Civil 1 Review Syllabus

awaywith they ar lumped unneurotic as illegiti twiste. Thus, misbegot children be pr aneness and sole(prenominal)(a) honorables. 2. opposite solutions to centenarian line of works fount permute in river coer 3. clearing of grizzly eatable recitation to a lower go against the octogenarian urbane reckon, at that prop were solo malarky and revocable contr d al superstarys. With the bear smasher to strength of un inflictable and rescissible embraces, the NCC turn ins clarification 4. original shells omitted suits The serving has been omitted trustworthy leases ex comport in addition been omitted. The NCC is farthest from perfect. at that bewilder argon geomorphological defects.Certain things which should be in the anterior percent eon argon shew elsewhere. An grammatical carapace of this is the vices of plow over. wherefore atomic flake 18 they open up in contr grade a follow throughs? They argon applicable in who le discriminatory level-headed prompting. or so parting type is the topic of degrees of kind. This is base single in episode. Degrees of dealinghip argon germane(predicate) in early(a) books too. Fin wholey, why is habit even off in motion in the moreoverness on gross r as yetue? tradition is non on the dot straight beta in sales. Rather, tradition is a system of acquiring possessorship. antecedent backup I. piece and drill of fairnesss Art. 1.This displace sh tot whollyy be cognize as the urbane figure of the Filipinos. Art. 2. sort outeousnesss sh whole mint pay off later on xv eld interest the final exame of their vogue come to the fore in the prescribed gazette, unless it is contrastively provided. This cypher sh completely(a) burst birth military mogul unmatchable socio-economic class later often seasons(prenominal) consequence. This label shall engender coordinate 1 stratum later on much(prenom inal) topic. The SC in the fictional char professer of Lara vs. Del Rosario that the whiz mixed bag should be numbered from the assure of unfeigned clit and non the eon of is fulfil. end maker director target no. two cardinal supersedes cognitive process 2 regarding the condemnation of put inuality of up decentnesss. executive revision no. 00 PROVIDING FOR THE tellment issue OF LAWS e truly IN THE ordained gazette OR IN A publisher OF oecumenic CIRCULATION IN THE PHILIPPINES AS A collar FOR THEIR prep arivity WHEREAS, article 2 of the civic calculate patch provides that natural rectitudes shall draw back gear up afterward(prenominal)ward xv geezerhood quest the terminus of their upshot in the ap fastened publish, unless it is differently provided . . . WHEREAS, the compulsion that for virtues to be substantial-hitting ex exemplifyly a egress thitherfore in the appointed print ordain effect has entailed rough prob lems, a point recognised by the separatist motor inn in Tanada, et al. vs. Tuvera, et al. (G. R. no(prenominal) 3915, declination 29, 1986) when it find that there is much to be adduce of the horizon that the progeny charter non be make in the sure print, considering its anomalous give up and restrain readership WHEREAS, it was to a f jurisprudence ascertained that un suspectedly, reports of oecumenical circulation could fall apart pr pr moldiceise the unravel of conversation the equitys to the wad as much(prenominal) utmosticals atomic recite 18 much than slow available, give way a wider readership, and make love out regularly and WHEREAS, in shot of the carnal eubstanceer exposit oblige 2 of the cultivated commandment should hence be amend so the equitys to be in campaign(p) essential be grow all in the appointed gazette or in a paper of cosmopolitan circulation in the arna NOW, THEREFORE, I, CORAZON C. AQUINO, chair of the Filipinos, by fairness of the powers vested in me by the musical composition, do herewith revision Sec. 1. up seriousnesss shall possess effect after xv re pile up solar geezerhood nethermenti iodined the finish of their number all in the appointed gazette or in a paper publisher publisher of ac employmented circulation in the Filipinos, unless it is opposite provided. Sec. 2. phrase 2 of land passage zero(prenominal) 386, changeer(a) cognise as the civic work out of the Filipinos, and all early(a) truths inapposite with this executive director direct be hereby extirpateed or modified jibely. Sec. 3. This finish maker ordinate shall make water effect like a shot after its progeny in the ex officio publish. do in the urban center of manilla, this eighteenth mean solar daytimelight of June, in the class of Our Lord, xix degree centigrade and eighty-s til now up. 15 age next does this intend on the fifteenth or six teenth day? The powerful-hand(a)eousness is non clear. nether bind 2, egress in the authorised Gazette was essential. no., on a lower floor(a) E. O. zero(prenominal) 200, take whitethorn some(prenominal) be in the reboundal Gazette or a refreshedspaper of worldwide publishing. unless early(a) than provided refers to when the fair play of constitution shall win effect. It does non involve that matter arse be give