Group 1

Group-1 ORGANIZED BY:

Arnel C. Las MariasAnd, Carlo Mapalo

LAW 101:PERSONS AND FAMILY RELATIONS

THE HISTORY AND THE HISTORY AND OVERVIEW OF OVERVIEW OF

PHILIPPINE CIVIL PHILIPPINE CIVIL CODECODE



Source of the Philippine Civil CodeCivil Code of Spain of 1989 Code and laws of other Countries, such as Spain, the various State of united state of America, like California and Louisina, France, Argentina, Mixico, Switzerland,England and Italy Judicial decisions of the Supreme Court of the Philippine, of the U.S.A Spain and other Countries Philippine laws or statutes such as the code of civil procedure(Art No.190),the Rules of Court, the Marriages law(Act No.3613),The Divorce law (Act No.2710), the Family Code (E,O.229,as amended by E.O.No.227), and the Inter-Country Adoption law(R.A.No.8043) Works of jurists and commentator of various nation Filipino customs and traditions and the Code Commission itself.(See: Report of the Code Commission,pp.2-3)

Classifications of Law

A. Substantive Law C. Private LawB. Procedural/Remedial Law D. Public Law

A. Substantive Law- defines our specific rights, responsibilities, duties and obligations as individuals and as a member of society.

b. Procedural/ Remedial Law- lays down the rules and procedures by which we can seek redress for the violation or infringement of such rights.


C. Private Law- covers those laws dealing with the private relation of person such as:

*The Law on Person and Family Relations*The Law on PropertyPublic Law- * The Law on Obligations and Contracts

D. set of laws which govern the rights and duties arising from the relationship between the state and the people it embraces the following law:

*International Law* Constitutional Law*Administrative Law


THE PHILIPPINE CIVIL LAW


‘Civil Law’ Defined(a) It is that branch of the law that generally treats of the

personal and family relations of an individual, his property and successional rights, and the effects of his obligations and

contracts.

(b) It is that mass of precepts that determine and regulate the relations of assistance, authority, and obedience among members of a family, and those which exist among members of a society for the protection of private interests, family relations, and property rights.

“CIVIL’’ --------“civiles’’ a citizen, as distinguished from a savage or a barbarian. Originally, the word pertained to a member of a “civitas’’ or free political community.

(Black’s Law Dictionary)


‘Civil Law’ Distinguished from ‘Political Law’

‘Civil Law’ Distinguished from the ‘Civil Code’


CIVIL LAW POLITICAL LAW

Civil law governs the relations of the members of a community with one another.

Political law deals with the relations of the people and the government.

CIVIL LAW CIVIL CODE

Civil law is defined as the mass of precepts which determines and regulates those relations of assistance, authority and obedience existing among members of a family as well as among members of a society for the protection of private interests.

The Civil Code is a compilation of existing civil laws arranged into books, titles, chapters, and sub-heads and promulgated by legislative authority.

Republic Act No. 386 June 18, 1949 The Civil Code of the Philippines

“AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OFTHE PHILIPPINES”

Preliminary Title Articles 1-36: EFFECT AND APPLICATION OF LAWS & HUMAN RELATIONS

Book One Articles 37-413 : PERSONS AND FAMILY RELATIONS

Book Two Articles 414-711 : PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Book Three Articles 712-1155: DIFFERENT MODES OF ACQUIRING OWNERSHIP

Book Four Articles 1156-2270 : OBLIGATIONS AND CONTRACTSZ


http://www.chanrobles.com/civilcodeofthephilippines.htm

THE EFFECT AND APPLICATION OF LAWS

(ART. 1-26)


Effect and Applications of LawARTICLE 1

This Act shall be known as the “Civil Code of the Philippines.”

Republic Act No. 386 - “An Act to Ordain and Institute the Civil Code of the Philippines.

Main draft of the Civil Code was prepared by the Roxas Code Commission (1947 Code of Commission)

E.O. No. 48 (20 March 1947) by Pres. Manuel Roxas

ARTICLE 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 publication.

General rule: Laws take effect after 15 days following the completion of its publication in the Official Gazette or in a newspaper of general circulation (EO No. 200)The law shall take effect on the

16th day because in counting the period, the first day is excluded and the last day included (Art. 13, NCC)

No one shall be charged with notice of the statue’s provision until publication is completed and the 15 day period has expired.

