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PRELIMINARY TITLE Chapter 1 EFFECT AND APPLICATION OF LAWS Article 2 (Date of Effectivity) Date of Effectivity of laws ♣ On the date stated on the statute ♣ If no date, 15 days after the publication (count starting on the day of publication as 1st day up to the 16th day. i.e. date of publication feb 1 counted as as 1st day, feb 2 as 2nd day… feb 16 as the 16th daythat is the day the law would take effect) Publication- official gazette, newspapers of general publication No publication is needed: 1. when the law is not punitive nor mandatory (does not provide penalties) 2. permissive or suppletory laws 3. when the law is only for an administrative agency or policy (that which only affects a certain agency or department and does not affect the general public) Date of Publication of NCC –August 30, 1949 Date of Effectivity of NCC- August 30, 1950 Article 3 (ignorance of law) Ignorantia legis non excusat –Ignorance of the law excuses no one ♣ Maxim applies to all kinds of laws whether civil or penal ♣ Also applies to jurisprudence- not only to the words of the law itself but also to the meaning or interpretation given to said law by courts of justice ♣ Does not apply to foreign laws ♣ Foreign laws must be alleged and proved as matters of fact Ignorance of law- violation or non-compliance of the law does not excuse anyone from civil and criminal liability Ignorance /Mistake of fact – there is compliance with law but does something wrong because of some other mistake; does not incur criminal liability provided there is no negligence
Ignorance of law based on good faith- not excused but liability is mitigated provided that the law violated is doubtful or difficult to comprehend Article 4 (Retroactivity) Laws are prospective, not retroactive Reason: If retroactive, laws would cause injustice, punish individuals for violations of laws not yet enacted Exceptions: 1. If the law itself provide for retroactivity 2. If laws are remedial in nature (laws or procedure) 3. In penal laws if favorable to the accused who is not a habitual delinquent 4. if laws are of an emergency nature 5. if curative- purpose is to cure errors or irregularities 6. if substantive rights must be declared for the first time unless it is impaired Article 5 Mandatory laws- something which must be followed Prohibitive laws- laws that prohibit an act (a type of mandatory law, also called negative) Two types of mandatory legislation: 1. positive – when something must be done 2. negative or prohibitory Directory laws- does not result to invalid acts Permissive laws Exceptions refered to by article 5 1. When the law makes the act voidable (ex. Voidable marriages) 2. when the law makes the act valid but subjects the wrong doer to criminal liability 3. when the law makes the act void but recognizes its legal effects 4. if the law, even if inherently void, makes it valid Article 6 (Waiver of Rights) General rule – rights may be waived Exceptions: 1. If contrary to law 2. Prejudicial (might affect a right) to a third person Right – the power or privilege given to one person and as a rule demandable of another Two subjects in a right: 1. active – the person entitled
passive – the person obliged to suffer the enforcement of a right Rights may be: 1. are not laws but form part of the law. it should be abandoned How judicial decisions are abrogated: ♣ By a different ruling by the supreme court ♣ By legislation Article 9 (Decline to render judgment. uniformly observed as a rule of society 2 .2. if there is a date stating its expiration 2. Customs not contrary to law. public policy 6. personal rights – against a particular person 3. there must be a right that is renounced 4. custom or practice contrary to law) does not repeal the law Repeal of repealing law: If the repealing law is repealed. must not prejudice others with a right recognized by law Example of rights that cannot be renounced: 1. i. if the situation calls for its expiration. there is no repeal ♣ If the general comes after. the first law repealed by the former shall not be revived unless provided Operative Fact Doctrine – a legislative or executive act is valid and must be complied with prior to its being declared as void or unconstitutional Article 8 (Judicial decisions. prejudicial to a person with a right recognized by law Article 7 (Repeal of Laws) Manner of repealing laws: 1. Natural rights 2. i. if found contrary to law. etc) 4.e. the general expressly declared special as repealed 2.legal system) Judicial decisions are evidence of what the law means. etc 2. once a case has been decided one way. for some must comply with some formalities 5. morals. those would infringed upon public policy. alleged rights that do not yet exist 3.e. real rights – enforceable against the whole world 2. must not be contrary to law. establish the contemporaneous legislative intent Judicial decisions contemplated in article 8 are decisions by the Supreme Court Doctrine of Stare Decisis ♣ adherence to antecedents.. waiver must be clear 3. there is conflict 3. opinion of highly qualified personalities (professors. intention towards right and justice) Dura lex sed lex – the law may be harsh but it is still the law If the law is clear. person waiving must be capacitated when he made the waiver 2. the new law repeals the old one) General and Specific laws If there is conflict between a general and specific law: ♣ If the general law was enacted before the special. Expressly 2. judge can base his decision on the following: 1. Impliedly (if there are inconsistencies with the new and the old law. then another case involving the same point at issue (and more or less similar set or sets of facts) should be decided in the same manner ♣ No matter how sound a doctrine may be. rules of statcon Article 10 (in case of doubt. silence or obscurity of law) If law is silent. it must be applied even if harsh Article 11 (Customs should not be contrary to law) Article 12 (Customs proved as fact) Custom – rule on human action established by repeated acts. public order. writers. to be heard in court 4. foreign and other local courts’ decisions 3. the special becomes the exception to the general. waiver – intentional or voluntary relinquishment of a right Requisites for a valid waiver: 1. emergency powers of the president Non-observance of the law (disuse. if the general law intended to replace the special law Laws may lapse or expire without repeal: 1. the specific remains unless: 1.
