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    PFR Art 1 36

    Uploaded by

    Zen Arines

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    © All Rights Reserved
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    EFFECT AND APPLICATION or Laws The Civil Code took effect on August 30, 1950. Errectivity or Laws. ~(ART.2) General Rule: Laws Stall'take effect «(15)--days--following—the completion of “their” publication in the Official Gazette, of in- newspaper of general circulation-in the Philippines (CIVIL CODE, Art. 2as 4 -No one shall be charged with notice of,the statute's: provision until» publication pleted and” the fifteen (15) day period has‘expired. | /\ Exception: Unless otherwise provided by the law (CIVIL CODE, Art. 2as amended ‘by EO No. 200). Note: The exception refers. tothe “15-day period”. only and not the requirement) of ‘publication. Publication is indispensable; fil not render the. law. effective(Taflada ¥, G.R. No. L-63915, December 29, 1986) Rules on Period Provided by Statute 4.Shorter/longer period than the 15-day - the period - provided in the statute shall prevail (STA. MARIA, Persons and Family Relations Law (2010);:Ra.4)-.. Inereinafter STA. MARIA, Family Relations]. 2.Takes effect immediately - It shall take effect immediately after publication with the 15-day period being dispensed with (Tafiada v. Tuvera, 63915, December 29, 1986). . ‘as to its effectivity - It takes effect 15 days following its publication (CIVIL CODE, Art. 2 PARAS, Civil Code of the Philippines ‘Annotated (2013), p. 14) [hereinafter PARAS, EXECUTIVE COMMITTEE, SYLVESTER AUSTRIA ~ over-all chairperson, chairperson for academics, | JOE VINCENT AGUILA. chairperson for ANTHONY CABASAG relations, REYCHELLE MANZANO property, tote ovperson for operations, RODEL | GERAIZA JOY FLORANDA wills and sncsesitt, JO-ANNE GENEIVE PEREZ and RAIZZA MAE hotel operations, LYNDON RUTOR JAMES PULMA vice-chairperson for secretariat, DENISE MAGBUHOS _vice-chairperson for finance, IAN DANIEL GALANG vice- chairperson for electronic data processing, JOMARC PHILIP KAECAINDAY DIMAPILIS logistics, ALBERTO RECALDE JR. vice- chairperson for membership imgoded by EO Nor 200)", SUBJECT COMMITTEE RENZ PAGAYANAN subject chair, KRISTINE REYNOLD ORSUA GRACE MENESES assistant subject chair, MARK GRORIN, JOSEL BANTIGUE edp, MARK Glecie Suzanne Capellan, Stallone DIANNE TANDAAN obligations and contracts, CARLO GIS GLORIA sales and lease, JANELLE MUPAS Gladsy Gozon, Hazel CRiotahip.ageney and truss, FAY KRISTINA Guansing, Ma. Reina Habjan, SINOCRUZ’ credit. transactions, JENNEBETH Gloechairperson for torts and damages, SARAH {ORSmENTO land tiles and deeds, ROLEN Reilly, Angelie Santamina, Jannah PAULINO JR. confit of laws erage (PLACE) 1. Presidential Decrees; 2. Laws which refer to all statutes, including local and private laws; 3. Administrative Rules and Regulations, | the purpose of which is to enforce/implement existing law pursuant to a valid delegation; 4, Charter of a City; --Greviers issued by the Monetary Board the = purpose, Gf Which is not merely to interpret but to details of the Central Bank it Re 5 which it Henan fr Is vi v. Que Po Lay, No. L-6791, March 28; 1954); and 7. Bxccutve Oc (Tafada . Tavera, GR. No. L- 6391: amber 29, 1986). Publication net Required ((°L) sgulations; 4.1 2, Thosé! Internal inynature, regulating only the personnel of the administrative agency, and sJnstrotions issued by administrative rassasines be followed by the performance of their duties ‘Date‘of effectivily of Municipal Ordinances is not sréd//by this, rulé- but by the Local Government “Code ATanada!v_Tuvera, G.R. No. L-63915, Decgmhber 20'1986) | (IGNORANCE OF THE Law EXCUSES NO ONE (ART.3) Conclusive Presumption Every person is presumed to know the law even if they have no actual knowledge of the law. Note: It applies only to mandatory and prohibitory laws. This may be deduced from the language of the