Juris Doctor PUPCOL [1st Semester 2013 2014] Article 1 Civil Code of the Philippines Source: Art.

rt. 1 Old Civil Code Concept of Civil Code Definition: - As a collection of laws which a. regulates private relations of the members of civil society b. determining their respective rights and obligations c. with reference to persons things and civil acts !" Sherman #$

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%enesis: - &ffectivity of 'CC ( August )* 1#+* - Adopted from Civil Code of Spain enforced on December , 1--# - .ublished on 'ovember 1, 1--# in %raceta de /anila - .ursuant to 0oyal Decree from 1ing of Spain on 2uly )1 1--# - .atterned on 'apoleon Code which was based on: a. 3ey de 4ases of Spain ( /ay 11 1--b. Common law of Castillas c. 5rench Civil Code Roxas Code Commission - 6hru &O no. 7- creating new code commission to meet 1. the need for immediate revision of all e8isting substantive laws of the .hilippines and ". of codifying them in conformity with the a. customs b. traditions and c. idiosyncrasies of the 5ilipino people and d. modern trends legislation and progressive principle of laws /embers of the Code Commission 1. Dr. 2orge 4acobo !Chair$ ". 2udge %uillermo %uevarra ). Dr. .edro 9. :lagan 7. Arturo /. 6olentino !was replaced by Dr. Carmelino Alvendia$ ;or<s of the 'ew Commission: - 4egun codification on /ay - 1#7, - October "" 1#7, ( 1st draft was finished - December 1+ 1-7, ( 5inal draft was made submitted in the Congress for debate and passage - 2une 1- 1#7# ( approved as 0A 'o. )-= ( An act to ordain and :nstitute the Civil Code of the .hilppines - August )* 1#+* ( became effective following its publication in the Official %a>ette. !3ara vs. Del 0osario$ 3anguage ?sed ( &nglish - 0ationale ( Sec. 1+ 0evised Administrative Code ( &nglish 6e8t shall prevail over all any translation including Spanish translation - 5or some clarification Sources of the 'CC - 6he " ",* articles is based on 1. Spanish Civil Code of 1--# ". 5oreign laws !Argentina &ngland 5rance %ermany :taly /e8ico Swit>erland ?S !California @ 3ouisiana$ ). 5oreign Audicial decisions comments and treatise of foreign Aurist 7. Doctrinal decisions of the .hil. Supreme Court +. .hilippine 3aws such as /arriage 3aw !Act 'o. )=1)$ Divorce 3aw !Act 'o. ",1*$B 0ules of Court =. 1#)+ Constitution of the .hilippines ,. 0eport of the Code Commission -. 5ilipino Customs and traditions Civil Code divided in 5our 4oo<s 1. 4oo< 1 - .ersons Page 1 of 1#

Juris Doctor PUPCOL [1st Semester 2013 2014] ". ). 7. 4oo< " ( .roperty Ownership and its /odification 4oo< ) ( Different /odes in AcCuiring Ownership 4oo< 7 ( Obligations and Contracts

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Also added - .reliminary 6itle !Art. 1-1-$ that treats of the general application of laws - Chapter on Duman 0elations !Art. 1# ( )=$ - 6ransitional .rovisions !Arts. ""+" ( ""=#$ - 0epealing Clause !Art. "",*$ Civil Code ES Civil 3aws - 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 !" Sherman #$. - Civil 3aw consists of that mass of precepts that determine or regulate the relationsFthat e8ist between members of the society for the protection of private interests. - Civil law is wider in concept that the Civil Code - 6he civil code is part of the civil law but not all civil laws are part of the civil code. ARTICLE 2. EFFECTI IT! A"# P$%LICATI&" &F LA'( .ublication through 'ewspaper now allowed ( under &O 'o. "**. 'ewspaper of %eneral Circulation 0&G?:S:6&S 1. Circulation is within the Aurisdiction of the court ". .ublished at regular intervals for dissemination of local news and general information ). ;ith bona fide subscription list of paying subscriber and 7. :t is not devoted only to the interest or published for the entertainment of a particular class profession trade calling race or religious denomination

;hen do laws become effectiveH - Depends whether or not it has provided specific date for its effectivity a. :f thereIs no date effective after 1+ days following the completion of its publication in the Official %a>ette or in the 'ewspaper of %eneral Circulation. :t means that law is effective on the 1=th day. :f law is voluminous rec<oning shall begin in the last day the last part of the law has been published b. :f with specific date !li<e one year after its publication$ it becomes effective only after the lapse of said period following its complete publication and 'O6 4&5O0&. c. :f immediate effectivity upon approval becomes effective only after its publication and 'O6 immediately after its signing by the .resident. /eaning of JUnless it is Otherwise Provided - 0efers to the date of effectivity of laws 'O6 to the reCuirement of publication - 'o law can become effective upon approval without publication for it will violate due process clause of the Constitution. 3aws that 'eed .ublication 1. All statutes !including with local application and private laws$ - .ublished as condition for their effectivity which begins after 1+ days following their publication unless a different date is fi8ed by the legislature ". Central 4an< Circular and &8ecutive Orders if .?':6:E& in character ). Administrative Orders and 0egulation if its purpose is to enforce or implement e8isting laws pursuant to a valid delegation 3aws that 'ot Covered with .ublication Condition 1. :nternal :nstructions of Administrative Agencies ". /unicipal Ordinances .ublication /?S6 be Complete - /ust be full @ complete because its purpose is to :'5O0/ the .?43:C of the 5?33 CO'6&'6S of the law - /ere mention of the following does not constitute full or complete publication: 1. 'umber of the 3aw ". 6itle Page 2 of 1#

