CIVIL LAW REVIEW 1

MODULE 3

With this module, we officially begin our online course in Civil Law Review 1.

To help me chart my path forward as your professor, I revisited my teaching philosophy to the
new pandemic-induced situation. It consists of three short phrases:

Concepts are crucial. Civil Law is about important concepts. With so many Civil Law concepts
in varying degrees of importance, I believe that a question and answer method in an online
setting will make it easier for me to drive home these concepts.

Process over product. The process that will direct us to the product is just as important as the
product itself, if not more so. This is why I incorporated in this online course several Supreme
Court cases for you’re briefing. And more important, I also included in this course several
materials for you to read to allow you to work through this innovative method of teaching at your
own pace.

Relationships rule. I know that despite our efforts, you may find it difficult to understand
certain concepts. For this reason, I will keep myself available at all times for clarification of
certain concepts.

Let’s begin.

PRELIMINARY TITLE
EFFECT AND APPLICATION OF LAWS

QUESTION NO. 1
When do laws in the Philippines take effect?

Laws in the Philippines take effect after fifteen days following the completion of their
publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise
provided. (Art. 2, Civil Code, as amended by EO No. 200)
Art. 2. Laws shall take effect after fifteen days following the completion of their publication either
in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is
otherwise provided.

On th e
Q. Why is there a publication requirement for laws to be effective?

A. Art. 3. Ignorance of the law excuses no one from compliance therewith.

Once law is published, it is presumed that everyone knows about it and the government to a certain extent
expects that we must abide by it.

Reason for publication: It’s part of the due process.

1. Laws have to be published to satisfy due process requirement.

2. Laws require publication before they can become effective.

(CASE OF TANADA V. TUVERA)

Lorenzo Tanada who later on become a senator came to court with a group of lawyers called Mabini.
They claim that they have a long list of PDs, essentially laws and declarations made by the late President
Ferdinand Marcos. During this time, Pres. Marcos had the power to issue laws. They argued that they had
the right to know about these laws. That these decrees should be published before can they become
effective. The office of the solicitor general, essentially, the law firm that represents the Republic of the
PH argued that Tanada and his group Mabini did not have legal standing to sue.

Legal Standing:

Those who come to court must have some interest or some right that is directly affected, could be
affected or immediately threatened by another person’s action.

Gov’t position:

1) The case should be dismissed because Tanada is not affected by the PDs, and therefore, it is a waste of
time to hear him out.

2) The wording of the article 2 “unless it is otherwise provided” Kung ang PD ang naglalatag kung kalian
sya magiging effective if the law provides for its own methods of effectivity then it should not be
declared invalid. They argued na ito ay dapat pumasok sa “unless it is otherwise provided)

Supreme court: The publication of all presidential issuances "of a public nature" or "of general
applicability" is mandated by law. Obviously, presidential decrees that provide for fines, forfeitures or
penalties for their violation or otherwise impose a burden for the people, such as tax and revenue
measures, fall within this category. Other presidential issuances which apply only to particular persons
or class of persons such as administrative and executive orders need not be published on the
assumption that they have been circularized to all concerned.

It is needless to add that the publication of presidential issuances "of a public nature" or "of general
applicability" is a requirement of due process. It is a rule of law that before a person may be bound by
law, he must first be officially and specifically informed of its contents.
QUESTION NO. 2
How is the clause “unless it is otherwise provided” in Article 2 of the Civil Code
interpreted?

The clause refers to the date when the law is to take effect and not to the requirement of
publication itself, which cannot in any event be omitted.

The clause does not mean that the legislature may make the law effective immediately upon
approval, or on any other date, without its publication. Publication is indispensable in every case,
but the legislature may, in its discretion, provide that the usual 15-day period be shortened or
extended. An example of this is the Civil Code which did not become effective after fifteen days
from its publication but “one year after such publication.” The general rule did apply because it
was “otherwise provided.” (Tanada v. Tuvera, 146 SCRA 446 [1986]

NOTE: UNLESS OTHERWISE PROVIDED:

Pertains to the DATE OF EFFECTIVITY NOT to the requirement of publication itself which cannot
in any event be omitted. This does not mean that the legislator can make the law effective immediately
upon approval or on any other date without its previous publication

QUESTION NO. 3
What does the law requiring publication of laws comprehend?

The law requiring publication of laws comprehends all statutes, including those of local
application and private laws, which should be published as a condition for their effectivity, and
begins 15 days after their publication, unless the legislature fixes a different date for their
effectivity.

GR:
Covered by the law are administrative rules and regulations which are to be published if their
purpose is to enforce or implement existing laws pursuant to a valid delegation of power.
EXN:
Interpretative regulations and those merely internal to a government agency need not be
published. (Tanada v. Tuvera, 146 SCRA 446 [1986])

Supreme court:
 The publication of all presidential issuances "of a public nature" or "of general
applicability" is mandated by law. Obviously, presidential decrees that provide for fines,
forfeitures or penalties for their violation or otherwise impose a burden for the people, such as tax
and revenue measures, fall within this category. Other presidential issuances which apply only to
particular persons or class of persons such as administrative and executive orders need not
be published on the assumption that they have been circularized to all concerned.

It is needless to add that the publication of presidential issuances "of a public nature" or "of
general applicability" is a requirement of due process. It is a rule of law that before a person
may be bound by law, he must first be officially and specifically informed of its contents.

QUESTION NO. 4
The Administrative Code of 1987 requires every government agency to file with the UP
Law Center three certified copies of every rule adopted by it. Suppose an administrative
order is published by the UP Law Center in the National Administrative Register which is
required under the Administrative Code, is the administrative order valid?

