Civil Law Reviewer 1-36

CIVIL CODE REVIEWER (Culled from various sources) R.A. 386 – An Act to Ordain and Institute the Civil Code of the Philippines New Civil Code took effect on August 30, 1950 Civil Law – branch of public law which governs the relations of private individuals within the society. LAW PERSONS AND FAMILY RELATIONS I. EFFECT AND APPLICATION OF LAWS Art. 1 – This code shall be known as the Civil “Code of the Philippines.” Art. 2 – Laws shall take effect after fifteen days following the completion of their publication in the Official gazette, unless it is otherwise provided. This code shall take effect one year after such publication. E.O. 200 – provides for publication either in the Official Gazette or Newspaper of general circulation Publication: 1. Condition sine qua non – MANDATORY 2. Must be in full since its purpose is to inform the public Effect of publication: People are deemed to have been conclusively notified of the law even if they have not read them. COVERAGE OF PUBLICATION: 1. PDs and Eos 2. IRRs, if their purpose is to enforce or implement existing law pursuant to a valid legislation NOT COVERED: 1. Interpretative regulations and those administrative regulations internal in nature 2. Letters of Instruction 3. Municipal ordinances (covered by the LGC) ART. 3 – Ignorance of the law excuses no one from compliance therewith. Ignorantia legis neminem excusat Art. 3 applies only to Philippine law and not to foreign law. Foreign law, whenever applicable, must be proved by the proponent thereof; otherwise it will be presumed to be the exactly the same with Philippine law (doctrine of processual presumption ). Art. 4 – Laws shall have no retroactive effect, unless contrary is provided. Lex de futuro judex de preterito (Law provides for the future, the judge for the past) EXCEPTIONS: PIERCER 1. Penal laws when favorable to the accused who is not a habitual delinquent, even though at the time of the enactment final judgement has already been rendered. 2. Interpretative statutes 3. When the law itself expressly provides, except: a. Ex post facto law b. Laws impair obligations in a contract 4. Remedial statutes as long as it does not affect vested rights 5. Curative laws – purpose is to cure defects or imperfections in judicial or administrative proceedings 6. Laws which are of emergency nature or are authorized by police power 7. Laws creating new substantive rights unless vested rights are impaired. Art. 5 – Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. Mandatory law – prescribes some element as a requirement Prohibitory law – forbids something General Rule: Acts contrary to mandatory or prohibitory laws are VOID. Exceptions: 1. Law itself authorizes its validity (i.e. lotto)

Civil Law Reviewer 1-36

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