Juris Doctor PUPCOL [1st Semester 2013 2014] ). 7. Supposed date of its effectivity ;hereabouts of the law

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ARTICLE ). IGNORANTIA JURIS NON EXCUSAT :gnorance ( want or absence of <nowledge :gnorance of 3aw - ;ant of <nowledge or acCuaintance with the laws of the land insofar as they apply to act relation duty or matter under consideration :gnorance of 5act - ;ant of <nowledge of fact or facts constituting or relating to the subAect matter in hand 0A6:O'A3&: - Conclusive .resumption - all is presumed to <now the laws as long as the laws had been duly promulgated !publici>ed$ - 6he rule is intended to prevent evasion of the law - :t is founded not only for e8pediency !convenience$ and policy but also on necessity !inevitability$ - 0emove 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 e8cused from the legal conseCuence of their acts or e8cused from the nonfulfillment of their obligations. ;hen the 0ule may be 0&3AK&D - 6he principle J:gnorantia 3egis 'eminem &8cusatL does not apply ;D&' there is a mista<e on a doubtful Cuestion of law or on construction or application of law. :t is A'A3O%O?S 6O A /:S6A1& O5 5AC6 - &ven the 2ustices sometimes divide upon difficult legal Cuestions and M of lawyers in all controversies on legal Cuestions are wrong ;D9 should a 3A9/A' be D&3D ACCO?'6A43& for his honest mista<e on doubtful legal issues. 0ule applies only to Domestic 3aws - 5oreign laws are e8cluded because: 1. Our courts do not generally ta<e Audicial notice of them ". /ust be pleaded and proved as matters of fact *+dicial notice - :s 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 <nown 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$ :gnorance of foreign laws is a mista<e of 5AC6.

.rocessual .resumption - 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 .hilippine law. - 6he party who claims the applicability of foreign law has the burden of proof otherwise .hilippine law applies. ARTICLE ,. PR&(PECTI IT! &F LA'( %&'&0A3 0?3&: - 3aws operate prospectively. 3aws loo< at the future. &KC&.6:O': - JF?'3&SS the intention to give them a retrospective effect is e8pressly declared or is necessarily implied from the language used. :f in doubt it must be resolved A%A:'S6 retrospectivity. 0etroactivity - ;hen law is made applicable to situations or acts already done before the passage of the said law 0etrospective Statute Page 3 of 1#

Juris Doctor PUPCOL [1st Semester 2013 2014] 1. ". ). 7.

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6a<es away or impair vested rights acCuired under e8isting laws Creates a new obligation :mposes new duty or Attaches new disability in respect to transaction or consideration already past

Constitutional 3imitation on .assage of 0etroactive 3aws 1. Section "" Art. ::: 1#-, Constitution - 'o e8 post facto law or 4ill of Attainder shall be enacted ". Section 1* Art. ::: 1#-, Constitution - 'o law impairing the obligation of contracts shall be passed.

RATI&"ALE- 6he rule against retrospectivity is to protect vested rights - One may lose his right previously acCuired if retroactive law is subseCuently passed and designed to deprive him of those rights. - 0esultingly there will be no more stability in the effects of transactions Statues Allowed for 0etroactive Application 1. 0emedial 3aw - .rovide for the methods of enforcing rights or obtaining redress of wrong - .rocedural laws may apply retroactively to pending proceeding even without e8plicit provision to that effect. - 0eason - 6here are no vested rights in rules of procedures ". .enal 3aws 5AEO0A43& 6o Accused or Convicts - Section "" 0.C ( 3aid down reCuisite: 1. 'ot habitual delinCuent ). Curative 3aw - :ntended to correct errors or irregularities incurred in Audicial or administrative proceedings acts of public officers private deeds on contracts which otherwise would not produce their intended conseCuences by reason of some statutory disability or the failure to comply with some technical reCuirements - :nterpreting 3aws ( intended to clarify or interpret certain provision or provisions of an e8isting statue. - Dowever this <ind of law to be valid must not impair vested rights nor affect fi nal Audgments. &mergency 3aws - :ntended to meet e8igencies which reCuire immediate action. !0A 11##$ 3aws Creating 'ew 0ights - .rovided no vested right of the same origin is affected ested Ri.ht - as some right or interest in property that has become fi8ed and established that it is no longer open to controversy. (Balbao v. Farrales, 51 Phil. 498). 6a8 3aws - 3iability for ta8es is incidental to social e8istence

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R+le on Prospective Application of La/s Applies to 0*+d.e12ade #ecisions3 - .rospectivity principle of statutes original or amendatory shall apply to Audicial decisions which although are not laws are evidences of what law means. ARTICLE 4. R$LE( &" PR&5I%IT&R! 6 2A"#AT&R! LA'( /andatory .rovision of a Statute - 6he omission of which renders the proceedings to which it relates void. - 0eCuires and not merely permit a course of action - the omission of which renders the proceeding or acts to which it relates generally illegal or void .rohibitory laws - are those which contain positive prohibitions and are couched in the negative terms importing that the act reCuired shall not be done otherwise than designated !Brehm v. e!"bli# # SC0A 1,"$. Acts committed in violation of prohibitory laws are li<ewise void Page 4 of 1#

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5our !7$ ;ays of Ealidating an AC6 or CO'60AC6 Contrary to a /andatory 3aw 1. 4y e8pressly Ealidating the contract &8: Art. 71 5amily Code. JA marriage contracted by any person during subsistence of a previous marriage shall be null and void unless
before the celebration of the subseCuent 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...L

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4y ma<ing the invalidity to depend on the will of the inAured party such as annullable or voidable contracts 4y 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).

