CIVIL LAW REVIEW

(10 August 2021)
 

- Article 2 – laws shall take effect after 15 days after publication in the OG unless
otherwise provided, this CC takes effect 1 year after publication
o This does not mean that laws will require 15 days, but it requires to be published
o Tanada v Tuvera – All laws whether punitive or not must be published before it
shall take effect
 Indispensable requirement of due process
o The 15-day period is merely a general rule which only applies in the absence of
an effectivity clause
o EO 200 – it should also be published in the newspaper

- Article 3 - Ratio behind it is ignorance of our own law excuses no one

o One who alleges foreign law, he has the burden of proving the law otherwise
processual presumption applies
- A Criminal Law can only be given retroactive effect if it is advantageous to the accused
otherwise it would be an ex post facto law
- The Civil Code will not have retroactive effect if it impairs vested rights
- Q: Can SC decision be given retroactive effect?
o A: It cannot apply retroactively because it would also impair the rights of those
who relied on the abandoned doctrinal ruling
- Q: But how do you reconcile this when the decision is deemed to retroact to the time the
law took effect?
o A: Here there is no old doctrine, it is a mere interpretation of a doctrine for the
first time
- In Summary: Doctrine for the first time, it retroacts but if it is an abandonment of an old
ruling, then it does not retroact as it violates vested rights
- Meaning Equity follows the law; Article 9 – When a court is confronted with a case with
no applicable laws, then the judge must still decide the case
o May use other sources such as customs or even the rule on equity
o Equity – what is fair, just and reasonable to the mind of the judge
 When there is no law, apply the rules of equity
o When there is an applicable law, the judge may not use equity even if it is not fair
in the opinion of the judge
- A Natural Person acquires Civil Personality from birth but a conceived child is given
presumptive personality from the time he is still conceived for purposes beneficial to him
o A child in the womb is allowed to receive donations
  But if less than 7 months of intra-uterine life, he must still survive for 24
hours
Questions with Class
- Q: Is there an order of priority in law of equity vs custom, traditions etc?
o A: No, the judge may choose any
- Q: Is online gazette sufficient for publication?
o A: No, it requires publication in a newspaper