Article 5.

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. Mandatory or Prohibitory Laws- as distinguished from those which are merely permissive. While one has to obey mandatory statutes, otherwise his acts would generally be void, the violation of directory laws does not result in invalid acts. Kinds of mandatory legislation: a. Postitive when something must be done b. Negative or prohibitory when something should not be done Exceptions: Although in general, violations of mandatory or prohibitory laws result in void acts or contracts, in some instances, the law authorizes their validity. a. When the law makes the act not void but merely voidable(valid, unless annulled) at the instance of the victim.(Marriage-vitiated-fraud-still valid, Contract-municipal council-approval governor-voidable) b. When the law makes the act valid, but subjects the wrong doer to criminal responsibility.(Widow-300 days-violated-valid as long as marriage license) c. When the law makes the act itself void, but recognizes some legal effects flowing therefrom. (brother sister marry-child illegitimate, marry before child-child legitimate conceived or born before the judgment declaring the marriage void becomes final and executory.) d. When the law itself makes certain acts valid although generally they would have been void.(Jaialai horse race lotto-law itself allows gambling on the results therein) 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. Rules for the Waiver of Rights General rule Rights may be waived Exceptions: a. When the waiver is contrary to law, public order, public policy, morals, or good customs. b. When the waiver is prejudicial to a third person with a right recognized by law.(unless of course, such waiver has been made with the consent of such third persons) Art. 6 deals with the waiver of rights, not the waiver of obligations or duties. Right

the power or privilege given to one person and as a rule demandable of another, as the right to recover a debt justly due. Denotes an interest or title in an object or property. Involves two subjects: the active subject(the person entitled) the passive subject(the person obliged to suffer the enforcement of the right) Rights may be:

Real rights(jus in re, jus in rem) enforceable against the whole world(absolute rights) Personal rights(jus in personam,jus ad rem) enforceable agains a particular individual(relative rights.)

Waiver the intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right. May be express or implied.

Requisites for a Valid Waiver a. The person waiving must be capacitated to make the wavier.(minor, insane person(non-compos mentis) is voidable. b. Waiver must be made clearly, but not necessarily express. c. The person waiving must actually have the right which he is renouncing; otherwise, he will not be renouncing anything. d. The waiver, as in the express remission of a debt owned in favor of the waiver, must comply with the formalities of a donation. e. The waiver must not be contrary to law, morals, public policy, public order, or good customs. f. The waiver must not prejudice others with a right recognized by law. Examples of Rights that cannot be renounced: a. Natural Right, such as the right to life b. Alleged rights which really do not yet exist(Future inheritance). c. Those the renunciation would infringe upon public policy: 1. Right to be heard in court cannot be renounced in advance 2. A waiver of the legal right to repurchase a homestead that had been sold if the waiver is in advance. 3. A waiver in advance of the one-month separation pay(the mesada) is contrary to public policy, but not a waiver after the right has accrued. 4. A tenant is not allowed to waive his right to the exemption provided by the Rice tenancy act. 5. A waiver of the 10-year period for suing on a written contract is contrary to public policy. 6. A stipulation requiring the recipient of a scholarship grant(before receiving said award) his right to transfer to another school, unless he refunds the equivalent for his scholarship in cash, is null and void. d. When the waiver is prejudicial to a third person with a right recognized by law.

Rights that may be renounced: a. Support in arrears b. The right granted to prepare at least two days before trial is waivable, expressly or impliedly. It can be implied from the failure to ask for sufficient time to prepare for trial. c. The right to object to testimony of a wife on information obtained because of her domestic relations with her husband with her husband. d. The right of the accused to be helped by counsel may also be waived: provided, the judge informs said accused of his right. e. The right of the accused in a criminal case to have preliminary investigation may be waived. f. The venues of actions may be waived, but not the courts jurisdiction. g. Taxpayer may waive the benefit granted by law. h. An individual who accepts the office of an executor or administrator may waive compensation therefor. i. The right to the back pay of an employee who has been dismissed without any justifiable cause may be waived by him. j. Failure to ask for vacation and sick leave privileges after a period of more than 5 years constitutes a valid waiver unless the intent of the law granting the same is clearly otherwise. 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 declared 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) Sources of Law: 1. 2. 3. 4. The Constitution Laws Presidential decrees Administrative or executive acts, orders, and regulations