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4y :'EA3:DA6:'% the act but recogni>ing 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 e!ecutory. (Art. 54, Family Code).

ARTICLE 7. R$LE( &" 'AI I"8 &F RI85T( 0ight 3egally 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 (Blacks Law Dictionary, p. 1158) 3atin 2?S Das the force of claim

%eneral Classification of 0ights a. As to Clarity 1. .erfect ( when the scope is clear settled and determinate ". :mperfect ( when the scope is vague and unfi8ed b. As to passive obAect 1. :n personam ( one which imposes obligation on a definite person ". :n rem ( one which imposes obligation on a definite person or persons generally

0ights as Classified ?nder the Constitution 1. 'atural 0ights - 6hose which grow out of the nature of man and depend upon personality. - .lainly assured by natural law - &8. rights to life liberty privacy and good reputation ". Civil 0ights - 4elong to every citi>en of state or country. - 0ights appertaining to a person by virtue of his citi>enship in a state or community - &8. rights of property marriage eCual protection of laws freedom of contract trial by Aury etcF .olitical 0ights - Consist in the power to participate directly or indirectly in the establishment or administration of government. - &8. 0ights to Suffrage to hold public office and right to petition.

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;aiver - /eaning - 6he intentional or voluntary relinCuishment of a <nown right. - Can be e8press or implied Page $ of 1#

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not presumed but must be clearly and convincingly shown either e8press stipulation or acts admitting no other reasonable e8planation

Coverage of ;aiver - applicable to all rights and privileges to which a person is legally entitled ?nwaivable 0ights - ;aiving such rights is void and illegal - &8. rights to live and to future support :nstances wherein ;aiver of ;aivable 0ights is EO:D: 1. Contrary to laws public order public policy morals and good customs ". .reAudicial to a third person with a right recogni>ed by law. 0&G?:S:6&S O5 A EA3:D ;A:E&0 1. 6he waiving party must actually have the right he is renouncing ". De must have full capacity to ma<e the waiver ). ;aiver must be clear and uneCuivocal 7. /ust not Contrary to laws public order public policy morals and good customs or .reAudicial to a third person with a right recogni>ed by law. +. ;hen formalities are reCuired

ARTICLE 9. REPEAL &F LA'(: ($PRE2AC! &F C&"(TIT$TI&" Dow laws lose effectivity: 1. 4y 0epeal ". Self-cancelation due to lapse of period of effectivity ). Declaration of nullity due to unconstitutionality 1inds of 0epeal 1. &8press - ;hen the repealing law provides for a provision or a repealing clause e8plicitly stating that a particular e8isting law or part are thereby repealed ". :mplied - ;hen there is no repealing clause in the repealing law - .rior law and the subseCuent law could not reconcile being substantially inconsistent with one another 0?3& ;D&' 6D&0& :S CO'53:C6 4&6. 6;O 3A;S A'D 6D&0& :S 'O 0&.&A3:'% C3A?S& :' 6D& 3A66&0 3A;: - :n case is no repealing clause in the subseCuent 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. :f they could no repeal. - 3aws of the same category with the same subAect matter the later prevails over the prior one. :5 general and special law it depends on which law is .0:O0 in enactment with relation to the other: a. %eneral 3aw is .0:O0 NearlierO to the Special 3aw the latter is merely considered as &KC&.6:O' to the general law. %eneral 3aw remains effective subAect to the e8ception. :nsofar as the e8cepted matter is concerned the Special 3aw prevails b. :f the general law is 3A6&0 to in enactment the special law prevails e8cept: 1. 6here is clear necessary and irreconcilable between the two !/anila 0ailroad vs. 0aferty 7* .hil. ""7$ ". 6he %eneral law covers the whole subAect !including the subAect covered by the special law$ and is clearly intended to replace the special law

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:n case of implied repeal there is revival and in case of e8press repeal there is no revival A repealed law may or may not be revived when the repealing law is itself repealed. 0evival depends on the manner how the first law was repealed. 1. ". :f the 5:0S6 law is repealed by :/.3:CA6:O' 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 :f the 5:0S6 law is &K.0&SS39 0&.&A3&D by the second law and the Second law is itself repealed by the third law the first law is 'O6 revived unless otherwise provided for in the third law

Eiolation or 'on-observance of laws cannot be e8cused by !and therefore punishable$: 1. Disuse ". Custom ). .ractice to the Contrary (+premac; of the Constit+tion all over La/s - Constitution is the highest law of the land - 3aws contrary to the constitution are void - Constant reminder to Administrative officials to discourage abuse of power Superiority of 3A;S to Administrative or &8ecutive Acts Orders and 0egulations - Second to ConstitutionIs superiority are the laws. - Dowever Administrative or &8ecutive Acts Orders and 0egulations are issued to enforce the laws. - Departmental regulations issued must be in accordance with the provision of the law. - Dence e8tending or e8panding the law by the regulations so promulgated are not allowed otherwise EO:D Dow to Attac< the Constitutionality of a 3A;: - 3aws cannot be attac<ed collaterally. - Shall be deemed valid unless declared unconstitutional by a competent court. - Action may be filed by a proper party who must show that he has directly sustained or imminently will sustain inAury in the operation of the said law in Cuestion %rounds in Declaring a 3aw to be ?nconstitutional: 1. :ts purpose or effect contravenes the Constitutions ". Arbitrary method may have been established ). &nactment of the law is not within the power of the legislative body to enact ARTICLE <. *$#ICIAL #ECI(I&"( 2udicial Decisions: - 'ot laws but have effect and force li<e laws - .art of the .hilippine legal system - 0efers to Supreme CourtIs decisions CourtIs :nterpretation of a statute constitutes part of the laws A( &F T5E #ATE IT 'A( &RI8I"ALL! E"ACTE#. D&C:S:O'S made of an Administrative 4ody made .0:O0 !previous before the$ to the 2udicial declaration of the unconstitutionality of the grant of authority to said body can have no valid effect. 2?0:S.0?D&'C& - 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 .hilippines may still serve as $"di#ial %"ide to the inferior Courts &lements when CA Decisions can be considered 2urisprudence by the Supreme Court: Page % of 1#

Juris Doctor PUPCOL [1st Semester 2013 2014] 1. ". ).

