Module 1

COURSE OVERVIEW AND INTRODUCTIO

N TO THE CIVIL CODE AND PRELIMINAR
Y TITLE

HOWELL T. CILOT
 A. THE CONCEPT OF CIVIL LAW

Section 12 and 14, Article II, 1987 Constitution

01 • The State recognizes the sanctity of family life and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally protect the life of the mother and the life of
the unborn from conception. The natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral character shall receive the support of
the Government.

• The State recognizes the role of women in nation-building, and shall ensure the fundamental
equality before the law of women and men.

02
Section 1 - 3, Article XV, 1987 Constitution
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly,
it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall
be protected by the State.
 Section 3. The State shall defend:
(1) The right of spouses to found a family in accordance with their religious
convictions and the demands of responsible parenthood;
(2) The right of children to assistance, including proper care and nutrition, and special
protection from all forms of neglect, abuse, cruelty, exploitation and
other conditions prejudicial to their development;
(3) The right of the family to a family living wage and income; and
(4) The right of families or family associations to participate in the planning and
implementation of policies and programs that affect them.

03 Section 1, Article III, 1987 Constitution

Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person
be denied the equal protection of the laws.
B. THE EFFECT AND
APPLICATION OF LAWS

Article 2, NEW CIVIL CODE

Laws shall take effect after 15 days following

the completion of their publication either in
Official Gazette, or in a newspaper of general
circulation in the Philippines, unless it is
otherwise provided.
(as amended by EO No. 200)
 Effectivity
When is the law effective?

AFTER 15 DAYS 15 DAYS AFTER ITS

PUBLICATION
The law is effective on the
It means that its effectivity
16th day
is on the 15th day after
such publication

EFFECTIVE IMMEDIATELY
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PUBLICATION MANDATORY
 WHERE TO PUBLISH
Official Gazette Newspaper of
 A government gazette (also known as
general circulation
official gazette, official journal, official
newspaper, official monitor or official
in the Philippines
bulletin) is a periodical publication that
 EO No 200, 18 June 1987
has been authorized to publish public
or legal notice  Tañada vs Tuvera

“Publication must be in full or it is no

publication at all since the purpose is to It is enough that it is published for
inform the public of the contents of the the dissemination of local news
law” and general information
Tañada vs Tuvera, 146 SCRA 446
CASES
 “LAWS”
Scope of the term “laws” in Article 2 of the Civil Code

Presidential Administrative Monetary Board Municipal

Decrees and Rules and Circulars Ordinance
Executive Orders Regulations

Presidential Decrees Administrative rules Circulars issued by the Municipal Ordinances

and executive Orders and regulations are Monetary Board are are not covered by
promulgated by the required to be required to be Article 2 of the Civil
President in the published if their published if they are Code but the Local
exercise of legislative purpose is to enforce or meant not merely to Government Code.
powers, whenever the implement existing laws interpret but to fill the
same are validly pursuant also to a valid details of the Central
delegated, must be delegation Bank Act
published.
CASES
CASES
Article 14, NEW CIVIL CODE
Penal laws and those of public security and
safety shall be obligatory upon all who live or
sojourn in Philippine territory, subject to the
principles of public international law and to
treaty stipulations.
 Exceptions:

Treaty Stipulations

Principle of
Laws of Preferential Application

Principles of Public International

Law

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CASES
Article 15, NEW CIVIL CODE
Laws relating to family rights and duties, or to
the status, condition and legal capacity of
persons are binding upon citizens of the
Philippines, even though living abroad.
CASES
CASES
Article 16, NEW CIVIL CODE

Real property as well as personal property is subject

to the law of the country where it is situated.

However, intestate and testamentary successions,

both with respect to the order of succession and to the
amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated
by the national law of the person whose succession is
under consideration, whatever may be the nature of
the property and regardless of the country wherein
such property may be found
CASES
Article 17, NEW CIVIL CODE

The forms and solemnities of contracts, wills, and other public

instruments shall be governed by the laws of the country in
which they are executed.

When the acts referred to are executed before the diplomatic

or consular officials of the Republic of the Philippines in a
foreign country, the solemnities established by Philippine laws
shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and

those which have for their object public order, public policy and
good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
 B. THE EFFECTS AND APPLICATION OF LAWS

Article 18, NEW CIVIL CODE

In matters which are governed by the Code of
Commerce and special laws, their deficiency
shall be supplied by the provisions of this
Code.
 C. COMPUTATION OF TIME
Article 13, NEW CIVIL CODE
When the laws speak of years, months, days or
nights, it shall be understood that years are of
three hundred sixty-five days each; months, of
thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.

If months are designated by their name, they

shall be computed by the number of days which
they respectively have.