How laws are repealed Laws are repealed: a. Expressly b. Impliedly

Implied repeals are not looked upon with favor. Therefore, if both statutes can stand together, there is no repeal. Rule for General and Special Laws Conflict between general and a special law, which should prevail? a. If the general law was enacted prior to the special law, the latter is considered the exception to the general law. b. If the general law was enacted after the special law, the special law remains unless: o There is an express declaration to the contrary. o Or there is a clear, necessary unreconcilable conflict. o Or unless the subsequent general law covers the whole subject and is clearly intended to replace the special law on the matter. Lapse of Laws Laws may lapse(dates of effectivity) without the necessity of any repeal as expemplified by the law granting the President Emergency Powers pr the annual appropriation of laws. Effect if the Repealing Law is itself Repealed a. When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived, unless expressly so provided. b. When a law which repeals a prior law, not expressly but by implication, is itself repealed, the repeal of the repealing law revives the prior law unless the language of the repealing statute provides otherwise. Non-Observance of the Law Disuse, custom, or practice to the contrary does not repeal a law. Executive Fiat Cannot Correct a Mistake in the Law A mistake in the law or in legislation cannot be corrected by executive fiat but by another legislation. Unconstitutional Laws, Treaties, Administrative or Executive Orders 1935 constitution: to declare 8 justices of the Supreme court out of 11. 1973 consitution: to declare Chief Justice and 14 asscociate justices. at least 10 members-treaty, executive agreement or law at least 8-all other cases

1987 constitution:to declare: en banc with the concurrence of a majority if the members who actually took part in the case and voted thereon. Supreme Court Powers: REVIEW, REVERSE, MODIFY, AFFIRM Supremacy of the Constitution-last paragraph of Art.7 asserts the supremacy of law and the Constitution over administrative or executive acts. No Collateral Attack It is well settled that the constitutionality of a law or executive order may not be collaterally attacked. They shall therefore, be deemed valid unless declared null and void by a competent cour. Some Grounds for Declaring a Law Unconstitutional a. The enactment of the law may not be within the legislative powers of the lawmaking body. b. Arbitrary methods may have been established. c. The purpose or effect violates the Constitution or its basic principles. Effect of a Law that has been Declared Unconstitutional There are instances when the operation and effects of the declaration of its unconstitutionality may be relaxed or qualified because the actual existence of the law prior to such declaration is an operative fact and may have consequences which cannot justly be ignored. No power of executive department to promulgate even by means of a treaty, rules for admission to the Practice of Law. Passing the bar examination Operative Fact Doctrine This is when a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid and must be complied with. Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Judicial Decisions are not laws, are evidence, however of that the laws means, and this is why they are part of the legal system of the Philippines. Decisions Referred to in Art. 8 only the decisions of this honorable court establish jurisprudence or doctrines in this jurisdiction. Thus the decision of subordinate courts are only persuasive in nature, and can have no mandatory effect. Court of Appeals judicial guide to the inferior courts.

1935 Constitution: no decision shall be rendered by any court of record without expressing therein clearly and distinctively the facts and the law on which it is based. 1987 Constitution:No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor. Doctrine of Stare Decisis Let it stand, et non quieta movere, adherence to precedents. States that once a case has been decided one way, then another case involving exactly the same point at issue, should be decided in the same manner. Does not and should not apply when there is a conflict between the precedent and the law.

Obliter Dicta Are opinions not necessary to the determination of the case.

How Judicial Decisions may be Abrogated? a. By a contrary ruling by the Supreme Court itself. b. By corrective legislative acts of Congress. Is there a Philippine Common Law?(BAR) Yes, a common law that supplements and amplifies our statute law. Opinions of the Secretary of Justice The Secretary of Justice is the legal adviser of the Government and his opinions override those provincial fiscals who are his subordinates. Judicial Review of Administrative Decisions Findings of fact in such decision should not be disturbed if supported by substantial evidence; but Review is justified when there has been: denial of due process mistake of law fraud collusion(conspiracy) or arbitrary action in the administrative proceeding

When Final Judgements may be changed a. A judgment void for lack of jurisdiction over the subject matter can be assailed at any time either directly or collaterally.

b. It is now well-settled in this jurisdiction that when after judgment has been rendered and the latter has become final, facts and circumstances transpire which render its execution impossible or unjust, the interested party may ask the court to modify or alter the judgment. Barangay Courts Under Sec 6 of PD 1508. No complaint, petition, action, or proceeding involving matters, within the authority of Lupon shall be filed or instituted in court unless there has been confrontation between parties.

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