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After it has been subAected to test in the crucible of analysis and revision the Supreme Court should find that it has merits and Cualities sufficient for its consecration as a rule of Aurisprudence. Decision of 5irst :mpression ;hen the Supreme Courts ta<e cogni>ance or recognition of the said decision.

Decisions of 3ower Courts - Cannot be cites as authorities no matter how wise or sound it may be - 'o become part of 2urisprudence Ealidity of Decisions - :t sufficient that the decisions contain the necessary facts to warrant the conclusion /inute 0esolutions issued by the Supreme Court - 'ot decisions - /erely resolve that petition for review is not entertainable under the rules of court. S6A0& D&C:S:S N&6 'O' G?:&6A /OE&0&O - .rinciple of adherence to precedents for reasons of stability of laws - Once a Cuestion of law has been decided in one case any other case involving the same issues must be resolved in accordance with preceding decisions. - 0eason: Stability of 3aws !Avoid decisions that are based on the moods and caprices of the Audges$ 3:/:6A6:O': .recedent must be A4A'DO'&D if: a. :s found contrary to law or b. :t has ceased to be beneficial and useful to society in light of changing conditions

1:'DS O5 S6A0& D&C:S:S 1. Dori>ontal Stare Decisis ( 6he idea that a Audge is bound by !or at least should respect$ decisions of earlier Audges of similar or coordinate level. 0eCuires that high courts must follow its own precedents
6ypes of Dori>ontal Stare Decisis a. b. Constit+tional stare decisis involves Audicial interpretations of the Constitution stat+tor; stare decisis involves interpretations of statutes.

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Eertical Stare Decisis - 6he 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

2udgements as doctrine that should be abandoned /?S6 be abandoned. Court must always be right. Citation of abandoned decisions as Authorities is ?'&6D:CA3 NCannon "" Code of .rofessional &thicsO O4:6&0 D:C6?/ - Opinion e8pressed by a court upon some Cuestion of law is not necessary to the decision of the case before it. - :t is a remar< made or opinion e8pressed by a Audge that is Jincidentally or collaterally and not directly upon the Cuestion before himF - 'ot binding as precedent ARTICLE = RE"#ERI"8 &F #ECI(I&" %! A *$#8E &R C&$RT 2udge must render decision even if laws are: - Silent - Obscure or - :nsufficient ?nder article # a. Audge is somehow forced to 0le.islate3 in a loose sense or b. to fill the e8isting vacuum in obscure or insufficient laws Page & of 1#

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2udge /?S6 see to it that decision is: a. Aust and eCuitable not contrary to law public order public policy morals or good customs b. favoured to promote public c. must be reasonable and must not lead to absurdity 3:/:6A6:O': - 2udge is not free to decide according to his whims and caprices. %?:D&3:'&S in 0endition of Decision !Art # is S:3&'6$ - 0eason: 6o give more freedom and elbow room for the Audge to find other factors where to base and anchor his decision ?se as %uides: 1. Customs and %eneral .rinciples of 3aws ". Decision of foreign courts ). Opinion of <nown authors e8perts and professors 7. Applicable rules of statutory construction +. .rinciples formulated in analogous cases ;hen 3aws are clear it must be applied without fear or favor. Article # is applicable only to C:E:3 CAS&S - Article # is not applicable to C0:/:'A3 CAS&S because of the basic principle Jwhen there is no law condemning the act there in crime Nnullum crimen nulla poena sine legeO ARTICLE 1>. I" CA(E &F #&$%T I" T5E I"TERPRETATI&" &R APPLICATI&" &F LA'(: IT I( PRE($2E# T5AT T5E LA'2A?I"8 %&#! I"TE"#E# RI85T A"# *$(TICE T& PRE AIL. @"A Reason Behind the Article- So that it may tip the scales in favor of right and Austice when the law is doubtful. - :t will strengthen the determination of the court to avoid inAustice which may apparently be authori>ed by some way of interpreting the law :nterpretation of laws a. ;hen law is clear it must be applied according to its unambiguous provisions. b. ;hen there is ambiguity construction of the law is necessary. :t should be noted however that when thereIs ambiguity the intention of the legislative body is for right and Austice to prevailB hence this intention must be upheld and should be carried out :'6&0.0&6A6:O' of Doubtful 3aws: - 6he Audge should see< the help of with the prevailing principles in statutory construction to guide and enlighten him in every now and then : arriving at what is reasonable Aust and lawful. Some Statutory Construction .rinciples: 1. A law should be interpreted not by the letter that <illeth but by the spirit that giveth life !De Castro vs. Olondri> +* .hil. ,"+$ ". ;hen the statute is silent or ambiguous the courts should consider the vehement urge of the conscience ). ;hen the reason for the law ceases the law automatically ceases 7. Strict interpretation should be applied to laws which are in derogation of natural and basic rights +. Criminal laws and 6a8 laws should interpreted strictly against the State =. 6he Audge should not apply eCuity if eCuity does not serve the end of Austice the Audge should apply the law strictly ,. &Cuity follows the law. 2ustice is done according to law -. &Cuity is Austice tempered with mercy. :ts purpose is to soften the rigors of positive laws #. 6he rules of court be liberally construed in order to promote their obAect and to assist the parties in obtaining Aust speedy and ine8pensive determination of every action and proceeding !0ule 1. Sec. " 0evised 0ules of Court$ ARTICLE 11. C$(T&2( '5IC5 ARE C&"TRAR! T& LA': P$%LIC &R#ER &R P$%LIC P&LIC! (5ALL "&T %E C&$"TE"A"CE# CAPPR& E#D. @"A Page ' of 1#

