Intro to Law

Lesson 1 Part 2
Article 10
 Art.
10 - In case of doubt in the interpretation or
application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.

 ***Laws are generally interpreted in favor of the people rather

than the government, and in favor of what is right and just.
Article 11 & 12

 Art.
11. Customs which are contrary to law, public order
or public policy shall not be countenanced.

 Art.12. A custom must be proved as a fact, according to

the rules of evidence.
 Article 13
 Art. 13. When the laws speak of years, months, days or nights, it
shall be understood that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-four hours; and
nights from sunset to sunrise.

 Ifmonths are designated by their name, they shall be computed by

the number of days which they respectively have.

 Incomputing a period, the first day shall be excluded, and the last
day included.
Article 14.
 Art. 14. Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public
international law and to treaty stipulations.

 Penal laws- laws found in the Revised Penal Code

 “..obligatory upon all who live & sojourn” – applicable to everyone currently
in the country whether he/she is a citizen or just a tourist/visitor
 “subject to the principles of PIL and to treaty stipulations” – Based on
Sec.2, Art, II of the 1987 Phil. Constitution, “The Philippines… adopts the
generally accepted principles of international law as part of the law of the land
and adheres to the policy of peace, equally, justice, freedom, cooperation, and
amity with all nations.”
Article 15

 Art. 15. 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.

 ***Even if you are living abroad, but still are a Filipino citizen, you
will generally still be subject to Philippine laws – especially on
matters of family rights, duties, your status or condition and legal
capacity
 Ex.: Status of marriage, testate/intestate succession
Article 16
Art. 16. Real property as well as personal property
is subject to the law of the country where it is
stipulated.

 This article is based on the doctrine of Lex loci rei sitae, or

simply lex situs, a doctrine which states that the law governing
the transfer of title to property is dependent upon and varies with
the location of the property, for the purposes of the conflict of
laws.
Article 16

 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.
Article 17
 Art. 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country
in which they are executed.

 ***Forms – parts of the written contract

Solemnities – more of how the contract has been executed

 ***Following the Doctrine of Lex loci celebrationis, the Latin term for a
legal principle in English common law, roughly translated as "the law of the
land where the marriage was celebrated"
Article 17.
 When the acts referred to are executed before the diplomatic or
consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution.

 ***Embassies are extensions of a country’s territory, therefore laws of the

country shall be followed within its premises (principle of exterritoriality)
Article 17.
 Prohibitivelaws concerning persons, their acts or property, and
those which have, for their object, public order, public policy and
good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
Article 18

 Art. 18. In matters which are governed by the Code of

Commerce and special laws, their deficiency shall be supplied
by the provisions of this Code.