PFR Midterm Reviewer FINALE

Juris Doctor – PUPCOL [1st Semester 2013 – 2014] [PFR MIDTERM REVIEWER]

Article 1 – Civil Code of the PhilippinesSource: Art. 1 Old Civil Code

Concept of Civil CodeDefinition:

- As a collection of laws which a. regulates private relations of the members of civil society, b. determining their respective rights and obligationsc. with reference to persons, things, and civil acts (2 Sherman 9)

Genesis:- Effectivity of NCC – August 30, 1950- Adopted from Civil Code of Spain enforced on December 7, 1889

- Published on November 17,1889 in Graceta de Manila- Pursuant to Royal Decree from King of Spain on July 31, 1889- Patterned on Napoleon Code which was based on:

a. Ley de Bases of Spain – May 11, 1888b. Common law of Castillasc. French Civil Code

Roxas Code Commission- Thru EO no. 48 creating new code commission to meet

1. the need for immediate revision of all existing substantive laws of the Philippines and 2. of codifying them in conformity with the

a. customs, b. traditions, and c. idiosyncrasies of the Filipino people and d. modern trends legislation and progressive principle of laws

Members of the Code Commission1. Dr. Jorge Bacobo (Chair)2. Judge Guillermo Guevarra3. Dr. Pedro Y. Ilagan4. Arturo M. Tolentino (was replaced by Dr. Carmelino Alvendia)

Works of the New Commission:- Begun codification on May 8, 1947- October 22, 1947 – 1st draft was finished- December 15, 1847 – Final draft was made, submitted in the Congress for debate and passage- June 18, 1949 – approved as RA No. 386 – An act to ordain and Institute the Civil Code of the

Philppines- August 30, 1950 – became effective following its publication in the Official Gazette. (Lara vs. Del

Rosario)

Language Used – English- Rationale – Sec. 15, Revised Administrative Code – English Text shall prevail over all any

translation, including Spanish translation- For some clarification

Sources of the NCC- The 2,270 articles is based on

1. Spanish Civil Code of 18892. Foreign laws (Argentina, England, France, Germany, Italy, Mexico, Switzerland, US (California &

Louisiana)3. Foreign judicial decisions, comments and treatise of foreign jurist4. Doctrinal decisions of the Phil. Supreme Court5. Philippine Laws such as Marriage Law (Act No. 3613), Divorce Law (Act No. 2710); Rules of

Court6. 1935 Constitution of the Philippines

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7. Report of the Code Commission8. Filipino Customs and traditions

Civil Code divided in Four Books1. Book 1 - Persons2. Book 2 – Property, Ownership and its Modification3. Book 3 – Different Modes in Acquiring Ownership4. Book 4 – Obligations and Contracts

Also added,- Preliminary Title (Art. 1-18) that treats of the general application of laws- Chapter on Human Relations (Art. 19 – 36)- Transitional Provisions (Arts. 2252 – 2269)- Repealing Clause (Art. 2270)

Civil Code VS Civil Laws- Civil Code, a collection of laws which regulates private relations of the members of civil society,

determining their respective rights and obligations with reference to persons, things, and civil acts (2 Sherman 9).

- Civil Law, consists of that mass of precepts that determine or regulate the relations…that exist between members of the society for the protection of private interests.

- Civil law is wider in concept that the Civil Code- The civil code is part of the civil law but not all civil laws are part of the civil code.

ARTICLE 2. EFFECTIVITY AND PUBLICATION OF LAWS

- Publication through Newspaper now allowed – under EO No. 200.- Newspaper of General Circulation, REQUISITES

1. Circulation is within the jurisdiction of the court2. Published at regular intervals for dissemination of local news and general information3. With bona fide subscription list of paying subscriber, and4. It is not devoted only to the interest or published for the entertainment of a particular class,

profession, trade, calling, race or religious denomination

When do laws become effective?- Depends whether or not it has provided specific date for its effectivity

a. If there’s no date, effective after 15 days following the completion of its publication in the Official Gazette or in the Newspaper of General Circulation. It means that law is effective on the 16th day. If law is voluminous, reckoning shall begin in the last day the last part of the law has been published

b. If with specific date, (like one year after its publication) it becomes effective only after the lapse of said period following its complete publication and NOT BEFORE.

c. If immediate effectivity upon approval, becomes effective only after its publication and NOT immediately after its signing by the President.

Meaning of “Unless it is Otherwise Provided”- Refers to the date of effectivity of laws NOT to the requirement of publication- No law can become effective upon approval without publication, for it will violate due process

clause of the Constitution.