exclude feb 1. feb 11 as 10th day If the last day is a Sunday or a holiday. treaties or judgment if against Philippine prohibitive laws is invalid. include last Ex: 10 days from feb 1.Art. not ordinarily terminable at his own will. custom must be proved as fact 2. count feb 2 as 1st day. an act can be done the following day Article 14 (Penal Laws obligatory upon who live or sojourn) Territoriality and generality of penal laws. capacities (Bouvier’s Law Dictionary) Nationality Principle ♣ Filipinos are governed by Philippine laws (national law) ♣ Foreigners are governed by their own national laws ♣ Article 15 is a rule of private international law Applicable to: ♣ Family rights and duties ♣ ♣ ♣ Status Condition Legal capacity Some rules/exceptions: ♣ Capacity to enter into an ordinary contract is governed by the national law. but not applicable to the substance If the act is done abroad but executed before diplomatic and consular officials.movable Intestate – one who dies without a will ♣ The national law of the person who dies will govern the succession with respect to amount and order of succession ♣ Regardless of where the property is located Testate Order of Succession Renvoi. more or less permanent in nature. a problem arising when the national law of the deceased refers to the law of his domicile and the latter would refer back to his national law Article 17 (Formalities of Contracts) Lex loci celebrationis – place where the contract is entered into ♣ Applicable only to the extrinsic validity of the contract. there must be juridical intention (custom being equated to laws) Article 13 (Time/Period) 1 Year – 365 days (leaps years are not considered. sufficient lapse of time 5. additional days are not counted) 1 month – 30 days 1 day – 24 hours Nights – sunset to sunrise If by name of month: January = 31 days Feb = 28 days/ 29 days March= 31 days Period: exclude first day. Chapter 2 3 . its form and solemnity.Requisites for courts to consider customs: 1.referring back. piece of land ♣ Personal property. duties. The validity of foreign laws.applied to anyone who live or sojourn in the Philippine territory Exceptions: ♣ immunities from treaty stipulations ♣ immunities from principles of international laws/ laws of preferential application (Art 2 RPC) Article 15 (Filipinos governed by national laws) Status – personal qualities and relations. feb 3 as 3rd. not where the contract was entered into (but the formalities follow the law of the place-. Philippine laws apply for the form and solemnity Third paragraph of Article 17: ♣ Act done even is validated by foreign laws. 17 NCC) ♣ Foreigns and foreign companies engaged in commerce in the Phils are subject to their national laws ♣ For some other rules refer to Article 16 NCC Article 16 (Laws on Property and Succession) Lex rex sitae – law of the place or country where the property is located Applicable to: ♣ Real property –immovable property. not contrary to law 3. sum total of person’s rights. etc does not invalidate our laws. repeated 4.
