An Ls rere PRELIMINARY TITLE 1 fect and Application of Laws CHAPTER 1 EFFECT AND APPLICATION OF LAWS Article 1. This Aet aball be known Philippines” (a) the "Civil Code of the Article 2. Laws shall take effect afer fifteen days following the completion oftheir publication inthe Oficial Gazette, unless it [S otherwise provided. This Code aball take effet one Seat ‘ther such publication (18) Article 3. Ignorance ofthe law excuses no one from compliance therewith. @ (an the publiation eguirmint be dupensed with on the bas ofthe dla ales bers provid und Arle the Now i Cis? NO, Tecnu ‘sneer praia th en a ed tnd ot tothe reqoroment of puliewton Pabbeaen ‘a a2 ‘Rrutonur oe sea whl pot oder to eee ren ‘Tver, 15 SORA SI) rey pero i pruned to kw the law. Can ths pesuytion be ave by sts hat he pron ein fat no king tweens of a? N0.The preeumplintconluive See Tada v. Tver, 4a) tile 4 Laws shall have no cetroctve effec, unlaue the contrary Isprovided:@) Wat i rtrpective lepton? ‘hese legislations with octiv fit. We ae tenstanao when a ae may be ren ert at? Aw maybe given rtoativ effet nth allowing nena (a hon it cxpreny proton retest, {0 Whe itera a red (o When itn prin (4) When itp in carer avr th ond By: BLOCK B2013 Ae 148 PRELIMINARY TITLE 2 Effet and Application of Laws @_ What we the instances when the aw cannot be gen retreciity? ‘AL Ala cant be gven trove fet inthe filling instances (q) When itimparscobgaon of cotrats (When aficts vod rights, (0) When il alt pending proneinge (Ser Bxinte¥ Cipriano, 65 SCRA, 59. What curtiv or mi apiation? AL Wien pe of etrapectivlgulation dt rates bask pst ent to caret ttre or iregulrtn and to wade wld nd efitive mam ate wih ‘eal ethers be inate fr he purpose the partis intended DBP CA, 98, SRA 34) ‘Atile Act executed against the provisions of mandatory 0 Drobibitory laws shall be void, exept when the lw Tacit ‘ithorins tel val @Whencan avidin af mandatory or prin levste vai? A. ison when th nw anf athonan the validity that ton iain of hae laws avd deaf (ie 5, now Col Coe) Article 6 Rights may be waived, unio the waiver is contrary to law, gublic order, public policy, morals, or geod curtomn, or rejudelal wa third persn with right recogaaed bs law. @ Whencanawavorbe ensidrd ata tive waive? A. Awsvrin fai whonit akong and itlgnt waiver” The means thet ‘he pene know that «ght ox nd hat owed oto to the ‘min tho right waived wath an ewarooe te cneeno. (Se Cnet YPCA.OR No 17813, Ap 2, 2001) Article 7. Laws are repealed only by subsequent ones, and thelr ion or nonabeervance shall tot be excuned by dinune, oF ‘practice tothe contrary. When the courts declared law to be inconsistent with the Constitution, the former shall be void end the latter shall govern By: BLOCK B2013An 118 PRELIMINARY TITLE 3 Ect and Application of Laws ‘Administrative or executive act, orders and regulations shall be Walid only when they are not contrary to the laws or the ESTES mre sod oxetia she ome to art Acs seer rule, whor apart of nw ela soso ther pare Se dedered seach wl al te upheld Homer wh he ther proven ae m0 Turuly pendent and cneted with the Uneaten prov 10 ‘react tele thatthe paltry intended them to be whl, thone othe Foie mu fall (Sr iden COMELEC, 21 SCRA A) al decisions applying of interpreting the laws + the Constitution shall form part ofthe legal eyetm of th Philippines. @) Acticl 8. No judge or court shall decline to render judgment by ‘eavon ofthe silence, obscurity or invuliciency ofthe awe. (6) [Article 10. Incase of doubt inthe interpretation or appliction| ‘flaws its presumed thatthe lewzeting body intended ight find Justice to prevail) Article 11, Cantons which are contrary to ln, public order or Dblic policy shall not be countenanced. (2) Article 12A custom must ba proved at fact, according tothe tiles of evidence. Can cmarts ta js notin fata? AL NO Acuom mus be prod a fic aang tthe de of wit 12 New Gil Ca) Article 18.When the laws speak of years month, days or Bight it shall be understood that years sro of three hundred sity-five days each; months, of thirty days days, of twenty: ‘ourhours; and nights from raneet to wunziae. If months re designated by thelr name, they shall be computed by the numberof days which they respectively have. By: BLOCK B2013 ae 8 PRELIMINARY TTTLE 4 Effi and Application of Laws {In computing a period, the first day shall be excluded, and the last dey included. (7) @ Xd sina nme tox retur on Api 15,188 X, horse dsanored thet be riade esreanve payment Hone be