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MANALO, MARIA ANNA S.

EXERCISE 2
STATUTES

7.) The rightful owner of the fruits is Voldemort because the tree
where the said fruits are attached to, is located in his property. As
provided for in Article 440 and 441 of Republic Act No. 386, also
known as the Civil Code of the Philippines, which states that:
Article 440. The ownership of property gives the right by
accession to everything which is produced thereby, or
which is incorporated or attached thereto, either
naturally or artificially.
Article 441. To the owner belongs:
(1)The natural fruits
(2)The industrial fruits
(3)The civil fruits
Yes, Voldemort can lawfully cut down the mango tree. Since he is
the rightful owner of the tree, Article 428 of the same code provides
that:
Article 428. The owner has the right to enjoy and
dispose of a thing, without other limitations than those
established by law.
16.) Reserva troncal may be defined as, according to Article 891 of
the New Civil Code, the ascendant who inherits from his
descendant any property which the latter may have acquired by
gratuitous title from another ascendant, or a brother or sister, is
obliged to reserve such property as he may have acquired by
operation of law for the benefit of relatives who are within the third
degree and who belong to the line from which said property came.
18.) No, such promissory note must be signed by the maker. As
provided in Section 184, XVI of Act. 2031, also known as The
Negotiable Instruments Law, which states that:
Promissory note, defined. - A negotiable promissory
note within the meaning of this Act is an unconditional
promise in writing made by one person to another,
signed by the maker, engaging to pay on demand, or at
a fixed or determinable future time, a sum certain in
money to order or to bearer. Where a note is drawn to

MANALO, MARIA ANNA S.

EXERCISE 2
STATUTES

the maker's own order, it is not complete until indorsed


by him.
19.) Yes, the discrimination of Nicole because of her sex is
objectionable and against the law. As provided in Article 135,
Chapter 1, Title 3 of the Labor Code of the Philippines, provides that:
Discrimination prohibited. It shall be unlawful for any
employer to discriminate against any woman employee
with respect to terms and conditions of employment
solely on account of her sex.
The following are acts of discrimination:
1.) Payment of a lesser compensation, including
wage, salary or other form of remuneration and
fringe benefits, to female employees as against a
male employee, for work of equal value; and
2.) Favoring a male employee over a female
employee with respect to promotion, training
opportunities, study and scholarship grants solely
on account of their sexes.
Criminal liability for the willful commission of any
unlawful act as provided in this Article or any violation
of the rules and regulations issued pursuant to Section 2
hereof shall be penalized as provided in Articles 288 and
289 of this Code: Provided, That the institution of any
criminal action under this provision shall not bar the
aggrieved employee from filing an entirely separate and
distinct action for money claims, which may include
claims for damages and other affirmative reliefs. The
actions hereby authorized shall proceed independently
of each other. (As amended by Republic Act No. 6725,
May 12, 1989)
20.) The following are legal maxims that can be found, or has an
equivalent in Republic Act No. 386, also known as the New Civil
Code of the Philippines:

Contra Bonos Mores Against good morals; Article 21. Any


person who wilfully causes loss or injury to another in manner
that is contrary to morals, good customs or public policy shall

compensate the latter for the damage.


Cujus est dare, ejus est disponere He who has a right to give
has the right to dispose of the gift; Article 735. All persons
who may contract and dispose of their property may make a
donation.
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MANALO, MARIA ANNA S.

EXERCISE 2
STATUTES

Debita sequuntur personam debitoria Debts follow the


person of the debtor; Article 2236. The debtor is liable with
all his property, present and future, for the fulfillment of his

obligations, subject to the exemptions provided by law.


Duo non possunt in solido unam rem possidere Two cannot
possess one thing each in entirety; Article 485. The share of
the co-owners, in the benefits as well as in the charges, shall
be proportional to their respective interests. Any stipulation in
a contract to the contrary shall be void. The portions
belonging to the co-owners in the co-ownership shall be

presumed equal, unless the contrary is proved.


Furor contrahi matrimonium non sinit, quia consensus opus
est. Insanity prevents marriage from being contracted
because consent is needed; Art. 2. No marriage shall be
valid, unless these essential requisites are present: (2)
Consent freely given in the presence of the solemnizing
officer. And Art. 45. A marriage may be annulled for any of
the following causes, existing at the time of the marriage:
(2) That either party was of unsound mind, unless such party
after coming to reason, freely cohabited with the other as
husband and wife;

21.) The Unified Vehicular Volume Reduction Program (UVVRP) or


number coding scheme was first implemented in 1996 through the
MMDA Regulation No. 96-005, which provides that:
NOW THEREFORE, pursuant to Sec. 6 of Republic Act
No. 7924, the Metro Manila Council, MMDA, hereby
adopts and promulgates a unified vehicular volume
reduction program regulating the operation of certain
motor vehicles on all national, city and municipal roads
in Metropolitan Manila and repealing MMDA Regulation
Nos. 95- 001 and 96-004.

MANALO, MARIA ANNA S.

EXERCISE 2
STATUTES

Section 1 Motor vehicles including tricycles and


motorcycles, both public and private with license plate
ending as shown in the succeeding paragraph hereof
shall be prohibited from operating in all national, city
and municipal roads of Metropolitan Manila, during the
corresponding days of the week herein indicated, from
7:00 a.m. to 7:00 p.m

PLATE ENDING NO.