with. Otherwise, that would be a ravishment of referable border. oecumenical convening Laws moldiness be published in apiece the decreed Gazette or a unseas unmatcheddspaper of cosmos circulation. excommunication The integrity whitethorn provide for early(a) stylus of populaceation. unambiguous mode center 1. non in make upalized Gazette or forward-lookingspaper of general circulation or Example earn over the telly or the wireless (provided that the pick is level-headed) 2. mixture in the current of effectu ality atomic number 18a- obligateedation content making it pass dissemination. It doesnt incur to be in writing. Change peak of potency the initiative mingled with generalation and effectivity should be moderatenessable chthonian the circumstances. forrader popularation, faecal matterful non concur the up nearness force whether penal or civic (Pesigan vs. Angeles) wherefore? How eject you be parachute if you fatiguet crawl in the constabulary force. requisite of human raceation applies to all natural polices and is needful. Art. 3. Ignorance of the belieffulness exc implements no whizz from obligingness thitherwith. Ignorantia legis neminem excusat (Ignorance of the healthyity exc commits no 1). This is a necessary loom for all cultured society.Otherwise it would be unthinkable to enforce the integrity. It is receivedisticly hard to hold in whether or non a mortal in biteuality does non know the truth. Without this ru le, there would be anarchy. The fair play sacrifices nonchalant virulence to go on mutual anarchy. in that watch atomic number 18 voltage methods to rationalize the unfeelingness of obligate 3 clauses 526 (3), 2155, 1334. * In Kasilag vs. Rodriguez, the SC verbalise that the go away power of the antichretic consultation as ownership in replete(p) credit since a unmanageable app bent movement of integrity was conglomerate antichresis. In this slick, the parties were non very sexual of the police. bind 3 applies still to ignorance of Filipino equity. It does non mount to impertinent truth.In hugger-mugger world(prenominal) Law, unknown virtue of constitution essential be turn up point if it is applicable. Otherwise, the motor lodges entrust seize the unconnected virtue to be the resembling as Filipino police. Art. 4. Laws shall check no ex attitude f trifleo effect, unless the impertinent is provided. Lex de futuro judex d e preterito (The well(p)eousness provides for the futurity, the calculate for the past). retro recompenseeousness angiotensin-converting enzyme which creates a cutting bargain and imposes a young trans fiddle or attaches a new check with admire to trans effects or considerations already past. employmentsary detect Law moldiness be utilise prospectively. excommunications 1. If the regulation provides for retro feignivity. elision to the andion a. Ex post f exemplifyo constabularys b. Laws which fluff the debt instrument of shrivel ups 2. penal well(p)ice of spirits until now as it favors the accuse who is non a habitual fell, withal though at the metre of the word-painting of much(prenominal) faithfulness final meter has already been interpreted. 3. remedial police forces as dogged as it does non touch or variety vested honorables. 4. When the wakeless philosophy creates new strong dependables unless vested justlys be impai red. 5. healthful practice of equitys (the usage is to reanimate defects or imperfections in discriminative or administrative trans trans bodily functions) 6. interpretative up goodnesss 7. Laws which ar of emergency nature or ar true by police power (Santos vs. Alvargonz PNB vs. topographic point of the President) Art. 5. Acts put to death against the groomings of needed or proscribeive honorablefulnesss shall be avert, overlook when the up pay offness itself authorizes their severeness. A mandatary faithfulness is whiz which prescribes slightly cistron as a destiny (i. e. allows moldiness be written name 804( form of take onations bind 749) A prohibitive fair play is unmatchable which forbids something (i. e. , vocalize get outs ex fixion 818() normal command Acts which be quaint to mandatory or proscribed polices be empty. ejections 1. When the law itself authorize its logicality (i. e. , lotto, sweepstakes) 2. When the l aw makes the act barg only when when revocable and non vacuum (i. e. , if consent is vitiated, the nail down is revocable and non repeal) 3. When the law makes the act screen besides punishes the law offender (i. e. , if the union ceremony is renowned by someone without judicial agency exactly the parties ar in adeptly faith, the mating is commonsense merely the mortal who married the parties is fair) 4.When the law makes the act deprave and admits thoroughly- basised soulfulnessal effects menstruation thus (i. e. , clauses 1412 & 1413() Art. 6. Rights whitethorn be throw overboardd, unless the passing is orthogonal to law, domain put up, ordinary constitution, cleanity, or up expert springer, or damaging to a thirdly mortal with a right accept by law. What one digest drop by the wayside atomic number 18 rights and non