HIGHLIGHTS OF READING ASSIGNMENT

Civil Law Review I, October 10, 2020

A. 1. Definition of Law by Sanchez Roman –

Law is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common
observance and benefit.

B. Art. 2, Civil Code –Effectivity of the following

1. Law – shall take effect AFTER fifteen days FOLLOWING COMPLETION of their publication in
the Official Gazette, unless it is otherwise provided

2. Civil Code shall take effect ONE YEAR after publication

C. When No Publication of the Law Needed –

1. General Rule - where the law provides for its effectivity such as a definite date (April 5, 2020)
or upon approval by the president or approval by Congress over the veto of the president.
(Askay v. Casalan 46 Phil. 179)

2. Exception – where the law is punitive

D. Date of Effectivity of the Civil Code - August 30, 1950, one year exactly the Official Gazette
publishing the Code released the same for circulation, the release having been made on August 30,
1949. (Obiter dictum in Lara v. Del Rosario, 50 OG 1957)

E. Art. 4 – Laws shall have no retroactive effect, unless the contrary is provided

1. General rule – laws have prospective effect

2. Exception – when the retroactive effect is expressly provided for

F. Art. 6 – Waiver of Rights

` 1. General rule – Rights may be waived

2. Exception – when the waiver is contrary to law, public order, public policyt, morals or good
cusoms or prejudicial to a third person with a right recognized by law

3. Examples of rights that cannot be waived – right to present or future support, right to future
inheritance, the renunciation of such rights would infringe upon public policy like the right to be
heard,legal right to repurchase a homestead

4. Examples of rights that may be renounced – support in arrears, venue of actions, right of the
accused to be helped by counsel
G. Art. 7 – Rules on Repeal and Supremacy of the Constitution

1. Laws are repealed only by subsequent ones, their violation or non-observance shall not be
excused by disuse or custom or practice to the contrary

2. Laws declared by courts as inconsistent with the Constitution shall be void and the latter shall
govern

3. Example of an unconstituional law – see In Re Cunanan ( the Bar Flunkers’ Case) See also the
dissenting opinion of Justice Paras

H. Art. 8 – Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the
legal system of the Philippines.

1.Such judicial decisions are part of the legal system, still they are not laws.

2. Distinction between ratio decidendi and obiter dictum -

The ratio decidendi of a final judgment states the reasons for such judgment An obiter
dictum is an opinion not necessary to the determination of a case.