HIGHLIGHTS OF READING ASSIGNMENT

CIVIL LAW REVIEW I - October 15, 2020, Thursday

A. General Principles of Law

1. Art. 9 – No judge or court shall decline to render judgment by reaso of the silence, obscurity or
insufficiency of the law.
2. Art. 10 - In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail.
3. Art. 11 -Customs which are contrary to law, public order or public policy shall not be
countenanced.
4. Art. 12 – A custom must be proved as a fact, according to the rules of evidence.

B. Computation of Periods
1. Art. 13 –
a. when the law speakes of years, months, days or nights – 360 days, 30 days, 24 hours,
sunrise to sunset
b. when months are designated by their name
c. computation of a period
2. Rule if the last day is a Sunday or holiday
a. in an ordinary contract
b. when the time refers to a period prescribed by Rules of Court or by order of the court
or by any applicable statute

C. Theories of Teeritoriality and Generality

1. Art. 14 – Citizens or aliens who commits a criminarl offense here are subject to the jurisdiction
of the Philippines. Our penal laws cover both citizens and aliens.
2. Exceptions –
a. Principles of International Law – Diplomatic officials and visiting heads of state
b. Treaty Stipulations Philippines- United States Miilitary Bases Agreement

D. Nationality Principle (Conflict Rules)

1. Art. 15 - Nationality Principle – The laws of the Philippines relating to family rights and duties or
to the status, conditions abd legal capacity shall be binding and apply to its citizens even though
living abroad.

E. lex Rei Situs ( Conflict rules)

1. Art. 16 – Property, whether real or personal shall be governed by the law of the country
where it is situated.
2. Exception – Regardless of where the property is located, the national law of the person
concerned shall govern intestate and testamentary succession particularly with respect to a)
the order of succession and b) the amount of successional rights and c) the intrinsic validity of
testamentary provisions
3. Examples of application of doctrine of les rei sitae –
a. shares of stock of a foreigner
b. bank deposits in the Philippines
 4. Example of application of exception to the rule – Is an illegitimate recognized child of a foreigner
whose country does not allow her/him to inherit entitled to inherit the parcels of land located
in the Philippines?

F. Doctrine of Lex Loci Celebrationis

1. Art. 17 – The forms and solemnities of contracts, wills and other public instruments shall be
governed by the laws of the country in which they are exectued.
2. Exception – When the acts referred to above are executed before the diplomatic or consular
officials of the Philippines in a foreign country, the solemnities established under Philppine laws
shall be observed in their execution. (Principle of Exterritoriality)

G. Human Relations –
1. Art. 19 – Every person must in the exercise of his rights and performance of his duties –
a. act with justice
b. give everyone his due
c. observe honesty and good faith.
2. Acting with justice and giving another one his due
a. Art. 20 – indemnification of another due to illegal acts
b. Art. 21 – indemnificarion due to immoral acts
c. Art. 24 – unfair competition
d. Art. 22 – Unjust enrichment
3. Observance of honesty and good faith
a. Art. 26 – respect for personality and dignity of others
b. Art. 25 – restraint of undue extravagance
c. Art. 31 – independent civil actions

H. Rules/Jurisprudence on Actions for Breach of Promise to Marry

1. For recovery of actual damages - actual damages may be recovered for wedding expenses if one
party fails to appear
2. For recovery of moral damages –
a. General rule – there can be no recovery of moral damages for a breach of
promise to marry
b. Exception –
i) if there be criminal seduction as defined under the Penal Code
ii) if there be “moral seduction” – by a woman 10 years older than the man
c. If the promise to marry is founded on carnal intercourse, no suit for breach of
promise can prosper (Insonv. Belzunce, 32 Phil 342)

I. Protection of the Weak and Handicapped

1. Art. 24 - Parens Patriae – The soverign power of the state in safeguarding the rghts of persons
under disability, such as the insane and incompetent. Examples of laws - PD 602 – Child and
YouthWelfare Code, Labor Code

J. Refusal or Neglect in the Performance of Ofifcial Duty

1. Art. 27 – This refers to a public servan in the performance of his official duties. Other similar
laws are Ra. 3019 – Anti Graft and Corrupt Practices Act and Code Ethical Conduct for Public
Officials