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Persons and Family Relations | AY 2013-2014 Source: Rabuya Annotations Page 1 of 6

- it shall take effect after publication, with the 15-day period being
CIVIL CODE NOTES | Arts. 1-18 dispensed with
- "approval" does not mean on the day of enactment, disregarding
CHAPTER 1: completely the publication requirement
EFFECT AND APPLICATION OF LAWS
Reduction or extension of 15-day period
- any provision in the law reducing or extending the usual 15-day
Art. 1. This Act shall be known as the "Civil Code of the
period shall be valid provided it be after publication
Philippines."
Publication requirement
- pre-Tanada v. Tuvera decision:
Code: A collection of laws of the same kind; a body of legal
the SC ruled that publication in the OG is necessary only
provisions referring to a particular branch of law
in those cases where the legislation itself does not provide for its
effectivity date; that publication is determinant of the laws'
Civil Code: A collection of laws which a) regulate the private
effectivity; that when a specific date is provided, publication is no
relations of members of a civil society and b) determines their
longer necessary
respective rights and obligations, with reference to persons,
things and civil acts.
- Tanada v. Tuvera decision:
The SC ruled that ART. 2, CC does not preclude the
RA 386
publication requirement even when the law itself provides for its
- approved by congress on August 30, 1949; made effective in
date of effectivity.
August 30, 1950, on the basis of the release of the OG for
The clean object of the law is to give the general public
"circulation" and not really its "publication" (Lara v. Del Rosario)
adequate notice of the various laws which are to regulate their
conduct.
Not all civil laws are found in the Civil Code of the
Publication is the basis for the application of ART. 3 and
Philippines.
the maxim ignorantia legis non excusat.
The proviso "unless otherwise provided" only refers
Sources of the Civil Code:
to a law that has been duly published pursuant to the basic
1. Spanish Civil Code of 1889
constitutional requirements of due process.
2. codes, laws, judicial decisions, and works of other jurists in
other countries
Where to publish
3. doctrines laid down by the SC
- pre-EO 200 amending ART. 2:
4. Filipino customs and traditions
The SC ruled that the publication must be effected in the
5. Philippine statutes
OG and not in any other medium.
6. the Code Commission itself
- Pres. Aquino's EO 200 (1987):
Pursuant to this amendatory law, publication of laws
CC Composition (content):
may now either be in the OG or in a newspaper of general
- 2,270 articles; 4 books
circulation.
Book I - Persons
Book II - Property, Ownership and its Modifications
Publication in full
Book III- Different Modes of Acquiring Ownership
- all or nothing
Book IV - Obligations and Contracts
- incomplete publication would amount to no publication at all
- Book I provisions not repealed by the FC (1988)
since its purpose is to inform the public of the content of the laws
Arts. 305-310 Funerals
Arts. 356-396 Care and Education of Children; Use of
"Newspaper of general circulation"
Surnames; Absence;
- one published for the dissemination of local news and general
Arts. 407-413 Civil Register
information
- one that has a bona fide subscription list of paying subscribers
- one that is published at regular intervals
Art. 2. Laws shall take effect after 15 days following the - that there are other newspapers having larger circulation is
completion of their publication in either the Official Gazette or in unimportant
a newspaper of general circulation, unless otherwise provided.
"Laws"
- all laws, not only those of general application, for strictly
General rule: After 15 days following the completion of speaking, all laws relate to the people in general albeit there are
publication some that do not apply to them directly
Exception: When the law otherwise provides for its own EXCLUDED:
effectivity date Municipal ordinances - they are covered by the LGC
SC decisions - lawyers in practice must keep abreast
- The 15-day period may either be on the 15th day or on the 16th of decisions
day, depending on the language used by Congress INCLUDED:
16th day: "after 15 days following its publication" PDs and EOs
15th day: "15 days after its publication" - whenever they are validly delegated by the legislature