Coverageo Presidential Decrees

o Laws which refer to all statues, including local and private laws

o Administrative rules and Regulations where purpose it to enforce/implement existing law pursuant to a valid delegation

o Charter of a City

o Circulars issued by the Monetary Board where purpose is not merely to interpret but to fill in the details of the Central Bank Act

o Circulars and Regulations which prescribe a penalty for its violation (People v. Que, G.R. No. L-6791)

o Executive Orders (Tañada v. Tuvera, G.R. L-63915)

ARTICLE 2

ARTICLE 2

Publication not Requiredo Interpretative regulations and those internal in nature,

regulating only the personnel of the administrative agency

o Letters of Instructions issued by administrative superiors on rules/guidelines to be followed by subordinates in the performance of their duties

• Note: Date of effectivity of Municipal Ordinances is NOT covered by this rule but by the Local Government

ARTICLE 3

Ignorance of the law excuses no one from compliance therewith.

Conclusive Presumption – every person is presumed to know the law even if they have no actual knowledge of the law.

Applies only to mandatory and prohibitory laws

Does not apply to foreign laws because there is no judicial notice of such foreign laws; it must be proved like any other matter of fact

Note: Mistakes in the application or interpretation of difficult or doubtful provisions of law may be the basis of good faith and has been given the same effect as a mistake of fact, which may excuse one from the legal consequences of his conduct (Art. 526, 2155, NCC)

ARTICLE 3EXAMPLE:

WHAT IS THE DIFFERENT IGNORANCE OF THE LAW AND THE IGNORANCE OF THE FACT

1.Ignorance of law is not an excuses for criminal act. The fact that a person honesty

believes that he has a right to do what the law declares to be illegal will not affect the criminality of the act.

2.Ignorance of fact it can be good defense. The reason for the rule is that, foreign laws dot

not prove themselves in the phillippines.they must be proven s fact according to rule of evidence.

ARTICLE 4

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

General rule: no retroactive effect

Exceptions

Tax laws when expressly declared or is clearly the legislative intent

Interpretative statues

Procedural or Remedial

Curative or remedial statutes

Emergency laws

Laws creating new rights

Unless the law otherwise provides

Penal laws favorable to the accused

Exceptions to the Exception:

Ex Post Facto Law

Laws that impair obligation of contracts

ARTICLE 5

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.

Acts contrary to mandatory or prohibitory laws are VOID

Exceptions

o The law makes the act valid but punishes the violator

• (ex:; Marriage solemnized by a person without legal authority)

o The law itself authorizes its validity

• (ex. Lotto, sweepstakes)

o The law makes the act only voidable

• (ex. Voidable contracts where consent is vitiated)

o The law declares the nullity of an act but recognizes its effects as legally existing

• (ex. Child born before annulment of marriage is considered legitimate)

ARTICLE 6

General rule: rights can be waived

Requisites for a valid waiver

o Full capacity to make the waiver

o Waiver must be unequivocal

o Right must exist at the times of the waiver

o It must not be contrary to law, public policy, morals or good customs or prejudicial to a third person with a right recognized by law

o When formalities are required, the same must be complied with

Exceptions:

o Waiver is contrary to law, public order, public policy, morals or good customs

o If the waiver is prejudicial to third party with a right recognized by law

o Alleged rights which really do not yet exist, as in the case of future inheritance

o If the right is natural right such as right to be supported

Rights may be waived, unless the waiver is contrary to law, public policy, morals or good customs, prejudicial to a third person with a right recognized by law

ARTICLE 7

Repeal of laws:

o Express Repeal

• Repeal of repealing law will not revive the old law

• Unless expressly provided

o Implied Repeal

• The provisions of the subsequent law are incompatible with those of the previous law

Requisites:

o Both laws cover the same subject

o The latter law is repugnant to the earlier law

Laws are repealed only subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom, or practice to the contrary.

When the courts declare a law to be inconsistent with the constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

ARTICLE 8

Judicial decision applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.