Laws that Need Publication1. All statutes (including with local application and private laws)

- Published as condition for their effectivity which begins after 15 days following their publication unless a different date is fixed by the legislature

2. Central Bank Circular and Executive Orders if PUNITIVE in character 3. Administrative Orders and Regulation if its purpose is to enforce or implement existing laws

pursuant to a valid delegation

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Laws that Not Covered with Publication Condition1. Internal Instructions of Administrative Agencies2. Municipal Ordinances

Publication MUST be Complete- Must be full & complete because its purpose is to INFORM the PUBLIC of the FULL CONTENTS of

the law- Mere mention of the following does not constitute full or complete publication:

1. Number of the Law2. Title3. Supposed date of its effectivity4. Whereabouts of the law

ARTICLE 3. IGNORANTIA JURIS NON EXCUSAT

Ignorance – want or absence of knowledge

Ignorance of Law- Want of knowledge or acquaintance with the laws of the land insofar as they apply to act, relation,

duty or matter under consideration

Ignorance of Fact- Want of knowledge of fact or facts constituting or relating to the subject matter in hand

RATIONALE:- Conclusive Presumption - all is presumed to know the laws as long as the laws had been duly

promulgated (publicized)- The rule is intended to prevent evasion of the law- It is founded not only for expediency (convenience) and policy but also on necessity (inevitability)- Remove said principle and violators of rights or criminals will celebrate while doing crimes and

violations by simply claiming ignorance of the law and they will be excused from the legal consequence of their acts or excused from the nonfulfillment of their obligations.

When the Rule may be RELAXED- The principle “Ignorantia Legis Neminem Excusat” does not apply WHEN there is a mistake on a

doubtful question of law or on construction or application of law. It is ANALOGOUS TO A MISTAKE OF FACT

- Even the Justices sometimes divide upon difficult legal questions and ½ of lawyers in all controversies on legal questions are wrong, WHY should a LAYMAN be HELD ACCOUNTABLE for his honest mistake on doubtful legal issues.

Rule applies only to Domestic Laws- Foreign laws are excluded because:

1. Our courts do not generally take judicial notice of them2. Must be pleaded and proved as matters of fact

- Judicial notice- Is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of

that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted.

- Additionally, the rule applies only to mandatory and prohibitory laws (not to suppletory and permissive laws)

- Ignorance of foreign laws is a mistake of FACT.

Processual Presumption- A foreign law must be proven as a matter of fact and in the absence of any evidence, it is

presumed that the foreign law is the same as the Philippine law.

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https://en.wikipedia.org/wiki/Evidence_(law)

https://en.wikipedia.org/wiki/Law


- The party who claims the applicability of foreign law has the burden of proof otherwise, Philippine law applies.

ARTICLE 4. PROSPECTIVITY OF LAWS

GENERAL RULE:- Laws operate prospectively. Laws look at the future.

EXCEPTION:- “…UNLESS the intention to give them a retrospective effect is expressly declared or is necessarily

implied from the language used.

If in doubt, it must be resolved AGAINST retrospectivity.

Retroactivity- When law is made applicable to situations or acts already done before the passage of the said law

Retrospective Statute1. Takes away or impair vested rights acquired under existing laws2. Creates a new obligation3. Imposes new duty or4. Attaches new disability in respect to transaction or consideration already past

Constitutional Limitation on Passage of Retroactive Laws1. Section 22, Art. III, 1987 Constitution

- No ex post facto law or Bill of Attainder shall be enacted

2. Section 10, Art. III, 1987 Constitution- No law impairing the obligation of contracts shall be passed.

RATIONALE:- The rule against retrospectivity is to protect vested rights- One may lose his right previously acquired if retroactive law is subsequently passed and designed

to deprive him of those rights.- Resultingly, there will be no more stability in the effects of transactions

Statues Allowed for Retroactive Application1. Remedial Law

- Provide for the methods of enforcing rights or obtaining redress of wrong- Procedural laws may apply retroactively to pending proceeding even without explicit provision

to that effect.- Reason - There are no vested rights in rules of procedures

2. Penal Laws FAVORABLE To Accused or Convicts- Section 22, RPC – Laid down requisite:

1. Not habitual delinquent

3. Curative Law- Intended to correct errors or irregularities incurred in judicial or administrative proceedings,

acts of public officers, private deeds on contracts which otherwise would not produce their intended consequences by reason of some statutory disability or the failure to comply with some technical requirements

- Interpreting Laws – intended to clarify or interpret certain provision or provisions of an existing statue.

- However, this kind of law, to be valid, must not impair vested rights nor affect fi nal judgments.

4. Emergency Laws- Intended to meet exigencies which require immediate action. (RA 1199)

5. Laws Creating New Rights

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- Provided no vested right of the same origin is affected - Vested Right - as some right or interest in property that has become fixed and established

that it is no longer open to controversy. (Balbao v. Farrales, 51 Phil. 498).

6. Tax Laws- Liability for taxes is incidental to social existence

Rule on Prospective Application of Laws Applies to “Judge-Made Decisions”- Prospectivity principle of statutes, original or amendatory, shall apply to judicial decisions, which

although are not laws, are evidences of what law means.