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C?S6O/S CA''O6 S?..3A'6 N0&.3AC&O 3A;S: - Customs cannot replace laws albeit !notwithstanding$ how widely observed ARTICLE 12. A C$(T&2 2$(T %E PR& E# A( A FACT: ACC&R#I"8 T& T5E R$LE( &F E I#E"CE. @"A C?S6O/ - is a rule of human action !conduct$ established by repeated acts and uniformly observed or practiced as a rule of society thru the implicit approval of the lawma<ers and which is therefore generally obligatory and legally binding !.aras$ is a rule of conduct formed by repetition of acts uniformly observed as a social rule legally binding and obligatory. !.ineda$

0&G?:S:6&S to ma<e Custom an Obligatory 0ule: 1. plurality of acts P acts repeatedly done ". uniformly observed in a society as a social rule ). practice has been going for a long period of time 7. community accepts it as a proper way of acting ?SA%& vs C?S6O/ - ?sage repetition of acts - Custom a law or general rule which arises from such repetition. - 6here may be ?SA%& without C?S6O/B there cannot be C?S6O/ ;:6DO?6 A ?SA%& ACCO/.A'9:'% :6. 1:'DS of Customs 1. %eneral Custom ( prevails throughout the country and become law of that country. :ts e8istence is to be determined by the court. ". 3ocal Custom ( prevails only in some certain district or locality. ). .articular Custom ( affect only inhabitants of some particular district :/.O06A'C& of Customs - Served as guides and criteria if the law is obscure or is insufficient in providing clear guidelines. %&'&0A3 0?3&: "o *+dicial "otice of C+stoms - Custom must be proved as a fact !art 1"$ and to do it should be A33&%&D :' 6D& .3&AD:'%S either by: 1. 6estimony of witnesses ". Documents recogni>ing its e8istence and observance for a long period of time &KC&.6:O': court may ta<e Audicial notice of a custom if: a. 6here is already a rendered decision affirmed on appeal and the decision is already final and e8ecutoryB b. :t is a public <nowledge

Concept of %&'&0A3 .0:'C:.3&S O5 3A;S !%.3$ - ?niversal Auridical standard dictated by correct reason or - .rinciples of Austice beyond the variability and uncertainty of factsF!Sanche> 0oman$ - .rinciples which serve as basis for positive laws for each country :n our 2urisdiction: - 3aw is necessarily S?.0&/& to %eneral principles of lawB - :f there is conflict between the two the law prevails - 0easons: 1. %.3 are only unwritten rules anchored on manIs sense of Austice and eCuity cannot stand superior to ;0:66&' 3A;S which are eCually anchored on manIs sense of Austice and eCuity ". On %.3 there is the great possibility of doubt on written laws there is a little space for doubt

ARTICLE 1). '5E" T5E LA'( (PEA? &F !EAR(: 2&"T5(: #A!( &R "I85T(: IT (5ALL %E $"#ER(T&&# T5AT !EAR( ARE &F T5REE 5$"#RE# (IET!1FI E #A!( EAC5F 2&"T5(: &F T5IRT! #A!(F #A!(: &F T'E"T!1F&$R 5&$R(F A"# "I85T( FR&2 ($"(ET T& ($"RI(E.

