Question An

If the law is silent as to its date of effectivity, when will that law take effect?
1 1
Can Congress do away with publication of a law? Can Congress provide a law
to become effective even in the absence of publication?

2 2

May the publication of the law be made in the internet?

3 3

What if a certain law will be passed by Congress, RA 12779 and it will be

passed this year, what if in that law it will be Information Technology Act of
the Philippines 2017. What if that law will provide that it shall take effect 15
days after its publication in the Official Gazette. Will that be valid? Can
Congress add another venue for publication other than Official Gazette or
4 newspaper of general circulation? 4

If the law says that it shall take effect immediately upon its approval and the
law was approved by Congress on March 1, passed by Congress on March 1,
approved by the Pres on April 1, published completely in a newspaper of
general circulation on May 1. When will that law become effective?
5 5

What is the Doctrine of Presumed Identity Approach?

6 6
 There is a foreigner, a Dutch national, married to a Filipina. They had a 2 year
old child.
The Dutch went back to his country and obtained absolute divorce and went
back to the Philippines and married to another Filipina. Since the divorce, he
has not been giving support to the child. When the child was already 10, the
former Filipina spouse filed violation of RA 9262 for refusing to support the
child since the child was 2 years old. Under his national law, the defense of
the Dutch, after a divorce, a parent has no longer the obligation to support
the child. The Dutch failed to prove the existence of that law in the criminal
action. Is it a valid defense?

7 7

8 In Art. 3 CC, what kind of law is contemplated? 8

Is there a conclusive presumption of knowledge of foreign laws?
9 9
If a foreign law will be necessary in resolving a case pending before a
10 Philippine Court, will our court take cognizance of said foreign law? 10

What are the exceptions to the rule that laws shall be given prospective
application only?
ANSWER:

11 11

What is an ex post facto law?

12 12
 How are laws repealed?

13 13

When the laws says that this Act “All laws, presidential decrees and issuances
14 which are inconsistent with this Act are hereby deemed repealed”, is that an 14
express repeal?
What are the requisites of an implied repeal?
15 15

Why is implied repeal not favored?

16 16

What is the difference between repealed of a law and the declaration of

17 unconstitutionality? 17
If the repealing law itself is repealed, what is the effect upon the law which it
previously repealed?

18 18

What is the effect of declaration of unconstitutionality?

19 19

When the law speaks of a year, what does it mean?

20 20
 Is there a situation wherein the provision of the CC is applicable insofar as the
meaning of a year is concerned?

21 21

Under the Administrative Code, what is one year from January 15, 2017?

22 22

Is 12 calendar months the same with 12 months?

23 23

When the law speaks of a month, what does it mean?

24 24

25 When the law speaks of a day what does it mean? 25

When the law speaks of a night, what does it mean?
26 26
What is the principle of generality?

27 27

Smith Case – military serviceman charged with rape and Ivler case- charged
with another crime. The contention of Ivler’s mother is that his son should
28 also be treated as the same with Smith and be under the US Custody. Is that 28
tenable?

What are the exceptions to the principle of generality?

29 29

What are the matters covered by the application of the Nationality principle
rule?
30 30

On the matter of validity of divorces, the SC tells the applicability of Art. 15,
why are we following the nationality rule in determining the validity of a
divorce?
31 31
 Can foreigners obtain a decree of divorce here in the Philippines?
32 32
Filipino citizens are married but living in a foreign country where a divorce
decree is recognized as valid. One of them obtained a decree of divorce
33 capacitating him to remarry. Is the decree of absolute divorce obtained by the 33
citizen of the Philippines valid?

What if the one who secured a divorce is a foreigner married to another

foreigner? One of them wants to remarry in the Philippines and applied for
recognition of the judgment of divorce. Can our courts recognize the
34 34
existence of such judgment providing for an absolute divorce obtained by the
foreigner?

What is the principle of Lex Rei Sitae?

35 35
An Australian is married to a Filipina. The two is interested in buying a house
and lot in Paranaque. For the purpose of determining the legal capacity of the
parties to acquire that house and lot, which law are we going to apply?

