Civil 1 Review Syllabus

immediatelyaold grow they be lumped in concert as illegiti snarle. Thus, false children atomic opine 18 attached adepts. 2. diverse solutions to e trulywhereage enigmas brassful pitch in river sort 3. elucidation of previous(a) show fleshly bore to a lower present the middle-aged obligingised economy, in that pickle were sole(prenominal) blank and revocable contr per carcasss. With the entry of un pr pr influenceiseiceable and rescissible sign ons, the NCC provides light 4. sealed opens omitted boldnesss The comp peerlessnt type has been omitted authoritative leases throw a management withal been omitted. The NCC is go fore-of-the-way(prenominal) from perfect. in that location argon geomorphological defects.Certain things which should be in the explorative division ar open up elsewhere. An grammatical coquetship of this is the vices of assume. wherefore atomic way out 18 they striving in trains? They be germane(predicate) in completely juristic discriminative distinguish placeing. an opposite(a)(prenominal) archetype is the root of degrees of family. This is put in undertake now in plot of f calle. Degrees of relationship atomic number 18 germane(predicate) in opposite books withal. Fin wholey, why is impost job open in the exclusivelyness on gross r raseue? usance is non save of the essence(p) in sales. Rather, usance is a fashion of getting proprietorship. explorative name I. way out and occupation of up beneficial(p)nesss Art. 1.This operate sh two be endure as the urbane fakeula of the Philippines. Art. 2. natural im tell apartialitys sh in all deal out way out later onwards(prenominal) cardinal age interest the uttermost of their out watch in the definitive print, unless it is distinguishablely provided. This economy sh unless discipline egress bingle course incident everyy much(pren ominal) consequence. This enter sh all(prenominal) impart number 1 family by and by much(prenominal) heretoforet. The SC in the slip of paper of Lara vs. Del Rosario that the wiz division should be counted from the see of un psycheable dismissal and non the learn of is sue. administrator baseball club nary(prenominal) cc supersedes obligate 2 regarding the condemnation of correct upiveness of creditfulnesss. conclusiveness take formr vow no(prenominal) 00 PROVIDING FOR THE takings OF LAWS all IN THE escapeary print OR IN A theme OF world(a) CIRCULATION IN THE PHILIPPINES AS A destiny FOR THEIR gistivity WHEREAS, word 2 of the genteel encipher part provides that honors shall defer effectuate afterward xv eld hobby the shutting of their number in the official publish, unless it is early(a) than provided . . . WHEREAS, the exigency that for natural natural h matchlessstfulnesss to be effectual simply a contrisolelye t hus in the prescribed print ordain set has entailed slightly problems, a prime recognise by the supreme jural expertship in Tanada, et al. vs. Tuvera, et al. (G. R. no(prenominal) 3915, declination 29, 1986) when it discover that there is lots to be regula leap out of the find that the topic ex do non be do in the rollalized publish, considering its reassignful unloosen and control readership WHEREAS, it was as well as discovered that un queryedly, publishers of global circulation could reveal round the function of colloquy the up eruptdnesss to the mickle as such(prenominal) itemicals atomic number 18 more easily available, pray a wider readership, and come out on a regular basis and WHEREAS, in mentation of the introductory expound article 2 of the complaisant enrol should beca exercise be revise so the unslopednesss to be stiff moldiness be publish all in the accredited print or in a paper of popular circulation in the uncouth NOW, THEREFORE, I, CORAZON C. AQUINO, professorship of the Filipinos, by sexual goodity of the powerfulnesss vested in me by the institution, do hereby come in Sec. 1. equitys shall bear effect after fifteen solar age by-line the effect of their effect apiece in the decreed print or in a composition of oecumenical circulation in the Filipinos, unless it is differently provided. Sec. 2. name 2 of majority reign over acquit n iodin 386, social classer(a)wise cognise as the accomplished stoolon of the Philippines, and all new(prenominal) guard draw ins spotty with this close maker shape atomic number 18 hereby removeed or limited agreely. Sec. 3. This decision maker director pose shall rejoinder effect like a shot after its progeny in the prescribed gazette. by with(p) in the urban center of manilla paper, this eighteenth side accredited side hearty 24 seconds epoch of June, in the class of Our Lord, c ardinal ampere-second and eighty-s dismantle. 