PERSONS AND FAMILY RELATIONS

I. INTRODUCTION TO LAWA. Concept of Law

1. General sense (derecho) – the science of moral rules, founded on the rational nature of man, which govern his free activity, for the realization of the individual and social end, of a nature both demandable and reciprocal

Set of obligatory rules established for the purpose of governing the relations of people in a society

2. Specific sense (ley) – juridical proposition or an aggregate of juridical propositions, promulgated and published by competent organs of the State in accordance with the Constitution

Rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit

B. Foundations of Law – regulates the relations of human beings so that harmony can be maintained in a social group, by placing restrictions on individual liberty in order to make co-existence possible. Law is founded on: ORDER, CO-EXISTENCE and LIBERTY

C. Characteristics of Law1. Rule of human conduct2. Promulgated by competent authority3. Obligatory4. Of general observance

D. Law and Morals – have a common ethical basis and come from the same source: social conscience1. Laws – have a legal sanction and can be enforced by a public authority2. Morals – more extensive; also covers man’s relationship with the

divineE. General Divisions of Law

1. Divine Law – that which is God himself is the legislator who has promulgated the law

2. Human Law – that which is promulgated by man to regulate human relationsa. General or Public Law

i. International law – that which governs the relations between nations or states, between human beings in their collective concept

ii. Constitutional law – that which governs the relations between humans as citizens of state and of a governing power

iii. Administrative law – that which governs the relations between the officials and employees of the government

iv. Criminal law – that which guarantees the coercive power of the law so that it will be obeyed

v. Religious law – that which regulates the practice of religion b. Individual or Private Law

i. Civil law – that which regulates the special relations of individuals with other individuals for purely private ends

ii. Mercantile law – that which regulates the special relations produced by commercial transactions

iii. Procedural law – that which provides for the means by which private rights may be enforced

c. Kinds of specific lawi. Mandatory – it commands that something be doneii. Prohibitory – it commands that something not be doneiii. Permissive – it commands that what it permits to be done

should be tolerated or respectediv. Absolute – obligatory v. Suppletory – leaves the individual free to act, and only when

this has not manifested itself does the law present the rule to determine the juridical fact

II. CODIFICATION OF LAWS – collection of laws of the same kind; body of legal provisions referring to a particular branch of the law

Purpose: to reduce the bulk, clear out the refuse, condense and arrange the residuum

A. History of Codification1. Codification in Modern times –2. Codification in Spain –3. Codification in the Philippines –

B. Sources of Civil Law1. Philippine Civil Code2. Spanish Civil Law3. Anglo-American Common law4. Civil and Commercial Law

THE CIVIL CODE, CHAPTER I: EFFECT AND APPLICATION OF LAWS

Art. I – This act shall be known as the Civil Code of the Philippines. Art. II – 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.

Effectivity of Laws – provisions on the NCC on the date when the laws become effective apply only when the particular statute does not provide its own date of effectivity. As such, when the statute indicates that it shall be effective upon approval, no publication is necessary for it to be effective.

Art. III – Ignorance of the law excuses no one from compliance therewith. Presumption of Knowledge of Law – Once a law has been promulgated

and has taken effect, it is the duty of everyone to know it. Otherwise, a person can plead ignorance to escape from the legal

consequences of an action. Reasons: If the laws will not be binding until they are known, social life

would be impossible because most laws cannot be enforced due to their being unknown to many. It is absurd to absolve those who are ignorant of the law and increase the obligations of those who know it. It is almost impossible to argue the contrary when a person claims to be ignorant of the law. Lawyers can be consulted before a certain action could be done.

Laws referred here are only applied in the Philippines; ignorance of foreign law does not apply in this case.

Art. IV – Laws shall have no retroactive effect, unless the contrary is provided. A retroactive law is intended to affect transactions which occurred, or

rights which accrued, before it became operative and which ascribes to them effects not inherent in their nature, in view of the law in force at the time of their occurrence

Since the obligatory force of law presupposes that it has been published and promulgated, a law that has not yet become effective cannot be as conclusively known by the people

It would be confusing for people as to which law to follow if the subsequent law repeals or is inconsistent with a prior law

Application: All statutes are understood to have prospective effect unless otherwise expressly stated

EXCEPTIONS: 1. When the law itself stipulates such provision –this is within the

powers of legislature; in case of doubt, it must be resolved against retroactivity