provision, which, notwithstanding a person's ignorance, does not excise his. or ‘MEMBERS James Edward Agbayani, Madelyn Beros, Jama Grace Caguimbal, 's “and family Choa, May Zyra Cuevas, Molee Unworth De Guia, Dyan’ Angela Dela Fuente, Valerie Fe Enriquez, Noreen Danielle Fabia, Robert Francis Fernandez, Mary Joy tz Rhea Ann Magleo, Maria Emma Gille Mercado, Leandro Augustine LILIANA Nadal, Fina ‘Ong, Noelle-Maria Aline Santos, Johanne ‘Sarclla, Trisha Angelica Ta-a, Katrina Grace Valdez, Carl Ron Villamil, Hannah May Viola : her compliance with the laws. (D.M. Consunji, Inc. v. CA, G.R. No. 137873, April 20, 2001) Foreign Law not Included Does not apply to foreign laws because there is no judicial notice of such foreign laws; it must be Proved like any other matter of fact (Ching Huat v. Co Heong, G.R. No. L-1211, January 30, 1947). Mistake in the (Good bores Application as Basis of Mistakes in the application or interpretation of difficult or doubtful provisions of law may be the basis of good faith and has been given the same effect as a mistake of fact, which may excuse.one from the legal consequences of his conduct (G/V/L CODE, Arts. 526 end 2155). st Non RETROQACTIVITY OF ©; Laws (ART,4) General Rule: Laws shall ‘have |no retroactive effect. ‘ | Exceptions: (P*UT NICE) \% 1.Procedural or Remedial; 2p 4 the legislative it CIR, G.R. No. L-18649, February 27, 1968); Sukamw.cteating New taht (Pape y. Briones, G. ‘No. L-10806, July 6, 1918, ie ot al. v: Cayas, G.R. Nos. L-8562-8! 1955); Exceptions to the Exceptions: (E-L) 4. Ex Post Facto Laws; Ae 2 Laws that impair obligation of contracts (Asiatic Petroleum Co. (P.1), Ltd. v. Llanes, G.R. No. L- 25386, October 20, 1926). Acts Contrary To Law (ART.5) General Rule: Acts contrary to mandatory or prohibitory laws are void. Exceptions: (PAVE) 4.The law makes the act valid but Punishes the violator (e.g. Marriage solemnized by a person SAN BEDA COLLEGE OF LAW 2. 2014 CENTRALIZED BAR OPERATIONS, intent (Cebu Portland Cement v- ): 5 wot 08 A ones its validity (2.9. Lotto, takes); the act only Voidable (eg athe law caakss where consent is vilisted); and Voidable comcjares the nullity Of an act but 4 The lew evEiects as legally existing (eg Sead bom after annulment of marrage is Cit gered legitimate) (PARAS, Civil Code, supra at 35) ‘AIVER OF RIGHTS (ART.6) Mn agajnalcenqushment of 24 Soh Gejierat Rule: Rights may PE waives ‘Rogdidites of a Valid Waiver: (CUE-CPF) 4. Full. capacity to make the wane: 2 Walvet most be: Unequivooal: i Right must Exist at the time of the waiver, Zit must. not be Contrary to law, public policy, morals or good customs; Silt mut poebe Prejudicial to a third person with right recognized by law; and 6.When Fomnalities are required, the same must be ‘complied with (PARAS, Civil Code, supra at 38 39) Geptions: (C-PEN) Pn e ae to law, public order, public Balicy, morals. or good customs; 2.lPthe waiver is Prejudicial to a third party with a fight recognized by law; 3.Alleged figh{s-which are really not yet in "Existencd, as in’ the case of future inheritance, “and 4.Jf-the right [sa Natural right, such as right to be _ ‘supported (PARAS, Civil Code, supra at 37) ‘Jupiciat Decisions FoRM Part oF LEGAL SYSTEM OR Doctrine OF STARE Decisis (ART.8) Doctrine of Stare Decisis It enjoins adherence to judicial precedents and is based on the principle that once a question of law has been examined and decided, it- should be deemed settled and closed to further argument (PARAS, Civil Code, supra at 68). Judicial decisions applying or interpreting laws shall form a part of the legal system of the Philippines. Stare decisis et non quieta movers. Let the decision, "stand and dis what is already settled. The doctrine of stare decisis is a salutary and necessary tule. When the Court lays down a pri le of law applicable to a certain set of facts, it must adhere to ‘such principle and apply it to all future cases where the facts in issue are substantially the same. Else, the ideal of a stable jurisprudential system can never be achieved (Saguiguit v. People, G.R. No. 144054, June 30, 2006). Legal Effects of Judicial Decisions 1.No publication required; Binding betweer TT aTieATaR tre tapen of appeal. ‘and 3.Will bind all future cases with identical facts, until .