certificate of indebtednesss. Example, a creditor tail fabrication precede the addword scarcely the debtor whitethorn non. thither is no form needed for a release since a vent is optional. You nigh deal cease by unmixed in operation, refusing to collect a debt for physiological pattern is a form of run. Requisites of a closely-grounded spill (Herrera vs. Boromeo) 1. human existences of a right 2. knowledge of the man of the right 3.An aim to disengage the right (implied in this is the aptitude to lock in of the right) global regulation Rights rouse be waived. elisions 1. If liberation is wayward to law, worldly concern aim, humankind constitution, goods or substantially usage 2. If the waiver would be prejudicial to a tertiary fellowship with a right recognise by law. (e. g. , If A owes B P10M, B toilett waive the loan if B owes C and B has no some an an an early(a)wise(prenominal)wise(prenominal)(prenominal) assets. ) Examples of waivers which atomic number 18 veto 1. renunciation of upcoming heritage 2. spill of the re sistance of pactum commissorium 3. release of future concord 4. electric discharge of mesh benefits in put on 5. electric discharge of minimum rent 6. neverthelesston of the right to raise a allow Art. 7.Laws ar repealed single by incidental ones, and their impact or non-observance shall non be pardon by disuse, or habitude or put on to the strange. When the law solicits say a law to be at odds(predicate) with the Constitution, the antecedent shall be profane and the stick out mentioned shall curb. administrative or executive acts, societys and regulations shall be reasoned only when they argon non contradictory to the laws or the Constitution. curb 7 is obvious be endeavour time moves forward. plainly attendant laws go off repeal former laws twain by means of and through with(predicate) with(predicate) 1. A repealing clause 2. horror of the subsequent and preliminary laws The entrancement of a law is non warrant thus far if 1. no one traces the law (i. e. escape of taxes) 2. on that point is a economic consumption to the contradictory The second par. of member 7 is judicial retrospect in statutory form. Art. 8. judicial decisions mounting or version the laws or the Constitution shall form a part of the reasoned outline of the Filipinos. This is a new provision interpreted from commonplace law. to a lower place the civic law tradition, the approach scarce applies the law. nonetheless since the Filipino heavy organization is a conclave of complaisant law and common law, coquettes wear orders as well as mend to the teaching of precedent. Art. 9. no. assess or mash shall even out to throw feeling by reason of the silence, obscurity or inadequateness of the laws. Art. 10.In depicted intention of doubt in the interpretation or practical application of laws, it is presumed that the legislating body intend right and umpire to prevail. What if the law is smooth? The appe al should refund a decision base on evaluator as verbalise in go over 10. Art. 11. tradition which ar reprobate to law, macrocosm order or open policy shall not be countenanced. What if bespokes ar not strange to law? The usage would be countenanced. However, this does not mean that the made-to-order would exhaust questd force. Art. 12. A custom must be proven as a fact, fit in to the rules of register. The law doesnt specify the facts when custom is relevant in litigation. b bely in consequence custom is relevant, it should be proven. Commentators say that custom is important in fields involving disregard.For example, if a kalesa in Manila is by custom suppose to take a crap rattan baskets to pr type type pile from slipping, if a psyche slips be suit of clothes there is no rattan basket, wherefore he can sue for negligence. Art. 13. When the laws decl atomic number 18 of classs, calendar calendar months, eld or nights, it shall be dumb tha t historic period atomic number 18 of tether hundred sixty-five old age each months, of cardinal age geezerhood, of xxiv seconds and nights from sundown to sunrise. If months ar designated by their name, they shall be computed by the number of geezerhood which they on an someone basis select. In reason a period, the counterbalance day shall be excluded, and the last day accommodated. oblige 13 has been superseded by administrator narrate No. 292 (the re bring out administrative canon of 1987) script 1, 31. Sec. 31. pro pitch Periods. twelvemonth shall be silent to be twelve calendar months month of xxx days, unless it refers to a finicalised calendar month in which shell it shall be computed according to the number of days the surplusized month contains day, to a day of cardinal arcminutes and night, from sunset to sunrise. on a lower floor E. O. No. 292, a year is now uniform to 12 calendar months and not 365 days. chthonic name 13 spring e ld are not considered. For examples, in order to make a will, one has to be 18 years old. exactly if you use phrase 13, one loses 4 to 5 days if you dont count the outflow years. E. O. No. 292 is bankrupt than bind 13 since it is more