Professional Documents
Culture Documents
Civil Code Article 1 - 18 Notes by Tolentino
Civil Code Article 1 - 18 Notes by Tolentino
I. INTRODUCTION TO LAW
A. Concept of Law
1. General sense (derecho) the science of moral rules,
founded on the rational nature of man, which govern his
free activity, for the realization of the individual and
social end, of a nature both demandable and reciprocal
Set of obligatory rules established for the
purpose of governing the relations of people in a
society
2. Specific sense (ley) juridical proposition or an
aggregate of juridical propositions, promulgated and
published by competent organs of the State in
accordance with the Constitution
Rule of conduct, just, obligatory, promulgated by
legitimate authority, and of common observance
and benefit
B. Foundations of Law regulates the relations of human
beings so that harmony can be maintained in a social
group, by placing restrictions on individual liberty in order
to make co-existence possible. Law is founded on: ORDER,
CO-EXISTENCE and LIBERTY
C. Characteristics of Law
1. Rule of human conduct
2. Promulgated by competent authority
3. Obligatory
4. Of general observance
D. Law and Morals have a common ethical basis and come
from the same source: social conscience
1. Laws have a legal sanction and can be enforced by a
public authority
2. Morals more extensive; also covers mans relationship
with the divine
E. General Divisions of Law
1. Divine Law that which is God himself is the legislator
who has promulgated the law
2. Human Law that which is promulgated by man to
regulate human relations
a. General or Public Law
i.
Reason:
A person may renounce what has been
established to be in his favor or benefit because he
prejudices nobody; he alone is to blame
Requirements:
1. He must actually have the right which he renounces
2. He must have the capacity to make such renunciation
3. The renunciation must be made in a clear and
equivocal manner. If no formality is required, it is tacit
provided that the intent to renounce can be clearly
established
Scope Doctrine of waiver is applicable to all rights and
privileges that a person is legally entitled to the person
and for his sole benefit
Obligations in general, cannot be renounced. A person
may exempt himself from an obligation inherent in a right
upon renunciation of such right
Art. VII Laws are repealed only by subsequent ones, and
their violation or non-observance shall not be excused by
disuse, or custom or practice to the contrary.
Reason laws cease to have effect only through the will of
the State. As long as the law remains in statute books, its
legal force and effect subsists
Lapse of Laws laws without any repeal, cease to have
effect because they lapse on their own
Kinds of Repeal:
1. Express or declared repeal contained in a special
provision of a subsequent law
2. Implied or tacit repeal when the provisions of the
subsequent law are incompatible or inconsistent with
those of an earlier law
**IF THERE IS A CONFLICT BETWEEN THE OLD AND
THE NEW LAW, THE RULING IS IN FAVOR OF THE NEW
LAW BUT IF BOTH LAWS
BY REASONABLE
CONSTRUCTION CAN STAND TOGETHER, BOTH WILL
BE SUSTAINED
Requisites for implied repeals:
1. The laws cover the same subject matter
2. The latter is opposed to the other