ARTICLE 5. RULES ON PROHIBITORY & MANDATORY LAWS

Mandatory Provision of a Statute- The omission of which renders the proceedings to which it relates void.- Requires and not merely permit a course of action- the omission of which renders the proceeding or acts to which it relates generally illegal or void

Prohibitory laws - are those which contain positive prohibitions and are couched in the negative terms importing that

the act required shall not be done otherwise than designated (Brehm v. Republic, 9 SCRA 172). Acts committed in violation of prohibitory laws are likewise void

Four (4) Ways of Validating an ACT or CONTRACT Contrary to a Mandatory Law1. By expressly Validating the contract

Ex: Art. 41, Family Code. “A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead...”

2. By making the invalidity to depend on the will of the injured party, such as annullable or voidable contracts

3. By punishing it criminally but validating the act

Example: A widow generally must wait for 300 days before she can remarry. If she violates this and she marries again, the marriage is valid, as long as she was able to obtain a marriage license, without prejudice to her criminal liability. (Art. 351, Rev. Penal Code; See 1Manresa 64-65). Of course, had she married without the requisite marriage license, the marriage would be void under the law. (Art. 80, Civil Code).

4. By INVALIDATING the act but recognizing the legal effects as flowing in the invalid act

Example: A brother cannot marry his sister, and therefore ordinarily, any child they would have would be illegitimate; if however, they marry fi rst before having the child, the child would be legitimate if the child is conceived or born before the judgment declaring the marriage void becomes fi nal and executory. (Art. 54, Family Code).

ARTICLE 6. RULES ON WAIVING OF RIGHTS

Right- Legally enforceable claim of one person against another, that the other shall do a given act, or

shall not do a given act- the power or privilege given to one person and as a rule demandable of another (Black’s Law

Dictionary,- p. 1158)- Latin, JUS- Has the force of claim

General Classification of RightsPage 5 of 18


a. As to Clarity,1. Perfect – when the scope is clear, settled and determinate2. Imperfect – when the scope is vague and unfixed

b. As to passive object,1. In personam – one which imposes obligation on a definite person2. In rem – one which imposes obligation on a definite person or persons generally

Rights as Classified Under the Constitution1. Natural Rights

- Those which grow out of the nature of man and depend upon personality.- Plainly assured by natural law- Ex., rights to life, liberty, privacy, and good reputation

2. Civil Rights- Belong to every citizen of state or country.- Rights appertaining to a person by virtue of his citizenship in a state or community- Ex., rights of property, marriage, equal protection of laws, freedom of contract, trial by jury,

etc…

3. Political Rights- Consist in the power to participate directly or indirectly, in the establishment or administration

of government.- Ex., Rights to Suffrage, to hold public office, and right to petition.

Waiver- Meaning - The intentional or voluntary relinquishment of a known right.- Can be express or implied- not presumed but must be clearly and convincingly shown, either express stipulation or acts

admitting no other reasonable explanation

Coverage of Waiver- applicable to all rights and privileges to which a person is legally entitled

Unwaivable Rights- Waiving such rights is void and illegal- Ex., rights to live and to future support

Instances wherein Waiver of Waivable Rights is VOID:1. Contrary to laws, public order, public policy, morals and good customs2. Prejudicial to a third person with a right recognized by law.

REQUISITES OF A VALID WAIVER1. The waiving party must actually have the right he is renouncing2. He must have full capacity to make the waiver3. Waiver must be clear and unequivocal4. Must not Contrary to laws, public order, public policy, morals and good customs or Prejudicial to a

third person with a right recognized by law.5. When formalities are required

ARTICLE 7. REPEAL OF LAWS, SUPREMACY OF CONSTITUTION

How laws lose effectivity:1. By Repeal2. Self-cancelation due to lapse of period of effectivity3. Declaration of nullity due to unconstitutionality

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Kinds of Repeal1. Express

- When the repealing law provides for a provision or a repealing clause explicitly stating that a particular existing law or part are thereby repealed

2. Implied- When there is no repealing clause in the repealing law - Prior law and the subsequent law could not reconcile being substantially inconsistent with one

another

RULE WHEN THERE IS CONFLICT BET. TWO LAWS AND THERE IS NO REPEALING CLAUSE IN THE LATTER LAW:

- In case is no repealing clause in the subsequent conflicting law, reliance is made on presumption of the intention to repeal which in turn depends on whether or not by reasonable construction, the two could possibly stand together. If they could, no repeal.

- Laws of the same category, with the same subject matter, the later prevails over the prior one.

- IF general and special law, it depends on which law is PRIOR in enactment with relation to the other:

a. General Law is PRIOR [earlier] to the Special Law, the latter is merely considered as EXCEPTION to the general law. General Law remains effective subject to the exception.