No. The pronouncement of the Supreme Court in Tanada is clear: administrative rules and
regulations must be published if their purpose is to enforce or implement an existing law
pursuant to a valid delegation of legislative power. The only exceptions are interpretative
regulations, those merely internal in nature, or those so-called letters of instructions issued by
administrative superiors concerning the rules and guidelines to be followed by their subordinates
in the performance of their duties. That an administrative order is filed with and published by the
UP Law Center in the National Administrative Register, although required under the
Administrative Code of 1987, does not dispense with the requirement of its publication in the
Official Gazette or in a newspaper of general circulation.

(NOTE: In Republic v. Express Telecommunications Co., Inc., G.R. No. 147096, January 15,
2002, the Supreme Court invalidated the Rules of Practice and Procedure adopted by the
National Telecommunications Commission even if the rules were filed with and published by the
UP Law Center in the National Administrative Register. The Supreme Court emphasized the rule
that “publication in the Official Gazette or in a newspaper of general circulation is a condition
sine qua non before administrative rules and regulations can take effect.”)

QUESTION NO. 5
Is there a need to publish Supreme Court decisions in the Official Gazette as a condition to
their becoming effective or binding?

No. It is the duty of a lawyer who is in the active practice of law to keep abreast with decisions
of the Supreme Court, particularly those where issues have been clarified, reiterated, and
published in advance in the Supreme Court Reports Annotated (SCRA) and Supreme Court
Advanced Decisions (SCAD). (Roy v. Court of Appeals, G.R. No. 80718, January 29, 1988)

QUESTION NO. 6
What is the basis of the rule that ignorance of the law excuses no one from its compliance?

Art. 3. Ignorance of the law excuses no one from compliance therewith.

The rule is based on expediency as well as necessity. If the rule were otherwise, it would always
be possible for a person to evade both criminal and civil liability by claiming that he was not
aware of the existence of a law which would render him liable. (Askay v. Cosalan, 46 Phil. 179)
This rule, however, refers only to ignorance with respect to the application or interpretation of a
difficult or doubtful question of law. The latter may be the basis of good faith (Art. 526, Civil
Code) or may even create a quasi-contract of solutio indebiti. (Art. 2155, Civil Code)

Q. Why is there a publication requirement for laws to be effective?

A. Art. 3. Ignorance of the law excuses no one from compliance therewith.

Once law is published, it is presumed that everyone knows about it and the government to a certain extent
expects that we must abide by it.

Reason for publication: It’s part of the due process.

1. Laws have to be published to satisfy due process requirement.

2. Laws require publication before they can become effective.
3. Once the law become effective everyone must obey the law.

Q. When the laws become effective?

1. A law becomes effective on the date it so provides. WHENEVER THE LAW PROVIDES Ex. Train
law

2. If the law does not provide for its effectivity, then we must apply Art. 2 fifteen following/after their
publication

3. Shall take effect immediately upon its approval. When the law says, “it shall take immediately upon
approval it becomes effective immediately upon the PUBLICATION.

× Once a law is published it is conclusively presumed that everyone knows the law.
× Presumed or when the law makes a presumption: that makes a conclusion. This conclusion is
based from a fact or group of facts which when taken together clearly points to something.
Presumption:is an assumption as to the existence of a fact or set of fact.
Most of them are laid down by law others come from ordinary human
experience or common sense.
Example: Kung sa pagsilip ng bintana, may umuusok sa bubong ng kapitbahay mo at nagsisigawan ang
mga tao…..presumption: may sunog

Presumption always go to the proof or the burden of proof.

Kinds of presumption:

1) Juris tantum: a prima facie or face value presumption, also called rebuttable or disputable
presumptions.

Ex. Art. 1735 Civil Code

2) Conclusive presumption/juris de et jure: the law does not allow the presentation of evidence to
contradict the conclusion.

Ex. Art. 3 Civil Code

But with exceptions: Not knowing the law or a mistaken understanding of the law admits of the three
exceptions

1. Article 526

2. article 1334

3. Article 2155

Among these three, there is mistake, mistakes is based on doubtful or difficult question of the law, this
mistake produces effects which are nevertheless recognized by the law.

QUESTION NO. 7
Is there any difference between ignorance of the law and ignorance or mistake of fact?

Yes, there is. While ignorance of the law is no excuse for not complying with it, ignorance of the
fact eliminates criminal intent provided there is no negligence. In addition, mistake of fact may
vitiate consent in a contract and make it voidable.
QUESTION NO. 8
Explain Wharton’s concept of processual presumption.

processual presumption
Under Wharton’s concept of processual presumption (also known as presumed identical
approach), a foreign law is not within the scope of judicial notice. (Sec. 1, Rule 129, Revised
Rules on Evidence) It has to be proved as a fact in accordance with the rules of evidence. If the
proper foreign law is not established as a fact, for whatever reason, the presumption arises that
such foreign law is identical with the local law. (Wong Woo Yiu v. Vivo, 13 SCRA 552 [1965])
and the court shall then proceed to apply the local law.