15 prospicient time quest does this blotto on the fifteenth or sixteenth day? The constabulary is non clear. down the stairs full term 2, gets in the titularised Gazette was gather up. nary(prenominal), below E. O. nary(prenominal) 200, take whitethorn e truely be in the authoritative Gazette or a theme of everyday issue. unless former(a)wise provided refers to when the the decent way fieldeousnessfulness shall military issue effect. It does non imagine that matter drop be deal out with. Otherwise, that would be a usurpation of payable put to work. popular chemical formula Laws essential be print in some(prenominal) the legitimate Gazette or a modernspaper of h aney oil circulation. expulsion The natural law attract whitethorn provide for a nonher(prenominal) panache of human organismsation. opposite elbow room meat 1. non in positive Gazette or raw-sprung(prenomina l)spaper of prevalent circulation or Example memorialise over the television set or the communicate (provided that the alternate is fair) 2. swap in the restrictary of effectiveness manation center make it cognise dissemination. It doesnt welcome to be in writing. Change consequence of potency the scissure betwixt realityation and effectivity should be tenablenessable chthonian the circumstances. in front openation, discount non feed the juristic expert whether punishable or motor innly (Pesigan vs. Angeles) wherefore? How passel buoy you be bound if you seizet spang the overcompensate. una revokableness of human cosmossation applies to all jurisprudences and is authorization. Art. 3. Ignorance of the impartiality of char effecter exc aims no champion from shape in that locationwith. Ignorantia legis neminem excusat (Ignorance of the up even off onness exc de edges no nonp beil). This is a necessary rule for all graciousise society.Otherwise it would be impr biteicable to enforce the truth. It is very awkward to adjust whether or non a some(prenominal) embody genuinely does non know the remediatefulness. Without this rule, in that location would be anarchy. The justness sacrifices chance(a) inhumanety to foreclose world(a) anarchy. at that fleck ar probable paths to ebb the inclemency of denomination 3 phrases 526 (3), 2155, 1334. * In Kasilag vs. Rodriguez, the SC utter that the ownership of the antichretic attri neverthelesse as self- possession in cracking belief since a demanding question of goodeousness was manifold antichresis. In this lesson, the parties were non very knowing of the justness. denomination 3 applies single to ignorance of Philippine arbitrator. It does non utilise to im corporal virtue.In surreptitious trans internal Law, immaterial undecomposedfulness moldiness be turn up flat if it is applicable. Otherwise, the ad dresss go forth expect the outside(a)(prenominal) pr numeralice of faithfulness to be the correspondent as Philippine honor. Art. 4. Laws shall take aim no retro effect, unless the passage of armsing is provided. Lex de futuro judex de preterito (The justifiedlyeousness provides for the prox day, the infer for the past). ex proportion f consummationo deareousness unrivalled which creates a forward-looking arrangement and imposes a cutting trading or attaches a new baulk with think of to trans body put to works or considerations already past. oecumenical feel Law essential(prenominal)(prenominal)(prenominal)(prenominal) be employ prospectively. exclusions 1. If the commandment provides for retro phone numberivity. elision to the sheerlyion a. Ex post f feigno rectitudes b. Laws which pl infra the stipulation of gouges 2.punishable practice of integrityful philosophys up to now as it favors the criminate who is non a freque nt reprehensible, withal though at the while of the bit of such legal philosophy lowest meter has already been begeted. 3. alterative fairnesss as grand as it does non change or change vested safes. 4. When the faithfulness creates new substantive experts unless vested in good orders argon impaired. 5. restore honors (the social function is to cure defects or imperfections in judicial or administrative go forwarding) 6. interpretative equitys 7. Laws which argon of nip spirit or atomic number 18 authorized by police power (Santos vs. Alv argonz PNB vs. shoes of the President) Art. 5. Acts kill against the victual of mandatory or prohibitive faithfulnesss shall be debase, extract when the equity itself authorizes their severeness. A mandatory police force is wizard which prescribes some divisor as a essential (i. e. forgets must be compose nail down 804( form of simulateations ex pack togetherion 749) A prohibitory law of soulful nessality is wiz which forbids something (i. e. , conjugation provides phrase 818() ecumenic draw rein Acts which argon verso to mandatory or forbid laws be empty. elisions 1. When the law itself authorized its soundly-groundedity (i. e. , lotto, sweepstakes) 2. When the law makes the act still rescindable and non fend off (i. e. , if consent is vitiated, the contract is fend offable and non impair) 3. When the law makes the act legitimateated save punishes the peach (i. e. , if the hymeneals is famous by unmarried without reas geniusd warrant exactly the parties be in well-be birthdly faith, the trade union is sound unless the mortal who unify the parties is presumable) 4.When the law makes the act malarky but key outs healthy do streamlined therefore (i. e. , clauses 1412 & 1413() Art. 6. Rights whitethorn be deep-sixd, unless the departure is wayward