36 36

What are the exceptions to the principle of Lex Situs even if the properties are
involved?
37 37

What do you mean by order of succession? (An American living in Texas

married to a
Filipina. They have an illegitimate child -of Filipino nationality following the
citizenship of the mother. The foreigner died. The brothers of the foreigner
claim that the illegitimate child is not an heir of the father under the law of
38 Texas. In resolving that issue of whether or not the child is an heir of the 38
father even if the properties subject of succession are in the Philippines, what
law do we apply?)

The father executed a will with an illegitimate child be he later recognized as

his. When he executed his will, he gave all of his properties to his siblings,
none was given to the illegitimate child and the properties are here in the
Phil. The will is to be probated in the Phil. The illegitimate child opposed the
39 probate alleging that the will is not valid because he was preterited. The 39
siblings claimed no preterition because under Texas Law, there is no
compulsory heir and an illegitimate child is not a legal heir. In resolving the
issue of preterition, what law do we apply?

What is the Doctrine of Lex Loci Celebrationis?

40 40
 If the issue is the extrinsic validity and intrinsic validity of a contract, what is
the law applicable?
41 41

What is Damnum Absque Injuria?

42 42
43. How does it Damnum Absque Injuria differ from Abuse of Right?

43 43

What is Accion In Rem Verso?

44 44

What is the difference of In Rem Verso with Solutio Indebiti?

45 45

A made a promise of marriage to B but broke it. Can B sue for damages?

46 46

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 Answer
If the law is silent as to its own effectivity, then it shall take effect only after
fifteen (15) days following its complete publication.
In Tanada vs Tuvera case, the Court ruled that Article 2 of the CC does not
preclude the requirement of publication in the Official Gazette even if the law
itself provides for the date of effectivity since the clear object of the law is to
give the general public adequate notice of the various laws which are to
regulate their actions and conduct as citizens.

Publication of laws may either be in the Official Gazette or in a newspaper of

general circulation in the Philippines.

Yes. In EO 200 amending Art 2 of the NCC, that can be subjected to an

amendment in Congress, expressly or impliedly.

May 1. A statute which its terms provides for its coming to effect immediately
upon approval thereof, is properly interpreted as coming into effect
immediately upon publication thereof in the Official Gazette as provided in
the Art 2 of the CC.

Also known as the Doctrine of Processual Presumption. A foreign law must be

properly pleaded and proved as a fact. Thus if the foreign law involved is not
properly pleaded and proved, our courts will presume that the foreign law is
the same as our local or domestic or internal law.
ANSWER? Yes. Ordinarily, it is the national law of the foreigner that will apply.
Under Art. 15 of the CC, “Laws relating to family rights and duties, or to the
status, condition and legal capacity or persons are binding upon citizens of
the Philippines, even though living abroad. Page 36

Assuming that the foreigner will be able to prove the national law of the
Dutch, if you were the Philippine Court, will you apply that law?
ANSWER: No. The Philippine Court may refuse recognition of the foreign law
if such law
is contrary to public policy.

Assuming that the foreigner was not able to prove the existence of the
foreign law, how will you decide the case?
ANSWER: I will convict the accused. Applying the Doctrine of Processual
Presumption,
if the foreign law involved is not properly pleaded and proved, our courts will
presume that the foreign law is the same as our local or domestic or internal
law. Under the Family Code, parents are required to support the child and
failure to do that is a violation of RA 9262.

If it is the mother who failed to give support, will she be liable for RA 9262?
ANSWER: No. The law only punishes the father for violating the rights of
women and their children.