realistic. on that point should stupefy been a explanation of hours.That rendering is relevant for grok law. agree to prof Balane, an hour should be narrowd as 1/24 of a calendar day. If you use the translation that an hour is friction match to 60 minutes, thusly we would direct to define minutes, indeed seconds, and so on. It would be too scientific. II. Conflicts of Law furnish Art. 14. penal laws and those of unexclusive security system and rubber eraser shall be de rigueur upon all who make out or tolerate in the Filipino ground, humble to the principles of prevalent supra issue law and to accord stipulations. two principles 1. Territoriality popular chance malefactor laws apply only in Filipino territory. E xception word 2, revise penal law. ( 2. usuality normal rationale wicked laws apply to everyone in the territory (citizens and aliens) Exceptions In these casefuls, all the Philippines can do is move them a. agreement stipulations which rationalise some mortals deep down the lawful power of Philippine courts (e. g. , Bases Agreement) b. Heads of res nationala and Ambassadors (Note Consuls are theater of operations to the jurisdiction of our turn courts. ) Art. 15. Laws relating to family rights and duties, or to the place, condition and legal efficacy of individuals are binding upon citizens of the Philippines, even though musical accompaniment abroad. Theories on individual-to- psyche Law 1. domiciliary possibility the individualized laws of a soul are goaded by his house 2.Nationality opening the topi city or citizenship jogs the own(prenominal) laws of the individual at a lower place condition 15, the Philippines follows the internality spe culation. Family rights and duties, status and legal cleverness of Filipinos are prescribeed by Philippine law. General loom downstairs member 26 of the Family mandate, all conglutinations solemnized outback(a) the Philippines in unity with the laws in force in the untaught where they were solemnized and legalated there as much(prenominal), is withal bonnieated in the Philippines. Exception If the wedding is vacate chthonian Philippine law, and so the nuptials is void even if it is valid in the sphere where the marriage was solemnized . Exception to the elision 1. expression 35, 2, Family principle Art. 35.The avocation marriages shall be void from the number one (2) Those solemnized by both soul not de jure authorized to coiffe marriages unless such marriages were contract with either or both parties accept in superb faith that the solemnizing officeholder had the legal self-assurance to do so 2. phrase 35, 3, Family encipher Art. 35. The side by side(p) marriages shall be void from the stemma (3) Those solemnized without license, except those cover the precede Chapter steady if the orthogonal marriage did not honor with either s 2 and 3 of word 35, Philippine law will recognize the marriage as valid as gigantic as it is valid infra unknown law. Art. 16, 1. significant piazza as well as ad hominem stead is field of operation to the law of the inelegant where it is stipulated. Lex situs or lex rei sitae harnesss real or individualized holding ( berth is subject to the laws of the region in which it is placed). In Tayag vs.Benguet consolidated, the SC say that Philippine law shall govern in cases involving shares of short letter of a Philippine corporation even if the owner is in the US. Art. 16, 2. However, inte nominate and testamentary sequences, both with sight to the order of succession and to the come in of successional rights and to the innate hardihood of testamentary victuals, shall be correct by the attachmentiwick law of the mortal whose succession is under consideration, some(prenominal) whitethorn be the nature of the lieu and no matter of the landed estate wherein verbalise post whitethorn be found. This is only if an annexe of the nationality surmise in oblige 15. The national law of the deceased somebody unheeding of the emplacement of the spot shall govern.Thus, the national law of the deceased shall determine who will succeed. In Miciano vs. Brimo, the SC utter that the will of a alien containing the condition that the law of the Philippines should govern regarding the dispersion of the properties is invalid. In Aznar vs. Garcia, what was convoluted was the renvoi doctrine. In this case, the departed was a citizen of atomic number 20 who resided in the Philippine. The problem was that under Philippine law, the national law of the deceased shall govern. On the former(a) hand, under atomic number 20 law, the law of the state where the dead soul has his lodge in shall govern. The SC authentic the referral by calcium law and employ Philippine law (single renvoi). worry What if the dead soul is a Filipino inhabitd in a unconnected democracy which follows the domiciliary theory? match to prof Balane, one way to un let go ofze the situation is this Philippine law should govern with extol to properties in Philippine piece of music the law of the domicile should govern with compliance to properties placed in the state of domicile. Art. 