UE vs. morals A person may not defy a law but if he.contrary to law ♠ Article 21. The state or society 2. He offends two entities: 1.hence not described in the RPC..e. there is civil liability. cause damage to another by doing something contrary to good customs.No civil liability in the following: ♠ In offenses that are mala prohibita or those punished by special laws ♠ If the criminal offense has no specific person who can claim for the injury. morals Examples under article 21: ♠ Misconduct ♠ Breach of promise to marry Breach of promise to marry is not per se an actionable wrong When damages can be recovered from breach of promise to marry: ♠ When there is carnal knowledge (promise to marry was used to obtain carnal knowledge): There is seduction If it constitutes tort If the woman becomes pregnant If money was advanced and given to the defendant ♠ There is no carnal knowledge. The party claiming damages must sustain the loss 2.a person who is criminally liable is also civilly liable. Jader) In criminal offenses-. Act with justice 2. ex. the plaintiff also at fault (i. The loss must be proximate and natural cause 4. with impunity. Only possible if: ♠ If the act that caused the damage or injury is not punishable by law. Article 21 Difference between article 20 and 21: ♠ Article 20. mutually having carnal knowledge out of lust). observe honesty and good faith In all exercise these standards must be observed Principle of Abuse of right A person who in the exercise his right.the person is liable for the injury caused Exceptions. The individual There can be civil liability even if acquitted with a criminal offense. there can be no damages Pari delicto – in equal guilt. Existence of legal right or duty 2.contrary to good customs. give everyone his due 3. (ex. The party against whom they are claiming must be guilty 3. Hence the 4 . has unmindfully caused damage to another.HUMAN RELATIONS Article 19 Good Faith – honest intention to abstain from taking any unconscientious advantage of another Malice or bad faith – conscious or intentional design to do a wrongful act for a dishonest purpose Standards for human conduct: 1. The wrong complained must be unlawful Article 20 person is acquitted beyond reasonable doubt because he did not violate a law ♠ But the act done has caused damage or injury. With the intent of causing damage to another Requirements for liability: 1. He is held liable for damages Elements: 1. If the injury is self inflicted there can be no recovery for damages. rebellion or other security offenses Damnun absque injuria – damage without injury – self inflicted injury. Exercised in bad faith 3. there can be damages Article 22 Article 20 punishes illegal acts done either willfully or negligently There should be a right that was impaired If there is damage or injury because of neglect. Treason. if act resulted in tort or money is advanced or given to defendant There is no breach of promise to marry when: If there is promise to marry and the marriage never occurred but there continued to be carnal knowledge and if carnal knowledge is out of mutual lust.
generic sense. The property is not yet lost. disability. The person who has the custody of a mislaid property has the obligation to return the same. not discretionary There should be neglect of duty There must be material or moral loss Unfair competition is punishable under Article 189 of RPC Anyone who does an act that would defeat free enterprise and fair competition. he shall be held liable Article 29. ignorance. The property still belongs to him even if under the custody of another. Parens patriae – state is the guardian of the rights of the people Article 25 Requisites for article 25 ♠ There is a declaration of public want or emergency ♠ There extravagance in expenses or pleasure ♠ The extravagance was displayed Only government or charitable institutions can ask for the order from the court to stop the extravagant display Article 26 Emphasis of the rule: ♠ Dignity ♠ Personality ♠ Privacy ♠ Peace of mind Article 27 Requisites: The duty referred is ministerial. and in the act he uses intimidation. indigence. mental weakness.. not only “physical injuries” as a felony but all that kinds of bodily injuries including death Article 34 A police officer is liable if he neglects or decline to render service and due to his neglect a damage or injury was sustained. Article 24 Social Justice principle The law protects those who are at a disadvantaged position by causes of moral dependence.Article 28 Solutio indebiti – no shall be unjustly enriched or benefited at the expense of another If a property is left by the owner in a private premise. Article 23 There is civil liability if a person has unjustly enriched by an act that was not due to his fault but has caused damage to another. it is mislaid property. force.. The city or municipality is also liable subsidiarily Article 35 Article 36 Prejudicial question – is the civil issue where the guilt of a person committing a criminal offense or the continuation of the criminal procedure would rely Elements: ♠ There is a criminal offense ♠ The civil issue must be related to the offense ♠ The resolution of the civil action would determine if the criminal action could proceed ♠ The result of civil action would determine the guilt of the offender BOOK I 5 . etc. If the property is left in a public area. 31 (Read again) Procedures for civil and criminal action Article 32 List of constitutional rights of the citizens Violation of the rights even if did not amount to any crime would hold the violator civilly liable (Refer to the books or provision for the list) Article 33 The law allows the filing of a separate civil action distinct from criminal action for the ff cases: Defamation Fraud Physical injuries Physical injuries. deceit. it becomes lost in a legal sense. etc. 30.