(ALTERNATIVE ANSWER: The party whose cause of action or defense is dependent upon a
foreign law has the burden of proving the foreign law. Said foreign law is treated as a question of
fact to be properly pleaded and proved in conformity with the law of evidence of the State in
which it is presented. The reason for this is that a court is not authorized to take judicial notice of
a foreign law. When proof of a foreign law is absent, it is presumed that the foreign law is the
same as the domestic law)

In Republic of the Philippines v. Malabanan, 15 this Court distinguished a question of law from a
question of fact. A question of law arises when there is doubt as to what the law is on a certain state
of facts, while there is a question of fact when the doubt arises as to the truth or falsity of the alleged
facts. For a question to be one of law, the same must not involve an examination of the probative
value of the evidence presented by the litigants or any of them. The resolution of the issue must rest
solely on what the law provides on the given set of circumstances. Once it is clear that the issue
invites a review of the evidence presented, the question posed is one of fact. Thus, the test of
whether a question is one of law or of fact is not the appellation given to such question by the party
raising the same; rather, it is whether the appellate court can determine the issue raised without
reviewing or evaluating the evidence, in which case, it is a question of law; otherwise it is a
question of fact.16

Rule: Once the law is published and later on becomes effective they are bound to comply with it.
THIS WILL NOT APPLY TO FOREIGN LAWS. When a foreign law is used to terminate the
employment of an OFW or to prove the validity of divorce obtained in the US, then that foreign law must
be specifically alleged and proved in our courts. Our courts does not simply take JN of them or accept
them as the party relies on them. If a foreign law is not properly pleaded or proven in our courts, then our
courts simply presume that the foreign law is the same as our local laws.---Doctrine of processual
presumption or doctrine of presumed identity approach

Case:Orion savings bank v. Suzuki

Where a foreign law is not pleaded or even if pleaded is not proven, the presumption is that the foreign
law is the same as the PH law.
QUESTION NO. 9 retroactivity
What are the exceptions to the rule that laws have no retroactive effect?

Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.

The following are the exceptions to the rule that laws have no retroactive effect:

1. When the law itself expressly provides for its retroactivity (Art. 4, Civil Code);
2. When the law is penal in character insofar as it favors the accused who is not a recidivist or a
habitual delinquent, even though at the time of the enactment of such law final sentence has
already been rendered (Art. 22, Revised Penal Code);
3. When the law is procedural so long as it does not affect or change vested rights (Aguillon v.
Director of Lands, 17 Phil. 560);
4. when the law creates new substantive rights. (Arts. 2253, 2263, Civil Code; Bona v. Briones,
38 Phil. 276); and
5. when the law is curative in character in the sense that the purpose for its enactment is to cure
defects or imperfections.

Article 4. Retroactive effect: Ang bisa ng batas ay bumabalik mula sa petsa ng kanyang effectivity,
pabalik in backwards in time

Exn. To Exn to prospectivity:

a) an ex post facto law (ginagawa ang krimen na dati naman ay legal) ex. Bawal ang paggawa ng hand
sanitizer na may glitters, April 30, may 4---effective no violation

You cannot be held criminally liable for an act which was not a crime at the time you committed it.

b) new law will result in the impairment of obligation of contracts.

Congress can pass laws how parties to a contract relate with one another. No issue. Cannot be given
retroactive effect.

c) when penal laws are favorable to the accused. If the congress reduces the penalty for the crime of
robbery with homicide from reclusion perpetua to RC temporal, then the new penalty should be applied
retroactively.

EXN to EXN: Convicted felon is a habitual delinquent: Committed 3 crimes, crime committed are theft,
robbery, estafa or falsification, 10 years have elapsed from the conviction, or released from crime no. 2
and commission of 3rd crime.
Case: Systems factors corp. v. NLRC

Retroactive application of procedural laws is not violative of any rights of a person who feel that he is
adversely affected because no vested right may be attached to nor arise from procedural laws.

d) curative laws to cure laws or validate laws. To supple defects, abridge superfluities and curb certain
evils.

Case: Bona v. Briones

GR: laws must be applied prospectively

EXN: Can be applied retroactively e. if they create new substantive rights like the case of Briones
which involves rights to the succession

EXN to EXN:

1. When the law so provides. a) an ex post facto law b) new law will result in the impairment of
obligation of contracts.

2. when penal laws are favorable to the accused EXN to EXN: Convicted felon is a habitual delinquent:

3. when the law is remedial or procedural in nature

4. when the law is curative in character

5. When the law creates new substantive rights so long as they do not prejudice, change or remove
another right from the same origin

Rule: Foreigners cannot own land in the PH except those acquired before the 1935 Constitution and for
properties acquired through succession. Another Exn: Condominium Act: foreigners can acquire up to
40% condominium building, not the land

QUESTION NO. 10 penal law

When is a law a penal law?

A law is penal when it prescribes a criminal penalty imposable in a criminal trial. It is also penal
if it prescribes a burden or sanction equivalent to a criminal penalty (e.g. disqualification from
the practice of a profession) even if such burden or sanction is imposed in an administrative
proceeding. (Pascual v. Board of Medical Examiners, 28 SCRA 344)
Facts:
Salvador Gatbonton and Enriqueta Gatbonton filed an administrative case against Arsenio Pascual Jr.
for alleged immorality. At the initial hearing thereof, Gatbonton’s counsel announced that he would
present Pascual as his first witness. Pascual objected, relying on the constitutional right to be exempt
from being a witness against himself. The Board of Examiners took note of such a plea but scheduled
Pascual to testify in the next hearing unless in the meantime he could secure a restraining order from
a competent authority. Pascual filed with the Court of First Instance of Manila an action for
prohibition with prayer for preliminary injunction against the Board of Medical Examiners. The
lower court ordered that a writ of preliminary injunction issue against the Board commanding it to
refrain from hearing or further proceeding with such an administrative case and to await the judicial
disposition of the matter. Subsequently, a decision was rendered by the lower court finding the claim
of Pascual to be well-founded and prohibiting the Board "from compelling the petitioner to act and
testify as a witness for the complainant in said investigation without his consent and against himself."
Hence, the Board appealed.