Substantive Law
No. Even our courts cannot take judicial notice of them. They must be
specifically alleged and proved.
No. Even our courts cannot take judicial notice of them. They must be
specifically alleged and proved otherwise the Doctrine of Processual
Presumption applies.

a. If the law itself provides for retroactivity

Exceptions:
a. When the retroactivity of a penal statute will make it an ex post facto law
b. When the retroactive effect of the statute will result in impairment of
obligation of contracts.
b. Penal laws favorable to the accused except if the accused is a habitual
delinquent
c. If the law is procedural
d. When the law is curative
e. When the law creates substantive rights

It is one that would make a previous act criminal although it was not so at the
time it was committed. It is penal in nature. To be an ex post facto law, the
law must: 1) refer to criminal matters; 2) be retroactive in its application 3)
prejudicial to the accused.
Laws are repealed in two ways:
1)express or 2) implied.
An express repeal is that contained in a special provision of a subsequent law.
Implied repeal takes place when the provisions of the subsequent law are
incompatible with those of an earlier law and there is no express repeal.

No. It fails to identify or designate the act or acts that are intended to be
repealed.

a. The laws cover the same subject matter, and

b. the latter is repugnant to the earlier.

Because of separation of powers, the fundament is that the Legislature

should be presumed to have known the existing laws on the subject and not
have enacted conflicting statutes. Implied repeals are not favored because
they rest only on the presumption that because the old and the new laws are
incompatible with each other, there is an intention to repeal the old.

Both are ways of rendering a law ineffective but the difference is that the
former is a legislative act while the latter is a judicial act.
The effect of a repeal of the repealing law shall depend on whether the
previous repeal was express or implied:
Express Repeal: When a law which expressly repeals a prior law is itself
repealed, the law first repealed shall not be thereby revived unless expressly
so provided.
Implied Repeal: When a law which impliedly repeals a prior law is itself
repealed, the prior law is itself repealed, the prior law shall thereby be revived,
unless the repealing law provides otherwise.

Our Court adopted the view that before an act is declared unconstitutional it
is an “operative fact” which can be the source of rights and duties.

CC (1950)- 365 days whether it be a regular year or a leap year while in the
Administrative Code (1987), it composed of 12 calendar months. The SC
declared that the provision of Sec. 31, Chapter VIII, Book I of the 1987
Administrative Code, being the more recent law, governs the computation of
legal periods with respect to counting “a year”.
None. The Administrative Code impliedly repealed Art. 13 of the CC (CIR vs
Primetown Property Group, Inc) insofar as the meaning of the year is
concerned because both laws are concerned with the computation of legal
periods (1st requisite of implied repeal) and the provisions are in conflict and
irreconcilable (2nd requisite of implied repeal).
Example: one year from January 15, 2017, exclude first day, start counting on
the 16, (16,28,31,30,31,30,31,31,30,31,30,31) six 31s, four 30s, one 28, one 16 =
350 plus 15
days of January 2018 which is January 15th
-if it is leap year, the 365th day is January 14, 2018 Under the CC, the actual
number of days matter.

January 15, 2018

If leap year, January 15, 2016, using the CC, one year will fall on January 14,
2017 but under the Administrative Code, one year is January 15, 2017, the
number of days immaterial.

No. The provision of the law under Sec.31, Chapter VIII, Book I of the 1987
Administrative Code speaks of twelve calendar months which differs on 12
months which is only 360 days (12x30).
It is understood to be 30 days unless it refers to a specific calendar month in
which case it shall be computed according to the number of days the specific
month contains.
24 hours
It means from sunset to sunrise. It is important in Labor Law in terms of night
differential; Criminal Law because it is an aggravating circumstance.
Philippine penal laws and those of public security and safety are obligatory
upon all who live or sojourn in Philippine territory.
Principle of Territoriality (Art 4) and Prospectivity (Art 22) – under the RPC
whereas the Principle of Generality is under the CC Art. 14

No. In the case of Smith, he was under the VFA while Ivler was in his
individual capacity applying Art. 14 CC which states that “Penal laws shall be
obligatory to all who lives or sojourn in Phil. Territory subject to the principles
of international law and treaty obligations.

a. Treaty Stipulations
b. Laws of Preferential Application
c. Principles of Public International Law
Family rights and duties, status, condition, and legal capacity are governed by
the personal law (Law of Domicile-if this country is following the domiciliary
theory or the National Law-if this country is following the nationality theory of
the person concerned Art. 15

It talks about the status or condition of the person. In divorce, Philippine

nationals are covered by the policy against absolute divorce as against public
policy and morality whereas aliens may obtain divorces abroad, which may be
recognized in the Philippines, provided they are valid according to their
national law.
No because divorce is not recognized in our jurisdiction. A decree of divorce
can only be obtained abroad.
No. The Nationality principle (Art.15) governs matters affecting the status or
condition of a person. Philippine law does not provide for absolute divorce. A
marriage between two Filipinos cannot be dissolved even by a divorce
obtained abroad, because of Art. 15 and 17 of the CC.