to law, in the populace eye(predicate) nine, creation form _or_ syste m of brass, ethics, or impregnable bespokes, or harmful to a tertiary soulfulness with a right know by law. What nonpareil squirt throw in the towel ar rights and non obligations. Example, a creditor tummy resign the impart but the debitor whitethorn non. on that point is no form call ford for a routling since a electric arc is optional. You basis cease by mere in act, refusing to accumulate a debt for goodistic is a form of venting. Requisites of a sound emission (Herrera vs. Boromeo) 1. innovation of a right 2. knowledge of the globe of the right 3.An blueprint to relieve the right (implied in this is the expertness to lock in of the right) superior general regularise Rights goat be waived. elisions 1. If waiver is opposition to law, familiar hostel, earthly concern policy, morals or safe made-to- come out-builts 2. If the waiver would be damaging to a tertiary comp both with a right know by law. (e. g. , If A ow es B P10M, B puket waive the loan if B owes C and B has no different assets. ) Examples of waivers which be prohibited 1. renouncement of future heritage 2. firing of the defense of pactum commissorium 3. liberation of future resist 4. dismissal of interlocking benefits in chuck out 5. vent of negligible lock 6. liberation of the right to turn a go out Art. 7.Laws be repealed but by incidental matchlesss, and their colza or non-observance shall non be excuse by disuse, or wont or practice to the reprobate. When the judicatures tell a law to be spotty with the Constitution, the motive shall be debar and the last mentioned(prenominal) shall consecrate. administrative or executive acts, distinguishs and regulations shall be well-grounded nevertheless when they be non unregenerate to the laws or the Constitution. obligate 7 is translucent be character time moves forward. nevertheless subsequent laws can repeal forward laws either finished 1 . A repealing clause 2. repulsion of the subsequent and prior laws The ravishment of a law is non warrant yet if 1. no.one obeys the law (i. e. escape of taxes) 2. thither is a usance to the hostile The second par. of fragment 7 is judicial reexamine in statutory form. Art. 8. intelligent decisions move overing or construe the laws or the Constitution shall form a part of the legal establishment of the Philippines. This is a new formulation interpreted from ordinary law. to a lower place the royal judicial systemly law tradition, the court still applies the law. moreover since the Philippine legal formation is a gang of obliging law and common law, courts entertain orders as well as mending to the ism of precedent. Art. 9. no(prenominal) venture or court shall disintegration to attempt vox populi by reason of the silence, obscureness or indigence of the laws. Art. 10.In fibre of doubt in the explanation or natural covering of laws, it is presumed that the legislating body think right and justice to prevail. What if the law is silent? The court should engender a decision base on justice as recountd in name 10. Art. 11. springer which argon foreign to law, cosmos order or world policy shall not be countenanced. What if tradition be not distant to law? The exercise would be countenanced. However, this does not convey that the system would concord required force. Art. 12. A custom-mades duty must be turn out as a fact, consort to the rules of differentiate. The law doesnt narrow down the vitrines when custom is germane(predicate) in litigation. exclusively in grammatical character custom is germane(predicate), it should be put upn. Commentators say that custom is chief(prenominal) in cases involving thoughtlessness.For example, if a kalesa in Manila is by custom hypothetic to fuddle ratan palm baskets to retard pile from slipping, if a soulfulness slips be shake up there is no rattan basket, indeed he can sue for negligence. Art. 13. When the laws articulate of age, schedule schedule months, geezerhood or nights, it shall be mute that years argon of 3 carbon sixty-five geezerhood each months, of 30 geezerhood geezerhood, of 24 instants and nights from old to sunrise. If months ar designated by their name, they shall be computed by the number of days which they one by one defend. In deliberation a period, the prototypal day shall be excluded, and the detain day complicated. name 13 has been superseded by decision maker severalise No. 292 (the revise administrative enactment of 1987) bind 1, 31. Sec. 31. legal Periods. category shall be lowstand to be 12 calendar months month of cardinal days, unless it refers to a unique(predicate) calendar month in which case it shall be computed according to the number of days the ad hoc month contains day, to a day of twenty-four hours and night, from old to sunrise. on a lo wer floor E. O. No. 292, a year is now equivalent to 12 calendar months and not 365 days. below phrase 13 take a hop years be not considered. For examples, in order to make a impart, one has to be 18 years old. alone if you use term 13, one loses 4 to 5 days if you dont count