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Questions and Answers
What are the different reliefs that an abused woman/child may seek?
What are the different reliefs that an abused woman/child may seek?
Filing of a criminal action, Protection Order
What is the concept of social justice?
What is the concept of social justice?
Social justice means the promotion of the welfare of all the people...
What are the rights of workers protected by the State?
What are the rights of workers protected by the State?
What is management prerogative?
What is management prerogative?
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Employer-employee relationships are determined by the four-fold test.
Employer-employee relationships are determined by the four-fold test.
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What is a nation?
What is a nation?
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What are the four elements of a state?
What are the four elements of a state?
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What are the five functions of government?
What are the five functions of government?
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What are the three inherent powers of the State?
What are the three inherent powers of the State?
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The power of taxation is primarily vested in the Executive branch.
The power of taxation is primarily vested in the Executive branch.
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A constitution is a system of fundamental laws for the governance and administration of a __________.
A constitution is a system of fundamental laws for the governance and administration of a __________.
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What is the concept of Supremacy of the Constitution?
What is the concept of Supremacy of the Constitution?
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Match the three branches of government with their functions:
Match the three branches of government with their functions:
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What are the different sources of law?
What are the different sources of law?
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Will the annulment of marriage prosper based on the given scenario?
Will the annulment of marriage prosper based on the given scenario?
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Is an expert opinion required for a declaration of nullity of marriage due to psychological incapacity?
Is an expert opinion required for a declaration of nullity of marriage due to psychological incapacity?
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What are the grounds for the declaration of nullity of a marriage?
What are the grounds for the declaration of nullity of a marriage?
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What are the types of violence under VAWC? ______, ______, ______, ______
What are the types of violence under VAWC? ______, ______, ______, ______
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Match the following types of violence with their elements:
Match the following types of violence with their elements:
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Can courts enforce the obligation of the husband and wife to live together, observe mutual love, respect and fidelity, and render mutual help and support pursuant to Art. 68 of the Family Code?
Can courts enforce the obligation of the husband and wife to live together, observe mutual love, respect and fidelity, and render mutual help and support pursuant to Art. 68 of the Family Code?
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What are the rights and obligations of the spouses?
What are the rights and obligations of the spouses?
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What are the types of property regimes under the Family Code?
What are the types of property regimes under the Family Code?
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Study Notes
Void and Voidable Marriages
- A void marriage is inexistent from the time of performance and cannot be ratified.
- A voidable marriage is valid until annulled by the court and can be ratified by cohabitation and/or prescription.
- In a void marriage, there is no community of property, and children are considered illegitimate.
- In a voidable marriage, there is an absolute community of property, and children are considered legitimate.
Annulment of Marriage
- The grounds for annulment of marriage are:
- Lack of parental consent
- Insanity of one party
- Fraud
- Force, intimidation, or undue influence
- Impotence of one party
- Serious STD of one party
- The period for filing an annulment varies depending on the ground, and prescription or cohabitation may ratify the marriage.
- An annulment can be filed by the injured party, and the court may declare the marriage null and void.
Case Study
- M and J got married, but M later discovered that J was pregnant by another man at the time of marriage.
- M filed an annulment of marriage on the ground of fraud, but the court will not grant the annulment because J was not pregnant at the time of marriage.
Grounds for Declaration of Nullity of Marriage
- The grounds for declaration of nullity of marriage are:
- Psychological incapacity
- Fraud
- Lack of parental consent
- Insanity of one party
- Force, intimidation, or undue influence
- Impotence of one party
- Serious STD of one party
- A declaration of nullity of marriage can be filed by the injured party or the public prosecutor.
Expert Opinion
- An expert opinion is not required for a declaration of nullity of marriage due to psychological incapacity.
- The totality of evidence must sufficiently prove the psychological incapacity of one or both spouses.