Insofar as the excepted matter is concerned, the Special Law prevails

b. If the general law is LATER to in enactment, the special law prevails, except:1. There is clear, necessary and irreconcilable between the two (Manila Railroad vs. Raferty,

40 Phil. 224)2. The General law covers the whole subject (including the subject covered by the special law)

and is clearly intended to replace the special law

CONDTIONS IN REVIVAL OF A REPEALED LAW- GENERAL RULE:

In case of implied repeal, there is revival and in case of express repeal, there is no revival

- A repealed law may or may not be revived when the repealing law is itself repealed. Revival depends on the manner how the first law was repealed.

1. If the FIRST law is repealed by IMPLICATION by the second law, and the Second law is itself repealed by the third law, the first law is revived unless otherwise provided for in the third law

2. If the FIRST law is EXPRESSLY REPEALED by the second law, and the Second law is itself repealed by the third law, the first law is NOT revived unless otherwise provided for in the third law

Violation or Non-observance of laws cannot be excused by (and therefore punishable):1. Disuse2. Custom 3. Practice to the Contrary

Supremacy of the Constitution all over Laws- Constitution is the highest law of the land- Laws contrary to the constitution are void- Constant reminder to Administrative officials to discourage abuse of power

Superiority of LAWS to Administrative or Executive Acts, Orders and Regulations- Second to Constitution’s superiority are the laws.- However, Administrative or Executive Acts, Orders and Regulations are issued to enforce the laws.- Departmental regulations issued must be in accordance with the provision of the law.

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- Hence, extending or expanding the law by the regulations so promulgated are not allowed otherwise VOID

How to Attack the Constitutionality of a LAW:- Laws cannot be attacked collaterally.- Shall be deemed valid unless declared unconstitutional by a competent court.- Action may be filed by a proper party who must show that he has directly sustained or imminently

will sustain injury in the operation of the said law in question

Grounds in Declaring a Law to be Unconstitutional:1. Its purpose or effect contravenes the Constitutions2. Arbitrary method may have been established3. Enactment of the law is not within the power of the legislative body to enact

ARTICLE 8. JUDICIAL DECISIONS

Judicial Decisions:- Not laws but have effect and force like laws- Part of the Philippine legal system- Refers to Supreme Court’s decisions

Court’s Interpretation of a statute constitutes part of the laws AS OF THE DATE IT WAS ORIGINALLY ENACTED.

DECISIONS made of an Administrative Body made PRIOR (previous, before the) to the Judicial declaration of the unconstitutionality of the grant of authority to said body can have no valid effect.

JURISPRUDENCE- Doctrines formulated by the decisions of the Supreme Court- Amplify and supplement the written law

Conclusion or pronouncement of the Court of Appeals which covers a point of law still undecided in the Philippines may still serve as judicial guide to the inferior Courts

Elements when CA Decisions can be considered Jurisprudence by the Supreme Court:1. After it has been subjected to test in the crucible of analysis and revision, the Supreme Court

should find that it has merits and qualities sufficient for its consecration as a rule of jurisprudence.2. Decision of First Impression3. When the Supreme Courts take cognizance or recognition of the said decision.

Decisions of Lower Courts- Cannot be cites as authorities no matter how wise or sound it may be- No become part of Jurisprudence

Validity of Decisions- It sufficient that the decisions contain the necessary facts to warrant the conclusion

Minute Resolutions issued by the Supreme Court- Not decisions- Merely resolve that petition for review is not entertainable under the rules of court.

STARE DECISIS [ET NON QUIETA MOVERE]- Principle of adherence to precedents for reasons of stability of laws- Once a question of law has been decided in one case, any other case involving the same issues, must

be resolved in accordance with preceding decisions.- Reason: Stability of Laws

(Avoid decisions that are based on the moods and caprices of the judges)

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- LIMITATION:Precedent must be ABANDONED if:a. Is found contrary to law, orb. It has ceased to be beneficial and useful to society in light of changing conditions

KINDS OF STARE DECISIS1. Horizontal Stare Decisis – The idea that a judge is bound by (or at least should respect) decisions

of earlier judges of similar or coordinate level. Requires that high courts must follow its own precedentsTypes of Horizontal Stare Decisis

a. Constitutional stare decisis involves judicial interpretations of the Constitutionb. statutory stare decisis involves interpretations of statutes.

2. Vertical Stare Decisis - The application of the doctrine of stare decisis from a superior court to an inferior court - deals with the duty of lower courts to apply the decisions of the higher courts to cases involving the same

facts

Judgements as doctrine that should be abandoned MUST be abandoned. Court must always be right.