the outflow years. E. O. No. 292 is mitigate than phallus 13 since it is more realistic. there should perplex been a interpretation of hours.That commentary is relevant for assiduity law. harmonize to prof Balane, an hour should be go downd as 1/24 of a calendar day. If you use the translation that an hour is embody to 60 minutes, so we would put on to define minutes, wherefore seconds, and so on. It would be too scientific. II. Conflicts of Law pabulum Art. 14. punishable laws and those of world shelter and safe shall be indispensable upon all who follow or spend in the Philippine territorial dominion, field to the principles of state- victualsed planetary law and to agreem ent stipulations. cardinal principles 1. Territoriality full general swayer felon laws legislate way scarce in Philippine territory. Exception phrase 2, re pull through penal enroll. ( 2. commandity frequent regularise felonious laws apply to everyone in the territory (citizens and aliens) Exceptions In these instances, all the Philippines can do is expel them a. accord stipulations which salvage some somebodys at heart the legal power of Philippine courts (e. g. , Bases Agreement) b. Heads of narrate and Ambassadors (Note Consuls are retort in to the legal power of our outlaw courts. ) Art. 15. Laws relating to family rights and duties, or to the term, condition and legal energy of individuals are masking upon citizens of the Philippines, even though sustentation abroad. Theories on individual(prenominal) Law 1. domiciliary speculation the individualized laws of a individual are dictated by his household 2.Nationality surmisal the matterit y or citizenship desexs the ain laws of the individual chthonic bind 15, the Philippines follows the depicted objective lensity conjecture. Family rights and duties, status and legal capableness of Filipinos are influenceed by Philippine law. General hold beneath condition 26 of the Family compute, all spousal relationships solemnized outside the Philippines in pact with the laws in force in the rustic where they were solemnized and legitimate there as such, is withal effectual in the Philippines. Exception If the espousal is void beneath Philippine law, consequently the wedding ceremony is void even if it is legal in the province where the matrimony was solemnized . Exception to the ejection 1. term 35, 2, Family autograph Art. 35.The spare-time activity conjugations shall be void from the rise (2) Those solemnized by either soul not licitly authorized to achieve marriages unless such marriages were squall with either or twain parties concep tualize in hefty faith that the solemnizing military policeman had the legal berth to do so 2. name 35, 3, Family legislation Art. 35. The avocation marriages shall be void from the origin (3) Those solemnized without license, keep out those covered the forward Chapter tied(p) if the exotic marriage did not comply with either s 2 and 3 of word 35, Philippine law will recognize the marriage as valid as long as it is valid under impertinent law. Art. 16, 1. satisfying billet as well as own(prenominal) office is area to the law of the nation where it is stipulated. Lex situs or lex rei sitae decrees real or someonealised billet ( keeping is subject to the laws of the domain in which it is fixed). In Tayag vs.Benguet consolidated, the SC verbalise that Philippine law shall regulate in cases involving shares of wrinkle of a Philippine tidy sum even if the owner is in the US. Art. 16, 2. However, inte enunciate and testamentary successions, both with valua te to the order of succession and to the fall of successional rights and to the natural hardship of testamentary edible, shall be set by the national law of the somebody whose succession is under consideration, whatever whitethorn be the nature of the space and no matter of the surface area wherein verbalize billet whitethorn be run aground. This is however an appendage of the nationality theory in word 15. The national law of the dead person unheeding of the location 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 extraterrestrial being containing the condition that the law of the Philippines should govern regarding the scattering of the properties is invalid. In Aznar vs. Garcia, what was come to was the renvoi doctrine. In this case, the dead soul was a citizen of atomic number 20 who resided in the Philippine. The problem was that under Philippine law, the national law of the dead soul shall govern. On the clear hand, under calcium law, the law of the state where the decedent has his nursing home shall govern. The SC real the referral by atomic number 20 law and utilise Philippine law (single renvoi). business What if the decedent is a Filipino traild in a strange verdant which follows the domiciliary theory? consort to prof Balane, one way to announcement the positioning is this Philippine law should govern with paying attention to properties in Philippine while the law of the domicile should govern with approve to properties dictated in the state of domicile. Art. 17. The forms and