Persons (Chap.1) Art1-18

7/31/2019 Persons (Chap.1) Art1-18

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Historical Background of the Civil Code

March 20, 1947- EO No. 48 issued by President Manuel

Roxas

EO No. 48- created the Code Commission

Members of the Commission: Dean Jorge Bacobo, Judge

Guillermo B. Guevarra, Dean Pedro R. Ylagan, Dean

Francisco R. Capistrano, Dr. Carmelino Alvendia

May 8, 1947- Commission started drafting the Code

December 16, 1947- Commission finished drafting

June 18, 1949- Congress approved the submitted draft as

RA 386

August 30, 1950- Code took effect

Present Civil Code is premised on: Civil Code of Spainof 1889, 1935 Constitution, Existing laws and

jurisprudence, Customs and traditions, Decisions of

foreign courts, Laws of other countries, Equity and

general principles of laws

Civil Code- composed of 2270 articles, divided into 4

books:

Book I (Art. 1-413) - Law on Persons and Family

Relations

Book II (Art.414-711)Property Ownership and its

Modifications

Book III (Art.712-1155) - Different Modes of Acquiring

Ownership

Book IV (Art. 1156-2270)Law on Obligations and

Contracts

Before Civil Code of Spain, our civil law was based on:

-Recopelacion de las Leyes de las Indias, La Novisima

Recopelacion, La Nueva Recopelacion, The Royal

Ordinances of Castille, Las Leyes de Toro, La Siete

Partidas

August 3, 1988- Family Code of the Philippines took

effect

Family Code- amended the provisions in the Civil Code

on Family Relations (Art. 52-363)

July 6, 1988- Family Code was signed into law by Pres.

Corazon Aquino by virtue of EO No. 209 as amended by

EO 227.

CHAPTER 1: EFFECTS AND APPLICATION OF

LAWS

A. Title (Art. 1)- Civil Code of the Philippines

B. Effectivity of Laws (Art. 2)

GENERAL RULE: Laws shall take effect after 15 days

following the completion of its publication in the

Official Gazette, unless it is otherwise provided. This

Code shall take effect one year after such publication.

1. Art. 2 applies to ordinary laws and the Civil CodeOrdinary Laws:

2. When the law provides for its own effectivity, itshall take effect on the date it is expressly providedto take effect.

3. When the law provides for its own effectivity orupon approval by the President, publication is no

longer necessary so long as it is NOT PUNITIVE IN

CHARACTER. However, this ruling has already

been abandoned (Tanada vs. Tuvera).

4. When the law does not provides for its owneffectivity, it follows the General Rule.

Publication- intended to familiarize the people with the

statute.

- Must be full or it is no publication at all.- Absence of publication would offend due

process in so far as it would deny the public of

the laws that are supposed to govern it.

5. unless it is otherwise provided- refers to thefifteen day period and not to the requirement of

publication.- Legislature may in its discretion provide that the

usual fifteen day period be shortened or

extended.

- If the law provides for a period shorter or longerthan the 15-day period, such shorter or longer

period shall prevail.

In any case, there should always be publication before

the law can take effect.


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6. All statutes shall be published as a condition fortheir effectivity unless legislature fixes a different

effectivity date. This covers :

-PDs and EOs

- Administrative rules and regulations as long as

their purpose is to enforce or implement existing

laws pursuant also to a valid delegation.

7. Interpretative regulations and those merely internalneed not be published.

8. EO 209: Publication may be done not only in theOfficial Gazette but also in newspapers of general

circulation because they are easily and regularly

available and have a wider readership.

Civil Code

9. Civil Code shall take effect one year after itspublication:

In the case of Lara v. Del Rosario, the SC in an

obiter dictum ruled that Civil Code took effect

on August 30, 1950 even though its publication

is on June 1949. It was released for circulation

on August 30, 1949. This ruling was criticized

as it seems to contradict the letter of the law

which provides that the one year period shall be

reckoned from the date of publication and not

circulation.

C. Ignorance of the Law excuses no one (Art. 3)

1. Ignorantia legis non excusat- founded on

expediency, policy and necessity.

- Refers only to mandatory and prohibitory laws,not to permissive or suppletory laws.

- This rule is the basis of the SC in saying that alllaws must be published.

2. This rule applies to all kinds of domestic laws whether

civil or penal, and whether substantive or remedial.

Ignorance of foreign law is not ignorance of the law but

ignorance of the fact.

Foreign laws must be alleged and proven as a fact.

Doctrine of Processual Presumption- if the foreign law

is not properly alleged and proved, the presumption is

that it is the same as our law.

E.g. In the absence of proof, we will presume that the

law of China is the same as ours where the village elder

cannot perform marriage.

D. Law are generally prospective (Art. 4)

1. GENERAL RULE: In the absence of a clearmandate of the law that it shall be applied

retroactively, the law will only apply prospectively.

2. EXCEPTIONS- retroactivity can be applied:

- When the law expressly provides for its retroactivity

- When the law is curative or remedial in nature-when the law is procedural

-When the law is penal in character and favourable to the

accused.

