CIVIL LAW REVIEW 1 RECIT QUESTIONS (Atty. Delson) Persons and Family Relations Art. 2 (Effectivity of Laws)  Must senate rules be published?  Is posting on the internet equivalent to publication?  Who are citizens of the Philippines?  What is personal law? NATIONALITY RULE is followed in the Philippines. This means that the PERSONAL LAW of a person is his NATIONAL LAW. Art. 4 (Retroactivity of Laws)  Exceptions to retroactivity of laws.  Does the Family Code have retroactive effect? YES, except if it will prejudice or impair vested rights.  Example in which the retroactivity of the Family Code will not apply? Not sure but classification of children into legitimate and illegitimate.  When is a law favorable to the accused? When it provides for a lesser penalty or eliminates the offense.  What if the accused had already SERVED SENTENCE, may the law be applied retroactively to him? Yes, for accessory penalties attached to him. Art. 36 (Prejudicial Question)  Requisites of prejudicial question (PQ)  What issues are involved? Factual or legal?  Why is there a need to suspend the criminal case? To avoid conflicting decisions.  Is there a PQ between a 2 civil cases? No.  Between two admin cases? No.  Between an admin case and a civil case? No. However, the court may suspend the civil case if the resolution of the admin case determines his liability in the civil case. This is almost same as that of a PQ but not a PQ. PQ involves STRICTLY one civil case and one criminal case.  In determining whether or not the validity of a marriage is a PQ to a bigamy case depends on (1) the marriage being attacked (first or second marriage) and (2) whether or not the marriage being assailed is void or voidable.  Regardless of the result of the first marriage, no PQ exists because the parties cannot determine for themselves the legality of their marriage.  If what is being questioned is the second marriage, the accused in the bigamy case should be the one questioning its validity and only on the ground of vitiated consent. Art. 6 (Waiver of Rights)  Requisites of a valid waiver.  When waiver is not allowed.  Example of waiver that is contrary to public order? When you were not able to pay your rent and the landlord seizes your belongings and locks the house.  READ: Cui v. Arellano Art. 13 (Counting of Period)  Rules when something that needs to be done falls on a holiday.  What if 2015 is a leap year, how would you count the 1-year period? 12 calendar months not necessarily 365 days as held in the case of PRIMETOWN v. CIR