acquired at the age of majority Person. he cannot dispose his property Family relations 2. physical or moral. considered as a person. Insane 3. Political or religious belief does not affect capacity to act Chapter 2 NATURAL PERSONS Article 40 Person – any being. Assure its existence 2. 8. Deaf-mute 5. Facilitates and protect its free environment 3. he constantly need guardianship Alienage . Age ♠ ♠ Age of majority is 18 A minor may not give consent to contract. Imbecile 4. or of being the subject of legal relations Personality is determined by birth A conceived child may be considered born for purposes favorable to it for example: donations for the conceived child It has rights protected by law Objectives for the law fixing the intrauterine life of the fetus: 1. curtailment of the right to vote. 4. subject of legal relations Elements of a right: 1. the contract is voidable Sickness. 7.but cleansed if the parent ratify the consent ♠ If one of the parties in incapable of giving consent. susceptible of right and obligations. Subject – persons involved. real or juridical and legal. absence Insolvency and trusteeship – if insolvent.must show a morbid state of mind and disposition. produces the legal relations Estate of decedent – estate/ property left by the deceased. deafmute persons can not be a witness in a will Penalty. Object – things upon which a right is exercised 3. 5. Minors 2. Accord it certain rights Two types of persons: 6 . efficient cause – the tie that binds the subject and object.those who were punished for offenses with temporary disqualification to hold office.a foreigner cannot acquire land in the phils. suspension from public office.an insane or demented person may not give a consent to contract. Becomes vested with the rights of the owner who died Union of juridical capacity and capacity to act is full civil capacity Juridical capacity can exist with capcacity to act but the existence of capacity to act implies the existence of juridical capacity Article 38 The following has restrictions on the capacity to act: 1. has rights and obligations. civil interdiction deprives one to vote during the time of sentence prodigality.physical or legal being.PERSONS Title I CIVIL PERSONALITY Chapter 1 GENERAL PROVISIONS Article 37 Juridical capacity – fitness to be subject of legal relations. 3. may be acquired and lost. Under civil interdiction They however have juridical capacity and are susceptible of rights and even obligations Article 39 The following limit or modify the capacity to act of some persons: 1. 6. inherent in every natural person Capacity to act – capacity to do acts with legal effect. either active(one who can demand) or passive (one who has the obligation or who has to suffer as a consequence of a right of another person) 2. Prodigals 6.
Constitution – state 2. A survives 4.e. Natural persons – human beings 2. Private ♠ Private corporations ♠ Partnerships ♠ Foundations Private corporations start to exist as soon as a certificate of incorporation is granted to it Personality of the members of a juridical person is distinct from that of the latter Partnership is a juridical person even if not registered provided validly constituted Article 45 Laws that govern juridical persons: 1.the members may be prosecuted ♠ Enter into contracts Article 47 What is applied upon dissolution of corporations in relation to their properties and assets: ♠ Laws ♠ Charter creating the corporation 7 . 2. Corporation Code and Civil Code – Private corporations and partnerships Article 46 Capacity of Juridical Persons: ♠ Acquire or possess property of all kinds ♠ Incur obligations ♠ Bring civil or criminal actions ♠ May sue and be sued ♠ May no be sued criminally. to which the law has granted capacity for rights and obligations 3 classifications (Albano) 1. State and its political subdivisions 2. i. Local government code – Lgu’s like provinces. Ex. A under 15 or over 60. Entities for private interests or purposes 2 Classifications (Paras) 1.1. contracts and wills. to determine who died first or who survive: A and B under 15 – the older survives A and B above 60 – the younger survives A under 15 and B over 60. A and B over 15 and under 60: ♠ Male and female . cities and municipalities 3. Juridical or artificial persons – associations and corporations having legal existence Concept of personality ♠ Personality is the aptitude to be subject of rights and obligations ♠ Personality is the consequence of juridical capacity which in turn is merely a consequence of human nature ♠ Personality may suffer limitations because it is a result of capacity to act Article 41 Fetus is born after it is completely separated from the material womb after the cutting of umbilical cord If the fetus has intra-uterine life of less than 7 months: ♠ Not born if it dies within 24 hrs after complete delivery ♠ Born if it dies after the 24 hrs from complete delivery Purpose of provision: inheritance and succession Article 42 Death – cessation of life Civil death – a person even living has lost his civil rights. Entities for public interests or purpose 3.male survives ♠ Same sex – the older survives 5. Public: ♠ Public corporations ♠ State 2. a person convicted and by virtue of conviction and sentence is considered civilly dead Civil personality is extinguished by death but certain rights and obligations of the deceased remain and is determined by law. 3. Succession The death of the deceased does not extinguish the personality of his estate Article 43 Rules 1. B over 15 and under 60 – B survives Chapter 3 Article 44 JURIDICAL PERSONS Juridical persons – an abstract being formed for the realization of collective purposes.
If there is no law or charter. the properties shall be applied to similar purposes for the benefit of the region. province city or municipality 8 .
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