THE WEEK
1 and 2

DAYS OF

Mondays

3 and 4
Tuesdays
5 and 6
Wednesdays
7 and 8
Thursdays
9 and 0

Fridays

22.) Section 4, Rule 114 of the Rules of Court provides that a bail is
a matter of right when,
All persons in custody shall be admitted to bail as a
matter of right, with sufficient sureties, or released on
recognize as prescribed by law or this Rule (a) before or
after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court, and (b) before conviction
by the Regional Trial Court of an offense not punishable
by death, reclusion perpetua, or life imprisonment. (4a)
While Section 5 of the same provides that bail is a matter of
discretion when:
Upon conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, or
life imprisonment, admission to bail is discretionary. The
application for bail may be filed and acted upon by the
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MANALO, MARIA ANNA S.

EXERCISE 2
STATUTES

trial court despite the filing of a notice of appeal,


provided it has not transmitted the original record to the
appellate court. However, if the decision of the trial
court convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for
bail can only be filed with and resolved by the appellate
court.
Should the court grant the application, the accused may
be allowed to continue on provisional liberty during the
pendency of the appeal under the same bail subject to
the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment
exceeding six (6) years, the accused shall be denied
bail, or his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following
or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal
confinement, evaded sentence, or violated the
conditions of his bail without a valid justification;
(c) That he committed the offense while under
probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the
probability of flight if released on bail; or
(e) That there is undue risk that he may commit
another crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion of
any party, review the resolution of the Regional Trial
Court after notice to the adverse party in either case.
23.) Pure Bull, Inc. must pay real property tax in the city where it is
situated, that is, where it is registered, which can be be determined
through its Certificate of Title. According to Section 201, Chapter 2,
Title 3 of Republic Act No. 7160, also known as the Local
Government Code of 1991:
Appraisal of Real Property. - All real property, whether
taxable or exempt, shall be appraised at the current and
fair market value prevailing in the locality where the
property is situated. The Department of Finance shall
promulgate the necessary rules and regulations for the
classification, appraisal, and assessment of real property
pursuant to the provisions of this Code.
24.) Cedric Diggory may file a petition for certiorari and prohibition
for the validity of Republic Act No. 15791. As provided in Sections 1
and 2 in Rule 65 of the Rules of Court, which provides that:
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MANALO, MARIA ANNA S.

EXERCISE 2
STATUTES

Section 1. Petition for certiorari. When any tribunal,


board or officer exercising judicial or quasi-judicial
functions has acted without or in excess its or his
jurisdiction, or with grave abuse of discretion amounting
to lack or excess of jurisdiction, and there is no appeal,
or any plain, speedy, and adequate remedy in the
ordinary course of law, a person aggrieved thereby may
file a verified petition in the proper court, alleging the
facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings of such
tribunal, board or officer, and granting such incidental
reliefs as law and justice may require.
The petition shall be accompanied by a certified true
copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant
and pertinent thereto, and a sworn certification of nonforum shopping as provided in the third paragraph of
section 3, Rule 46. (1a)
Section 2. Petition for prohibition. When the
proceedings of any tribunal, corporation, board, officer
or person, whether exercising judicial, quasi-judicial or
ministerial functions, are without or in excess of its or
his jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is
no appeal or any other plain, speedy, and adequate
remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and
praying that judgment be rendered commanding the
respondent to desist from further proceedings in the
action or matter specified therein, or otherwise granting
such incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified
true copy of the judgment, order or resolution subject
thereof, copies of all pleadings and documents relevant
and pertinent thereto, and a sworn certification of nonforum shopping as provided in the third paragraph of
section 3, Rule 46. (2a)
Furthermore, a plebiscite must first be conducted before a local
government unit may be created or divided. As provided in Section
10, Chapter 2, Title 1 of Republic Act No. 7160, also known as the
Local Government Code of 1991, which provides that:
Plebiscite Requirement. - No creation, division, merger,
abolition, or substantial alteration of boundaries of local
government units shall take effect unless approved by a
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MANALO, MARIA ANNA S.

EXERCISE 2
STATUTES

majority of the votes cast in a plebiscite called for the


purpose in the political unit or units directly affected.
Said plebiscite shall be conducted by the Commission on
Elections (COMELEC) within one hundred twenty (120)
days from the date of effectivity of the law or ordinance
effecting such action, unless said law or ordinance fixes
another date.
25. ) Yes, the City of Pateros receives funding from the national
government. As stated in Title III, Chapter 1, Section 284 of Republic
Act No. 7160, also known as the Local Government Code of 1991,
that:
Allotment of Internal Revenue Taxes. Local
government units shall have a share in the national
internal revenue taxes based on the collection of the
third fiscal year preceding the current fiscal year as
follows:
(a) On the first year of the effectivity of this Code,
thirty percent (30%);
(b) On the second year, thirty-five percent (35%);
and
(c) On the third year and thereafter, forty percent
(40%).
Provided, That in the event that the national
government incurs an unmanageable public sector
deficit, the President of the Philippines is hereby
authorized, upon the recommendation of Secretary of
Finance, Secretary of Interior and Local Government
and Secretary of Budget and Management, and subject
to consultation with the presiding officers of both
Houses of Congress and the presidents of the "liga", to
make the necessary adjustments in the internal revenue
allotment of local government units but in no case shall
the allotment be less than thirty percent (30%) of the
collection of national internal revenue taxes of the third
fiscal year preceding the current fiscal year: Provided,
further, That in the first year of the effectivity of this
Code, the local government units shall, in addition to
the thirty percent (30%) internal revenue allotment
which shall include the cost of devolved functions for
essential public services, be entitled to receive the
amount equivalent to the cost of devolved personal
services.

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