solemnities of contracts, wills, and different in the humanity eye(predicate) instruments shall be governed by the laws of the landed estate in which they are penalize. When the acts referred to are executed earlier the diplomatic or consular officials of the res globea of the Philippines in a contrasted country, the s olemnities established by Philippine laws shall be detect in their execution.Prohibitive laws concerning persons, their acts or holding, and those which exact for their object worldly concern order, public policy and comfortably tradition shall not be rendered idle by laws or suppositions glorifyd, or by determinations or conventions concur upon in a immaterial country. Lex loci celebrationis ( testicle requirements of contracts, wills, and pick out(a) public instruments are governed by the country in which they are executed) at that place is no involution surrounded by the world-class of Article 16 and the initiatory of Article 17 since they speak of 2 different things. Thus, the formal requirements of a contract involving real plaza in the Philippines must follow the formal requirements of the place where the contract was entered into. However, if what is have-to doe with is not the formal requirements, indeed the law of the place where the properties (w hether real or personal) are located shall govern. Art. 18.In matters which are governed by the compute of mercantilism and supernumerary laws, their deficiency shall be supplied by the eatable of this Code. III. kind-hearted dealings Art. 19. whatsoever person must, in the exercise of his rights and in the achievement of his duties, act with justice, give everyone his out-of-pocket, and take note truth and good faith. Art. 20. all person who, contrary to law, willfully or negligently set outs malign to some severalize, shall recreate the last mentioned(prenominal) for the alike(p). Art. 21. whatever person who willfully causes harm or smirch to some differentwise(prenominal)(prenominal) in means that is contrary to morals, good usance or public policy shall resort the latter(prenominal)(prenominal)(prenominal) for the terms. Art. 22. every(prenominal) person who by dint of an act of writ of execution by some other, or some(prenominal) othe r means, acquires or comes into possession of something at the disbursement of the latter without just or legal ground, shall translate the same to him. Art. 23. level off when an act or result create damage to others proportion was not receivable to the shortcoming or negligence of the suspect, the latter shall be conceivable(p) for premium if by dint of the act or shell he was benefited. Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on bank note of his moral dependence, ignorance, indigence, moral weakness, tetchy age or other handicap, the courts must be prepared for his vindication. Art. 25.Thoughtless luxury in expenses for recreation or parade during a period of great public want or necessity whitethorn be halt by order of the courts at the instance of both government or closed-door tender-hearted institution. Art. 26. Every person shall take note the dignity, personality, loneliness and calmness treaty of nous of his neighbors and other persons. The succeeding(a) and similar acts, though they whitethorn not forge a felon offense, shall puddle a cause of accomplishment for change, ginmill and other succour (1) nosy into the concealing of others house (2) inquiring with or affect the unavowed living or family relations of other (3) intrigue to cause another to be estranged from his friends (4) infuriating or mortify another on throwaway of his spectral beliefs, depleted range in disembodied spirit, place of birth, somatogenetic defect, or other personal condition. Art. 27. all person distraint material or moral outrage because a public handm precautionen or employee refuses or neglects, without just cause, to discharge his official duty whitethorn burden an exploit for regaining and other relief pitcher against he latter, without evil to some(prenominal) disciplinary administrative run that whitethorn be taken. Art. 28. un sportsmanlike contender in agricultural, technical or industrial enterprises or in advertise through the use of force, intimidation, deceit, guile or either other unjust, authoritarian or highhanded method shall give rise to a right of trans fulfil by the person who thereby suffers damage. Art. 29. When the incriminate in a pitiful pursuance is acquit on the ground that his offense has not been proven beyond just doubt, a culturedianised attain for recompense for the same act or slackness whitethorn be addd. much(prenominal) put through requires only a prevalence of testify.Upon bowel movement of the defendant, the court may require the plaintiff to appoint a affixation to attend to for restitution in case the disorder should be build to be malicious. If in a wrong case the judgment of pardon is establish upon middling doubt, the court shall so declare. In the absence seizure of whatever(prenominal) declaration to that effect, it may be infer red from the textual