-° reversed by St Judici statute itself sions, although in themselves fot faw8\! £3 Rule: Customs must be proved as a fact to the rules of evidence. Exception: A court may take judicial notice of a custom if there is already a decision rendered by the same court recognizing the custom. Requisites to Mal a Custom an Obligatory Rule: (P70T) 1.Plurality oxfépetition of acts; 2. Pactided bY mass of the social group; 3.The community accepts it as a proper way of acting, such that it is considered as Obligatory upon all; and x ‘ontinue% fice for a long period of Time. ea 7 “Rule on Periods X me the same authority’ as_ the itse x (People v. Licera, GR No, (39990, July 225 f= A.Year ¢_Thkée\Ruridred “Sixty-Five (365) days, 1978). SS - eee jear is identified; { : ity, (30)-days, unless month is The application or interpretation placed by the £7 d y = Twenty-Four (24)hours; Court upon a law is part of.the law ag of the:date-of enactment of said lawcbecause \the’\ Suprer Court's interpretation merely, establishes contemporaneous legislative “intent thal the construed law purports to,carry into effect (People v. Licera, G.R. No. L-39990; Jily 22, 1976): No Retroactive Effect However, when a doctri led, the parties who relied on the vabinal, G.R. No. L-30061, February 27, 1974). Administrative Decisions BY fp Although it is recognized that judigadecisions, applying or interpreting statutes as part ‘of the legal system of the country, such level of recognition is not afforded to administrative decisions (Intemational Management Services v. Logarta, G.R. No. 163657, April 18, 2012). Customs (ARTS.11 AND 12) Customs Rules. of conduct formed by f acts uniform! ial rule. They are legally binding and obligatory (STA. MARIA, Family Relations, supra at 18). é doctrine should stow no peiues light — Sunset to sunrise; salendar week ~ Sunday to Saturday; =-Count;seven,(7) days as indicated, not necessarily Sunday to Saturday first day is excluded, last day included, y im & &cExcoption: Rule does not apply to computation of age; each year is counted based on birth ‘anniversary /\, Policy if, the Last Day is a Sunday or a Legal Holiday 4ilf the:act-to be performed within the period is prescribed or allowed (a) by the Rules of Court, “S.(b) by-an order of the court, or (c) by any other “applicable statute, lly be considered the next 2.If the act to be performed within the period arises from a contractual relationship, the act will become due despite the fact that the last day falls ‘on a Sunday or Holiday (PARAS, Civil Code, supra at 100). Provisions ON CONFLICT OF Law (ArTS.14-17) 1. Penal Laws and Laws of Public Security (CIVIL CODE, Art. 14): Territoriality rule governs regardless of the nationality but subject to SAN BEDA COLLEGE OF LAW 2014 CENTRALIZED Bar OreRaTIONs = 3. Lex Nationalil v. Lex Rel Sit principles of international law and to treaty stipulations. Celebrationis ad eT fgiieuled 2. Laws Relating to Family Rights and Duties, or (eres ene reid to Status, Condition and Legal Capacity of Art. 15. Art. 16 of the Persons (CIVIL CODE, Art. 16): Nationality rule Gilizenship | Law of the place | Law : f ace where applies regardless of their place of residence. is the basis wrote ts The contract for the | was.exect Exception: Divorce validly obtained abroad by Seermining | stated. is for | is the basis for alien spouse capacitating him or her to remarry; fe personal | basis the Filipino spouse shall have capacity to remarry hele determining !aw ee ie under Philippine law (FAMILY CODE, Art. 26, eeiicable. | applicable. Bar 2) Covers Covers “only family rights 3..Laws on Property (Real and