-When a substantive right is declared for the first time,

unless vested rights are impaired.

3. A law that is penal in nature cannot be given

retroactive effect if it is disadvantageous to the accused

because it becomes an ex post facto law.

However, if it is favourable to the accused, it is allowed

provided the accused is not a habitual delinquent.

E.g. People v. Patalin. Suspension of the death penalty

by the 1987 Constitution. Death penalty cannot be

imposed as punishment to offenders who committed

capital offenses before 1987. Perforce, reimposition of

death penalty in 1994 will not affect them.

4. A law cannot be given retroactive effect if it impairs

vested rights provided by the old law.

E.g. An illegitimate child born before the Family Code

of 1988 took effect can still prove his Illegitimate

filiation even the death of his father in 1992.

E. Violation of Mandatory or Prohibitory Laws (Art.

5)

1. GENERAL RULE: Acts in violation of mandatory or

prohibitory laws are void.


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Mandatory laws- those which require something to be

done.

E.g. law requiring will be in writing

Prohibitory laws- those which contains positive

prohibition and requires that certain acts should not be

done.

E.g. law prohibiting the making of a joint will by 2 or

more persons

2. Directory law- a law which leaves it optional with the

department or officer to which it is addressed to obey it

or not. Violation thereof does not render the act void or

illegal.

-Statute requiring the rendition of judgment within a

specified time is merely directory.

3. EXCEPTION to the GENERAL RULE:

- When the law makes the act not void but voidable.

E.g. Marriage consent through fraud or intimidation

makes the marriage merely voidable.

- When the law makes the act valid, but the wrongdoer is

subject to criminal liability.

E.g. Widow marries before the 300 day period set by

the RPC. She is criminally liable but her marriage is still

valid.

- When the law itself makes the act valid when it should

have been void.

E.g. Gambling is prohibited but certain forms of

gambling are allowed by law.

- When the law makes the act void, but recognizes some

legal effects flowing therefrom.

E.g. marriage with psychologically incapacitated partner

is void but children from marriage are legitimate.

F. Waiver of Rights (Art. 6)

1. GENERAL RULE: Rights may be waived.

EXCEPTIONS:

-When the waiver is contrary to law, public order, public

policy, morals or good customs

-when the waiver is prejudicial to a third person with a

right recognized by law.

2. Waiver- intentional relinquishment of a known right.

Person must be capacitated to make a waiver. Right mus

already been in existence at the time waiver is made.

3. Rights that cannot be waive:

-natural right to life

-right which did not exist yet

- renunciation of right which would violate public

policy.

4. Agreement of husband and wife, separated de facto,

that waive their right to sue each other for concubinageor adultery is void as it is against public policy.

5. a contract with the right to repurchase something

containing a prohibition against selling the property to

any other person except the heirs of the vendor is a retro

null and void as it is contrary to law.

6. Waiver of inheritance is void because it is contrary to

law. If inheritance has already accrued, the waiver may

be valid except when it is done to prejudice a creditor.

7. Political rights cannot be a subject of a waiver.

G. Repeal of Laws (Art. 7)

1. Laws are repealed either EXPRESSLY OR

IMPLIEDLY.

Express Repeal- Repeal literally declared in specific

terms as where particular laws and provisions are

identified and declared repeal.

Implied repeal- when a new law contains provisions

contrary to or inconsistent with those of a former

without expressly repealing them.

2. Lapse of Law- if the law provides for a period within

which it will be effective then, the lapse of the period

stated will cause the death of such law w/o a need for

repeal.


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3. The fact that the law has not been used anymore or

that it has been violated more often, does not mean that

it is already repealed.

4. When a law which EXPRESSLY repeals a prior law

is itself repealed, the law first repealed shall not be

revived unless expressly provided.

When a laws which IMPLIEDLY repeals a prior law is

itself repealed, the repeal of the repealing law revives the

prior law unless the language of the repealing statute

provides otherwise.

5. In case of conflict between the constitution and a

statute, the constitution will prevail, it being the basic

law of the land.

6. If only a portion of a statute is in conflict with the

constitution, the courts may declare partial

unconstitutionality of the said statue ONLY when the

said portion is separable from the other provisions of the

statute.

GR: Where the part of a statute is void, while the other is

valid, that valid portion, is separable from the invalid,

may stand and be enforced.

7. Hierarchy of Laws:

Constitution > laws and statutes enacted by congress>

Administrative or Executive acts, orders and regulations

formulated by administrative agencies

8. A law can be declared unconstitutional if:

-its enactment is not within the legislative powers of

Congress

-arbitrary methods may have been established

-the purpose or effect violates the Constitution

H. Are Judicial Decisions Laws?

1. GENERAL RULE: Decisions of the Supreme Court

applying or interpreting the laws or the Constitution

form parts of our legal system.

However, they are not considered laws as this would

violate the principle of separation of powers. Judicial

decisions, however, are evidence of what the law mean

that is why they form part of our legal system.

