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386 CHAPTER 1: EFFECT AND APPLICATION OF LAWS ART 1: This act shall be known as the “Civil Code of the Philippines” Civil Code – collection of laws which regulate the private relations of the members of society, their rights and obligations with reference to persons, things and civil acts Philippine Civil Code – we used to adapt the civil code of Spain in 1889; - made up of Spanish, English and American patterns - Code Commission Sources of the Civil Code (6): 1. The Civil Code of 1889 2. Code, laws and judicial decisions and other works of jurists of countries like Spain, France, Argentina, Mexico, England, Italy 3. Doctrines from the Supreme Court of the Philippines 4. Filipino customs and traditions 5. Philippine statutes (Marriage Law, Divorce Law, Rules of Court) 6. Code Commission itself Reasons for Foreign Element: 1. Contact with Western culture for 4 centuries (Romans) 2. From Anglo-American law, a. Its culture has been incorporated into Filipino life, b. Economic relations will continue in the future and c. American and English courts have developed certain rules that are not recognized in 1889 constitution 3. Concept of right and wrong are the same through out the world *Customs introduced in the new Civil Code are family relations and succession Arrangement of the Code: 4 Books: 1. Book I – Persons
2. Book II – Property, Ownership and Its modifications 3. Book III – Different Modes of Acquiring Ownership 4. Book IV – Obligations and Contract Subjects are omitted when 1. No contracts or wills in the Philippines refer to the said subject or 2. If it is not in accordance to Filipino values Example: dowry, censos, use and habitation Language of the Code - While the form is English, the substance/content is Spanish and Filipino
ART 2: Laws shall take effect after 15 days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication Effectivity of the Code – became effective on AUGUST 30, 1950 Effectivity of Laws – if statue does not provide its own date of effectivity, provisions of the NCC shall apply ART 3: Ignorance of the law excuses no one from compliance therewith. Presumption of Knowledge of Law – Once a law has been promulgated and taken effect, it is the duty of everyone to know it. Can’t escape it’s effects by saying that he doesn’t know the provisions Reasons for Article: 1. Social life will be impossible because most laws can’t be enforced due to their being unknown to many 2. Absurd to absolve those who are not aware of the law and increase obligation to thise who know 3. Almost impossible to prove the contrary if s/he claims that s/he is innocent 4. To remind the people what they have to do
3 Elements of a right: 1. When the law itself expressly provides (by the Legislative power) but: a. In case of laws creating new rights ART 5: Acts executed against the provisions of mandatory or prohibitory laws shall be void except when the law itself authorizes their validity Mandatory Vs. Curative Statutes – undertake to cure errors and irregularities.What Laws Covered – those of the Philippines (mandatory and prohibitory laws only) *It’s IRREVOCABLE * Ignorance of fact (not aware of a certain fact) may excuse someone from the legal consequence but not ignorance of law (committed the act without knowing that that is against the law) * Lawyer cannot be disbarred for an honest mistake or error of law since no man is supposed to know the law perfectly ART 4: Laws shall have no retroactive effect. Object – things and services intended for the satisfaction of human wants . Remedial statues – applicable for pending cases to insure better administration of justice since it refers to the method of enforcing rights or of obtaining redress of their invasion 3. Must not constitute an impairment of the obligation of contract **Penal Statues – only if it is in favor of the accused who is not a habitual criminal 2. The law itself would be inconsistent (repeal) 3. unless the contrary is provided Retroactive law – Punishing an act even before there was a law stating that it is punishable by law (Time) – Reasons why there should be no retroactive effect: 1. morals.Exceptions: 1. Violation doesn’t refer to the essential matter – nullity will be more disadvantageous than validity Example: marriage – lack requisite. Violate constitutional provisions b. Passive – duty-bound to suffer enforcement 2. public policy. May lead to arbitrary exercise of the legislative power 2. Should not make it an ex post fact law b. retroactive in operation but should not: a. children are legitimate ART 6: Rights may be waived. Directory Law Mandatory Relate to matters of substance Affect substantial rights Essence of the thing required to be done Directory Mere matter of form Not material and do not affect substantial rights Not the essence of the thing to be done Directory law – Not possible to violate them – Not intended by the legislature to be disregarded – Courts must determine consequence of not obeying them Mandatory law – Violation renders the act illegal and void When the Law authorizes validity (exempted and free from sanctions): 1. People wouldn’t know what to follow . Destroy vested rights of third persons c. or good customs or prejudicial to a third person with a right recognized by law. unless the waiver is contrary to law. Example: After annulment. In case of laws interpreting others – clarifies doubts 5. marriage is still valid but the persons involved are criminally liable 2. Depend on the consent of the parties involved 3. Injustice would be committed 4. Subject – rights exist for persons. Can’t affect judgment that has become final 4. public order. 2 kinds: a. Active – demands enforcement of right b. Declare nullity but consider effect legally existing.