Citation of abandoned decisions as Authorities is UNETHICAL [Cannon 22, Code of Professional Ethics]

OBITER DICTUM- Opinion expressed by a court upon some question of law is not necessary to the decision of the case

before it.- It is a remark made or opinion expressed, by a judge that is “incidentally or collaterally, and not

directly upon the question before him…- Not binding as precedent

ARTICLE 9 – RENDERING OF DECISION BY A JUDGE OR COURT

Judge must render decision even if laws are:- Silent- Obscure or- Insufficient

Under article 9, a. judge is somehow forced to “legislate” in a loose sense orb. to fill the existing vacuum in obscure or insufficient laws

Judge MUST see to it that decision is:a. just and equitable, not contrary to law, public order, public policy, morals or good customsb. favoured to promote publicc. must be reasonable and must not lead to absurdity

LIMITATION:- Judge is not free to decide according to his whims and caprices.

GUIDELINES in Rendition of Decision (Art 9 is SILENT)- Reason: To give more freedom and elbow room for the judge to find other factors where to base

and anchor his decision

Use as Guides:1. Customs and General Principles of Laws2. Decision of foreign courts3. Opinion of known authors, experts and professors4. Applicable rules of statutory construction5. Principles formulated in analogous cases

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When Laws are clear, it must be applied without fear or favor.

Article 9 is applicable only to CIVIL CASES- Article 9 is not applicable to CRIMINAL CASES because of the basic principle, “when there is no law

condemning the act, there in crime [nullum crimen nulla poena sine lege]

ARTICLE 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)

Reason behind the Article:- So that it may tip the scales in favor of right and justice when the law is doubtful. - It will strengthen the determination of the court to avoid injustice which may apparently be

authorized by some way of interpreting the law

Interpretation of lawsa. When law is clear, it must be applied according to its unambiguous provisions.b. When there is ambiguity, construction of the law is necessary. It should be noted, however that

when there’s ambiguity, the intention of the legislative body is for right and justice to prevail; hence this intention must be upheld and should be carried out

INTERPRETATION of Doubtful Laws:- The judge should seek the help of with the prevailing principles in statutory construction to guide and

enlighten him in every now and then I arriving at what is reasonable, just and lawful.

Some Statutory Construction Principles:1. A law should be interpreted not by the letter that killeth but by the spirit that giveth life (De Castro

vs. Olondriz, 50 Phil. 725)2. When the statute is silent or ambiguous, the courts should consider the vehement urge of the

conscience3. When the reason for the law ceases, the law automatically ceases4. Strict interpretation should be applied to laws which are in derogation of natural and basic rights5. Criminal laws and Tax laws should interpreted strictly against the State6. The judge should not apply equity if equity does not serve the end of justice the judge should

apply the law strictly7. Equity follows the law. Justice is done according to law8. Equity is justice tempered with mercy. Its purpose is to soften the rigors of positive laws9. The rules of court be liberally construed in order to promote their object and to assist the parties in

obtaining just, speedy, and inexpensive determination of every action and proceeding (Rule 1. Sec. 2 Revised Rules of Court)

ARTICLE 11. CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER OR PUBLIC POLICY SHALL NOT BE COUNTENANCED [APPROVED]. (N)

CUSTOMS CANNOT SUPPLANT [REPLACE] LAWS:- Customs cannot replace laws albeit (notwithstanding) how widely observed

ARTICLE 12. A CUSTOM MUST BE PROVED AS A FACT, ACCORDING TO THE RULES OF EVIDENCE. (N)

CUSTOM - is a rule of human action (conduct) established by repeated acts, and uniformly observed or practiced

as a rule of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding (Paras)

- is a rule of conduct formed by repetition of acts, uniformly observed as a social rule, legally binding and obligatory. (Pineda)

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REQUISITES to make Custom an Obligatory Rule:1. plurality of acts / acts repeatedly done2. uniformly observed in a society as a social rule3. practice has been going for a long period of time4. community accepts it as a proper way of acting

USAGE vs CUSTOM- Usage, repetition of acts, - Custom, a law or general rule which arises from such repetition.- There may be USAGE without CUSTOM; there cannot be CUSTOM WITHOUT A USAGE ACCOMPANYING

IT.

KINDS of Customs1. General Custom – prevails throughout the country and become law of that country. Its existence is

to be determined by the court.2. Local Custom – prevails only in some certain district or locality.3. Particular Custom – affect only inhabitants of some particular district

IMPORTANCE of Customs- Served as guides and criteria if the law is obscure or is insufficient in providing clear guidelines.

GENERAL RULE: No Judicial Notice of Customs- Custom must be proved as a fact (art 12) and to do it, should be ALLEGED IN THE PLEADINGS either

by:1. Testimony of witnesses2. Documents recognizing its existence and observance for a long period of time

- EXCEPTION: court may take judicial notice of a custom if:a. There is already a rendered decision, affirmed on appeal and the decision is already final and

executory;b. It is a public knowledge

Concept of GENERAL PRINCIPLES OF LAWS (GPL)- Universal juridical standard dictated by correct reason, or- Principles of justice beyond the variability and uncertainty of facts…(Sanchez Roman)- Principles which serve as basis for positive laws for each country

In our Jurisdiction:- Law is necessarily SUPREME to General principles of law;- If there is conflict between the two, the law prevails- Reasons:

1. GPL are only unwritten rules anchored on man’s sense of justice and equity cannot stand superior to WRITTEN LAWS which are equally anchored on man’s sense of justice and equity

2. On GPL there is the great possibility of doubt, on written laws, there is a little space for doubt

ARTICLE 13. 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.