Personal) " mduties. | covers both real | the forms and Mee tira Lee ‘and personal | solemnities »:-The law of the country where the condition "| property. (extrinsic property is situated shall govem/ property. ~~"! Sh4-~-tegal | PrP “| validity). transactions (CIVIC GODE, Art. 16:ar .. , ) 3 [-rapegly of nf | : rs \ Exceptions: (01¢) 7 sa aa , | Exceptions: a.Order and amount’ét Succesgignalyights_ (= (GEE | (CIAO) b.Intrinsic validity of testamentary provisions. ae a.Capatity: © | Exception: ¢. Capacity to succeed. governed by the national // succeed; LAr. 26, par. law of decedent (CIVIL: GODE, Art. 16, par, 2). blntrinsic 1. of Family o ‘ Validity’ of the | Coge 4.Laws on Forms and Solemnities | { 2Intrinsic . { i rin Lex Loci Celebrationis: Forms and obes ; see ‘of contracts, wills, and.other-public instruments | (extrinsic validity) “Stdbemcountey WES EE (civ CODE, Art. 17). , ss et Rules on Personal'Law: Domiciliary Rule and nality Rule Distinguished a Marriage between Filipinos solemnized abroad, fopall etn eh eS determining shall be void though valid-abroad when void — i ae eee uncer Phitppine ws (FAMILY. CODE, Ark. 26 " DOVES ESOC. 7. 1); ani 2 b.intringic. Validity of Contraots:\\Walidity is Persona Jperiehis citizenship. ithe law stipulated by the parties ‘shallsbes applied, . ik in default thereof, and the parties are ithe Exceptions: @: Occurs when a citizen of ‘another country dies as a domiciliary of another ‘country. Where the conflict rules of the forum Yefer to a foreign law, and the latter refers it back tional shalll be ee their national law shall be to the internal law, the law of the forum shall if the parties are of the same apply. nationalities, the e perfection of the obligation shall govern sion Theory: If the foreign law refers it fulfillment; or ird country, the said country's law shall iv. If the above places are not specified and govern. they cannot be deduced from the nature and circumstances of the obligation, then the law 6 Baeaecotte yn: The of the passive subject shall apply ign law, whenever applicable, should be proved by the proponent thereof; otherwise, such law shall be presumed to be exactly the same as the law of the forum. SAN BeDa COLLEGE OF LAW 4 2014 CENTRALIZED BAR OPERATIONS Rule on Prohibitive Laws General Rule: Prohibitive laws concerning persons, their acts or property, and laws which have for their object public order, public policy or good customs are not rendered ineffective by laws, or judgments promulgated or by determinations or conventions agreed upon in foreign country (CIVIL CODE, Art. 17 par. 3) Exception: Art 26 par. 2 Family Code (eg Divorce Law). Human RELATIONS ‘Abuse Of Right (CIVIL CODE, Art. Elements: (LEP) * 4.Existence of a Legal right or duty; 2.Whichiis i c B aN 3.For the sole intent of Prejudicing or injuring ¥. CA, GR ‘another (Albenson Enterprises, Cofp. No. 88694, January 11,1993) a | ; : Exercise of Rights “| | f The exercise of a right must be in ato rdance,with sie hed and mi the purpose for which it was\ establis! st not be excessive or unduly harsh; there'must bend © ‘arm anottiery (Ardiante _v.'' Sps. No. 161921, July 17, 2013). juria (to which a ts is not esteemed in law-as person’ assent injury) Bae or to the consent to. ye intention” to hi Pastorfide, G.R. It refers to self-inflicted injuries injury which precludes the recove! ‘oné who has knowingly and voluntarily himself to danger, even if 2s doi (Nikko Hotel Manité Rayes (Amay Bisaya), G.R. No. 154259, Fepruary 28, 2008). < } Injury) te ‘A pefson-who exercises his legal tight daes_no itiuy However, it cannot be said that @ person ‘exercises a right when he unnecessarily prejudices ‘another or offends morals or good customs: When dam: ut from a person's exerci Tis damnum absque injuria (ABS-CBN v. Republic Broadcasting Corp. G.R. No. 126690, January 21, 1999). Acts Contrary To Law Every person who, contrary to negligently causes damage to another, law, wilfully oF shall epqNote: Arts. 19, 20 and 21 indemnity the latter for the same (CIVIL CODE, Art. 20) ‘Acts Contra Bonus Mores (Agains! Morals (CIVIL CODE, Art. 21) it Good Elements: (L-C-!) 