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IF 2&"T5( ARE #E(I8"ATE# %! T5EIR "A2E: T5E! (5ALL %E C&2P$TE# %! T5E "$2%ER &F #A!( '5IC5 T5E! RE(PECTI EL! 5A E. I" C&2P$TI"8 A PERI&#: T5E FIR(T #A! (5ALL %E EECL$#E#: A"# T5E LA(T #A! I"CL$#E#. Computation of .eriods: 1. One year ( means )=+ days. ". One month ( means thirty !)*$ 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 2anuary is designated period is )1 days$ ). One day ( means "7 hours 7. 'ight ( means from sunset to sunrise +. :n computing a period the first day shall be e8cluded and the last day included ! method: 2ust add the number of days stipulated for a period in the first date mentioned i.e. contracted on 'ovember 1 and period is 1" days therefore contract is due on 'ovember 1).$ N:f the first day is not e8cluded then the first day is less than "7 hours which is in conflict with the law which states that a day is consist of "7 hoursO DO; A4O?6 ;&&1H A ;&&1 has two !"$ meanings: 1. ;hen computed based with the calendar ( it means seven successive days without regard to day of the wee< it shall beginB ". ;hen computed without reference to the calendar ( it means beginning Sunday and ending on Saturday. N1st day is S?'DA9 @ 3ast !,th $ day SA6?0DA9O - :n legal matters the 5:0S6 /&A':'% is the recogni>ed method of computation unless otherwise agreed upon. Calendar !Solar$ /onth vs. 3unar /onth !not followed in legal sense$ - Calendar !Solar$ /onth ( is a month designated in the calendar without reference to the number of days it contains. :t conforms to the %regorian calendar and these months are 2anuary 5ebruary /arch etcF composing uneCual number of days. - 3unar month ( composed of "- days. 3&%A3 /O'6D - Civil code cannot be construed to refer to calendar month but to the 3&%A3 /O'6D of )* days created by law. Computation of a .eriod when 3ast day falls on a Sunday or Doliday: 1. :n an ordinar& #ontra#t the general rule is that an act is due even if the last day be a Sunday or a legal holiday. 6hus a debt due on a Sunday must in the absence of an agreement be paid on that Sunday. '(his is be#a"se obli%ations arisin% )rom #ontra#ts have the )or#e o) law between the #ontra#tin% !arties. (*rt. 1159, +ivil +ode).,. 6here are of course some e8ceptions among them the maturity date of a negotiable instrument. ". ;hen the time refers to a period prescribed or allowed by the "les o) +o"rt, by an order o) the #o"rt, or by any other a!!li#able stat"te, if the last day is a Sunday or a legal holiday it is understood that the last day should really be the ne-t da&, provided said day is neither a Sunday nor a legal holiday. 0ule on the 5:3:'% of .leadings 1. ". :f the last day for submitting a pleading is today and at 11:7* 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 "7 hours. (.ee /e +have0 v. O#am!o and B"ena)e, 11Phil. 21). 6his presupposes that the pleading was duly received by a person authori>ed to do so. N3O(45 6he Cuestion has been as<ed: ;hen is mailed petition considered fi led from the date of mailing or from the time of actual receipt by the CourtH 6he Supreme Court in the case of +alte- (Phil., 6n#. v. 7ati!"nan 8abor Union, 892491, :an. ;1, 1951), held that the petition is considered fi led from the time of mailing. 6his is because the practice in our courts is to consider the mail as an a%ent 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. :n <on0alo P. 3ava v. +ommissioner o) 6nternal even"e, 891942=, :an. ;=, 1915, the Court held that /hile there is a pres+mption that a letter d+l; directed and mailed /as received in the re.+lar co+rse of mail: still there are t/o facts that m+st first Be proved Before the pres+mption can Be availed of- @aA the letter m+st have Been properl; addressed /ith posta.e prepaid: and @BA the letter m+st have Been mailed.D.

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ARTICLE 1,. PE"AL LA'( A"# T5&(E &F P$%LIC (EC$RIT! A"# (AFET! (5ALL %E &%LI8AT&R! $P&" ALL '5& LI E &R (&*&$R" I" T5E P5ILIPPI"E TERRIT&R!: ($%*ECT T& T5E PRI"CIPLE( &F P$%LIC I"TER"ATI&"AL LA' A"# T& TREAT! (TIP$LATI&"(. @<AA Article 1, refers to Penal La/s and to those of P+Blic (ec+rit; and (afet; - Aliens are covered by our penal laws because they owe A33&%:A'C& Cact of Bindin. ;o+rself @intellect+all; or emotionall;A to a co+rse of actionD even though 6&/.O0A09 to our country. ?nderlines Doctrine of 6erritoriality Ne8pressed in Art. " of 0.CO ( any offense committed by A'9O'& within the territory of the country is an offense against the State. &KC&.6:O'S to the 6erritoriality Doctrine ". #. 6hose under principles of public international law enAoy Diplomatic :mmunity from suit &8amples: Dead of States 5oreign Ambassadors Diplomats provided do not travel incognito 5oreign Army the presence of treaty stipulations

Cons+ls do not have Imm+nities ( CO'S?3S Nperform administrative and notarial duties such as the issuance of passports and visasO do not necessarily enAoy diplomatic immunities mainly for the reason that they are not charged with the duty of representing their states in political matters. 6he main yardstic< 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 14. LA'( RELATI"8 T& FA2IL! RI85T( A"# #$TIE(: &R T& T5E (TAT$(: C&"#ITI&" A"# LE8AL CAPACIT! &F PER(&"( ARE %I"#I"8 $P&" CITIGE"( &F T5E P5ILIPPI"E(: E E" T5&$85 LI I"8 A%R&A#. @=AA RATI&"ALE: - J/anIs activity is not limited and circumscribed within his nature country. Dis manifold dealings with others impels him to leave his country and settle to foreign country. ;hile laws of other countries may be varied and diverse :6 DAS 4&&' D&6&0/:'&D 49 %&'&0A3 ASS&'6 A'D CO//O' A%0&&/&'6 A/O'% C:E:3:Q&D 'A6:O'S 6DA6 6D& 3A;S 0&3A6:'% 6O 5A/:39 0:%D6S @ O43:%A6:O'S S6A6?S CO'D:6:O' A'D 3&%A3 CA.AC:69 O5 .&0SO'S ACCO/.A'9 A .&0SO' &E&' :5 D& /OE&S 6O 5O0&:%' CO?'609B 6DA6 D& :S ;DO339 4O?'D 6O O4S&0E& 6D& 3A;S O5 D:S 'A6:E& 3A'D 4&CA?S& S?CD 3A;S A0& /O0& S?:6&D 6O D:S .&0SO'A3 A55A:0S.L A former 5ilipino can no longer by .hilippine personal laws after he acCuires another stateIs citi>enship. S6A6?S a. term use to designate circumstances affecting legal situations of a person in view of his age nation and his family membership. !.ineda$ b. includes personal Cualities 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. !.aras$ CO'D:6:O' ( mode or state of beingB state or situationB essential CualityB status or ran< 3&%A3 CA.AC:69 - meaning: 1. legal power to enter binding obligations or to enAoy privileges of a legal status. ". 0ight to come into court ). 6he party is in the full e8ercise of his civil rights or has the character or representation that he claims SA/.3&: a. 6estamentary capacity ( capacity to ma<e a legally effective will b. Contractual capacity ( capacity to enter into a legally binding contract. c. /arital capacity ( capacity to enter into a valid marriage

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ARTICLE 17. REAL PR&PERT! A( 'ELL A( PER(&"AL PR&PERT! I( ($%*ECT T& T5E LA' &F T5E C&$"TR! '5ERE IT I( (IT$ATE#.