if full ownership.right cannot be waived if the waiver is contrary to public interest or public order. and their violation or non-observance shall not be excused by disuse.“Human rights” .if both laws can by reasonable construction stand together. to morals or good customs. right is merged in the owner of the property b. or custom or practice to the contrary When the courts declare a law to be inconsistent with the Constitution.shouldn’t use the old law (before repeal) unless it is clearly said ART 8: Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines .contained in a special provision of subsequent law 2.no need for special declaration . 3 classifications: a. Family rights . orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. the thing becomes res nullius and may be acquired by occupation o Personal rights – right to collect debt (renunciation: must have consent of the debtor) Waiver – relinquishment of the known right – may be express or implied – requisites: o Must have the right he renounces o Must have capacity to renounce o Must be in a clear and unequivocal manner – Doctrine is applicable to all rights to which a person is legally entitled Obligations . Express/Declared Repeal . Patrimonial rights . Implied/Tacit Repeal .subsequent law is inconsistent with the earlier law . or it may be repealed by the legislative department or declared unconstitutional by the judicial branch 2 kinds of repeal of a law: 1.can be waiver .pending law must be dismissed Repeal of Repealing law . Rights of personality . but once the right is waived.tend to the economic satisfaction of me . Efficient Cause – gives rise to the legal relation 2 Kinds of Rights: 1.cant be waived b. Statutes may lapse by its own terms. a person may be exempted from it Prohibited Waiver .conflict must be resolved in favor of the later law .rights as a family member .2 kinds of Patrimonial rights: o Real rights – ownership. both will be sustained .not subject to waiver c. mortgage (renunciation: unilateral and depends upon the exclusive will of the owner of the right) *Effects from renunciation: a.cannot be renounced. the former shall be void and the latter shall govern.rights that protect human personality . Political – participation in the Gov’t 2.3. or to the rights of a third person Example: political and penal laws ART 7: Laws are repealed only by subsequent ones. increase of share of the coownership c.governed by rules on retroactivity of laws . Administrative or executive acts. Civil – includes all others.2 requisites: (1) same subject matter (2) latter is repugnant to the earlier Example: when later has lower penalty for same act or when new grants absolute divorce Effect of Repeal of Law .
public order or public policy shall not be countenanced Courts will not recognize the force of a custom in opposition to positive law Custom . (Separation of powers) Judge can formulate and declare the law as applied concretely to the case before him Role of Jurisprudence: 1.Decision of the court is not a source of law because their power is to interpret and not create laws. When those who have the best means of knowing it are ignorant of the custom. obscurity or insufficiency of the laws. . Applied ONLY in case of doubt EQUITY there can be no justice if the application of the law is not made with equity Equity may correct and modify bare written law ART 11: Customs which are contrary to law. Does not apply to the criminal prosecution because when there is no law punishing the act. should apply the rules that may deem reasonable and just (must not violate the fundamentals of law) . it is a positive evidence of its non-existence. it is presumed that the lawmaking body intended right and just to prevail.first look into the general principles underlying the positive law of the land. morals or public order ART 12: A custom must be proved as a fact. and when exhausted. Adapt and adjust rigid and inflexible provisions of law to the changing conditions of the society *must be flexible Stare Decisis – requires courts to follow the rule established in a decision of the Supreme Court ART 9: No judge or court shall decline to render judgment by reason of the silence. the court cannot deny even if the court thinks it is an unjust law Judicial decisions serve to fill gaps in the application of the law Origin Form Custom Society Tacit – manifested in acts or usages Spontaneous Unwritten law Law Gov’tal power Express – manifested in solemn and official form Conscious creation Written law General Principles of Law – (1) universal juridical standards dictated by correct reason or (2) the principles which serves as the basis for positive law in each country Limitation of the general rule: They should not be in conflict with the general or particular provisions of the law .Requisites (6): (1) Various resolutions of a juridical question raised repeatedly (2) Uniformity of the acts to the juridical question (3) General practice by a social group (4) Continued performance for a long time (5) General conviction that the practice is obligatory (6) Practice is not contrary to law. according to the rules of evidence. the case must be dismissed Lack of knowledge regarding the law applicable to the case is not a reason to dismiss the case Judge must invent new ideas and theories for whatever deficiency the positive law has What the law grants.General principles of law are not applicable unless they are alleged in the absence of an applicable law or unless the law or legal doctrine is cited **Must always promote public welfare ART 10: In case of doubt in the interpretation or application of laws. Fill the deficiencies of legislation and provide a rule for the facts of a given case 2.
that is. it shall be understood that years are of 365 days each. they shall be computed by the number of days which they respectively have. In computing a period. but what’s used in the legal sense is a period of 30 days *First day is not include but the last day should be included * ‘Prescribed or allowed by the Rules of Court’ * No necessity for computation when the date is FIXED. months.ART 13: When the laws speak of years. days or nights. ‘calendar month’. Week – period of 7 consecutive days. days of 24 hours and nights from sunset to sunrise. If months are designed by their name. months of 30 days. when the act is to take place at a specified future date. start on Sunday and end on a Saturday Month – ‘lunar month’ (28 days). . the first day shall be excluded and last day included.
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