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.

Computation of Periods:1. One year – means 365 days.

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2. One month – means thirty (30) days unless the name of the month is specified, in which case the actual number of days it represent should be followed. (i.e. if January is designated, period is 31 days)

3. One day – means 24 hours4. Night – means from sunset to sunrise5. In computing a period, the first day shall be excluded, and the last day included ( method: Just add

the number of days stipulated for a period in the first date mentioned i.e. contracted on November 1 and period is 12 days, therefore contract is due on November 13.)

[If the first day is not excluded then the first day is less than 24 hours which is in conflict with the law which states that a day is consist of 24 hours]

HOW ABOUT WEEK?

A WEEK has two (2) meanings:1. When computed based with the calendar – it means seven successive days without regard to day

of the week it shall begin;2. When computed without reference to the calendar – it means beginning Sunday and ending on

Saturday. [1st day is SUNDAY & Last (7th ) day SATURDAY]- In legal matters, the FIRST MEANING is the recognized method of computation unless otherwise

agreed upon.

Calendar (Solar) Month vs. Lunar Month (not followed in legal sense)- Calendar (Solar) Month – is a month designated in the calendar without reference to the number of

days it contains. It conforms to the Gregorian calendar and these months are January, February, March, etc… composing unequal number of days.

- Lunar month – composed of 28 days.

LEGAL MONTH- Civil code cannot be construed to refer to calendar month, but to the LEGAL MONTH of 30 days

created by law.

Computation of a Period when Last day falls on a Sunday or Holiday:1. In an ordinary contract, the general rule is that an act is due even if the last day be a Sunday or a

legal holiday. Thus, a debt due on a Sunday must, in the absence of an agreement, be paid on that Sunday. [This is because obligations arising from contracts have the force of law between the contracting parties. (Art. 1159, Civil Code).].There are, of course, some exceptions, among them the maturity date of a negotiable instrument.

2. When the time refers to a period prescribed or allowed by the Rules of Court, by an order of the court, or by any other applicable statute, if the last day is a Sunday or a legal holiday, it is understood that the last day should really be the next day, provided said day is neither a Sunday nor a legal holiday.

Rule on the FILING of Pleadings

1. If the last day for submitting a pleading is today, and at 11:40 p.m. (after office hours) today it is fi led, the Supreme Court has held that it is properly fi led on time because a day consists of 24 hours. (See De Chavez v. Ocampo and Buenafe, 66Phil. 76). This presupposes that the pleading was duly received by a person authorized to do so.

2. [NOTE: The question has been asked: When is mailed petition considered fi led, from the date of mailing or from the time of actual receipt by the Court? The Supreme Court, in the case of Caltex (Phil., Inc. v. Katipunan Labor Union, L-7496, Jan. 31, 1956), held that the petition is considered fi led from the time of mailing. This is because the practice in our courts is to consider the mail as an agent of the government, so that the date of mailing has always been considered as the date of the filing of any petition, motion or paper. In Gonzalo P. Nava v. Commissioner of Internal Revenue, L-19470, Jan. 30, 1965, the Court held that while there is a presumption that a letter duly directed and mailed was received in the regular course of mail, still there are two facts that must first be proved before the presumption can be availed of: (a) the letter must

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have been properly addressed with postage prepaid, and (b) the letter must have been mailed.].

ARTICLE 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)

Article 14 refers to Penal Laws and to those of Public Security and Safety- Aliens are covered by our penal laws because they owe ALLEGIANCE [act of binding yourself

(intellectually or emotionally) to a course of action] even though TEMPORARY to our country.

- Underlines Doctrine of Territoriality [expressed in Art. 2 of RPC] – any offense committed by ANYONE within the territory of the country is an offense against the State.

- EXCEPTIONS to the Territoriality Doctrine

1. Those under principles of public international law enjoy Diplomatic Immunity from suitExamples: Head of States, Foreign Ambassadors, Diplomats provided do not travel incognito, Foreign Army

2. the presence of treaty stipulations

- Consuls do not have Immunities – CONSULS [perform administrative and notarial duties such as the issuance of passports and visas] do not necessarily enjoy diplomatic immunities mainly for the reason that they are not charged with the duty of representing their states in political matters. The main yardstick in ascertaining whether a person is a diplomat entitled to immunity is a determination of whether or not he performs duties of diplomatic nature

ARTICLE 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)

RATIONALE: - “Man’s activity is not limited and circumscribed within his nature country. His manifold dealings with

others impels him to leave his country and settle to foreign country. While laws of other countries may be varied and diverse, IT HAS BEEN DETERMINED BY GENERAL ASSENT AND COMMON AGREEMENT AMONG CIVILIZED NATIONS THAT THE LAWS RELATING TO FAMILY RIGHTS & OBLIGATIONS, STATUS, CONDITION, AND LEGAL CAPACITY OF PERSONS ACCOMPANY A PERSON EVEN IF HE MOVES TO FOREIGN COUNTRY; THAT HE IS WHOLLY BOUND TO OBSERVE THE LAWS OF HIS NATIVE LAND, BECAUSE SUCH LAWS ARE MORE SUITED TO HIS PERSONAL AFFAIRS.”