5&'E ER: I"TE(TATE A"# TE(TA2E"TAR! ($CCE((I&"(: %&T5 'IT5 RE(PECT T& T5E &R#ER &F ($CCE((I&" A"# T& T5E A2&$"T &F ($CCE((I&"AL RI85T( A"# T& T5E I"TRI"(IC ALI#IT! &F TE(TA2E"TAR! PR& I(I&"(: (5ALL %E RE8$LATE# %! T5E "ATI&"AL LA' &F T5E PER(&" '5&(E ($CCE((I&" I( $"#ER C&"(I#ERATI&": '5ATE ER 2A! %E T5E "AT$RE &F T5E PR&PERT! A"# RE8AR#LE(( &F T5E C&$"TR! '5EREI" (AI# PR&PERT! 2A! %E F&$"#. @1>AA
3e8 Situs or 3e8 0ei Sitei - .roperty shall be governed by the 3A; O5 6D& .3AC& where the property is S:6?A6&D. - Applies to transactions li<e: o Sale o 3ease o 4arter o /ortgage o Or any other form of alienation of property - .ersonal .roperty now governed by 3e8 Situs o Old rule ( J/obilia seCuuntur personamL means /ovables follow the owner. o 'ew rule ( 3e8 Situs because .ersonal .roperty can now be separated to its owner. &8ception to 3e8 0ei Sitei !.ar " Art. 1=$ - Successions ( whether :ntestate or 6estamentary shall be governed by the 'A6:O'A3 3A; of the Deceased: o :rrespective of the nature of property involved o 0egardless of the country wherein the property maybe found. 1. Order of succession in intestacy ( settles Cuestion of preference in succession ". Amount of successional right ( amounts which heirs should receive in the inheritance ). :ntrinsic validity of the provision of the will ( refers to the effectiveness of the disposition of the will i.e. preterition of an heir 7. Capacity to succeed ( capacity of heirs to inherit based on the national law of the deceased and not with national law of the heirs. %overning .rinciple: 3e8 'ationalii

Application of .ar. " of Art. 1= - Applies only when a legal or testamentary succession has ta<en place in the .hilippines in accordance with .hilippine 3aw. ;hy 3e8 'ationalii applies in case of Succession: - 6he oneness and universality of the inheritance cannot be divided or bro<en up merely because of the different countries where properties of the estate are situated. 0&'EO: DOC60:'& - /eans Jreferring bac<L o &3&/&'6S: 1. 6hereIs a case ". our laws refers a case to another country for solution ). but the law of that country refers it bac< to our country for its determination - types of 0envoi o 0emission ( reference is made bac< to the law of the forum. Also called Jsingle renvoiL o 6ransmission ( reference made to a third state. Also called Jdouble renvoiL 3e8 5ori ( means law of the forum.

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An Alien CA''O6 validly provide in his will that his properties be distributed in accordance with .hilippine 3aws because what law should govern is the 'A6:O'A3 3A; O5 6D& D&C&AS&D O0 6&S6A6O0. !/iciano vs. 4rimo$

ARTICLE 19. T5E F&R2( A"# (&LE2"ITIE( &F C&"TRACT(: 'ILL(: A"# &T5ER P$%LIC I"(TR$2E"T( (5ALL %E 8& ER"E# %! T5E LA'( &F T5E C&$"TR! I" '5IC5 T5E! ARE EEEC$TE#. '5E" T5E ACT( REFERRE# T& ARE EEEC$TE# %EF&RE T5E #IPL&2ATIC &R C&"($LAR &FFI CIAL( &F T5E REP$%LIC &F T5E P5ILIPPI"E( I" A F&REI8" C&$"TR!: T5E (&LE2"ITIE( E(TA%LI(5E# %! P5ILIPPI"E LA'( (5ALL %E &%(ER E# I" T5EIR EEEC$TI&". PR&5I%ITI E LA'( C&"CER"I"8 PER(&"(: T5EIR ACT( &R PR&PERT!: A"# T5&(E '5IC5 5A E F&R T5EIR &%*ECT P$%LIC &R#ER: P$%LIC P&LIC! A"# 8&&# C$(T&2( (5ALL "&T %E RE"#ERE# I"EFFECTI E %! LA'( &R *$#82E"T( PR&2$L8ATE#: &R %! #ETER2I"ATI&"( &R C&" E"TI&"( A8REE# $P&" I" A F&REI8" C&$"TR!. @11AA
3&K 3OC: C&3&40A6:O':S - /atters bearing upon the e8ecution interpretation and validity of a contract are determined by 6D& 3A; O5 6D& .3AC& ;D&0& 6D& CO'60AC6 :S /AD& (8O+U. +O3( *+(U. 4<6( *+(U>) 5O0/S A'D SO3&/':69 O5 CO'60AC6S - 5ormality established by law to render a contract valid ;:33S - :s the document in which a person specifies what is to be done with his property upon his death CO'60AC6S - 3egally binding agreement involving two or more parties that sets forth an e8change of promises of what each party will or will not do Article 1, spea<s of &K60:'S:C EA3:D:69 of Contracts ;ills and .ublic :nstruments. ;hat is :'0:'S:C EA3:D:69 of Contracts ;ills and .ublic :nstrumentsH 0ules in determining the :'60:'S:C EA3:D:69 of Contracts: 1. 3aw stipulated by the parties shall be appliedB ". :n the absence of stipulation if parties are the same nationality 3e8 'ationalii applies. ). .arties are not of the same nationality o 3aw of the place of perfection of the obligation will govern its essence and nature o 3aw of the place of performance shall govern its fulfilment 7. :f 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 subAect shall apply 3&K 3OC: C&3&40A6:O':S does not apply to marriage involving 5ilipinos solemni>ed abroad if the /arriage is EO:D in the .hilippines .0:'C:.3& O5 &K6&00:6O0:A3:69 - Acts e8ecuted before .hilippine diplomatic and consular officials in their offices abroad are considered done in the .hilippines because said offices are e8tension of the .hilippine territory. .0:'C:.3& O5 &K60A6&00:6O0:A3:69 6he principle recogni>ed 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 1<. I" 2ATTER( '5IC5 ARE 8& ER"E# %! T5E C&#E &F C&22ERCE A"# (PECIAL LA'(: T5EIR #EFICIE"C! (5ALL %E ($PPLIE# %! T5E PR& I(I&"( &F T5I( C&#E. @17AA
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0ole of Civil Code in case of :nsufficiency in the Code of Commerce and Special 3aws - Civil code is S?.33&6O09. - :t fills the deficiency or insufficiency of the Code of Commerce and Special 3aws 0ule in case of Conflict between the Civil Code and the Special 3aw - %eneral 0ule: o :n case of Conflict between the Civil Code and the Special 3aw the 3A66&0 prevails. :nstances where the Code of Commerce and Special 3aws are S?..3&6O09: !6he Civil Code is the .rincipal 3aw$ 1. ". :n the 3aw of Common Carriers the Code of Commerce supplies the deficiency !Art. 1,==$ :n insolvency cases the :nsolvency 3aw !AC6 'o 1#+=$ supplies the deficiency !Art. ""),$