Sled « daim tar rfund before. the ‘mnieaonr Internal Reverse (TR) cp Deere 5,108 Iwes dein On ‘Apa 1 3000 he led an ation eran ete Co of Tax Appeal CTA. Fomevr it was dasa the grind that ser the ae, ssa fr fund ‘hunt fled within 2 yar fom he date of payment. Ase to CTA. to Years ‘Shattite 72) days purnuant to Asin Id af the New Chel Coe Hee [rempton hed tine Ap 4, 2000 which the 7 day’ sno th yar 2000, [sale yer Ise CTA comet? ‘AL NO. Arde 18 of the Sw Cin Cade was impliedly repealed by the 1987 ‘Amini Cod, Under the lato, "yar hull beundestoas12elondar ‘months. Isa peed umn rom th Bening of etn nur dy wp 0 [Rot icang the erecting mura day othe ext moth. Two year ‘means ent)-ur meats repardees ofhe nur of dae tho ment. Hence, tm Ap 15, 188 p14, 2000. See CTR. Frtonn Preperin Angas 28, 2007) Article 14 Penal laws and those of public security and safety ‘be obligatory pon all who live or sojourn ind Philippine territory, subject to the prineples of public Interuational law and to treaty atipulations. (8) @ re plomaticagets immune rm the radio of Philippine rina les? AL Yes byvstun ofthe 196 enna Cenvontin on Diplemate lations Art 15. Laws celating to family rights and duties, or to the status, condition snd logal capacity of pervons ave binding fipon sitivens of the Philippines, even though Tiving abrond ( @ What tho nationality rte? ‘AL Tho nationality tue states chet rgariss of whore a citaen of the Plppines might bo, he oF sho wil bo governed by Philippe Laws with spac thir or hor fay rights and dies of thir her atu, conan fn og expat By BLOCK 82013PRELIMINARY TITLE {fect and Application of Laws 1B Ia martied F ping ob i ail married ae divore in not allowed No In the eyo of Philippine law, (Gee Tonchavenv. Escano, 1680 ‘Art. 16. Real property as well as personal property is subject to. the law of the country where it irritated. Intestate and testamentary succession, both sith ‘of ucoeenion and to the amount of validity of the country wherein suld property miay be found. (10s) What is the gonoral rule with respect to the law that governs real and personal property? ‘The Inw that governs real and personal property is the law of the country where such property is situated. What isthe exception to the abovomentioned rule? With respect to the order of sucoession and the amount of succassional rights whether in intestate or testamentary sucession, they shall be regulated by the national law of the deceased, What law will apply if «foreigner exzcuted a will in tho Philippines but, who, at the time of his doath, was both « national of tho United States and als ‘omiciled inthe United States? ‘The law ofthe United States will apply. (See Bells v. Bellis, 20 SORA 258) Article 17. The forms and solernities of contracts, wills, and other public instruments shall be governed by the laws ofthe country i 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. Ant e 18 PRELIMINARY ‘TITLE 6 Efbet and Application of Laws Prohihitive lnws concerning persons, thelr acts or property, and those which have for thelr objet public order, public polley ftood customs shall not be rendered. ineffective by laws Judgments promulgated, or by determinations or conventions ‘agreed upon ina foreign country (118) What ln wil govern the fort and slomntin of publi instrunoents, wills and contraaa? ‘Thelaw ofthe country wher they are exscued Wont law will govern if public instruments are executed tule Philippine ilonaticofcersinwferign country? Philipyine law Is. Filipina wife who obtsined a divers abroad and remariod an American linblo foradalery? ‘Yor Pohiitive lnws concerning persons, thir acta or yropety, and those which have fo their cbject public onfar, puiie policy and good customs shal not bo rendered ineffective bylaws or judgments promulgated, cr by detorminations or Conventions agreed upen ina foreign country. (See Tenchaver v.Excano 15 SCRA, 305) Article 18. In matters which are governed by the Code of Commerce fend special Ins, their deficiency shall be supplied by the provisions ofthis Code. (16) hon shal tho Civil Code govern matters awvored by the Codo of Commerce and special awe? Only when thor is a diciony inthe Code of Commerce and special aws. CHAPTER 2 @ Human Relations (n) Article 19, Every person must, in the exereise of his rights end the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Article 20, Every person who, contrary to law, willfully or nogligently causes damage to another, shall indemnify the Intter for thesame.