Civil Code of the Philippines,

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Civil Law
What is Civil Law? CIVIL LAW DEFINED = that branch of law that generally treats of the personal and family relations of an individual, his property and successional rights, and the effects of his obligations and contracts. Civil Law and Political Law Civil law governs the relations of a community with one another. Political law deals with the relations of the people and the government. Civil law and Civil Code Civil code is a compilation of existing civil laws, scientifically arranged into books, titles, chapters, and subheads and promulgated by legislative authority. Not all civil laws are found in the civil code, example are Presidential Decrees. PD 603, Child and Youth Welfare Code and EO 209 as amended by EO 227, The Family Code of the Philippines Republic Act No. 386 June 18, 1949 The Civil Code of the Philippines AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER I

EFFECT AND APPLICATION OF LAWS Article 1. This Act shall be known as the "Civil Code of the Philippines." (n) Books of the Civil Code 1) Book I PERSONS 2) Book II Property, Ownership and its Modifications 3) Book III Different Modes of Acquiring Ownership 4) Book IV Obligations and Contracts

Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Civil code took effect on August 30, 1950. Tanada vs. Tuvera, laws must be published in full and that it will take effect 15 days after its publication unless otherwise provided.

Art. 3. Ignorance of the law excuses no one from compliance therewith. (2) Ignorantia legis non excusat. It applies to all kinds of domestic laws, whether civil or penal, substantive or remedial. However, it only refers to Mandatory or prohibitive laws and not to permissive or suppletory laws. Ignorance of foreign law is not ignorance of the law, but ignorance of the fact because foreign laws must be alleged and proved and matters of fact.

Civil Code of the Philippines, Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) Why laws are prospective? if laws are retroactive, grave injustice would occur, for the law would punish individuals for violations of laws not yet enacted. Exception to the Prospective Effect of Laws 1) if the laws themselves provide for retroactivity. (Example, Art 256 of the Family Code provides: This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws.) 2) if the laws are remedial in nature. There are no vested right in rules or procedures. 3) If the statutes is penal in nature, provided that: a. It is favorable to the accused or to the convict. b. The accused or convict is not a habitual delinquent. 4) If the laws are of an emergency nature and are authorized by the police and the government. 5) If the law is curative. 6) If substantive right be declared for the first time, unless vested rights are impaired.

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Exceptions: in general, violation of mandatory or prohibitory laws result in void acts or contracts, in some instances, the law authorizes their validity. 1. When the law makes the act not void but merely voidable (valid, unless annulled) at the instance of the victim. (example, intimidation or fraud makes a marriage voidable.) 2. When the law makes the act valid but subjects the wrong doer to criminal responsibility. (example, if the widow does not wait for 300 days to get remarried, her marriage would be valid but she could face criminal liability for not waiting 300 days before remarriage.) 3. When the law makes the act itself void but recognizes some legal effects flowing therefrom. (example; a brother cannot marry his sister. But if they were able to marry, their children would be legitimate if the child is conceived or born before the judgment declaring the marriage void becomes final and executor.) 4. When the law itself makes certain acts valid although generally they would have been void. (example; jai-alai, lotto, horse racing.)

Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) One has to obey mandatory or prohibitory laws or their act will be void. Violation of directory laws does not result in an invalid act. Kinds of mandatory legislation 1) Positive = when something must be done. 2) Negative or prohibitory = when something should not be done.

Art. 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) Rights may be waived (general rule) Exception: 1. When the waiver is contrary to law, public order, public policy, morals, or good customs. 2. When the waiver is prejudicial to a third person with a right recognized by law. Right = the power and privilege given to one person and as a rule demandable of another. It may be:

Civil Code of the Philippines, 1. Real rights (jus in re, jus in rem) enforceable against the whole world, absolute rights. 2. Personal rights (jus in personam, jus ad rem) enforceable against a particular individual (relative rights). Waiver = the intentional or voluntary relinquishment of a know right, or such conduct as warrants an inference of the relinquishment of such right. Unwaivable rights 1. Right to live 2. Right to future support 3. Rights to personality 4. Family rights Rights that may be waived 1. Right to counsel 2. Right to remain silent 3. Right to preliminary investigation 4. Right to bail 5. Ordinary private rights Requisites for a Valid Waiver 1. The person waiving must actually have the right he is renouncing 2. The waiver must have full capacity to make the waiver. 3. The waiver must be clear and unequivocal. 4. The waiver must not be contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. 5. When formalities are required such as in the case of express donation of a debt (mandating the formalities of a donation) the formalities must be complied with.