Yes. Aliens may obtain divorces abroad, which may be recognized in the
Philippines, provided they are valid according to their national law.

Art. 16 CC provides that real and personal properties are subject to the law of
the country in which they are situated.
Philippine law applies following the Lex Situs. Foreigners are prohibited from
acquiring private lands except by way of hereditary succession (consanguinity
or succession by operation of law which includes compulsory or intestate and
not testamentary). On the matter of real property, it is not the nationality
principle that will apply on the matter of legal capacity, it is the Lex Situs that
will apply even on the matter of legal capacity by way of exception to Art. 15
CC. All issues affecting properties, even legal capacity or formalities are to be
governed by Lex Situs and not by Lex Loci Celebrationis especially on lands.

a. order of succession
b. amount of successional rights
c. intrinsic validity of testamentary provisions (Art. 16 of the CC) and
d. capacity of the heir to succeed (Art.1039 of the CC)

Texas law will apply because the issue is order of succession. Order of
Succession refers to who are the heirs under the law.

Texas law will apply because the issue is whether one is a compulsory heir or
not which is the primary question in resolving the issue of preterition which is
a matter involving order of succession or amount of successional rights and
also the intrinsic validity of testamentary disposition even though the
property is located in the Philippines.

First Paragraph of Art. 17 CC provides that the forms and solemnities of

contracts, wills and other public instruments are governed by the laws of the
country in which they are executed.
Art. 17 1st Paragraph on Lex Loci Celebrationis. Intrinsic validity of a contract
is governed by the proper law of the contract or “Lex Contractus”, which may
either be the law of the place voluntarily agreed upon by the contracting
parties (lex loci voluntatis) or the law of the place intended by them expressly
or impliedly (lex loci intentionis).

It refers to the damage resulting from the legitimate exercise of a person’s

rights is a loss without injury for which the law gives no remedy.
In both there is injury but in Damnum Absque Injuria, the injury is not
actionable hence there is no ground for recovery of damages. InDamnum
Absque Injuria, there is good faith while in Abuse of Right, there is bad faith.

Art 22. of the CC tells that if a person acquires something at the expense of
another without just cause or legal ground through an act or performance by
another or any other mans has the obligation to return the same. It
contemplates a delivery of plaintiff something to the defendant which the
latter is not entitled without legal ground or cause but there is no mistake.

Solutio Indebiti is a concept that there was payment in mistake where

someone gained. It can result to an action for recovery of what has been
unduly delivered based on solution indebiti.
In In Rem Verso, there is also an action for recovery of something that has
been unduly delivered but without mistake. The SC held that the most
important requisite of Accion In Rem Verso that will distinguish it from Solutio
Indebiti, citing the cases of LBP vs Ong and UP vs Philab Industries Inc, the
plaintiff must have no other legal remedy under contract, quasi-contract,
delict or quasi-delict. If he has available course of action under either of those
four, it is not an In Rem Verso. Solutio Indebiti is a form of a quasi-contract
hence if one has available action under such quasi-contract, he cannot resort
to an Accion In Rem Verso.

No. It is not an actionable wrong citing the case of Villafuerte vs CA. Congress
deliberately eliminated from of the New Civil Code that would have made it
so. The reason is set forth in the Senate Committees on the Proposed Civil
Code telling the legislative intent of Congress. Hence, the SC look into the
Committee Draft. Under the Statute of Frauds Art 1403 (c), any agreement in
consideration of marriage other than mutual promise to marry are one of the
agreements unenforceable by action.