Issue:

Whether a medical practitioner charged with malpractice in administrative case can avail of the
constitutional guarantee not to be a witness against himself.

Held:

Yes. The case for malpractice and cancellation of the license to practice medicine while
administrative in character possesses a criminal or penal aspect. An unfavorable decision would
result in the revocation of the license of the respondent to practice medicine. Consequently, he can
refuse to take the witness stand.

The right against self-incrimination extends not only to right to refuse to answer questions put to the
accused while on witness stand, but also to forgo testimony, to remain silent and refuse to take the
witness stand when called by as a witness by the prosecution. The reason is that the right against self
incrimination, along with the other rights granted to the accused, stands for a belief that while a crime
should not go unpunished and that the truth must be revealed, such desirable objective should not be
accomplished according to means and methods offensive to the high sense of respect accorded to the
human personality. (Pascual vs. Board of Medical Examiners, G.R. No. L-25018, May 26, 1969)

https://lawphil.net/judjuris/juri1969/may1969/gr_l-25018_1969.html

QUESTION NO. 11 police power

S sells to B a residential lot in an exclusive subdivision in Makati City. The document of
sale says that not more than one single-family building should be constructed on the
property, the plans and specifications of which must be approved by the seller. The
document of sale further says that the restriction is to be annotated on the buyer’s title for
20 years.

Five years later, B started to build on his property a commercial building for his car sales
company. S immediately brings an action to stop it on the ground that it violates the
restrictions on B’s title. B defends that the city’s new zoning ordinance has recently
reclassified a portion of the subdivision as a commercial area. Judgment for whom?

GR: Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.

Judgment for B. In general, laws are to be construed as having only prospective application.
Only laws existing at the time of the execution of a contract are applicable thereto and not later
statutes,

EXN: unless the latter are specifically intended to have retroactive effect.

A later law which enlarges, abridges, or in any manner changes the intent of the parties to a
contract necessarily surpasses the contract itself and cannot be given retroactive effect without
violating the constitutional prohibition against impairment of contracts.

However, the foregoing principles admit certain exemptions. One involves police power – a law
enacted to regulate or govern certain activities or transactions.

The ordinance in question is a legitimate police power measure and must therefore be read into
every contract. When a portion of the subdivision was later reclassified as a commercial area, the
restrictions in the contract of sale between S and B limiting all constructions on the disputed lot
to single family residential buildings are deemed extinguished by the zoning ordinance and could
no longer be enforced. (Ortigas and Co. Ltd. v. Court of Appeals, 346 SCRA 748 [2000])

QUESTION NO. 12
Andy committed a heinous crime in 1984 which at that time was punishable by death.
Three years later, the trial against Andy has not yet been terminated so much so that it was
overtaken by the ratification of the 1987 Constitution abolishing the death penalty. When
the trial was finally concluded in 1995, Congress had already restored the death penalty. If
the trial court convicts Andy, should he be sentenced to suffer the death penalty?

The problem poses this issue: When the death penalty was abolished in 1987 and was
retroactively applied to Andy, did he gain a vested right to it so that any future act restoring the
death penalty would no longer cover him? An affirmative answer would free Andy from the
death penalty.

There is no question that the abolition of the death penalty benefits Andy. Therefore, the
subsequent reimposition of the death penalty will not affect him. The framers of the Constitution
themselves state that the law to be passed by Congress reimposing the death penalty can only
have prospective application.
Well-settled is the rule that a person has no vested right in any rule of law which entitles him to
insist that it shall remain unchanged for his benefit, nor has he a vested right in the continued
existence of a statute which precludes its change or repeal, nor in any omission to legislate in any
particular matter. However, a subsequent statute cannot be so applied retroactively as to
impair a vested right that accrued under the old law. Courts have thus given statutes strict
construction to prevent their retroactive operation in order that the statutes would not impair or
interfere with vested or existing rights. Clearly, Andy’s right to be benefited by the abolition of
the death penalty accrued or attached by virtue of Article 22 of the Revised Penal Code. This
benefit cannot be taken away from him. (People v. Patalin, et. al., 109 SCAD 734 [1999])

QUESTION NO. 13 mandatory laws and directory laws

Distinguish between mandatory laws and directory laws.

Mandatory (prohibitory) laws are those which relate to matters of substance, affect substantive
rights, and are the very essence of the thing required to be done. On the other hand, those which
are mere matters of form, or which are not material to or do not affect any substantive right, and
do not relate to the essence of the things to be done, so that compliance is a matter of
convenience rather than substance, are considered as directory.

Mandatory: the law is requiring that which is required. Kailangan

Ex. Article 2 of the Family code (essential requisites)

Article 1027

Acts executed against the mandatory provision is VOID.

Prohibitory: the law is telling you what is not allowed. Bawal.
× Verba Legis: plain meaning rule, most important rule in stat con, when the law is clear, there is
no room for interpretation there is only room for application.

× If the law commands that something be done, it is mandatory. If the law commands that
something should not be done, it is prohibitory. If the law commands that what it permits to be
done should be tolerated or respected, in which case, it is permissive or directory.

× General Rule

Acts executed against the provisions of mandatory or prohibitory laws are void.

Mandatory laws – Examples: Art. 749 of the NCC (donations), Art. 804 of the NCC (wills), Art 818
of the NCC (joint wills)

× Exceptions to the rule

 The rule that acts executed against the provisions of mandatory or prohibitory laws are void is subject
to the following exceptions:

(1) When the law itself authorizes its validity although generally they would have been void.

