CIVIL LAW REVIEW I
Atty. Maglajos
 CIVIL CODE - collection of laws, w/c regulates the
private relations of the member of civil society,
determining their respective rights and obligations, w/
reference to persons, things, and civil acts.
 GEN. RULE: Laws shall be prospective in application.
EXCEPTION:
1) when the law itself expressly provides for its
retroactivity [ART.4, NCC]
2) when the law is penal insofar as it favors the
accused who is not a habitual criminal, even
though at the time of the enactment of such law
final sentence has already been rendered. [ART.2,
RPC]
3) when the law is procedural so long as it does not
affect or change vested rights [Aguillon v. Dir. of
Lands, 17 Phil 506]
4) when the law creates new substantive rights
[ART.2263, NCC]
5) when the law is curative in character in the sense
that the purpose of its enactment is to cure defects
or imperfections in judicial and administrative
proceedings.
6) when the law is interpretative of other laws.
1) GEN. RULE: Acts executed against provisions of
mandatory or prohibitory laws shall be void.
EXCEPTIONS:
1) when the law itself authorizes its validity.
Ex. sweepstakes (form of gambling)
2) where a marriage was solemnized by a person
who has no legal authority, but the party or parties
believing in good faith, that such person has the
authority to do so, then the marriage is VALID but
the person who solemnized the same shall be
criminally liable.
3) where the law itself authorizes its validity, but
punishes the violator.
Ex: A widow who remarries before the lapse of 300
days from the death of her husband is liable to
criminal prosecution but the marriage itself is valid.
4) where the law merely makes the act voidable.
Ex: A marriage celebrated through violence or
intimidation or physical incapacity or fraud is valid
until it is annulled by a competent court.
5) where the law declares the act as void, but
recognizes the legal effects as arising from it.
Ex: Children born of void marriages are classified as
illegitimate children and is entitle to the rights
provided in ART.176 of the FamCode.
 GEN. RULE: Rights may be waived.
EXCEPTIONS:
1) when it is contrary to law, morals, good customs,
public order and public policy.
2) when prejudicial to a 3rd person w/a right
recognized by law
WAIVER is considered VOID in such instances:
a) waiver of future support
b) waiver of political rights
c) waiver of future inheritance especially if the
waiver is intended to prejudice credits
 QUESTION: In cases of silence, obscurity or
insufficiency of the law w/ respect to a particular
controversy, what rules shall be applied?
ANS: The judge shall apply the customs of the place,
and in default thereof, the general principles of law
and justice.
 DOCTRINE OF STARE DECISIS – judicial decision
interpreting the law shall form part of the legal system
of the Phils and such has the force of law.

PERSONS AND HUMAN RELATIONS
 HUMAN RELATIONS - Art. 19 to 36
 ART. 19 – Every person must, in the exercise of his rights
and in the performance of his duties, act w/ justice, give
everyone his due and observe honesty and good faith.
- can be used as basis when a person’s right has been
violated but you can’t specifically pinpoint what
particular offense is committed.
 PRINC. of ABUSE of RIGHT – a person’s abuse of his
right is an actionable offense.
ELEMENTS:
1) legal right or duty
2) such right or duty is exercised in bad faith
3) there is an intention of prejudicing or injuring
another person
 ART. 20 – Every person who, contrary to law, willfully or
negligently cause damage to another shall indemnify
the latter of the same.
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 - more of a general sanction for acts that are not given
specific sanction
 ART. 21 – Any person who willfully causes loss or injury
to another in manner that is contrary to morals, good
customs or public policy shall compensate the latter for
the damage.
- CONTRA BONUS MORES – act not in violation of a
particular law, however, such act violates morals, good
customs or public policy.
ELEMENTS:
1) legal act
2) act contrary to moral, good customs or public policy
3) intent to injure another person
4)

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