Rights and Obligations of Spouses
- The rights and obligations of spouses include:
- Living together
- Observing mutual love, respect, and fidelity
- Rendering mutual help and support
- Fixing the family domicile
- Jointly supporting the family
- Managing the household
- Not neglecting duties or committing acts that bring danger, dishonor, or injury to the family
- Exercising parental authority over children's property
- Answering for civil liability arising from injuries caused by children below 21
Property Regimes
- The types of property regimes under the Family Code are:
- Absolute Community of Property
- Conjugal Partnership of Gains
- Complete Separation of Properties
- Each regime has its own rules and implications for the ownership and management of properties.
Violence Against Women and Children (VAWC)
- The types of violence under VAWC are:
- Physical violence
- Sexual violence
- Psychological violence
- Economic abuse
- Each type of violence has its own elements and characteristics.
Elements of Violence
- The elements of each type of violence are:
- Physical violence: bodily or physical harm, and other specific acts
- Sexual violence: sexual acts, including rape, sexual harassment, and other forms of sexual exploitation
- Psychological violence: emotional or psychological harm, including intimidation, stalking, and other forms of psychological abuse
- Economic abuse: deprivation or control of financial resources, including withholding of financial support### Introduction to Law
- A nation is a group of people with a common language, history, culture, and geographic territory.
- A state is a group of people occupying a fixed territory bound by one body politic subject to a definite authority exercising control over all persons occupying its territory.
- The four elements of a state are:
- People
- Territory
- Government
- Sovereignty
- The five functions of government are:
- Maintain peace and security
- Regulate the economy
- Promote social welfare and development
- Provide public services
- Protect national territory
- The three inherent powers of the State are:
- Police Power
- Power of Eminent Domain
- Power of Taxation
Family Code
- The essential requisites of marriage are:
- Legal capacity of the contracting parties
- Consent freely given in the presence of the solemnizing officer
- The formal requisites of marriage are:
- Authority of the solemnizing officer
- Valid marriage license (except in certain cases)
- Marriage ceremony with the appearance of the contracting parties and witnesses
- Marriages exempt from the marriage license requirement include:
- Articulo Mortis
- No means of transportation
- Marriage in articulo mortis between passengers and crew members
- Marriage in articulo mortis between members of the armed forces or civilians
- Marriages among Muslims or among members of the ethnic cultural communities
- Marriage between a man and a woman who have lived together for five years and without any legal impediment to marry each other
- The effect of absence, defect or irregularity of the requisites of marriage:
- Marriages lacking any essential or formal requisite are void ab initio
- Marriages attended by a defective essential requisite are voidable
- Marriages attended by an irregularity as to formal requisites are valid, subject to potential criminal, civil, or administrative liability
Labor Code
- The rights of workers protected by the State include:
- Equal opportunity
- Self-organization
- Collective bargaining
- Security of tenure
- Just and humane conditions of work
- Management prerogative includes the right to:
- Regulate all aspects of employment
- Prescribe reasonable rules and regulations
- Implement disciplinary measures
- Hire and terminate employees
- The four-fold test in determining whether or not there is an employee-employer relationship:
- Power of selection and hiring of employee
- Power of discipline and dismissal
- Payment of Wages
- Control test
- Types of employment:
- Regular Employees
- Probationary Employees
- Term Employees
- Project Employees
- Seasonal Employees
- Casual Employees
Violence Against Women and Their Children (VAWC)
- The reliefs that an abused woman/child may seek include:
- Filing of a criminal action
- Protection Order
- Economic Abuse
- Psychological Abuse
- Economic abuse includes:
- Willful withholding of support
- Denial of financial resources
- Psychological abuse includes:
- Causing mental or emotional anguish
- Public ridicule or humiliation
- Repeated verbal and emotional abuse
Reviewer
- The scope of the exam includes:
- Introduction & Constitution
- Family Code
- Labor Code
- Notes:
- This reviewer is meant to guide you in your review for the Mid-term Examinations.
- You are still expected to read, understand, and apply the specific provisions of the laws and the cases that we tackled.
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Description
A reviewer for Philippine Normal University's Law Course, covering introductions, Constitution, Family Code, Labor Code, and more. Prepare for your mid-term exams with this guide.
