Saturday, July 3, 2010

Quiz # 1 - Persons and Family Relations PFR

I. What is the rule on the application of laws? Is it absolute?
II. What is the  rule on mixed marriage under Article 26 of the Family Code of the Philippines? Explain.
III. What is marriage and what is the policy of the government on marriage? Explain.
IV. Distinguish Juridical Capacity and Capacity to Act. Give illustrative explanation.
V. Why publication of laws should be in its entirety and not its abbreviated form? Explain.

I. Prospectivity of laws is the general rule
    Art. 4 New Civil Code - Laws shall have no retroactive effect, unless the contrary is provided.

   As a general rule, laws shall have prospective effects only.There are, however, certain exceptions, such as:
   a.) when the law provides for its retroactivity;
   b.) when the law is penal in nature and which is favorable to the accused who is not a habitual delinquent or recidivist;
   c.) when the law is procedural in nature;
   d.) when it creates new substantive rights;
   e.) when the law is curative in nature;
   f.) when it is interpretative of other laws.

II. Art 26 Family Code - All marriages outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Art. 35 (1), (4), (5), 36, 37 and 38.

When a marriage between a Filipino citizen and foreigner is validly celebrated and a divorce is thereafter validly obtained by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (as amended by EO 227)

III. Art. 1 - Family Code - Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this code.

~for a better understanding and explanations please refer to the Civil Code and Family Code of the Philippines and to the Book of Albano on Persons and Family Relations.

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