- when the law is silent, the general rule (effectivity on the 16th or directly conferred by the Constitution
day) applies Administrative rules and regulations
- only those whose purpose is to enforce or implement
"Shall take effect immediately upon approval" existing laws pursuant to a valid delegation
Reviewer Author: Maritoni B. Molina
Persons and Family Relations | AY 2013-2014 Source: Rabuya Annotations Page 2 of 6
- with the exception of those that a) merely internal and Ratio for prospectivity
b) merely interpretative (i.e. LOIs) - to make the law binding even before it has taken effect is to
Monetary Board Circulars contravene ART. 3 and to allow the arbitrary exercise of the
- those which serve as "fillers" to Central Bank Acts legislative power
- those which have "penal clause"
- with the exception of those which merely state Exceptions to the general rule:
general policies as to how the law should be construed 1. laws which themselves provide for retroactivity
2. penal laws favorable to the accused
3. procedural or remedial laws
4. curative laws
Art. 3. Ignorance of the law excuses no one from compliance
5. laws creating new substantive rights
therewith.
6. interpretative statutes
7. emergency laws
- Everyone is conclusively presumed to know the law 8. tax laws when expressly declared or is clearly the legislative
- ART. 3 is based on the constructive notice that the provisions of intent
the law are ascertainable from the public and official repository
when they are duly published 2. Penal laws favorable to the accused
- ART. 22, RPC: penal laws shall have a retroactive effect insofar
Ratio for presumption of knowledge as they favor the person guilty of a felony, who is not a habitual
- expediency and necessity delinquent (Rule No. 5, ART. 62, RPC), although at the time of
- without ART. 3, evasion of the law would be facilitated and the the publication of such laws a final sentence has been
administration of justice defeated as persons can successfully promulgated and the convict is serving the same
plead ignorance to escape the legal consequences of their acts
3. Procedural or remedial laws
ART. 3 presupposes publication (ART. 2) - ratio: no vested right may attach or arise from procedural
- without the publication requirement, there would be no basis for laws
the application of the maxim ignorantia legis non excusat "remedial statutes"
- statutes relating to remedies or modes of procedure which do
Laws covered not create a new or take away a vested right, but operate only in
- Philippine laws: civil or penal; remedial or substantitve furtherance of the remedy or confirmation of already existing right
- the article is limited to mandatory and prohibitory laws and "statutes regulating the procedure of courts"
does not include those which are merely permissive - applicable to pending and undetermined at the time of their
Foreign laws passage
- there is no conclusive presumption of knowledge of "vested right"
foreign laws - enforceable before the courts
- courts cannot take judicial notice of their existence for - those that are completely and definitely settled in a person that
they have to be alleged and proved as a fact first they are not subject to defeat or cancellation by the act of any
- ignorance thereof amounts only to a mistake of fact other private person
Doctrine of processual presumption
- if a foreign law is not properly pleaded and proved, 4. Curative laws
our courts shall presume that it is the same as our local - necessarily retroactive because they are enacted to cure
or domestic or internal law defects in a prior law or to validate legal proceedings, instruments
or acts of public authorities which would otherwise be void for
Ignorance of law v. Ignorance of fact want of conformity with existing legal requirements
- ignorance of the law shall not be excused, but ignorance of fact - they make valid that which, before the enactment of the statute
may excuse a person from the legal consequences of his conduct was invalid
- mistake as to difficult legal questions has been given the same - their purpose is to give validity to acts done that would have
effect as a mistake of fact been invalid under existing laws
e.g. ART. 526, CC EXCEPTIONS:
"... mistake upon a doubtful or difficult question of law 1) those that violate Constitutional provisions
may be the basis of good faith." 2) those that destroy vested rights of third persons
3) those that affect a judgment that is already final