5$2A" RELATI&"( CO'C&.6: - 0efers to a. the rules needed to govern b. the interrelationships of human beings in a society c. for the purpose of maintaining social order. - 6here is a need for regulation and control to secure a Jrightful relationship between human beings and for the stability of social order. !Code Commission$ ARTICLE 1=. E ER! PER(&" 2$(T: I" T5E EEERCI(E &F 5I( RI85T( A"# I" T5E PERF&R2A"CE &F 5I( #$TIE(: ACT 'IT5 *$(TICE: 8I E E ER!&"E 5I( #$E: A"# &%(ER E 5&"E(T! A"# 8&&# FAIT5. Principle of AB+se of Ri.hts - ma<e the actor liable for damages if in so e8ercising his right his purpose is to preAudice or inAure another - even if an act is not illegal if thereIs 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 %OOD 5A:6D - An honest intention to abstain from ta<ing any unconscientious advantage of another 4AD 5A:6D - Dishonest purpose and conscious performance of wrong Elements of AB+se of Ri.hts 1. 6here is a legal right ". ;hich is e8ercised in bad faith ). 5or the sole intent of preAudicing or inAuring another 0A6:O'A3&: - 6D& e8ercise of a right ends when the right disappears and it disappears when it is abused especially to preAudice others. - 6he mas< of a right without the spirit of Austice which gives it life is repugnant to modern concept of social law. 3imitation on the .rovision on Duman 0elations - /erely guides for human conduct in the absence of S.&C:5:C legal provisions and definite contractual provisions. DA/'?/ A4SG?& :'2?0:A !Damage ;ithout .reAudice$ - A person e8ercising only his right does no inAury !Cue Aure suo utitur nullum damnum facit$ - :f damages result in the e8ercise of a right itIs damnun absCue inAuria 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 Page 1$ of 1#

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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 bo!er consents to being hit, and to the injuries that might be e!pected from being hit, but does not consent to (for e!ample) his opponent striking him with an iron bar, or punching him outside the usual terms of bo!ing. Volenti is also known as a "voluntary assumption of risk."

ARTICLE 2>. E ER! PER(&" '5&: C&"TRAR! T& LA': 'ILF$LL! &R "E8LI8E"TL! CA$(E( #A2A8E T& A"&T5ER: (5ALL I"#E2"IF! T5E LATTER F&R T5E (A2E.
COE&0A%&: - Cases that the law does not provide sanction this article provides general sanction ( :'D&/':5:CA6:O' 5O0 DA/A%&S - :t covers torts based on malice 'O 0:%D6 :/.A:0&D 'O 4AS:S 5O0 DA/A%&S

ARTICLE 21. A"! PER(&" '5& 'ILLF$LL! CA$(E( L&(( &R I"*$R! T& A"&T5ER I" A 2A""ER T5AT I( C&"TRAR! T& 2&RAL(: 8&&# C$(T&2( &R P$%LIC P&LIC! (5ALL C&2PE"(ATE T5E LATTER F&R T5E #A2A8E.
0&ASO': - 6here are many inAurious acts that are contrary to public policy but are not forbidden by statute which have not been foreseen by the lawma<ers. 0&G?:S:6&S 5O0 0&COE&09 O5 DA/A%&S - Damages are recoverable even though no positive law has been violated provided: 1. 6he act should have been wilfully done ". Contrary to morals good customs or public policy &KC&.6:O' O' 'O'-S?A4:3:69 O5 40&ACD O5 .0O/:S& 6O /A009 1. 'o recovery of /oral Damages &8cept when there is Criminal Seduction - 6here must be deception enticement superior power or abuse of confidence on the part of the seducer to which the woman yielded ". Actual Damages Suffered 0ecoverable - Actual damaged suffered by reason of promise to marry are recoverable. - &8. costs actually paid for the preparation of the wedding !printing of invitations fee paid to reception area$

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