Article 5, Shooting another person, provided requisites are met.

Example: Art 349 of RPC Bigamy and Art 41 of the Family Code

(2) When the law makes the act valid, but punishes the violator.

Case: SM devt co. v. Ang

SC: If the dismissal is based on a just cause, then the non-compliance with the procedural
due process should not render the termination from employment illegal or ineffectual. Instead the
employer must indemnify the employee in the form of nominal damages.

Examples: Formal requisite – authority of solemnizing officer. If either or both parties believe in
GF that SO had authority, marriage is valid but SO is liable criminally, civilly or administratively

Art. 351 of the RPC A widow who remarries before the lapse of 300 days after the death of her
husband is liable to criminal prosecution but the marriage is valid. (To forestall paternity issues
Note: RA 10655 repealed Art. 351)

(3) Where the law merely makes the act voidable, that is, valid unless annulled.

VALID CONTRACT: meets all of the requirements of the law. Pumasok lahat, masaya.

VOIDABLE CONTRACT: one that is valid, UNTIL it is annulled. Pasok sana, at pasok pa
naman hanggang hindi hinuhugot. (Declaration of Nullity or nullity of marriage) Valid for the time being,
but it can be challenge.----RATIFICATION

A 18 and 21 yrs old need parental consent to be married.

19 yrs old---wants to marry without parental consent/approval

Status of marriage: Voidable. Valid according to art. 2 of FC but can be

annulled/validated/ratified.

Article 45 of the FC par. 1 ---cohabit as husband and wife

VOID CONTRACT: a contract that does not meet the requirements of the law. Does not exist. It
is illegal and cannot be enforced. No prescription to challenge. Walang walang chance.

Example: a marriage celebrated through violence or intimidation or fraud is valid until it is

annulled by a competent court.

(4) Where the law declares the act void, but recognizes legal effects as arising from it/the
void act. ,
 Art. 36 psychological incapacity: party’s inability to understand (Not inability to perform or
comply,not physical inability kundi dahil sa psychological inability) the obligation of marriage. The
wisdom of the law is that kung ang isang tao ay hindi nauunawaan kung ano o paano maging asawa then
it means that there was no marriage from the start. Hindi naman nya kasi alam o naiintindihan kung ano
ang pinasok nya:

Article 54 FC: children conceived or born before the judgement of nullity of marriage, are
considered legitimate. Connect with article 5

For example, in a void marriage under Articles 36 and 53 of the Family Code, the children born
thereto are considered legitimate.

QUESTION NO. 14 stare decisis.

Explain the doctrine of stare decisis.

The doctrine of stare decisis/let it stand under Article 8 of the Civil Code expresses the rule that
judicial decisions applying or interpreting the law shall form part of the legal system of the
Philippines. The rule follows the settled doctrine that the interpretation placed upon the written
law by a competent court has the force of law.
EXN: It is only when a prior ruling of the court finds itself later overruled, and a different view
is adopted, that the new doctrine may have to be applied prospectively in favor of parties who
have relied on the old doctrine and have acted in good faith in accordance therewith. (Pesca v.
Pesca, 356 SCRA 588 [2001])

states that once a case has been decided one way, then another case, involving exactly the same point at
issue, should be decided in the same manner.

Doctrine of Stare Decisis

Stare decisis enjoins adherence to judicial precedents. The doctrine is based on the principle that once a
question of law has been examined and decided, it should be deemed settled and closed to further
argument. The doctrine, however, does not mean blind adherence to precedents. If the doctrine is found
to be contrary to law or erroneous, it should be abandoned.
- Only the decisions of the SC are considered in the application of Stare Decisis.
- The law looks forward and not backwards

QUESTION NO. 15
In a cockfight involving the cocks of Chu Jan and Lucio Bernas, the sentenciador declared
Bernas’ cock the winner. Not satisfied with the sentenciador’s decision, Chu Jan filed a case
against Bernas with the then Justice of the Peace, praying that the judgment of the
sentenciador be voided and his cock be declared the rightful winner. After due hearing, the
justice of the Peace declared that the bout was a draw.
Unappeased, Chu Jan appealed to the then Court of First Instance. The CFI judge
dismissed the appeal on the ground that he knew of no law governing cockfights. He also
ordered the return of Chu Jan’s bet. Bernas appealed to the Supreme Court. What was
the result?

In Chu Jan v. Bernas, 34 Phil. 631, the Supreme Court reversed the order of dismissal and
remanded the case to the CFI. A judge should not refrain from rendering a judgment just because
there is no law that governs a particular case. In the absence of a law or principle of law, the
rules of fair play must be applied. (Sec. of Justice v. Lantion, 322 SCRA 160 [2000] When a
provision of law is silent or ambiguous, judges ought to invoke a solution responsive to the
vehement urge of conscience. (Amatan v. Aujero, 248 SCRA 511)

(NOTE: After due hearing in accordance with the decision of the Supreme Court remanding the
case to it, the CFI upheld the decision of the sentenciador, there being no clear violation of law
or evidence of fraud)

QUESTION NO. 16 morality of laws

In a criminal trial for rape with homicide, the judge found the accused guilty. Because of
his religious convictions, however, the judge refused to impose the death penalty upon the
accused which was the penalty imposable for the crime. Did the judge commit a reversible
error?

Yes. Under the law, the penalty imposable for the crime of rape with homicide is death. The law
leaves no room for the exercise of discretion on the part of the trial judge to impose a penalty
under the circumstances other than the sentence of death.

