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P. 1
PFR Civil Law Book 1 Lecture Notes

PFR Civil Law Book 1 Lecture Notes

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Published by: Cattleya on Nov 21, 2011
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01/26/2013

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5/30/2009 1:02:00 AM
 
1lrbs_ssbc-r_2009
Black Font - lecture notesDark Blue Font ± additional notes from codalMaroon Font ± additional notes from AlbanoViolet Font ± additional notes from UP Bar Ops reviewerDark Green Font ± Sempio Dy
 
E
ffect & Application of Laws
7/4/2009 7:52:00 PM
 
1lrbs_ssbc-r_2009
What is Civil Law?
-treats of a person, his family relations, property rights,succession, obligations and the contracts he enters into
 4 Books of the Civil Code
I.
 
Persons & Family RelationsII.
 
PropertyIII.
 
SuccessionIV.
 
Obligations and Contracts
D
ifferentiations
CIVIL LAW COMMON LAWForm Statutory law (unwritten) case lawWhere Former Spanish Colonies US, UKCIVIL LAW COMMON LAWCompilation of all civil laws
Publication of Laws
 
E
.g.Jan 1 ± Congress approved the Anti-pornography LawFeb 1 ± signed by the PresidentFeb 15 ± driver got a copy of the video tape and distributed it.Hayden Kho filed a case against the driver for violation of the Anti-Pornography Law?Q: Does Hayden Kho have a COA against the driver?A: No. The law has not yet been published. As a general rule, laws take effect 15 daysafter their publication, except where it is otherwise provided.Art 2
E
ffectivity of Laws GR: 15 days after publication in anewspaper of general circulationX: when otherwise providedGR: Publication is an indispensable requirement for a law to be effective (Tanada v.Tuvera)X:
DI
L
IM
 a.
 
Municipal ordinanceb.
 
Internal in naturec.
 
Letters of instructiond.
 
Interpretative in nature
o
 
X to X:
FE
D
 
 
2
2.
 
E
nforces or implements an existing law3.
 
Diminishes a vested righte.
 
Decisions of the Supreme Court(If the problem does not indicate the type of law, qualify your answer)
ationale for publication
:Compliance with due processCf: Lara v. Del Rosario ± The Civil Code took effect on
Aug 30, 1950,
one year from itscirculation
 
y
 
The Code was approved on June 18, 1949, Publication of the Civil Code wason ____. But copies of the Civil Code were kept. They were circulated onlyon Aug 30, 1949.Assuming publication is indicated, find out where it is published.
Where should publication be made?
Publication is not only limited to the
official gazette
but it extends to a
newspaper of general circulation
.
E
lements of a newspaper of general circulation
:1. Regularity in the release2. Does not cater to a particular group (s.t. the Financial Times is not a newspaper of gen. circulation)Reconcile the effectivity clause in the law with the publication requirement.
y
 
If the law contains an effectivity clause, apply it.
o
 
If the effectivity clause says, ³effective upon the signing of thePresident,´ it becomes effective
on the date of publication
.
y
 
If the law has no effectivity clause, apply the 15 day period.
o
 
Cf: Article 13: exclude the 1
st
day of the period, include the last day.Article 3 does not apply to foreign laws. Mistake of facts, not ignorance of law, appliesto foreign laws.
D
octrine of Processual Presumption
± If there is failure to prove the foreign law incourt, the Court will presume that it is the same as Philippine law.Article 4:Art 4 Prospectivity of laws GR: Prospective applicationX: Retroactivity ± when the contrary isprovidedGR: Prospectivity of LawsX: RP C
E
C
E
 1.
 
Remedial in nature2.
 
Penal Laws favorable to the accusede.g. Application of illegal possession of firearms to Robin Padilla

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