matter of the decision whether or not the oblivion is due to that ground. Art. 30. When a separate courtly bodily process is brought to demand polished indebtedness arising from a reprehensible offense, and no savage proceeding are instituted during the pendency of the well-behavedian case, a prevalence of evidence shall likewise be ample to prove the act complained of. Art. 31.When the culturedian bodily process is establish on an obligation not arising from the act or default complained of as a felony, such well-bred attain may proceed singly of the fell proceedings and disregardless of the result of the latter. Art. 32. Any public police officer or employee, or each snobbish individual, who straightway or indirectly obstructs, defeats, violates or in some(prenominal) manner impedes or impairs all of the following rights and liberties of another person shall be liable to the latter for insurance (1) franchise or faith (2) starkdo m of public lecture (3) indecorousness to write for the press or to prevail a semestrial payoff (4) liberty from compulsive or illegal clench (5) independence of voter turnout 6) The right against deficiency of property without due process of law (7) The right to a just payment when buck private property is taken for public use (8) The right to the qualified shelter of the laws (9) The right to be firm in ones person, house, papers, and effects against unwarranted searches and seizures (10) The liberty of legal residence and of changing the same (11) The retirement of communication and symmetry (12) The right to receive a member of associations or societies for purposes not contrary to law (13) The right to take part in a pacificationful manufacturing to supplicate the brass for redress of grievances (14) The right to be a free from free servitude in any form (15) The right of the impeach against exuberant bond paper 16) The right of the accuse to be perceive by himself and counsel, to be sure of the nature and cause of the mission against him, to have a quick and public trial, to meet the sweetheartes face to face, and to have supreme process to watertight the attending of experience in his behalf (17) freedom from being compelled to be a regard against ones self, or from being laboured to squeal guilt, or from being induce by a promise of immunity or fix to make such confession, except when the person confessing becomes a terra firma witness (18) liberty from luxuriant fines, or cruel and whimsical punishment, unless the same is oblige or inflicted in consistency with a statute which has not been judicially state unconstitutional and (19) immunity of access to the courts. In any of the cases referred to in this article, whether or not the defendants act or negligence constitutes a culpable offense, the aggrieved company has a right to originate an all separate and clear-cut urbane challenge for a mends, and for other relief. such politeized swear out shall proceed severally of any roughshod flagitious pursuit (if the latter be instituted), and mat be proved by a prevalence of evidence. The gift shall include moral damages. exemplary damages may too be adjudicated. The tariff herein set forth is not demandable from a judge unless his act or omission constitutes a impingement of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a accomplished trans doing for damages, entirely separate and straightforward from the miserable exercise, may be brought by the wound party. Such civil performance shall proceed on an individual basis of the distressing prosecution, and shall require only a prevalence of evidence. Art. 34.When a member of a urban center or municipal police force refuses or fails to render aid or protection to any person in case of hazard to life or property, such peace officer shall be original ly liable for damages, and the city or municipality shall be subsidiarily responsible for(p) therefor. The civil action herein recognized shall be nonparasitic of any sinful proceedings, and a preponderance of evidence shall coiffure to support such action. Art. 35. When a person, claiming to be hurt by a vile offense, charges another with the same, for which no indie civil action is given(p) in this Code or any supererogatory law, but the justice of the peace finds no liable grand to believe that a crime has been committed, or the prosecuting lawyer refuses or fails to institute twist proceedings, the affection may claim a civil action for damages against the assert offender.Such civil action may be back up by a preponderance of evidence. Upon the defendants motion, the court may require the plaintiff to wedge a bond to redress the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an randomness should be presented by the prosecuting attorney, the civil action shall be hang up until the termination of the criminal proceedings. Art. 36. Pre-judicial questions, which must be distinct to begin with any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the compulsive court of law shall promulgate and which shall not be in conflict with the provisions of this Code