Art. 4. Laws shall have no retroactive effect, unless the contrary 5. Laws creating new substantive rights
EXCEPTIONS:
is provided.
1) those that prejudices another acquired right from the
same origin
General rule:
- laws shall have prospective effect unless the contrary is Exceptions to the exceptions
expressly provided 1. ex-post facto laws
- Lex prospicit, non respicit: The law looks forward, not backward 2. those which, when retroactive effect is given, would result in
the impairment of obligation of contracts
"Retroactive law"
- one intended to affect a) transactions which occurred, or b) 1. Ex-post facto laws
rights which accrued before it became operative and - Sec. 22, ART. III, 1987 Constitution
- one which ascribes to them effects not inherent in their nature - Elements: 1) refers to criminal matters, 2) retroactive, 3)
prejudicial to the accused
Reviewer Author: Maritoni B. Molina
Persons and Family Relations | AY 2013-2014 Source: Rabuya Annotations Page 3 of 6
Patrimonial rights can generally be waived.
2. Non-impairment of obligation of contracts
- Sec. 10, ART. III, 1987 Constitution 1) Real rights
- a later law which enlarges, abridges, or in any other manner - power belonging to a person over a specific thing, without a
changes the intent of the parties to the contract necessarily passive subject individually determined against whom such right
impairs the contract itself and cannot be given retroactive effect may be personally exercised
EXCEPTION: - enforceable against the world
- valid exercises of police power by the State 2) Personal rights
- police power legislation is applicable not only to future - power belonging to a person to demand of another, as a
contracts, but equally to those already in existence definite passive subject, the fulfillment of a prestation to give,
- non-impairment clause and the vested rights clauses to do, or not to do
must yield to the legitimate exercise of State police
power which seeks to promote health, morals, peace, renunciation = relinquishment + knowledge + intent
education, good order, safety, and general welfare of
the people Requisites of a valid waver:
1. actual possession of the right to be renounced
2. capacity to make the renunciation
3. renunciation made in a clear and unequivocal manner
Art. 5. Acts executed against the provisions of prohibitory or
mandatory laws shall be void, unless the law itself authorizes
their validity.
Art. 7. Laws are repealed only by subsequent ones, and their
violation or non-compliance shall not be excused by disuse,
Mandatory laws: those that command that something be done
custom, or practice to the contrary.
Prohibitory laws: those that command that something should
not be done
When the court declares a law to be inconsistent with the
Permissive laws: those that command that what it permits to
Constitution, the former shall be void and the latter shall govern.
be done be tolerated or respected
Administrative or executive acts, orders, and regulations shall
General rule:
only be valid when they are not contrary to the laws or the
Acts executed against the provisions of mandatory or prohibitory
Constitution.
laws are void
Exceptions:
1. Express authorization of its validity from the law itself (e.g. lotto,
sweepstakes) Ways of repealing laws
2. Act is valid but the violator is punished (e.g. ART. 351, RPC 1. EXPRESS REPEAL
Premature Marriages) - that contained in a special provision of a subsequent law
3. Act is merely voidable or valid until annulled (e.g. ART. 45, FC, - to be an express repeal, the specific provision/law to be
Voidable Marriages) repealed must be identified
4. Act is nullified or voided but effects are deemed valid (ART. 36, 2. IMPLIED REPEAL
FC, Psychological Incapacity) - takes place when the provisions of the subsequent law are
incompatible with those of an earlier law and there is no express
repeal
- the statement, "all laws or parts thereof which are inconsistent
Art. 6. Rights may be waived unless the waiver is contrary to law, with this Act are hereby repealed or modified accordingly,"
public order, public policy, morals, or good customs, or however, is not an express repealing clause because it fails to
prejudicial to the third party with a right recognized by law. identify or designate the act or acts that are intended to be
repealed
Three elements of rights: - the aforementioned statement is an example of unnecessary
1. subject (persons) - only persons may be the subject of rights statement of the principle of implied repeal
a. active - one who is entitled to the demand the
enforcement of the right Implied repeals are not favored
b. passive - one who is duty-bound to suffer its - if both laws can be reasonably construed together, both will be
enforcement sustained
2. object (things or services) - every statute must be so interpreted and brought into accord
3. efficient cause - the fact that gives rise to the legal relation with other laws as to form a uniform system of jurisprudence
- hence, all doubts must be resolved against any implied repeal,
Kinds of rights: and all efforts should be exerted in order to harmonize and give
1. political rights - those referring to the participation of persons effect to all laws on the subject
in the government - the legislature is presumed to know the existing laws on the
2. civil rights - further classified into subject and not to have enacted inconsistent or conflicting
a. rights of personality - sometimes called human rights statutes
b. family rights
c. patrimonial rights Requisites of implied repeal
1) real 1. the laws must cover the same subject matter
2) personal 2. the latter must be repugnant to the earlier statute
Rights to personality and family rights are NOT subject to - repugnancy is proof of the intended repeal
waiver.