- A former Filipino can no longer by Philippine personal laws after he acquires another state’s citizenship.

- STATUS a. term use to designate circumstances affecting legal situations of a person in view of his age,

nation and his family membership. (Pineda)b. includes personal qualities and relations, more or less permanent in nature, and not ordinarily

terminable at his own will, such as his being married or not, or his being legitimate or illegitimate. (Paras)

- CONDITION – mode or state of being; state or situation; essential quality; status or rank- LEGAL CAPACITY - meaning:

1. legal power to enter binding obligations or to enjoy privileges of a legal status.2. Right to come into court

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3. The party is in the full exercise of his civil rights or has the character or representation that he claims

- SAMPLE:a. Testamentary capacity – capacity to make a legally effective willb. Contractual capacity – capacity to enter into a legally binding contract.c. Marital capacity – capacity to enter into a valid marriage

ARTICLE 16. REAL PROPERTY AS WELL AS PERSONAL PROPERTY IS SUBJECT TO THE LAW OF THE COUNTRY WHERE IT IS SITUATED.

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.(10A)

Lex Situs or Lex Rei Sitei- Property shall be governed by the LAW OF THE PLACE where the property is SITUATED.- Applies to transactions like:

o Saleo Leaseo Bartero Mortgageo Or any other form of alienation of property

- Personal Property now governed by Lex Situso Old rule – “Mobilia sequuntur personam” means Movables follow the owner.o New rule – Lex Situs, because Personal Property can now be separated to its owner.

Exception to Lex Rei Sitei (Par 2, Art. 16)- Successions – whether Intestate or Testamentary shall be governed by the NATIONAL LAW of the

Deceased:o Irrespective of the nature of property involvedo Regardless of the country wherein the property maybe found.

1. Order of succession in intestacy – settles question of preference in succession2. Amount of successional right – amounts which heirs should receive in the inheritance3. Intrinsic validity of the provision of the will – refers to the effectiveness of the disposition of the

will, i.e., preterition of an heir4. Capacity to succeed – capacity of heirs to inherit based on the national law of the deceased and

not with national law of the heirs.

- Governing Principle: Lex Nationalii

Application of Par. 2 of Art. 16- Applies only when a legal or testamentary succession has taken place in the Philippines in

accordance with Philippine Law.

Why Lex Nationalii applies in case of Succession:- The oneness and universality of the inheritance cannot be divided or broken up merely because of

the different countries where properties of the estate are situated.

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RENVOI DOCTRINE- Means “referring back”

o ELEMENTS:1. There’s a case2. our laws refers a case to another country for solution, 3. but the law of that country refers it back to our country for its determination

- types of Renvoio Remission – reference is made back to the law of the forum. Also called “single renvoi”o Transmission – reference made to a third state. Also called “double renvoi”

Lex Fori – means law of the forum.

An Alien CANNOT validly provide in his will that his properties be distributed in accordance with Philippine Laws because what law should govern is the NATIONAL LAW OF THE DECEASED OR TESTATOR. (Miciano vs. Brimo)

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 OFFI CIALS 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)

LEX LOCI CELEBRATIONIS- Matters bearing upon the execution, interpretation and validity of a contract are determined by THE

LAW OF THE PLACE WHERE THE CONTRACT IS MADE (LOCUS CONTRACTUS REGIT ACTUM)

FORMS AND SOLEMNITY OF CONTRACTS- Formality established by law to render a contract valid

WILLS- Is the document in which a person specifies what is to be done with his property upon his death

CONTRACTS- Legally binding agreement involving two or more parties that sets forth an exchange of promises of

what each party will or will not do

Article 17 speaks of EXTRINSIC VALIDITY of Contracts, Wills, and Public Instruments.