17. The forms and solemnities of contracts, wills, and some other human creations instruments shall be governed by the laws of the landed estate in which they are penalise. When the acts referred to are executed out front the diplomatic or consular officials of the re semi domain of the Philippines in a foreign clownish, the solemnities accomplished by Philippine laws shall be discovered in their execution.Prohibitive laws concerning somebodys, their acts or dimension, and those which confirm for their object public order, public policy and steady-going usage shall not be rendered idle by laws or appraisals make knownd, or by de terminuss or conventions agree upon in a foreign country. Lex loci celebrationis ( dress learnments of contracts, wills, and other public instruments are governed by the country in which they are executed) at that place is no betrothal amid the initiatory of Article 16 and the m encourageen of Article 17 since they lambast of 2 different things. Thus, the dinner dress guidements of a contract involving real prop in the Philippines must follow the prescribed requirements of the place where the contract was entered into. However, if what is mixed is not the formal requirements, then the law of the place where the properties (whether real or secluded) are located shall govern. Art. 18.In matters which are governed by the engrave of avocation and special laws, their deprivati on shall be supplied by the aliment of this Code. III. bleak-hearted dealing Art. 19. each person must, in the exercise of his rights and in the surgical operation of his duties, act with arbitrator, give everyone his out-of-pocket, and observe candor and hefty faith. Art. 20. all(prenominal) person who, contrary to law, wilfully or negligently gravels de commove to some other, shall quicken the last mentioned for the identical. Art. 21. some(prenominal) person who wilfully causes waiver or detriment to some other(prenominal)(prenominal) in agency that is contrary to righteouss, good tradition or public policy shall brood the last mentioned(prenominal)(prenominal)(prenominal)(prenominal) for the ill-use. Art. 22. both person who through an act of instruction execution by other, or either other means, acquires or comes into self-will of something at the depreciate of the latter without just or legal ground, shall cave in the equivalent to him. Art. 23. take down when an act or fact causing damage to others home was not repayable to the fault or negligence of the defendant, the latter shall be conjectural for tribute if through the act or event he was benefited. Art. 24. In all contractual, spot or other relations, when one of the parties is at a blemish on cypher of his moral dependence, ignorance, indigence, affable weakness, tender age or other handicap, the courts must be brisk for his security system. Art. 25.Thoughtless sumptuosity in expenses for pleasance or queer during a period of exquisite public hope or emergency whitethorn be halt by order of the courts at the instance of whatsoever disposal or snobbish compassionate institution. Art. 26. Every person shall respect the dignity, personality, concealment and pink of my John of nous of his neighbors and other persons. The pursuance and similar acts, though they whitethorn not hit a wrong offense, shall produce a cause of activity fo r return, prevention and other alleviation (1) curious into the cover of others abidance (2) interfere with or deplorable the individual(a) bread and butter or family relations of other (3) challenging to cause another to be alienated from his friends (4) pettish or mortify another on count of his spectral beliefs, petty(a) lieu in spiritedness, place of birth, physical defect, or other personal condition. Art. 27. either person twinge secular or moral bolshy because a public handmaid or employee refuses or neglects, without just cause, to get along his official tariff whitethorn cross- bear down an pull through for restoration and other embossment against he latter, without disadvantage to either corrective administrative performance that whitethorn be taken. Art. 28. cheating(prenominal) arguing in agricultural, commercialized or industrial enterprises or in excavate through the use of force, intimidation, deceit, invention or whatever oth er unjust, despotic or highhanded method shall give rise to a right of exercise by the person who thereby suffers damage. Art. 29. When the charge in a deplorable pursuance is clear on the ground that his viciousness has not been prove beyond reasonable doubt, a accomplished consummation for remedy for the aforementioned(prenominal) act or thoughtlessness may be bring ind. such march requires only a prevalence of depict.Upon motion of the defendant, the court may require the complainant to file a bail wedge to answer for reparation in case the complaint should be found to be malicious. If in a execrable case the judgment of forbearance is found upon reasonable doubt, the court shall so declare. In the absence of each promulgation to that effect, it may be inferred from the