In computing a period, the first day shall be

excluded, and the last day included.
D. PRINCIPLES ON THE APP
LICATION OF LAWS
Ignorance of the law excuses
no one from compliance Why ignorance of
therewith. the law excuses no
one?
The presumption of knowledge of Laws under
Article 3 of the civil code is CONCLUSIVE
 Ignorance of Law vs.
Ignorance of Fact
While ignorance of the law is no excuse, ignorance of fact may excuse a party from
the legal consequences of his conduct.
 FOREIGN LAWS
There is no conclusive presumption of knowledge of Foreign Laws

Doctrine of
Processual 01 02 03
Presumption

Courts cannot It must be It must be

take judicial properly proved as a fact
notice of them pleaded
CASES
CASES
CASES
 Retroactive Law
Laws shall have prospective effect unless the contrary is expressly provided

A retroactive law is one intended to affect

transactions which occurred, or rights which accrued,
01 before I became effective

Purpose
The obligatory force of law presupposes that it has
02 been promulgated and made known to the citizen;
hence, a law that has not yet become effective
cannot be considered as conclusively known by the
people

To make the law binding even before it has taken

03 effect may lead to arbitrary exercise of the
legislative power
 Exceptions
In the following instances, laws may be given retroactive effect:

1.
When the law itself provides
for retroactivity
4.
2. When the law is curative
Penal laws favorable to the
accused
5.
3. When the law creates new
If the law is procedural substantive rights
CASES
CASES
 E. MANDATORY AND DIRECTORY LAWS

Article 5, NEW CIVIL CODE

Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law
itself authorizes their validity.
 If the law commands that something be done, it is mandatory.
If the law commands that something should not be done, it is prohibitory.
If the law commands that what it permits to be done should be tolerated or respected, it is
permissive or directory

Acts executed against the provisions of mandatory or prohibitory laws are void.
Except:

1. 2. 3. 4.
When the law itself When the law Where the law Where the law
authorizes its makes the act merely makes declares the act void,
validity although valid, but the act but recognizes legal
generally they punishes the voidable effects as arising from
would have been violator it
void.
 F. WAIVER OF RIGHTS

Article 6, NEW CIVIL CODE

Rights may be waived, unless the waiver is
contrary to law, public order, public policy,
morals, or good customs, or prejudicial to a
third person with a right recognized by law.
 Requisites of a valid waiver
In order that a person may be
considered to have validly
renounced a right, the following
requisites should be present: 3. He must have the capacity
to make the renunciation
1. He must actually have the
right which he renounces.
4. The renunciation must be
made in a clear and unequivocal
manner
2. He must have knowledge
of its existence
CASES
CASES
CASES
G. Equity in the
Application of Laws
In case of doubt in the interpretation
or application of laws, it is presumed
that the lawmaking body intended
right and justice to prevail

It is the sworn duty of the judge to

apply the law without fear and favor,
to follow its mandate, not to temper
with it

Equity which has been described as justice

outside legality is applied in the absence
of, and never against, statutory or judicial
rules of procedure
 Laws are repealed only by subsequ
ent ones, and their violation or non-
observance shall not be excused by
disuse, or custom or practice to the
contrary.
H. Repeal When the courts declared a law to
of Laws be inconsistent with the Constitutio
n, the former shall be void and the l
atter shall govern.

Administrative or executive acts, or

ders and regulations shall be valid
only when they are not contrary to t
he laws or the Constitution.
Repeal Express Repeal
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Requisites o
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I. Jurisprudence and
Duty of the Court to
Decide
Judicial decisions applying or
interpreting the laws or the
Constitution shall form part of
the legal system of the
Philippines

No judge or court shall decline

to render judgment by reason
of the silence, obscurity or
insufficiency of the law

In case of silence, obscurity or

insufficiency of the law: apply
the custom of the place, and in
default thereof, the general
principles of law and justice
 Courts are important because they help protect our constitutional rights to equal

Why do court
protection and due process under the law.

Both criminal and civil courts provide the opportunity for the parties to have their

s exist? cases heard by neutral judges and/or juries. This process ensures that all cases
are decided in a fair and consistent manner.

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Courts provide a forum to resolve disputes and to test and enforce laws in a fair
and rational manner.
Courts are an impartial forum, and judges are free to apply the law without
regard to the states wishes or the weight of public opinion but in line with human
rights.

Court decisions are based on what the law says and what the evidence proves;
there is no place in the courts for suspicion, bias or favouritism. The procedures
and decisions must be accessible and transparent and apply the rights found in
the European Convention on Human Rights (ECHR). This is why justice is often
symbolised as a blindfolded figure balancing a set of scales, oblivious to
anything that could detract from the pursuit of an outcome that is just and fair.

Courts exist to do justice, to guarantee liberty, to enhance social order, to resolve

disputes, to maintain the rule of law, to provide for equal protection to all
regardless of background and to ensure the due process of law.
 B. THE EFFECTS AND APPLICATION OF LAWS

CASES
 B. THE EFFECTS AND APPLICATION OF LAWS

CASES
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