What is INRINSIC VALIDITY of Contracts, Wills, and Public Instruments?-

Rules in determining the INTRINSIC VALIDITY of Contracts:1. Law stipulated by the parties shall be applied;2. In the absence of stipulation, if parties are the same nationality, Lex Nationalii applies.3. Parties are not of the same nationality,

o Law of the place of perfection of the obligation will govern its essence and natureO Law of the place of performance shall govern its fulfilment

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4. If the above places are not specified and they cannot be deduced from the nature and circumstances of the obligation, then the law of the domicile of the passive subject shall apply

LEX LOCI CELEBRATIONIS does not apply to marriage involving Filipinos solemnized abroad if the Marriage is VOID in the Philippines

PRINCIPLE OF EXTERRITORIALITY- Acts executed before Philippine diplomatic and consular officials in their offices abroad are

considered done in the Philippines because said offices are extension of the Philippine territory.PRINCIPLE OF EXTRATERRITORIALITY- The principle recognized in criminal law whereby crimes committed on board vessels and airships of

a country, although in international waters or space, shall be triable in the courts of the said country.

ARTICLE 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)

Role of Civil Code in case of Insufficiency in the Code of Commerce and Special Laws- Civil code is SUPLLETORY.- It fills the deficiency or insufficiency of the Code of Commerce and Special Laws

Rule in case of Conflict between the Civil Code and the Special Law- General Rule:

o In case of Conflict between the Civil Code and the Special Law, the LATTER prevails.

Instances where the Code of Commerce and Special Laws are SUPPLETORY:(The Civil Code is the Principal Law)

1. In the Law of Common Carriers, the Code of Commerce supplies the deficiency (Art. 1766)2. In insolvency cases, the Insolvency Law (ACT No 1956) supplies the deficiency (Art. 2237)

HUMAN RELATIONS

CONCEPT:- Refers to

a. the rules needed to govern b. the interrelationships of human beings in a society c. for the purpose of maintaining social order.

- There is a need for regulation and control to secure a “rightful relationship between human beings and for the stability of social order. (Code Commission)

ARTICLE 19. EVERY PERSON MUST, IN THE EXERCISE OF HIS RIGHTS AND IN THE PERFORMANCE OF HIS DUTIES, ACT WITH JUSTICE, GIVE EVERYONE HIS DUE, AND OBSERVE HONESTY AND GOOD FAITH.

Principle of Abuse of Rights- make the actor liable for damages, if in so exercising his right, his purpose is to prejudice or injure

another- even if an act is not illegal, if there’s an abuse of right such as when the act is done without prudence

or good faith, the actor is liable for damages.- Absence of good faith is essential to abuse of rights

GOOD FAITH- An honest intention to abstain from taking any unconscientious advantage of another

BAD FAITH- Dishonest purpose and conscious performance of wrong

Elements of Abuse of RightsPage 16 of 18


1. There is a legal right2. Which is exercised in bad faith3. For the sole intent of prejudicing or injuring another

RATIONALE:- THE exercise of a right ends when the right disappears, and it disappears when it is abused,

especially to prejudice others.- The mask of a right without the spirit of justice which gives it life, is repugnant to modern concept of

social law.

Limitation on the Provision on Human Relations- Merely guides for human conduct in the absence of SPECIFIC legal provisions and definite contractual

provisions.

DAMNUM ABSQUE INJURIA (Damage Without Prejudice)- A person exercising only his right does no injury (que jure suo utitur nullum damnum facit)- If damages result in the exercise of a right it’s damnun absque injuria

Volenti non fit iniuria (or injuria)- (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly

places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a "voluntary assumption of risk."

ARTICLE 20. EVERY PERSON WHO, CONTRARY TO LAW, WILFULLY OR NEGLIGENTLY CAUSES DAMAGE TO ANOTHER, SHALL INDEMNIFY THE LATTER FOR THE SAME.

COVERAGE:- Cases that the law does not provide sanction , this article provides general sanction –

INDEMNIFICATION FOR DAMAGES- It covers torts based on malice

NO RIGHT IMPAIRED, NO BASIS FOR DAMAGES

ARTICLE 21. ANY PERSON WHO WILLFULLY CAUSES LOSS OR INJURY TO ANOTHER IN A MANNER THAT IS CONTRARY TO MORALS, GOOD CUSTOMS OR PUBLIC POLICY SHALL COMPENSATE THE LATTER FOR THE DAMAGE.

REASON:- There are many injurious acts that are contrary to public policy but are not forbidden by statute

which have not been foreseen by the lawmakers.

REQUISITES FOR RECOVERY OF DAMAGES- Damages are recoverable even though no positive law has been violated provided:

1. The act should have been wilfully done2. Contrary to morals, good customs or public policy

EXCEPTION ON NON-SUABILITY OF BREACH OF PROMISE TO MARRY1. No recovery of Moral Damages, Except when there is Criminal Seduction

- There must be deception, enticement, superior power or abuse of confidence on the part of the seducer to which the woman yielded

2. Actual Damages Suffered, Recoverable- Actual damaged suffered by reason of promise to marry are recoverable.

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http://en.wikipedia.org/wiki/Boxing

http://en.wikipedia.org/wiki/Common_law

http://en.wikipedia.org/wiki/Latin


- Ex., costs actually paid for the preparation of the wedding (printing of invitations, fee paid to reception area)

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