Course Outline and Notes: Persons and Family Relations I. Introduction - Tolentino, Civil Code pp.

1-10 (1990 edition) II. Effect and Application of Laws - Tolentino, Civil Code pp. 11-52 (Articles 1 to 13) REPUBLIC ACT NO. 386 June 18, 1949 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws

ARTICLE 1. This Act shall be known as the Civil Code of the Philippines. (n)

ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.

ARTICLE 3. Ignorance of the law excuses no one from compliance therewith. (2)

ARTICLE 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a)

ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a)

ARTICLE 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.

When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a)

ARTICLE 8. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. (n)

ARTICLE 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6)

New Civil Code, Articles 1 to 18

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When Law Takes Effect 1) New Civil Code, Article 2 ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. 2) Revised Administrative Code (RAC) Sections 18 to 24
Executive Order No. 292 INSTITUTING THEADMINISTRATIVE CODE OF 1987 CHAPTER 5 OPERATION AND EFFECT OF LAWS Section 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided. Section 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided. Section 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be consulted. Section 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless expressly so provided. Section 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise. Section 23. Ignorance of the Law. - Ignorance of the law excuses no one from compliance therewith. CHAPTER 6 OFFICIAL GAZETTE Section 24. Contents. - There shall be published in the Official Gazette all legislative acts and resolutions

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EXECUTIVE ORDER NO. 200 June 18, 1987 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the "Civil Code of the Philippines," and all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly.

Executive Order 200, Section 2 4) 5) 6) 7) See See See See Case Case Case Case Digest: Digest: Digest: Digest: Taada vs Tuvera 136 SCRA 27 Fuentes vs Roca, GR No. 178902, April 21, 2010 Commissioner vs Hypermix, GR No. 179579, February 1, 2012 Dacudao vs Secretary, GR No. 188056, January 8, 2013

B. Ignorance of the Law 1) New Civil Code, Article 3 ARTICLE 3. Ignorance of the law excuses no one from compliance therewith. 2) See Case Digest: Kasilag vs Rodriguez 69 Phil 217 3) See Case Digest: Elegado vs Court of Appeals 173 SCRA 285 C. Retroactivity of Laws 1) New Civil Code, Article 4 ARTICLE 4. Laws shall have no retroactive effect, unless the contrary is provided. - Cf. Articles 2252 2269 (below)
REPUBLIC ACT NO. 386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES TITLE XIX Concurrence and Preference of Credits CHAPTER 3 Order of Preference of Credits Transitional Provisions

ARTICLE 2252. Changes made and new provisions and rules laid down by this Code which may prejudice or impair vested or acquired rights in accordance with the old legislation shall have no retroactive effect.

For the determination of the applicable law in cases which are not specified elsewhere in this Code, the following articles shall be observed: (Pars. 1 and 2, Transitional Provisions).

ARTICLE 2253. The Civil Code of 1889 and other previous laws shall govern rights originating, under said laws, from acts done or events which took place under their regime, even though this Code may regulate them in a different manner, or may not recognize them. But if a right should be declared for the first time in this Code, it shall be effective at once, even though the act or event which gives rise thereto may have been done or may have occurred under the prior legislation, provided said new right does not prejudice or impair
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Act No. 3815, s. 1930 AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

PRELIMINARY ARTICLE

This law shall be known as The Revised Penal Code. TITLE THREE Penalties CHAPTER ONE Penalties in General

2) Revised Penal Code, Article 22

EXECUTIVE ORDER NO. 209 THE FAMILY CODE OF THE PHILIPPINES July 6, 1987

TITLE XII FINAL PROVISIONS

3) Family Code, Article 256 4) 5) 6) 7) 8) 9) See Case Digest: Simon vs Chan, GR No. 157547 See Case Digest: Accenture vs Commissioner, GR No. 190102, July 11, 2012 See Case Digest: UP vs Dizon, GR No. 18112, August 23, 2012 See Case Digest: PERT.CPM vs Vinuya, GR No. 197528, September 5, 2012 See Case Digest: Francisco vs CA, GR No. 102330, November 25, 1998 Cf: Pesca vs Pesca, GR No. 136921, April 17, 2001

D. Mandatory or Prohibitory Laws 1) New Civil Code, Article 5 with Article 17 (par. 3) ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a)
ARTICLE 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)

2) See Case Digest: Nerwin vs PNOC, GR No. 167057, April 11, 2012 E. Waiver of Rights 1) New Civil Code, Article 6
ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a)

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REPUBLIC ACT NO. 386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES TITLE XIV Compromises and Arbitrations CHAPTER 1 Compromises

ARTICLE 2035. No compromise upon the following questions shall be valid: (1) The civil status of persons; (2) The validity of a marriage or a legal separation;

New Civil Code, Article 2035