A court of law is no place for a protracted debate on the morality of or propriety of the sentence,
where the law itself provides for the sentence of death as a penalty in specific and well-defined
instances.

Courts are not concerned with the wisdom, efficacy or morality of laws. (People v.
Veneracion, 249 SCRA 247 [1995])

QUESTION NO. 17 Theory of Generality

Explain the Theory of Generality.

Any offense committed within Philippine territory offends the state. Therefore, any person,
whether citizen or alien, can be punished for committing a crime within our territory. This rule is
subject to the principles of international law and to treaty stipulations. (Art. 14, Civil Code)
QUESTION NO. 18
Mariano, a Filipino naturalized American, now a resident of California, comes back to the
Philippines as a balikbayan. He is arrested at the NAIA in possession of a .38 Smith and
Wesson. Charged with illegal possession of firearms, he moves to quash the criminal
complaint based on his constitutional right as a Californian to bear arms. Decide.

Motion denied. The crime was committed within our territorial jurisdiction and is therefore
punishable here. Under the principle of generality, no one is exempt from our penal laws, except
those who enjoy diplomatic immunity under international law. (Art. 14, Civil Code; Art. 2
Revised Penal Code; see also 3rd par., Art. 17, Civil Code)

QUESTION NO. 20
Anton and Amy, husband and wife, are married in Baguio City. Anton goes to Hongkong
and marries Bonnie, a Filipina domestic helper. After a month of connubial bliss in the
Crown Colony, Anton goes to Singapore and marries Connie, a Filipina “house manager.”
After two months with Connie, Anton goes to Brunei where he marries Demi, a Filipina
GRO. After three months of connubial bliss in Brunei, Anton heads for home sweet home.
May Anton be prosecuted for bigamy in the Philippines at the instance of his first wife,
Amy?

No, Anton did not commit any crime in Philippine territory. Bigamy is committed by entering
into a second or subsequent marriage. The first marriage, which was entered into in the
Philippines, is not bigamous. The subsequent marriages, which are bigamous marriages, were all
entered into abroad, or outside Philippine territory, and therefore beyond our criminal
jurisdiction.

QUESTION NO. 21 conflict of laws

What is conflict of laws? Distinguish it from a purely internal law.

Conflict of laws is that part of the municipal law of the state which directs its courts and
administrative agencies, when confronted with a legal problem involving a foreign element, to
apply either the local law or a foreign law. A purely internal rule, on the other hand, is a rule
meant for local cases, or cases which are devoid of any foreign element.

As distinguished from a purely internal law, conflict of laws do not purport to solve a
problem. They merely point to the law to be applied, whether local law or the foreign law.

QUESTION NO. 22
Suppose a problem involves a foreign element, is the court of the forum conclusively and
absolutely obliged to apply the proper foreign law?

No. Even if there is a foreign element, the forum may be FORCED TO APPLY the internal law
under the following situations:
a) If the conflicts rule so provides;
b) If the proper foreign law has not been properly pleaded and proved;
c) If the proper foreign law is contrary to a sound and important public policy of the forum;
d) If the proper foreign law is contrary to universally recognized principles of morality; and
e) If the proper foreign law is penal.

QUESTION NO. 23
A and B, Filipinos, both women, enter into a same-sex marriage in Denmark, where such a
marriage is valid. Is the marriage also valid here?

The general rule enunciated in the first paragraph of Article 26 of the Family Code should
apply, under which marriages valid where celebrated are also valid here.

The case does not fit into any of the exceptions enunciated in the foregoing provision of Article
26 of the Family Code. Therefore, same sex marriage is valid here if valid where celebrated.

However, it would seem that the case falls under one of the exceptions to the application of the
proper foreign law, i.e., it runs counter to an important public policy of the forum- that a
marriage should be between a man and a woman. Because of this important public policy, same-
sex marriage is void here.

QUESTION NO. 23
If a Filipino citizen is convicted by final judgment abroad, may he be required to serve
time here?

No, because there is no legislation allowing such practice. It would in effect require the
Philippine government not only to recognize, but also to enforce, a foreign judgment which is
penal in nature. (Opinion of the Secretary of Justice No. 142, s. 1992)

QUESTION NO. 24 nationality rule under Article 15 of the Civil Code

Francis, a citizen and resident of California, under whose law he was still a minor, being
only 20 years of age, was hired by ABC Corporation to serve for two years as its chief
computer programmer. After serving for only four months, he resigned to join XYZ
Corporation, which enticed him by offering more advantageous terms. His first employer
sues him in Manila for damages arising from the breach of his contractual employment. He
sets up his minority as a defense and asks for annulment of the contract on that ground.
The plaintiff disputes this by alleging that since the contract was executed in the
Philippines under whose law the age of majority is 18 years, he was no longer a minor at
the time of the perfection the contract. Will the suit prosper?

No. Being an American citizen, Francis’s capacity to enter into a contract is determined by
his national law, under which he is still a minor. While the nationality principle under Article
15 of the Civil Code is intended to apply only to Filipino citizens, the Supreme Court had
already declared that the status or capacity of foreigners is to be determined on the basis of the
same provision or principle; i.e., by American law in the present problem.

Plaintiff’s argument that Francis was already of legal age when the contact was perfected does
not hold true because status or capacity is not determined by lex loci celebrationis but by the
nationality rule under Article 15 of the Civil Code.

QUESTION NO. 25
Why are divorce decrees granted to Philippine nationals refused recognition by our courts?