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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)

Rule when there is conflict between two laws and there is no repealing clause: Through construction, if the two laws could stand together, then there is no repeal. (Smith Bell Co. vs. Estate of Maronilla) But if they cannot, there is an implied repeal. Lichauco v. Apostol) If both laws are the same category and they cover the same subject matter, that which is later in point of time prevails over the prior one for is the legislators latest intention on the subject matter. However, if one is general and the other is special, stress is on which law is PRIOR in enactment: 1. If the general law is PRIOR to special law, the latter (special law) is considered as merely exception to the general law. 2. If the general law is LATER in enactment, the special law prevails except: a. When there is clear, necessary and irreconcilable conflict between the two. (Compaia General vs. Collector of Customs) b. The general law covers the whole subject (including the subject matter of the special law) and is clearly intended to replace the special law. (Joaquin vs. Navarro) Revival of a Repeal Law: 1. If the first law is repealed by IMPLICATION by the second law, and the second law is repealed by the third law, the first law is revived unless otherwise provided in the third law. (US vs. Soliman)

Art. 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.

Civil Code of the Philippines, 2. If the first law is repealed EXPRESSLY by the second law, and the second law is repealed by the third law, the first law is not revived, unless expressly so provided. (Sec 14, Revised Administrative Code)

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Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n) Some basic principles in the interpretation of doubtful laws: 1. A law should be interpreted not by the letter that killeth but by the spirit that giveth life. 2. When statutes are silent or ambiguous, the courts should consider the vehement urge of the conscience. 3. When the reason for the law ceases, the law automatically ceases; 4. Strict interpretation should be applied to laws which are in derogation of natural or basic rights; 5. Criminal laws and tax laws should be interpreted strictly against the State; 6. The judge should not apply equity if equity will not serve the ends of justice. The judge should instead apply the law strictly. 7. Equity follows the law. Justice is done according to law. 8. Equity is justice tempered with mercy. Its purpose is to soften the rigors of positive laws; 9. The rules of court must be liberally construed in order to promote their object and to assist the parties n obtaining just, speedy, and inexpensive determination of every action and proceeding.

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n) Stare decisis et not quite movere = refers to the principle of adherence to precedents for reasons of stability in the law. The doctrine of stare decisis does not mean blind adherence to precedents. Thus, if a rule which has been followed as a precedent is found contrary to law, it must be abandoned. Obiter Dictum = an opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it. It is not binding as a precedent.

Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6) The judge may apply any rule he desires as long as the rule is in harmony with general interest, order, morals and public policy. 1. Customs which are not contrary to law, public order, and public policy. 2. Decisions of foreign and local courts on similar cases. 3. Opinions of highly qualified writers and professors. 4. Rules of statutory construction. 5. Principles laid down in analogous instances

Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n) Customs cannot supplant laws

Art. 12. A custom must be proved as a fact, according to the rules of evidence. (n) Custom = a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory.

Civil Code of the Philippines, Usage distinguished from custom = usage is a repetition of acts. Custom is the law or general law that arises from such repetition. There may be usage without custom, but there can never be custom without usage. Custom must be proved as fact, and to do that, it must be alledged in the pleadings. A court may take judicial notice of a custom if there is already a decision rendered by the same court recognizing the custom, specially if the decision had been affirmed on appeal and the decision is final and executory. Kinds of customs: 1. GENERAL CUSTOMS = prevails throughout the country and becomes the law of that country, and their existence is to be determined by the court. 2. LOCAL CUSTOMS= are such as prevail only in some particular district or locality, or in some city, country, or town. 3. PARTICULAR CUSTOMS= are nearly the same, being such as affect only the inhabitants of some particular place. NOTE: customs of whatever classification, if contrary to law, public order, or public policy will not be abetted or tolerated. They cannot justify what is illegal. Requisites to make a custom and obligatory rule: 1. Plurality of acts or the acts have been repeatedly done; 2. It is generally practiced by the great mass of the social group; 3. The practice has been going on for a long period of time; 4. The community accepts it as proper way of acting, such that it is considered obligatory upon all.