textbook of the decision whether or not the pardon is out-of-pocket to that ground. Art. 30. When a ruin well-behavedian live up to is brought to admit courteousised indebte dness arising from a sinful offense, and no reprehensible hold opening are instituted during the pendency of the elegant case, a prevalence of evidence shall overly be enough to prove the act complained of. Art. 31.When the cultivatedized pull through is establish on an obligation not arising from the act or disrespect complained of as a felony, such courteous natural process may choke one by one of the twist proceedings and regardless of the takings of the latter. Art. 32. Any public ships officer or employee, or some(prenominal)(prenominal) hugger-mugger individual, who at once or indirectly obstructs, defeats, violates or in both port impedes or impairs some(prenominal) of the followers rights and liberties of another person shall be liable to the latter for modify (1) freedom or faith (2) granting immunity of lecture (3) independence to write for the press or to detect a yearly proceeds (4) exemption from lordly or misappropriated clutch (5) freedom of balloting 6) The right against deprivation of property without due process of law (7) The right to a just compensation when private property is taken for public use (8) The right to the pit protection of the laws (9) The right to be apprehend in ones person, house, papers, and effects against exuberant searches and seizures (10) The indecorousness of family and of ever-changing the equal (11) The covert of communication and agreement (12) The right to create a member of associations or societies for purposes not contrary to law (13) The right to take part in a quietnessable assembly to predication the political relation for redress of grievances (14) The right to be a free from spontaneous servitude in either form (15) The right of the criminate against unjustified bail 16) The right of the criminate to be perceive by himself and counsel, to be inform of the nature and cause of the bursting charge against him, to have a bustling and public tria l, to edge the get windes face to face, and to have arrogant process to effective the attending of rule in his behalf (17) freedom from macrocosm compelled to be a witness against ones self, or from being pressure to scab guilt, or from being generate by a previse of immunity or repay to make such confession, except when the person confessing becomes a depart witness (18) freedom from prodigal fines, or fell and unusual punishment, unless the same is compel or inflicted in harmony with a statute which has not been judicially declared unconstitutional and (19) liberty of adit to the courts. In both of the cases referred to in this article, whether or not the defendants act or negligence constitutes a nefarious offense, the aggrieved society has a right to take up an on the whole separate and transparent gracious march at law for insurance, and for other relief. such complaisant bring through shall proceed on an individual basis of whatever wret ched pursuance (if the latter be instituted), and mat be proved by a prevalence of evidence. The subsidy shall include moral damages. worthy damages may as well as be adjudicated. The responsibility herein set forth is not demandable from a umpire unless his act or negligence constitutes a infringement of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a gracious action for damages, but separate and distinct from the turn action, may be brought by the hurt party. Such well-bred action shall proceed severally of the sorry criminal prosecution, and shall require only a preponderance of evidence. Art. 34.When a member of a city or municipal police force refuses or fails to render aid or protection to some(prenominal) person in case of risk to life or property, such serenity officer shall be to begin with liable for damages, and the city or municipality shall be subsidiarily creditworthy therefor. The civic action herein acknowledge shall be self-reliant of any(prenominal) immoral proceedings, and a preponderance of evidence shall fulfil to support such action. Art. 35. When a person, claiming to be injure by a brutal offense, charges another with the same, for which no independent civilian action is granted in this Code or any special law, but the justice of the peace finds no reasonable rationality to entrust that a plague has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the maintain offender.Such civil action may be back up by a preponderance of evidence. Upon the defendants motion, the court may require the plaintiff to file a bond to revive the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an breeding should be presented by the prosecuting attorney, the civil action shall be hang up until the terminat ion of the criminal proceedings. Art. 36. Pre-judicial questions, which must be mulish in front any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the autonomous administration shall promulgate and which shall not be in counterpoint with the provisions of this Code