ARTICLE 2:

-refers to the date of effectivity

-publication is indispensable unless the legislature has the ability to shortened or extend it
2 things should not interpret or publish
a. Mere Interpretation
b. Internal Orders)
-if august 25 congress approve the law and publish it on 26 by executive order; the effectivity is
26 (explicitly provided)
-uniform ang pagpost hindi lang dapat sa official gazette, it should be also in general circulation
of newspapers to aware the public

ARTICLE 3:
-reasoning and is consequence of Art 2
-prevent from someone to arguing
-landmark obligation to know the law
2 classes of acts were article 3 applies
a. Mandatory Laws - to do something
b. Prohibitory Law – not to do something

ARTICLE 4:
-retroactivity violates due process
6 types that allows retroactivity
a. when benefits of the accused is applied
b. the law explicitly state
c. procedural in nature
d. if it is remedial
e. walang tinatamaan na curative
f. penal in nature (but penal laws cannot be retroactive if it is not in the benefit of accused
except for habitual criminal or delinquent – Article 22 of RPC.)
ARTICLE 5:
-If the act violated mandatory and prohibitory laws it should be null and void (unless the law
explicitly approved the validity of the act)
-void is punishable

ARTICLE 6:
-relinquishment of rights
-non claiming
-non exercise
-a person relinquishing the rights should be capacitated waive. (authorized)
-atty is given a power by the state known as SPA (special power of attorney) which outlines the
right, obligations and duties that can goes beyond their rights.
3 types should do when establishing a waiver
-implied
b. proven or convincingly
c. known the right well

ARTICLE 7:
-removing the effectivity
-abrogate or cancellation
2 types
a. Express repeal (on the new law)
b. Implied repeal (executed when there is a new law that contradicts others provisions in the
former)

ARTICLE 8:
-body of laws
- Judicial decisions (supreme court is the highest law of the law)
-intertemporal (aligned with the time, prospective)
-the decisions are based on interpretation of the evidences or the law
ARTICLE 9:
-judges can’t shirk away from obligations
ARTICLE 10:
- interpretation that is fair
- presumption unless rebutted
- presupposes that there is an ambiguous law
ARTICLE 11, 12:
- customs (widely accepted in the community) (almost obligatory) (not presumed as a fact)
Customs should not be contrary to law
In court: it’s not about what is true, it is about what you can prove
Customs should be proven
ARTICLE 13:
- assume every year is composed of 365 days (unless specified)
- Months (default): 30 days (unless specified)
-day: 24 hours
- Night: sunset
-Day: Sunset
- Week: 7 days
- Rule: FELI (First Excluded, Last Included)
ARTICLE 14:
- Penal Statutes (Territorial)
- Except when government waives its power (treaty)
ARTICLE 15: (Should Memorize)
- Lex Nacionalis
- Nationality Rules
ARTICLE 16:
- Lex Rei Sitae
- Real Property/Personal Property
- Intestate: w/o last will
- Testamentary: w/ a will
- Nationality
Order of Succession
Successional rights
Intrinsic validity of testamentary provisions
Capacity to succeed
ARTICLE 17:
- Lex loci celebrationes
- look at the law where they are celebrated
- contracts
ARTICLE 18:
-suppletory nature
ARTICLE 19-21 CATCH ON PROVISIONS
DIFFERENCES

19 20 21
1. Abuse of Right 1.Contrary to Law 1. Complete Legal
2. Bad Faith 2.Without intent/negligence 2. Against Moral
3. Intended to hurt 3.Causes Damage

Similarities
1. Intent
2. Punishable
3. Causes of actions
4. Seek to elevate and to appreciate equality and justice

ARTICLE 19
-intent to similarity done
-rights exercised
-doctrine of abuse of rights

ARTICLE 20
-contrary to law
-does not care or willful (Art. 3)
-every can be source of numerous crimes

ARTICLE 21
-not criminal but has responsibility
-any kind of damage you need to prove injury

Bad faith- intent to embarrass

Good faith- doesn’t seek to damage

BOTH NEED TO DETERMINE THE ACT OR OMISSION TO DISTINGUISH AND EXAMINE

THE STATE OF MIND
ARTICLE 22, 23
Unjust Enrichment
Different Scenario:
22- Main actor was the one who performed the act that benefits another in his/her own expense
without basis or legal ground
23- Main actor was the one benefited from an event by expense of another
Exception
Concept: Solutio indebiti applies when payment was made on the erroneous belief of facts
or law that such payment is due.
Solutio indebiti applies where: (1) a payment is made when there exists no binding relation
between the payor, who has no duty to pay, and the person who received the payment, and (2) the
payment is made through mistake, and not through liberality or some other cause.

 ARTICLE 24

The court looking after the interest of the disadvantaged for an equal footing.
ARTICLE 25
Thoughtless extravagance in times of emergency or public want
Provides legal standing to government or charitable institutions for judicial injunction
ARTICLE 26
Protection of human dignity, personality, privacy and peace of mind of his neighbors and other
persons
Acts liable for damages:

(1) Prying into the privacy of another's residence;

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.