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days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. (7a) Legal definition of week: Seven successive days without regard to the day of the week when it shall begin. Computation of period when last day falls on a Sunday or Holiday: 1. If the act to be performed within the period is prescribed or allowed by (a) the rules of court, (b) by an order of the court, or (c) by any other applicable statute, the Sunday or Holiday will not be considered as the last day. The last day will be the next working day. 2. If the act to be performed within the period arises from contractual relationship, the act will become due notwithstanding the fact that the last day fall on a Sunday or holiday. The period is not extended. Nota bene: 1. Leap years must be counted as 366 days. 2. Date of filing of any petition, if done through the mail, is the date when the petition was mailed. 3. Regarding PUBLIC SALES or FORECLOSURES OF MORTGAGES, if the date fixed by the sheriff or notary public for the auction of sale of properties falls on a Sunday or holiday, the sale is not AUTOMATICALLY moved to the next working day. There is a need for the publication of the notice of public auction sale or foreclosure. 4. On the date fixed for a trial, if it falls on a Sunday or holiday, it is not moved to the next working day.

Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five

Civil Code of the Philippines,

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Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a) Exceptions to the rule of territoriality: 1. Those who enjoy diplomatic immunity i. Heads of states ii. Foreign ambassadors or diplomats, provided they do not travel incognito iii. Foreign army, when they are allowed to march or station therein. 2. Those who are excluded through treaty stipulations: i. Philippine-United States Military Bases Agreement of 1974. ii. This agreement was not extended when it expired in 1991. Nota bene: Consuls do not have immunity. Immunity from suit may also be granted to International Agencies: 1. SEAFDEC 2. UN 3. IRRI Extraterritorial Jurisdiction of the Philippines Art. 2 of the RPC provides that the Philippines has Jurisdiction over certain cases committed outside of its territory.

Matters relating to marriage, its annulment or nullification, its consequences, legal separation, property relations, support, adoption, filiation, recognition, succession, emancipation, parental authority are governed exclusively by Philippine Law when citizens of the Philippines are involved wherever they may be. Status Term used to designate the circumstances affecting the legal situation (sum total of capacities and incapacities) of a person in view of his age, nation and family membership (hence the term civil status). Condition Mode or state of being; state or situation; essential quality; status or rank. Legal Capacity The legal power to enter into binding obligations or to enjoy the privileges of a legal status. TESTAMENTARY capacity is the capacity to make a legally effective will. CONTRACTUAL capacity is the capacity to enter into a legally binding contract. MARITAL capacity is the capacity to enter into a valid marriage. Nota bene: a Filipino who is divorced abroad by a foreign spouse is freed from the marriage bond. (Art. 26, Family Code)

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) Family rights and duties: These refer to rights and duties provided in the Family Code and other special laws relating to family law.

Art. 16. Real property as well as personal property is subject to the law of the country where it is stipulated. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person

Civil Code of the Philippines, whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a) Lex situs or Lex Rei Sitae Principle that the property shall be governed by the law of the place where it is situated. It generally applies to lands and immovables in transactions like sale, lease, barter, mortgage or any other form of alienation of property. Exceptions to the Lex situs or lex sitae rule: (second paragraph of Art. 16) The following will be settled or determined in accordance with the nationality law (lex nationalii): 1. Order of succession in intestacy = which settles questions of preference in succession. 2. Amount of successional rights = which settles questions of amount which the heirs should received from the inheritance. Heirs may have different status like the legitimate and illegitimate and are entitled to different legitimates or rights. 3. Intrinsic validity of the provisions of the will = which refers to the effectiveness of the dispositions in the will, e.g. validity of the preterition of an heir. 4. Capacity to succeed = which refers to the capacity of heirs to inherit in accordance with the national law of the deceased and not with the national law of the heirs. Example: In one case, And English citizen died and left property in the Philippines. It was held that the order of succession and extent of successional rights in his real estate shall be determined by English law. (Phil. Property Adm. V. Woodfine) Renvoi Doctrine It literally means referring back. Where our law refers a case to another country for solution, but the law of that country refers it back to our country for determination.

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When the reference is made back to the law of the forum, that is known as remission or single renvoi, while the reference made to a third state is known as transmission or double renvoi. This doctrine is illustrated in Edward E. Christensen, et al. v. Helen Christensen Garcia.

Art. 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) Principle of Lex Loci Celebrationis Under this principle matters bearing upon the execution, interpretation and validity of a contract are determined by the law of the place where the contract is made. The formal validity of contracts, wills, and other public documents shall be determined by the law of the country where they are executed.

Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (16a) The code is supplements the special laws.