DLSU LAW CIVIL LAW REVIEW 1 G01

A.Y. 2021-2022, 2nd Semester

By: ICARANOM, Danica Leslie G.

11593172

WEEK# 1- Effect of Laws up to Article 13 - January 12

# SUBJECT MATTER RELEVANT CASE AND DOCTRINES

LAWS PONENTE

A. When law takes NCC 2 Tañada v. Tuvera 136 “Unless otherwise provided” does not refer to the publication but of the date of effectivity.
1 effect Revised SCRA 27
Administrative ESCOLIN, J.
Code (RAC) Sec.
18-24
Exec. Order 200,
Sec. 2

Kasilag Vs. Ignorance of the law vs ignorance of a fact; the former is inexcusable and the latter may be a basis of good
Rodriguez, 69 PHIL faith.
217
IMPERIAL, J

DM Consunji vs. CA, Waiver must be an intentional relinquishment of a right.

G.R. No. 137873,
April 20, 2001
KAPUNAN, J

Dela Cruz v. Dela Waiver must be clear and express.

Cruz, G.R. No.
192383, December 4,
2013

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A.Y. 2021-2022, 2nd Semester

Dona Adela v Waiver must be coupled with sufficient awareness of its consequences. Silence of the holder of such right is
Tidcorp, G.R. No. not a valid waiver.
201931, February 11,
2015

Otamias v. Republic, In order to waive a right,such right must affect his property, and any alienable right or privilege of which he
G.R. No. 189516, is the owner or which belongs to him or to which he is legally entitled to.
June 08, 2016

Anaban v Anaban,
G.R. No. 249011,
March 15, 2021

Thornton vs. In case two laws are incompatible, all doubts must be resolved against implied repeals. The purpose of such
Thornton, Aug. 16, is to harmonize all laws.
2004

Pesca vs. Pesca, The doctrine of stare decisis provides that judicial decisions applying or interpreting the law shall form part
G.R. No. 136921. of the legal system of the Philippines.
April 17, 2001

De Castro v JBC, G. Judicial decisions assume the same authority as a statute itself. Until it is abandoned by the Supreme Court,
R. No. 191002, the judicial decision shall still be applied.
April 20, 2010

UCPB v Uy, GR Stare Decisis applies only to cases decided by the Supreme Court to the exclusion of lower courts.
204039, Jan. 10,
2018

Magat v. Tantrade, Justice is better served when the courts extend considerations to parties in order to Exhaust resolution of their
G.R. No. 205483, claims.
August 23, 2017

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A.Y. 2021-2022, 2nd Semester

Piedad v. Bobilles, The courts shall take into consideration the principle of equity in deciding cases. Strict implementation of the
G.R. No. 208614, laws on prescription would manifestly show injustice.
November 27, 2017

People v Tulagan, Dura lex sed lex; no matter how harsh the law may seem, the courts must rule in accordance with such law.
G.R. No. 227363,
March 12, 2019

Martinez v. Van Acts which are not injurious nor destructive are reasonable and prudent for they have been generally
Buskirk, 18 Phil. 79 acquiesced in by society for so long a time as to have ripened into a custom.

Internal Revenue v Under the Civil Code, a year is equivalent to 365 days whether it be a regular year or a leap year. Under the
Primetown, GR Administrative Code of 1987, however, a year is composed of 12 calendar months. Needless to state, under
162155, August 28, the Administrative Code of 1987, the number of days is irrelevant.
2007

Commr. v. Aichi Subsequent laws shall be favored over former laws.

Forging, G.R. No.
184823, October 6,
2010

Del Socorro v Van Foreign laws must be alleged and proved. Otherwise, the laws of the Philippines shall be applied.
Wilsem, GR
193707, Dec. 10,
2014

Tenchavez v. Nationality Rule: National law shall be the governing law, regardless of where the citizen may be, with
Escaño 15 SCRA respect to family rights and duties, status, condition, and legal capacity.
355

Board of If marriage was validly celebrated abroad, it is valid everywhere. (Lex loci celebrationis)
Commissioners vs.
de la Rosa, 197
SCRA 853

Amos v Bellis, 20 With respect to order of succession, amount of successional rights, and intrinsic validity of a will, the
SCRA 358 national law of the decedent shall govern.

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A.Y. 2021-2022, 2nd Semester

Tayag v Benguet An administrator appointed in one state or country has no power over property in another state or country.
Consolidated, GR L-
23145, Nov. 29,
1968

Kazuhiro Hasegawa Lex loci celebrationis relates to the “law of the place of the ceremony” or the law of the place where a
vs. Kitamura, G.R. contract is made. The doctrine of lex contractus or lex loci contractus means the “law of the place where a
No. 149177, contract is executed or to be performed.”
November 23, 2007

Raytheon v Rouzie, A stipulation in a contract which states that the laws of the State of Connecticut does not preclude the
GR 162894, Philippine courts from hearing the case. Doctrine of forum non conveniens: a court, in conflicts-of-laws
February 26, 2008 cases, may refuse impositions on its jurisdiction where it is not the most "convenient" or available forum and
the parties are not precluded from seeking remedies elsewhere.

Wassmer v. Velez Mere breach of promise to marry is not an actionable wrong. But to formally set a wedding and go through
12 SCRA 648 all the above-described preparation and publicity, only to walk out of it when the matrimony is about to be
solemnized, is quite different. This is palpably and unjustifiably contrary to good customs for which
defendant must be held answerable in damages in accordance with Article 21

Tanjanco v. CA 18 Article 21 of the Civil Code is inapplicable in cases where there is voluntariness and mutual passion.
SCRA 994

Baksh v. CA, 219 In case of breach of promise to marry as the proximate cause of the giving of herself unto him in a sexual
SCRA 115 congress, where such marriage was a scheme to enter into sexual congress without intention of marrying her,
Art. 21 can be applied for award of damages; it is not because of such promise to marry but because of the
fraud and deceit behind it and the willful injury to her honor and reputation which followed thereafter.

Abanag v Mabute, Mere sexual relations between two unmmaried and consenting adults which are entered into voluntarily is
AM P-11-2922, neither criminal nor unprincipled. It cannot be a valid ground for disbarment or disciplinary action.
April 4, 2011

Metroheights Subd. The elements of an abuse of rights under Article 19 are: (1) there is a legal right or duty; (2) which is
v CMS exercised in bad faith; (3) for the sole intent of prejudicing or injuring another. When a right is exercised in a
Construction, G.R. manner which discards these norms (set under Art. 19) resulting in damage to another, a legal wrong is

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No. 209359, Oct. 17, committed for which actor can be held accountable
2018

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