Reviewer Author: Maritoni B. Molina


Persons and Family Relations | AY 2013-2014 Source: Rabuya Annotations Page 4 of 6
General vs. Special laws - only the decisions of the SC establish jurisprudence or
doctrines in this jurisdiction
General rules: - the application or interpretation placed by the SC upon a law is
- special laws should prevail over general ones because they part of the law as of the date of its enactment since the Court's
evince legislative intent more clearly than the general ones application or interpretation merely establishes the
- a special law cannot be repealed, amended, or altered by a contemporaneous legislative intent
subsequent general law by mere implication
- while decisions of subordinate courts are only persuasive in
General law enacted PRIOR to special law: nature, this does not preclude CA decisions on points of law still
- the special law is considered the exception to the general law undecided in the Philippines from serving as guides to the inferior
- the general law remains good law, and there is no repeal, except courts
insofar as the special law is concerned
Doctrine of Stare Decicis
General law enacted AFTER special law: - when the Court has once laid down a principle of law as
- the special law remains good law UNLESS... applicable to a certain state of facts, it will adhere to that principle
1) there is an express declaration to the contrary; or and apply it to all future cases where the facts are substantially
2) there is a clear, necessary, and irreconcilable the same
conflict; or - enjoins adherence to judicial precedents
3) the subsequent general law covers the whole - only SC decisions establish jurisprudence or doctrine in this
subject and is clearly intended to replace jurisdiction
the special law on the matter
ART. 4 in relation to ART. 8
Effect of repeal of repealing law - the principle of prospectivity of statutes, original or amendatory,
The effect is dependent on whether the previous repeal was shall apply to judicial decisions, which, although in themselves
express or implied, regardless of how the repealing law itself was are not laws, are nevertheless evidence of what the law means
repealed.
1. Express repeal
- the law first repealed shall not be thereby revived unless
Art. 9. No court or judge shall decline to render judgment by
expressly so provided
reason of silence, obscurity or insufficiency of the laws.
- law #1 is REVIVED only by way of an express provision
2. Implied repeal
- the prior law shall thereby be revived, unless the repealing law - applicable to criminal prosecutions
provides otherwise - instead of declining to render judgment, the judge must dismiss
- law #1 is NOT REVIVED only by way of an express provision the criminal action on the basis of the rule nullum crimen nulla
poena sine lege
Constitution
- fundamental law of the land to which all laws must yield Application of ARTS. 10, 11, 12
- if the law is silent or is obscure or insufficient with respect to a
Power of judicial review particular controversy, the judge shall apply the custom of the
- vested in the SC under Sec. 1, ART. VIII place, and in default thereof, the general principles of law and
- it is the office and duty of the judiciary to enforce the constitution justice
- through which the SC may declare an act of the national
legislature invalid because it is in conflict with the fundamental
law of the land Art. 10. In case of doubt in the interpretation or application of
laws, it is presumed that the law-making body intended right and
Effect of the declaration of unconstitutionality
justice to prevail.
- the SC has already rejected the view that an unconstitutional act
confers no rights, imposes no duties, and affords no protection
whatsoever - ART. 10 is to be applied only in case of doubt, disregarding
- before an act is declared unconstitutional it is an "operative fact" the feeling of sympathy or pity for the accused, because dura lex
which can be the source of rights and duties sed lex
- the remedy is elsewhere:
1) clemency from the executive
2) amendment of the law by the legislative
Art. 8. Judicial decisions applying or interpreting the law or the
Constitution shall form part of the legal system of the Philippines.
- equity, defined as 'justice outside equality' is applied only in the
absence of and never against statutory law or judicial rules of
procedure
Principle of separation of powers: The judicial department has
no power to enact laws because the same is the exclusive
province of the legislative department
Art. 11. Customs which are contrary to law, public order, or public
policy shall not be countenanced.
- as evidence of what the law means, judicial decisions of the SC
only form part of the legal system but they are not laws; they do,
however, have the force of laws