1.Thefe is a Legal act; 2.But which is Contrary to morals, good customs, public order or public policy; and 3ilt is done with Intent to injure (Albenson Enterprises Corp. v. CA, G.R. No. 88694, January 11, 1993) . are related to one ‘another ‘and,under these articles, an act which Catises injury fo another may be made the basis for “an. ‘of damages. Arts, 19’and 21 refer to fonal acts:while Article/20 pertains either 10 willful or negligent acts, ‘Taw (Albi onsen EAterpses COT 88604, omsBo\ 1999) GR. No. : PRINcIPLEOF Unsust ENRICHMENT (ART.22) 1 n roe rgoovery of what has been paid Sh eltnonJOseyaus ‘Application V4.When 2 thifg is. acquired by or comes into possession of another (delivery or acquisition of ngs); and. YP, 3g acquisiton bé undue and at the expense of pine ‘(without just or legal ground). ‘Accion in Remi Verso and Solutio Indebiti Rates (Art. 2154) Pesca oun eck it is not necessary that Ithe-payment was made mistake, payment|Payment was made knowingly and voluntarily|element to. main lbut nevertheless, there|action for recovery. — lwould be recovery of| what has been paid. Requisites: (JELA) 4.Enrichment is 2.Def 3,Plaintiff has suffered a| i Just or legal around; and 4.He has no other Action based on contract, quasi- contracf, crime OF WU: SAN BEDA COLLEGE OF LAW 2014 CENTRALIZED BAR OPERATIONS For a more comprehensive discussion of Arts. 19- 36, please see discussion thereof under Torts. PREJUDICIAL QUESTION (ART.36) General Rule: If both criminal and civil cases are filed in court, the criminal case takes precedence Exceptions: 1.In case of prejudicial questions, the criminal case is suspended because the issues in the civil case are determinative of the outcome of the case. It generally comesicto play in a situation where = civil action and @ crinjinaLaction are both pendin and there exists in the’ former an ‘sale yy inust be preemptively ‘resolved befo the latter Requisites: a.Previously instituted issue similar or intimately[relatedsto the issue raised in the subsequent cfiminal and. b.The resolution of such “issue \determines whether or not the oriminal action (RULES OF COURT, Sec. 7, Rule 1 2.Independent civil action granted by law (CD-RQ). a.Bre Yights (CIVIL CODE, Art. 32); = f b.Defamation,--fraud,physical-injuriesy (CIVIL CODE,, Art. 33); BA c. Refusal. or failure-of city or municipal-policeitos give protection (CIVIL CODE, Art. 34); and" d.Qua NL. CODE, ‘Art2177). The Civil Code has suppletorily application in matters governed by special laws. Civit PERSONALITY (Art.37) Civil Personality : It is the aptitude of being the subject, active passive, of rights arid obligations. SAN BEDA COLLEGE OF LAW 6 2014 CENTRALIZED BAR OPERATIONS. Juridical capacity and Capacity to Act (PARAS, Civil Code, supra at 236) Juridical Capacity Oa ane 1 eis | Power to do acts with relations (CIVIL. CODE, Coe Aran ee Art.37) : Passive Active Inherent Merely acquired Lost through death and | Lost ‘only thrOUGM | restricted by other causes. Can exist without | Always exists with capacity to act juridical capacity jg presumed to have capacity to act once v. Arenas, G.R. No. L-5921, July ad persons. 7] This limits the power of juridical persons only L}to those that are expressly conferred upon them or those which can be implied therefrom or incidental thereto. a \ Restrictions ‘on Capatity to Act _ ““SThesame do not exempt the incapacitated person cértain, obligations as when the latter arise from/his acts\or-from property relations such as easements (CIVIL. CODE, Art. 38): (MID-PC) F.Mingnty Mitority-does not exempt the minor from certain ‘obligations, as when the latter arise from his acts 6 from property relations. Thus, he may acquire “

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