Doctrine of Stare Decisis

o enjoins adherence to judicial precedents and is based on the principle that once a question law has been examined and decided it should be deemed settled and closed to further argument

Judicial decisions

o Are not laws

o assume the same authority as the statue itself

o No publication required binding on parties after the lapse of appeal period and will bind all future cases with identical facts, until reversed by SC

o SC’s interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect

o However, when a doctrine is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not prejudice parties who relied on the old doctrine

ARTICLE 9

No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

Duty of Judges

o Should have dispensation of justice in accordance with constitutional precept

o Not evade performance of this responsibility just because of an apparent non-existence of any law on a particular subject

Judicial Legislation

o Act of the court to legislate to fill in the gaps in the law

ARTICLE 10

In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Doubtful statutes

o duty of court is to apply the law

o CONSTRUCTION and INTERPRETATION

ARTICLES 11 & 12

Art. 11 – Customs which are contrary to law, public order or public policy shall not be countenanced. (n)

Art. 12 – A custom must be proved as a fact, according to the rules of evidence. (n)

Rules of conduct formed by repetition of acts uniformly observed as a social rule. They are legally binding and obligatory

General Rule: customs must be proved as a fact according to the rules of evidence

Exception: a court may take judicial notice of a custom if there is already a decision rendered by the same court recognizing the custom

Requisites to Make a Custom an Obligatory Rule:

o Plurality or repetition of acts

o Practiced by the great mass of the social group

o Continued practice for a long period of time

o The community accepts it as a proper way of acting, such that it is considered as obligatory upon all

ARTICLE 13

When the law speaks 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.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

In computing a period, the first day shall be excluded, and the last day included.

Rule on Periods

o Years – 365 days, unless year is identified

o Months – 30 days, unless month identified

o Days – 24 hours

o Nights – sunset to sunrise

o Calendar week – Sunday to Saturday

o Week – count 7 days as indicated, not necessarily Sunday to Saturday

• To count the period, first day is excluded, last day is included

Exception:

o Rule does NOT apply to computation of age; each year is counted based on birth anniversary

ARTICLE 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.

Obligatory Force of Penal Laws

o Citizens and foreigners both subject to ALL PENAL LAWS and other laws to maintain public safety

Exception

o Foreigners are immune from suit in cases where the gov’t waived its criminal jurisdiction

o Basis: Principles of public international law and treaty stipulation

ARTICLE 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.

Nationality Ruleo Regardless of where a

Filipino citizen maybe, he or she will be governed by Philippine laws with respect to his or her status, condition and legal capacity

o Exception: Art. 25 of Family Code

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.

Law Governing Real Properties

o The law of the country where the real property is situated shall be the governing law over such real property

o Respect to order of succession and amount of successional rights and national law of the deceased

ARTICLE 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.

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.

Prohibitive laws 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

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.

Suppletory NatureoMatters that are

governed by Code of Commerce / Special Laws – the deficiency of which can be supplied by the provisions of the Civil Code

Human RelationsARTICLE 19

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Abuse of Rights

o Elements:

• Existence of a legal right or duty

• Which is exercised in bad faith

• For the sole intent of prejudicing or injuring another

Doctrine of Violenti Non Fit Injuria

o To which a person assents is not esteemed in law as injury

Damnum absque injuria

o Damage without injury

Human RelationsARTICLES 20 and 21

Art. 20

Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

Elements:

o There is a legal act

o But which is contrary to morals, good customs, public order or public policy

o It is done with intent to injure

Arts 19, 20 and 21 are related to one another and under these articles, an act which causes injury to another may be made the basis for an award of damages

Arts 19 and 21 refer to intentional acts which Art 20 pertains either to willful or negligent acts, which must be contrary to law

Art. 21

Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.


Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

Accion in Rem Verso – action for recovery of what has been paid without just cause

Application

o When someone acquires or comes in possession of something, which means delivery or acquisition of things

o Acquisition is undue and at the expense of another, which means without just or legal ground

Requisites

o Defendant has been enriched

o Enrichment is without just or legal ground

o Plaintiff has suffered a loss

o He has no other action based on contract, quasi-contract, crime or quasi-delict


Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.

Unjust EnrichmentoNo person can

claim what is not validly or legally his or hers


In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.

Court Vigilance

o Must render justice and must be very vigilant in protecting the rights of the disadvantaged

o That all decision must be in consonance with what is right and legal


Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution.

Extravagance during Emergencyo Law seeks to prevent

INCONSIDERATE AND OSTENATIOUS ACTIVITIES during times of emergency

o Unless provided that entities are given legal standing to seek and injunction –

• Government• Private Charitable

Institution


Protection of Human Dignity o Sacredness of human

personality for human amelioration

o Laws are in created to sufficiently forestall human suffering, to curb factors or influence that would the noblest sentiments in order to be EFFECTIVE.

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

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.

Group 1

Documents

Transcript of Group 1