There are two fundamental reasons why foreign decrees of divorce granted to Philippine
nationals are refused recognition by our Courts:

1. In this jurisdiction we adhere to the nationality theory. Thus, Article 15 of the Civil Code
expressly provides that laws relating to family rights and duties, or to the status, condition
and legal capacity of persons are binding upon citizens of the Philippines, even though living
abroad. A decree of divorce is certainly one that will affect or involve the status and
condition of the parties.

2. It is well-settled that absolute divorce is contrary to public policy. The third paragraph of
Article 17 of the Civil Code declares that such a declaration of public policy cannot be
rendered ineffective by a judgment promulgated in a foreign country.

QUESTION NO. 26
When may a divorce decree obtained in a foreign country be recognized in the Philippines?

A divorce obtained abroad by an alien may be recognized in our jurisdiction if the divorce decree
is valid according to the national law of the foreigner. However, the divorce decree and the
governing national law of the alien spouse who obtained the divorce must be proved. Our courts
do not take judicial notice of foreign laws and judgments. Like any other facts, both the divorce
decree and the national law of the alien spouse must be alleged and proved according to our law
on evidence. (Garcia v. Recio, G.R. No. 138322, October 2, 2001)
Relate to Article 26 FC
QUESTION NO. 27
Armand and Helen, both Filipinos, were married in the Philippines in 1977. Three years
later, they migrated to the United States and established their residence in California. In
1987, they applied for, and were granted, US citizenship. In 1989, Armand, claiming
abandonment by Helen, secured a divorce in Reno, Nevada. In 1990, Armand returned to
the Philippines as a balikbayan and married Rosel who knew Armand’s past life. Is the
divorce secured by Armand in Nevada valid? How does it affect his marriage to Rosel?

Yes. The divorce decree issued to Armand and Helen will be recognized as valid here because
when the decree was granted, both were already citizens of the United States, a country which
grants or allows absolute divorce.(nationality rule applies) Considering, therefore, that the
marriage between Armand and Helen has been validly terminated under their national law,
Armand can freely marry Rosel.

A divorce obtained abroad by an alien may be recognized in our jurisdiction if the divorce decree
is valid according to the national law of the foreigner.

QUESTION NO. 28
Bill, an American, executed a Last Will and Testament in the Philippines. In paragraph 1
of his will, he stated that his estate shall be distributed in accordance with Philippine law.
Is the testamentary provision valid?

The testamentary provision is not valid because it is contrary to the provision of paragraph 2,
Article 16 of the Civil Code which explicitly declares that it will be the national law of the
person whose succession is under consideration that will govern. (Bellis v. Bellis, 20 SCRA 358
[1967])

Article 16.
Real property as well as personal property is subject to the law of the country where it is
stipulated. However, intestate and testamentary successions, both with respect to the order of
succession and to the amount of successional rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person whose succession is under
consideration, whatever may be the nature of the property and regardless of the country wherein
said property may be found. (10a)

QUESTION NO. 29 renvoi

What is meant by renvoi?

Renvoi literally means a referring back.

The problem of the renvoi arises when there is a doubt as to whether a reference to a foreign law
for decision is a reference to the internal law only of said foreign law or is a reference to the
whole of the foreign law, including its conflict rules.

QUESTION NO. 30
H and W, husband and wife, are citizens of California but domiciled in the Philippines. H
dies in Baguio City, leaving properties in Pasay City. Illustrate how the renvoi doctrine
operates.

Article 16, paragraph 2 of the Civil Code expressly says that successional rights are to be
regulated by the national law of the person whose succession is under consideration. Since H was
a citizen of California at the time of his death, the law that should govern successional rights to
his estate should be the law of California.

However, the second paragraph of Article 16 of the Civil Code is not clear whether a reference to
California law under Article 16, paragraph 2 is a reference only to the internal law on succession of
California or is a reference to the whole of California law, including its conflict rules. If the reference
under Article 16, paragraph 2 is a reference to the whole of California law, including its conflicts rules,
there is a possibility that the renvoi problem may arise if California law adheres to the domiciliary
theory.

Renvoi Problem - Literally means referring back; the problem arises when there is doubt as to whether a
reference in our law to a foreign law is: 1) a reference to the internal law of said foreign law; or 2) is a
reference to the whole of the foreign law, including its conflicts rules. - In the second one, if one state
involved follows the nationality theory, and the other, the domiciliary theory, there is a possibility that
the problem may be referred back to the law of the first state.

QUESTION NO. 31
Peter, a Californian domiciled in the Philippines, dies leaving several properties in Makati
City valued at P50million. In his will, he gave all these properties to his brother, John. To
his illegitimate children, Arthur and Bernard, he left legacies of P1 million each. Under the
internal law of California, the testamentary dispositions are valid, while under the internal
law of the Philippines, there is an impairment of the legitimes of Arthur and Bernard.
Under the conflicts rule of California, the domiciliary principle is followed; the internal law
of the Philippines (which is the decedent’s domicile) respecting legitimes shall, therefore, be
applied. On the other hand, under the conflicts rule of the Philippines, the nationality
principle is followed; the internal law of California (of which the decedent is a national)
which does not recognize the system of legitime shall, therefore, be applied.
A Philippine court now sits in judgment to determine the validity or invalidity of Peter’s
testamentary dispositions. How shall the court rule on the matter?