2. In case of remedial statutes – remedial statutes refer to the method of enforcing rights or of obtaining the redress of their invasion. The rules of the court may be changed at any time by the law to take effect at once, as long as it does not affect or change any vested rights

3. In case of curative statutes – curative statutes are those which undertake to cure errors and irregularities. Limitations: Cannot violate constitutional provisions; or destroy the vested rights of third persons; cannot affect a judgment that has been made final

4. In case of laws interpreting others – intended to clarify doubts or interpret existing laws. Interpretive laws are considered incorporated in the latter but shall not affect judicial decisions which have already become final

5. In case of laws creating new rights – if a right is declared for the first time by a new aw, it shall take effect from the time of declaration provided that prejudice another acquired right of the same origin

Art. V – Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity

Acts contrary to directory, permissive or suppletory laws are not nullified by Art V.

The violation of a mandatory or prohibitory law renders the act null and void.

It is possible to prohibit an act without destroying its validity in case it is done in spite of the prohibition. The nullity of an act may bring about harmful consequences which the law does not sanction

Exceptions:1. Where the law does not refer to an essential matter, nullity may be

more disadvantageous than validity2. The law may make the validity of the act depend upon the consent of

the party directly interested in the nullity of an such an act. E.g. annulment

3. The law may declare the nullity of an act but at the same time recognize its effects as legally existing

Art. VI – 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.

Elements of a right: subject – persons; object – things and objects ; efficient cause –fact that gave rise to the legal relation

Kinds of Rights:1. Human rights – protect human existence, integrity, and development

2. Family rights – rights of a person as a member of a family3. Patrimonial rights – tend to the economic satisfaction of men

**ONLY PATRIMONIAL RIGHTS ARE SUBJECT TO A WAIVER Waiver of a right means relinquishing it with both knowledge of its

existence and the intention to relinquish it Express waiver – Implied waiver – when the waiver is reasonably inferred based on the

acts and conduct of the party. It may also be implied from a failure or neglect to assert the right at its proper time

Reason: A person may renounce what has been established to be in his favor or benefit because he prejudices nobody; he alone is to blame

Requirements:1. He must actually have the right which he renounces2. He must have the capacity to make such renunciation3. The renunciation must be made in a clear and equivocal manner. If

no formality is required, it is tacit provided that the intent to renounce can be clearly established

Scope – Doctrine of waiver is applicable to all rights and privileges that a person is legally entitled to the person and for his sole benefit

Obligations – in general, cannot be renounced. A person may exempt himself from an obligation inherent in a right upon renunciation of such right

Art. VII – 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.

Reason – laws cease to have effect only through the will of the State. As long as the law remains in statute books, its legal force and effect subsists

Lapse of Laws – laws without any repeal, cease to have effect because they lapse on their own

Kinds of Repeal:1. Express or declared repeal – contained in a special provision of a

subsequent law2. Implied or tacit repeal – when the provisions of the subsequent law

are incompatible or inconsistent with those of an earlier law**IF THERE IS A CONFLICT BETWEEN THE OLD AND THE NEW LAW, THE RULING IS IN FAVOR OF THE NEW LAW BUT IF BOTH LAWS BY REASONABLE CONSTRUCTION CAN STAND TOGETHER, BOTH WILL BE SUSTAINED

Requisites for implied repeals:1. The laws cover the same subject matter2. The latter is opposed to the other3. The repeal of a statute cannot affect or impair any vested right,

act done, penalty accrued, or judgment already final before the repeal

Repeal of repealing law – when a law expressly repeals a prior law is itself repealed, the law first repealed shall not be revived unless expressly so provided

Art. VIII – Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.

Jurisprudence cannot be an independent source of law because that would be a invasion of legislative power

Function of Jurisprudence: 1. To fill the deficiencies of legislation and provide a rule for the facts of a given case for which neither is positive provision of the law nor established custom; 2. To adapt and adjust rigid inflexible provisions of law, rendered inadequate by time and circumstances to changing life and society

DOCTRINE OF STARE DECISIS – requires court in a country to follow the rule established in a decision of the SC therefore. It is based on the idea that once a question of law has been examined and decided, it should be deemed settled and closed to further argument. The duty of the court is to abandon any doctrine or rule found to be in violation of the law in force

Art. IX – No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

Does not apply to criminal prosecutions because when there is no law punishing an act, the case must be dismissed regardless of the act

Ignorance of the court does not warrant a dismissal of the case If the law is vague or obscure, the court should clarify following

statutory construction; only when the court has exhausted all rules in interpretation can it create a rule based on facts and with the juridical order. If the case is new in the country but old in foreign jurisprudence, the court may refer to foreign legislation

What the grants; the court cannot deny no matter how seemingly unjust the law is. If the law is clear, it must be applied

Rules suppletory to law – Although the NCC does not clearly indicate it, where there is no statute directly applicable to the point in controversy,

the custom of the place shall be applied, and in the absence thereof, the general principles of law.