ARTICLE 27

Relief against public officials (Art. 19-21 for public officials)

-Those who perform in excess of their jurisdiction

-Neglect of duty

ARTICLE 28

Against unfair competition in trade or business

ARTICLE 29 civil action

Requirements:

There must be an acquittal in a criminal case (acquittal must be of reasonable doubt)

Ratio: There is still a crime committed but was not proven beyond reasonable
doubt; then the accused is still liable for damages through a civil action.

Always look for the nature of acquittal to know if the same act or omission is still viable for a civil
action.
-an acquitted of a criminal offense can file a civil action for the damages.

- Criminal prosecution is proceeding of determination of the guilt

1. the crime committed should be punished the judgement is called conviction
2. no crime committed or not guilty means acquitted.
- Related to Article 100 “a person criminal liable also has civil liability”
-Quantum of evidences degree of proof required
1. substantial evidence
2. preponderance of evidence
3. clear and convincing evidence
4. proof beyond reasonable doubt
ARTICLE 31:
-independent civil action arises from any other source of obligation except felony and crime they
may be filed at any time even when there is a pending criminal action
-whether the person is acquittal and convicted has no impact
-mere preponderance of evidences
-exact civil action
-criminal action rectifying the rule

ARTICLE 32:
-any persons who violates the constitutional rights of another the grieved party has a right to
commence a separate independent civil action
-reminder to primary the constitutional rights
-if no law enforce, no violations
-constitution invoke against of state
ARTICLE 33:
-independent civil action exist on a parallel reality with the criminal prosecution.
the acquittal or conviction of the accused in the criminal action has no bearing, no impact on
the outcome of the independent civil action
2 important rules that bind them
-quantum of evidence required is mere preponderance of evidence
-cannot recover twice the damages in the criminal liability and independent civil action in case of
defamation, fraud or physical injuries
ARTICLE 34:
-authorities can be sued if they refuse or fails to render aid or protection to any person in danger
also the property
-criminal actions are punished by the state
ARTICLE 35:
-if a person was injured by a criminal offense but no independent civil action was granted. the
justice may allow to file civil action but it must be supported with preponderance of evidence to
be valid.
-the plaintiff may file a bond to indemnify the defendant in case.
ARTICLE 36:
-prejudicial questions is one must be decided first before the criminal action may be instituted or
may proceed because the decision therein is vital to the judgement of criminal case,
- the jurisdiction to try may solve to another tribunal

-Requisites of prejudicial questions

1. the previously instituted civil action involves an issue similar or intimately related to the issue
raised in the subsequent criminal action
2. the resolution of such issue determines whether or not the criminal action may proceed.
(35-36)
-file a bond to indemnify the defendant in case
-prejudicial in nature

ARTICLE 37:
-natural persons - human beings
-juridical persons - created by operation of law
-The rule only applies to natural persons, the juridical capacity to do acts with legal effect can be
acquired and lost by death
-kailangan masagot are prejudicial questions to proceed (Are they real father and son?)
-prejudicial questions (blood relations, validity of marriage, bigamy)

ARTICLE 38-39
-Since 37 tells us about the juridical capacity to act both these articles are restrictions, 38 do not
exempt incapacitated persons to the obligations and 39 it is not limited on religious belief or
political opinion
-modifies capacity to act
Without a capacity to act a person cannot enter a contract. (ex. Family relations, Alienage,
Absence, Prodigality, Insolvency (no means to pay)
Read RA 6809 (Age of Majority)

ARTICLE 40-41
-Natural persons are human beings who are born.
-Personality begins at the moment of conception and not begin at birth. (Note: Provided the
child be born later, Geluz v. CA)
-Personality - the ability of the person to receive certain life
-legal capacity - to act or capacity to act.
-Legal personality - you need to have capacity to act or person recognize by under the law with
rights
-Civil personality - distinction between natural and juridical persons and the difference between
juridical capacity and capacity to act
1. elements how to determine the child is born
-if the fetus had an intra-uterine life of less than seven months, it is not considered born if it dies
within the 24 hrs delivery.
2. if he exceeds or complete the intra uterine life.
-it must be born in accordance with the law for the donation to be effective.
ARTICLE 42
Death extinguishes personality
ARTICLE 43 (applies to those who succeed each other)
Statutory presumption- presumption given by law (Rule 123 Section 69 Revised Rules of Court)
Family Code
Article 1
Marriage has all the aspect of an ordinary contract (object, parties, consent)
Special Contract (State involvement)
Governed by laws
No autonomy of the parties
Cannot modify
Cannot terminate at will
Except on marriage settlement (properties)
The only way to modify a marriage is to go to the Court
General Principles of void/voidable marriages
Definitions:
Void (nothing from the beginning)- absence of formal/essential requisite (art. 4)
Voidable- making it void through annulment
Effects of void/voidable marriage:
Children are illegitimate (general rule on void marriages)
Art 50 in relation to Art 43-44
Art 51 in relation to Art 53-54
Parties are mere co-owners (voidable)
Children are legitimate (voidable)
Conjugal partnerships of gains
Absolute community property