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2012 Bar Reviewer in Civil Law

2012 Bar Reviewer in Civil Law

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Published by: Jimboy Guinto Fernandez on Jun 30, 2012
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09/08/2013

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I. Effect and Application of LawsNew Civil Code
A. When law takes effect
 After 15 days following the completion of its publication in the Official Gazette, orin a newspaper of general circulation, unless it is otherwise provided.
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B.Ignorance of the Law
Excuses no one from compliance therewith.
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C. Retroactivity of Laws
Laws shall have no retroactive effect, unless the contrary is provided.
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D. Mandatory or Prohibitory Laws
 Acts which are contrary to mandatory or prohibitory laws are void, except when the law itself authorizes its validity.
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Art. 2This refers to the 15-day period and not to the requirement of publication. (
Tanada vs. Tuvera,
G.R.No.L-63915, Dec. 29, 1986)Administrative rules and regulations must also be published if their purpose is to enforce orimplement existing laws pursuant to a valid delegation. The publication must be infullor it is nopublication at allsince its purpose is to inform thepublic of the contents of the law. (
Phil. Int’l TradingCorp. vs .Angeles
)
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Art. 3Considered a conclusive presumption and applies only to mandatory and prohibitory laws. (
Consunji vs.CA
)Philippine laws are covered. There is no conclusive presumption of knowledge of foreign laws. Evenour courts cannot take judicial notice of them. Ignorance of a foreign law will not be a mistake of lawbut a mistake of fact.Ignorance may either be of law or of fact. Ignorance of fact (
ignorantia facti 
)may excuse a party fromthe legal consequences of his conduct; but not ignorance of law, for
ignorantia juris neminem excusat 
.In specific instances provided by law, mistake as to difficult legal questions has been given the sameeffect as a mistake of fact, e.g., Art. 526, par. 3 which provides: "Mistake upon a doubtful or difficultquestion of law may be the basis of good faith."
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Art. 4
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Art. 5
 
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E. Waiver of Rights
Rights may be waived, unless the waiver is contrary to law, public order, publicpolicy, morals, or goodcustoms, or prejudicial to a third person with a right recognized by law.
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F. Repeal of Laws
Laws are repealed only by subsequent ones, either expressly or impliedly. Their violation or non-observance shall not be excused by disuse, custom or practice to thecontrary. When the courts declared a law to be inconsistent with the Constitution, the formershall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only whenthey are not contrary to thelaws or the Constitution
.
6
G. Judicial Decisions
 Judicial decisions applying or interpreting the laws or the Constitution shall form apart of the legal system of the Philippines.
7
H. Duty to Render Judgment
No judge or court shall decline to render judgment by reason of the silence,obscurity or insufficiency of laws.
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Art. 6
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Art. 7
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Art. 8Only Supreme Court decisions establish jurisprudence; decisions of other judicial or quasi-judicialbodies are merely persuasive.This principle, however, does not mean blind adherence. The duty of the Court is to abandon anydoctrine found to be inviolation of the law in force.
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Art. 9This article does not apply to criminal prosecutions, bec. when there is no law punishing an act, thecase must be dismissed, however, reprehensible the act may seem to the judge (Tolentino).If the law is vague or obscure, the court should clarify it in the light of the rules of statutoryconstruction; it is silent or insufficient, the court should fill the deficiency by resorting to
customs or general principles of law.
 
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I. Presumption and Applicability of Custom
In case of doubt in the interpretation or application of laws, it is presumed that thelawmaking body intended right and justice to prevail.
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Customs which are contrary to law, public order or public policy shall not becountenanced.
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 A custom must be proved as a fact, according to the rules of evidence.
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J. Legal Periods
 When the lawsspeak of years, months, days or nights, it shall be understood thatyears are of three hundred sixty-five days each; months, of thirty days; days, of twenty-fourhours; and nights from sunset to sunrise.If months are designated by their name, they shallbe 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
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K. Applicability of Penal Laws
Penal laws and those of public security and safety shall be obligatory upon all wholive or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.
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Art. 10
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Art. 11
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Art. 12
Custom
is defined as "a rule of conduct formed by repetition of acts, uniformly observed (practiced)as a social rule, legally binding and obligatory." The law requires that "a custom must be proved as afact, according to the rules of evidence." On this score the Court had occasion to state that "a localcustom as a source of right cannot be considered by a court of justice unless such custom is properlyestablished by competent evidence like any other fact." The same evidence, if not one of a higherdegree, should be required of a foreign custom
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Art. 13Superseded by Sec. 31, Book I of EO 292 (Administrative Code of 1987) w/c provides thatSec. 31.
Legal Periods.--
"Year" shall be understood to be twelve (12) calendar months; "months" of thirty (30) days, unless it refers to a specific calendar month in which case it shall be computedaccording to the number of days the specific month contains; "day," to a day of twenty four (24) hours;and "nights," from sunset to sunrise.This article applies only to legal provisions and not to contracts, where the parties may stipulate onthe manner of computing years, months and days (Baviera).
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Art. 14

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