Custom is defined as the juridical rule which results from a constant and continued uniform practice by the members of a social community, with respect to a particular state of facts, and observed with a conviction that it is juridically obligatory

Requisites: 1. Plurality of acts, or various resolutions of a juridical question

raised repeatedly in life2. Uniformity or identity of the acts or various solutions to the

juridical question3. General practice by the great mass of the social group4. Continued performance of these acts for a long period of time5. General conviction that the practice corresponds to a juridical

necessity or that it is obligatory6. The practice must not be contrary to law, morals or public

order In cases where both parties have different customs, the general rule is

to apply the custom of the place for the performance or consummation of the juridical act

Art. X – In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

This ONLY APPLIES in case of doubt and where all other rules of interpretation fail.

Art. XI – Customs which are contrary to law, public order or public policy shall not be countenanced.

No man or group of men can create a custom for their benefit or convenience and give it a force tantamount to that of the law

The court will not recognize the force of a custom in opposition to positive law

Art. XII – A custom must be proved as a fact, according to the rules of evidence. When the alleged custom or usage is not known to those who have the

best access to it, this ignorance is in some sense positive evidence of its non-existence

Art. XIII – When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

Week – when computed based on a calendar, it is 7 days starting from Sunday until Saturday. If it is used as a measure of duration of time and

without reference to the calendar, it means a period of 7 consecutive days beginning on the day of the week it begins

Month – period composed of 30 days Computation of time – includes the last day of the period but not the

first day This does not apply when the statute clearly expresses a fixed date.

Art. XIV – 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.

Foreigners owe local and temporary allegiance to the government where they are; they must obey its laws and may be prosecuted for violating them

The jurisdiction of the court of the Philippines is not affected by the military or special character of the person brought for trial

Exemptions under international law: 1. When the offense is committed by a foreign sovereign while in

the Philippine territory2. When the offense is committed by diplomatic representatives3. When the offense is committed in public vessel or armed vessel

of a foreign country Merchant vessels – Foreign merchant vessels do not enjoy the

extraterritorial privileges of foreign public or war vessels. Once a merchant vessel enters the port of a foreign country, it subjects itself to the laws of the latter so long as it is within its territorial waters. Such offense constitutes a breach of public order and violation of the policy established by the legislature which can be tried in Philippine court.

Exemption by Treaty – By express provisions in a treaty with a foreign country, the Philippines may agree to exempt from the operation of its penal laws certain nationals of the country with which the Philippines has a treaty with.

Art. XV – 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.

Nationality theory – private rights are not determined by his physical location but by his political allegiance

Application: purely personal relations and the status and capacity for juristic acts. All questions relating to marriage and divorce or legal separation, to conjugal partnership, to support between members of a

family, and to marital authority are governed exclusively by the law of the Philippines, when Filipinos are involved

If under the law of the State of which a party to a contract is a citizen, he is already of age at the time he enters a contract, he cannot set aside such contract on the grounds of minority, even if under the laws of the Philippines he is still a minor

Foreign adoption – It is a principle in Private international law that the status of adoption created by the law of the state having jurisdiction over it, will be given the same effect in another state as is given by the latter to the status of adoption when created by its own law.

Art. XVI – 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 whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.

Property is subject to laws of the country in which it is located (applies to real property)

Personal property – is subjected to the laws of the place where it is located

The right of the person to be respected in his possession of movable property until it is shown that he possesses it illegally.

Art. XVII – 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 determination, or conventions agreed upon by a foreign country.

Contracts – performance of contracts are regulated by the law prevailing at the place of performance

Validity of Obligations: The law designated by both parties shall be applied; if there is no stipulation on the matter, and the parties are of

the same nationality, their national law shall be applied; if not, the law of the place of perfection of the obligation shall govern.

Art. XVIII – In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.

When there is no deficiency in the special law, the provision in the Civil code cannot be applied (but this is not always the case)