Reviewer Author: Maritoni B. Molina


Persons and Family Relations | AY 2013-2014 Source: Rabuya Annotations Page 5 of 6
2. Laws of preferential application
Art. 12. Customs shall be proved as a fact according to the rules
3. Principles of public international law
of evidence.

"Customs"
Art. 15. Laws relating to family rights and duties, or to the
- rules of conduct formed by repetition of acts, uniformly observed
status, condition, and legal capacity of persons are binding
as a social rule, legally binding and obligatory
upon the citizens of the Philippines, even though living abroad.
Requisites in the application of customs (PUG-CON)
1. Plurality of acts, or various resolutions of a juridical question
raised repeatedly in life; Divorce between Filipinos is not valid
2. Uniformity, or identity of acts or various solutions to the - Philippine law does not provide absolute divorce
juridical question - a marriage between two Filipinos cannot be dissolved even by
3. General practice by the great mass of the social group divorce decreed abroad because of ART. 15 in relation to ART.
4. Continued performance of these acts for a long period of time 17
5. general conviction that the practice corresponds to a juridical
necessity or that it is Obligatory Tenchavez v. Escano
6. the practice must Not be contrary to law, morals or public On the question of the validity of the absolute divorce obtained in
order Nevada USA
- At the time the divorce decree was issued, Escano, like her
- customs are not subject to judicial notice because they must be husband, was still a Filipino citizen subject to Philippine law and
proven as a fact, according to the rules of evidence ART. 15, CC
- For Philippine Courts to recognize and give recognition or effect
to a foreign decree of absolute divorce between Filipino citizens
would be a patent violation of the declared public policy of the
Art. 13. When the law speaks of years, months, days, or nights,
state, ART. 17 (3), CC
it shall be understood that years are of 365 days each; months
- Even more, the grant of effectivity in this jurisdiction to such
of 30 days; days of 24 hours; and nights from sunset to sunrise.
divorces would give rise to an irritating and scandalous
discrimination in favor of wealthy citizens
If months are designated by their name, they shall be computed
by the number of days they respectively have. Divorces obtained by foreigners
- recognition of divorce decrees inadvertently causes possible
In computing a period, the first day shall be excluded and the last
legal consequences e.g. loss of standing to sue
day excluded.
Van Dorn v. Romillo, Jr.
- the Nevada divorce decree released the private respondent
Note: ART. 13 has been superseded by E.O. No. 292 or The from the marriage from the standards of American law, under
Revised Administrative Code of 1987 (CIR v. Primetown which divorces dissolves the marriage
Property Group, Inc., G.R. No. 162155, August 28, 2007). - pursuant to his national law, private respondent is no longer the
husband of petitioner and thus has no standing to sue in the case
Sec. 31. Legal Periods. Year shall be understood to be
below as petitioner's husband
twelve (12) calendar months; month of thirty (30) days, unless
- petitioner should not be discriminated in her own country if the
it refers to a specific calendar month in which case it shall be
ends of justice are to be served
computed according to the number of days the specific month
contains; day, to a day of twenty-four (24) hours; and night,
Legal standing of persons to sue for adultery
from sunset to sunrise. (E.O. 292 (1987), Book I)
- a foreigner spouse married to a Filipino citizen who obtains a
decree of divorce is no longer the latter's husband thereafter and
If the last day falls on a Saturday, Sunday or Legal Holiday:
thus loses the standing to sue for adultery
The effect will be dependent on whether the rule arises from a
contract or from the Rules of Court
Pilapil v. Ibay-Somera
1.Ordinary contract - the agreement of the parties prevails
- In mixed marriages involving a Filipino and a foreigner, ART. 26
because the agreement of the parties thereto has the force of law
of the FC allows the former to contract a subsequent marriage in
between them
case the divorce is validly obtained abroad by the alien spouse
2. Rules of Court / Court order / Statute - the time shall not run
capacitating him or her to remarry
until the next working day
- Without ART. 26 (2), FC, the Filipino spouse remains married to
the divorced foreign spouse
- This law, however, applies only when it is the foreign
Art. 14. Penal laws and those of public security and safety shall spouse who obtains the divorce and not otherwise
be obligatory on all who live and sojourn in the Philippine territory,
subject to the principles of public international law and to treaty Legal capacity
stipulations. - with respect to foreigners, their national law shall govern with
respect to their legal capacity, following the national principle
embodied in ART. 15
- embodiment of one of the three main characteristics of criminal
law, which is GENERALITY