In Aznar v. Christensen-Garcia, 7 SCRA 95 [1963], the Supreme Court accepted the renvoi. As
applied to the above problem, the answer is as follows: the law of the Philippines shall be
applied. Under the second paragraph of Article 16 of the Civil Code, the national law of Peter
shall govern. According to the internal law of California, the testamentary dispositions are valid,
but then its conflicts rule also says that the internal law of Peter’s domicile shall govern and not
the law of California. So, the case is referred back (renvoi) to the internal law of the Philippines.
The Philippine court must, therefore, apply its own law as directed in the conflict of law of
California, Peter’s national law.

QUESTION NO. 32 execution of joint wills here and abroad

Hillary, a Filipina, and her American husband, Bill, execute a joint will in Arkansas when
they were still residing in said State. The law of Arkansas allows the execution of joint wills.
If Bill dies, may the joint will be admitted to probate in the Philippines?

Yes, but only insofar as Bill’s estate is concerned. While Article 819 of the Civil Code prohibits
the execution of joint wills here and abroad, such prohibition applies only to Filipino citizens.
Hence, the joint will which is valid where executed is valid in the Philippines but only with
respect to Bill. Under Article 819 of the Civil Code, the joint will is void with respect to Hillary
whose joint will remains void in the Philippines despite being valid where executed.

QUESTION NO. 33
Juan is a Filipino citizen residing in Tokyo, Japan. State what law governs:

a) Juan’s capacity to contract marriage in Japan.

Juan’s capacity to contract marriage in Japan is governed by Philippine law, that is, by the
Family Code. This is pursuant to Article 15 of the Civil Code which provides, among others, that
laws relating to the legal capacity of persons are binding upon citizens of the Philippines even
though living abroad.

b) Juan’s successional rights as regards his Filipino father’s property in California.

By way of exception to the general rule on lex rei sitae under the first paragraph of Article 16 of
the Civil Code, a person’s successional rights are governed by the national law of the decedent.
Since Juan’s deceased father was a Filipino citizen, Philippine law governs Juan’s successional
rights as regards his deceased father’s property in California.

c) The extrinsic validity of the last will and testament which Juan executed while
sojourning in Switzerland.
The extrinsic validity of Juan’s will is governed by a) Swiss law, the law of the place where the
will was made, following the rule on lex loci celebrationis under paragraph 1 of Article 17 of the
Civil Code; or b) Philippine law, by implication from the provisions of Article 816 of the Civil
Code which allows even an alien who is abroad to make a will in conformity with our Civil
Code.

Formalities or Extrinsic Validity

Under the first paragraph of Article 17, the forms and solemnities of contracts, wills and other public
instruments are governed by the laws of the country in which they are executed under the principle of
“lex loci celebrationis.”

× Forms and solemnities – manner by which a contracts must be executed ex. In the Philippines,
there are laws that must be in a public instrument with a 2 witnesses.

d) The intrinsic validity of the will.

The intrinsic validity of Juan’s will is governed by Philippine law, the same being his national
law. (Art. 16, par. 2, Civil Code)

QUESTION NO. 34
A, a Chinese national, donated in Germany in favor of F, a Filipino, a parcel of land
situated in the Philippines.

a) The law of which country governs the formalities of the donation?

The law of the Philippines – lex rei sitae – governs the formalities of the donation. The lex loci
celebrationis doctrine enunciated under paragraph 1 of Article 17 of the Civil Code does not
apply because the transaction relates to land and must therefore be governed by the law of the
place where the land is situated.

b) The law of which country governs the capacity of the Chinese to make the donation.

The law of the Philippines – lex rei sitae – governs the capacity of the Chinese to alienate. Here,
the doctrine of national law under Article 15 of the Civil Code yields precisely because the
subject matter is land.

c) The law of which governs the intrinsic validity of the donation?

The law of the Philippines – lex rei sitae – governs the intrinsic validity of the donation. The
general rule on lex loci voluntatis (law of the place voluntarily agreed upon) or lex loci
intentionis (law of the place intended) yields to the lex rei sitae rule because the subject matter is
land.

QUESTION NO. 35
Guber, a Swiss citizen and resident of Baguio City for the last forty years, died in that city
leaving six children and real and personal properties located in the Philippines. In his last
will and testament executed in Switzerland where the institution of forced heirs does not
exist, he designated Hansel, his eldest son, as his sole heir.

Can Guber’s other children question the validity of the will in the probate proceedings
filed before our courts?

No. Extrinsically, the will is valid on the presumption that Guber executed the will in accordance
with the formalities prescribed in Switzerland, which is all at once the place of execution, his
country, and his domicile. (Arts. 17 and 816, Civil Code)

Intrinsically, the will is also valid. The designation of the eldest son as sole heir is valid, and will
not properly constitute preterition as the term is understood under Philippine law, because after
all in Switzerland, of which the deceased was a national, there are no forced or compulsory heirs.
It is clear that the intrinsic validity of this provision shall be governed not by Philippine law
but by Swiss law. (Art. 16, par. 2, Civil Code)

QUESTION NO. 36

While travelling in Tokyo, Japan, T executed a will before a diplomatic official of the
Philippines. Only two witnesses signed the attestation clause. Upon his return to the
Philippines, T filed a petition to probate the will. The petition is opposed on the ground
that the will is not attested by three witnesses. Assuming that in Japan two witnesses are
required to attest a will, may the will of T be admitted to probate?

No. Article 815 of the Civil Code allows a Filipino in a foreign country to make a will in any
form established by the law of the country in which he may be. However, paragraph 2,
Article 17 is more explicit and provides that when acts, such as a will, are executed in a
foreign country before diplomatic or consular officials of the Philippines, the solemnities
established by Philippine laws shall be observed in their execution.

Finished @1:42PM 01/15/2021 Thank you Lord! You’re an amazing God! <3 Amen. 