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Sources of Philippine Civil Law

Sources of Philippine Civil Law

1. Constitution

2. Administrative or general orders not contrary to the constitution.

3. Statutes, laws, presidential decrees, executive orders, or batas pambansa.

4. Jurisprudence and judicial customs.

5. Decisions of foreign courts if applicable.

6. Principles governing analogous cases.

7. Principles of legal hermeneutics.

8. Equity and general principles of law (morals).


Sources of Philippine Civil Law

Sources of Philippine Civil Law

1. Constitution

2. Administrative or general orders not contrary to the constitution.

3. Statutes, laws, presidential decrees, executive orders, or batas pambansa.

4. Jurisprudence and judicial customs.

5. Decisions of foreign courts if applicable.

6. Principles governing analogous cases.

7. Principles of legal hermeneutics.

8. Equity and general principles of law (morals).


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SUGGESTED ANSWERS …

ANSWERS TO BAR EXAMINATION QUESTIONS IN POLITICAL LAW ARRANGED BY TOPIC (1990 – 2006) Edited and Arranged by:Silliman University College of Law Batch 2005Updated by:DondeeD’ BAR-Retake 2007 From the ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX & PHILIPPINE ASSOCIATION OF LAW SCHO...

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Oral Defamation l S…

Kinds and Definition of Slander or Oral Defamation   Definition: Speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood   Two kinds of oral or verbal defamation: (1) Grave Slander (2) Simple Slander   A. Factor...

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Article I – THE NAT…

Article I – THE NATIONAL TERRITORYThe national territory of the Philippines comprises:1) the Philippine archipelago;2) all other territories over which the Philippines has sovereignty or jurisdictionPHILIPPINE ARCHIPELAGO – that body of water studded with islands which is delineated in the Treaty of...

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Contributory Neglig…

What is the rule if there is contributory negligence on the part of the shipper?   General Rule: If the shipper or owner merely contributed to the loss, destruction or deterioration of the goods, the proximate cause thereof being the negligence o...

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When does liability…

It begins with the actual delivery of the goods for transportation, and not merely with the formal execution of a receipt or bill of lading; the issuance of a bill of lading is not necessary to complete delivery and acceptance. (Compania Maritima v. ...

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DEPRA v. DUMLAO

DEPRA v. DUMLAOFACTS:Dumlao is the owner of a parcel of land in Iloilo, while Depra owns the lot adjoining his. Dumlao built his house on his own land, but the kitchen encroached about 34 sq.m on Depra’s property. Upon finding this, Depra’s mom order...

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Right to Strike

SSSEA v. CA – right to strike – At present, in the absence of any legislation in government employees the right to strike, recognizing their right to do so, or regulating the exercise of such right, they are prohibited form striking by express prohi...

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People vs. Tolentin…

G.R. No. 176385, February 26, 2008 FACTS: On 13 February 1998, three separate informations of Murder and two counts of Frustrated Murder were filed before the RTC against appellants, together with accused Jimmy Trinidad and Arnel Trinidad. The murd...

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Perfection Of A Con…

In Oesmer, Jr., et al. v. Paraiso Dev. Corp., G.R. No. 157493, February 5, 2007, a contract to sell was entered into by the owners of a real property. They affixed their signatures but contested its validity later contending that their co-owner had n...

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