Exceptions to the rule:


1. Treaty stipulations
Reviewer Author: Maritoni B. Molina
Persons and Family Relations | AY 2013-2014 Source: Rabuya Annotations Page 6 of 6
Art. 16. Real property, as well as personal property, is subject to
* The intrinsic validity of the wil of the decedent shall be
the law of the country where it is situated.
governed by his national law
However, intestate and testamentary succession, both with
respect to the order of succession, amount of successional
rights, and intrinsic validity of the testamentary provisions, shall Art. 18. In matters which are governed by the Code of
be regulated by the national law of the person whose succession Commerce and special laws, their deficiency shall be supplied
is under consideration, whatever may be the nature of the by the provisions of this Code.
property and regardless of the country wherein said property may
be found.

Lex Rei Sitae Law of the country where it is situated

Exceptions to Lex Rei Sitae ART. 16 (2)


- renders inapplicable the principle of lex rei sitae, even if real and
personal properties are involved, in the matter of intestate and
testate succession

ART. 1039, CC
- The national law of the decedent likewise governs the capacity
of the heir to succeed
- in addition to ART. 16 (2) subject matters which shall be
governed by the national law of the person whose succession is
under consideration

- any provision disregarding one's national law shall be void

Renvoi doctrine Referring back


- the problem arises when there is doubt as to whether a
reference to a foreign law is a) a reference to the internal law of
said foreign law or b) to the whole of the foreign law, including its
conflict rules
In re: Testate Estate of Edward Christensen
- The court considered the whole foreign law, including
its conflict rules
- since the conflicts rule of CA refers back the matter to
the Philipines (place of domicile), our courts have no
alternative but to accept the referring back to our
Courts

Art. 17. The forms and solemnities of wills, contracts, and other
public instruments are 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 Philippines in a foreign country, the
solemnities established by Philippine laws shall be observed.

Prohibitive laws concerning persons, their acts or property, or


those whose object are public order or public policy, shall not
be rendered ineffective by laws and judgments promulgated or
by determinations and conventions agreed upon in a foreign
country.

Lex Loci Celebrationis Law of the place of execution


- governs extrinsic validity of the forms and solemnities of
contracts, wills and other public instruments

Lex Loci Contractus Law of the contract


a. Lex Loci Voluntatis - place voluntarily agreed upon
b. Lex Loci Intentionis - place intended by the parties
expressly or impliedly
- governs the intrinsic validity of the contract

Reviewer Author: Maritoni B. Molina