1 LEC: Nartatez Notes

CIVIL LAW

a. Persons and Family Relations - Partnership

b. Property – about easements (proprietary rights) - Corporation
c. Succession- talks about legitime that is Liability
protected by law Cooperatives
Compulsory Heirs: Spouses and Children Non-stock Organization: (Education/
Disinheritance: a court action foundation)
Testate Stock:
- holographic: handwritten, no - Banking Law
witness necessary - Security Law
- notarial: notarized, with - Trademarks
formalities such as 2 witnesses - Patent
Intestate: no last will and testament - Intellectual Property Rights
- The law will dictate (ex. Ni Sir Beer na Beer)

Note: If there are advances it will be deducted Remedial Law

from their legitime
- Technical Aspect
d. Obligations and Contracts - Rules of Court
e. Special Contracts – talks about loan and - Civil and Criminal Procedure
commodatum o Summary
Procedure: fast
Civil law governs the relationships whether natural or o Normal Procedure:
juridical Deadlines
Different Kinds of Damages:  15 Days
 10 Days
a. Nominal (Ombudsm
b. Actual an)
c. Exemplary  10 Days
d. Moral (Labor
e. Temperate o Rules on Appeals
f. Liquidation o Biggest allocation in
the bar
Punitive Damages: penalties, docket fees of examination
10% o Crim Pro: Art. 3 Bill
- based on source of rights of Rights
- cause of actions : basis for filing an action  Rights of
the
Others:
Accused
Transportation Law  Gov. helps
Negotiable Instruments Law- talks about the
legal tender complainan
Commercial Law t ex. People
-Corporations Laws V Rubina
- Sole Proprietorship
2 LEC: Nartatez Notes
Legal Grounds for Ferdinand Marcos to be Buried in the
LNMB
AFP Regulations:
a. Medal of Valor Awardees
b. Presidents/ Commander-in-Chief
c. Secretaries of National Defense
d. Chiefs of Staffs, AFP
e. General/ Flag Officers of AFP
f. Active and Retired Military Personnel
g. Former AFP members who entered and joined
PNP and PCG
h. Veterans of the Phil Revolution
i. Government Dignitaries
a. Statesmen
b. National Artist
c. Interment that has been approved by
the Commander-in-Chief
j. Former presidents, widows of the President
Disqualification
a. Personnel who were dishonourably
separated/ reverted/ discharged from
service
b. Authorized personnel who were
convicted by final judgment of an
offense involving moral turpitude
Tanada V Tuvera: 136 SCRA 27
-requirement of publication
- Art. 2 of the Civil Code
- clear object of the law is to give the general
public adequate notice of the various laws which are to
regulate their actions
- w/o notice and publication, there would be no
application
Tanada V Tuvera: 146 SCRA 446
-the clause “unless otherwise provided” means “date of
effectivity” and not to the requirement of publication
itself
RA 10368: Reparation of Victims during the Marcos
Regime
RA 10913: Anti Distracted Driving Acts
Sec. 4. Distracted Driving. — Subject to the
qualifications in Sections 5 and 6 of this Act, distracted
driving refers to the performance by a motorist of any
of the following acts in a motor vehicle in motion or
temporarily stopped at a red light, whether diplomatic,
public or private, which are hereby declared unlawful;
(a) Using a mobile communications device to write,
send, or read a text-based communication or to make
or receive calls, and other similar acts; and (b) Using an
electronic entertainment or computing device to play
games, watch movies, surf the internet, compose
messages, read e-books, perform calculations, and
other similar acts.
Political Law
-broad subject
- Constitutional Law: constitutional rights: Bill of Rights
- Election Law: several prohibited acts during election
- Administrative Law: Law of municipal officers
- Public International Law
- Signatories forms part of the land
- UN – Treaties – human rights
Labor Law
-social legislation – group of statutes
a. Labor Standards: minimum standards
b. Labor Relations: Organized employees
Labor sector: mas protected
Criminal Law
-Crim 1: Basics
-Crim 2: Elements of a Crime
-Criminal Procedure
3 LEC: Nartatez Notes

- classical - Punishes an act which is not

yet punishable at the time it
- positive was committed
- eclectic Bill of attainder: inflicts punishment without trial
Commercial Law Equal Protection Clause : laws applied equally in the
Civil Law same class

Remedial Law Valid Classification:

Legal Ethics a. subtstantial distinction

DUE PROCESS b. purpose germane to the purpose of the law

-one that hears before it condemns which proceeds c. not limited to existing conditions only
upon inquiry and renders judgment only after trial d. applied equally to all the same class
1. Substantive : validity of the basis of the law HUMAN RIGHTS
2. Procedural : notice & hearing -created solely to watch
* opportunity to be heard -related to extrajudicial killings
* to hear your side CHR: Art. 13 Sec. 17
* concept of fair play Labor Law
1. Tupaz V CA Labor Standard: minimum standards set by the
-Francisco Lim & Ignacia Lim Tupas government

-Counsel did not file the petition for review within the Working hours: 8
reviewing, 1 day. Neither did he move for extension OT PAY: Rest Day, Holiday
- failure of the lawyer – not deprivation of due process Vacation leave: minimum of 5 days, service incentive
2. YNOT V IAC leave

- State cannot just confiscate without due process Employer- Employee Relationship:

3. TATAD V SANDIGANBAYAN a. Selection and hiring

b. Pay wages
- accused of RA 3019 c. Power to dismiss
d. Control Test: most important
- unexplained pro- longed preliminary investigation
Kinds of Employees:
- Right to speedy disposition of cases violated
1. Probationary – 6 months
Ex Post Facto Law – retroactive effect
2. Regular – security of tenure, benefits
3. Fixed Term Employment
4. Project Employees