Interpretation of laws by courts has the force and effect

of law.

2. Only decisions of the SC establish jurisprudence or

doctrines in the Philippines and therefore part of our

legal system.

Decisions of the subordinate courts are only persuasive

in nature and have no mandatory effect.

3. When a doctrine of the SC is overruled and a different

view adopted, the new doctrine shall be applied

prospectively and should not apply to parties who had

relied on the old doctrine and acted in the faith thereof.

E.g. People v. Jabinal: Acquittal of the accusedappointed as a secret confidential agent authorized to

possess a firearm in 1964 pursuant to prevailing doctrine

enunciated by the SC in two previous cases under which

no criminal liability is attached despite absence of

permit. This is so even if the SC in 1967 reversed the

said doctrine enunciated in the two previous cases.

Apiag v. Cantero: SC ruled that a judge who entered into

a second marriage in 1986 without having his first

marriage judicially declared void cannot be held

administratively liable for immorality because the

prevailing doctrine was still that of Odayat v. Amante

where judicial nullity is not needed in a void marriage.

The doctrine in the case of Wiegel v. Sempio Diy which

declares the need of nullity of the previous marriage was

not yet promulgated.

4. Judicial decisions may be abrogated by:

- contrary ruling of the SC

-corrective legislative acts of Congress

I. Duty of Judge is Law is Silent (Art. 9)

1. GENERAL RULE: The judge is duty bound to render

judgment even if the law is silent or obscure.

Judge can apply any rule id he consider it fair and just

i.e. Judge may apply customs and traditions, decisions of

foreign court by analogy, opinions of highly qualified

writers and professors, rules on statutory construction or

principles laid down in analogous circumstances.


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2. The role of the judiciary is to apply or interpret the

law. However, with Article 9 of the Civil code, there are

instances where the judiciary must legislate to fill in the

gaps of the law.

E.g. Floresca vs. Philex Mining Corporation.

J. Interpretation of Laws (Art. 10)

1. Primary function of the judiciary is to apply the law.

Where the law is clear, it must be applied. COURTS

WILL INTERPRET THE LAW ONLY IF ITS

PROVISIONS ARE AMBIGUOUS OR VAGUE.

2. If two possible interpretations arise, that which will

achieve the ends desired by congress should be adopted.

3. Courts should not apply equity, if equity will not serve

the end of justice.

K. Customs (Art. 11 and 12)

1. Custom- rule of conduct formed by repetition of acts,

uniformly observed and practiced as a social rule, legally

binding and obligatory.

A custom must be proved as a fact according to rules of

evidence.

Courts take no judicial notice of customs.

Custom can only be applied by the court as a source of

right in the absence of applicable law.

Customs, if proven, cannot prevail over a statutory rule

or even a legal rule by the SC.

I.Computation of Periods (Art. 13)

Years- 365 days

Months- 30 days

Days- 24 hours

Night- sunset to sunrise

1. If the law provides for a prescriptive period e.g. often years for bringing an action in court, the period

shall start to run form the time the right of action

accrues and the last day shall be on the 3,650th day

after said date.

2. In computing a period, the first day shall beexcluded and the last day excluded.

3. When the last day of the period is a Sunday or aHoliday- depends upon the source of obligation:

Ordinary contract- GR: an act is due even if the last day

is a Sunday or a Holiday

Period prescribed by the Rules of Court, by order of thecourt or any applicable stature- the last day will be the

day after Sunday or legal holiday.

M. Theories of Territoriality (Art. 14)

1. GENERAL RULE: Penal laws and those of public

security and safety shall be obligatory upon those who

live and sojourn in Philippine territory.

2. EXCEPTIONS: Principle of Public International law

and to treaty of stipulations.

3. Diplomatic agents are immune from criminal

jurisdiction of the receiving state.

4. Foreigner may also be exempted from coverage of out

penal laws through treaty stipulations exempting him

from jurisdiction of our courts.

N. Nationality Theory (Art. 15)

1. A Filipino, wherever he may go, is governed by the

laws of the Philippines relating to family rights and

duties, status, condition and legal capacity.

2. Nationality theory applies not only to Filipinos living

abroad but also to foreigners living here in the

Philippines.

O. Doctrine of Lex Rei Sitae (Art. 16)


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1. Lex Rei Sitae- law of the place where the real

property is located.

Real property as well as personal properties are

governed by the law of the country where the properties

are located.

E.g. Shares of stock in a corporation owned by foreigner,

even if a personal property, can be taxed in the

Philippines so long as property is located in this country

(Wells Fargo Bank v. Collector of BIR)

2. Under the old Civil Code, the domiciliary law applies

under the doctrine of mobilia sequuntur personam

3. Successional rights is exempted from the Lex Situs

rule

Art. 16 provides that the national law of the decedent

governs the following:

-order of succession

-amount of successional rights

- intrinsic validity of testamentary provisions

4. A foreigner residing in the Philippines cannot statein his last will and testament that his properties shall

be disposed of in accordance with Philippine Law. It

is his national law that shall govern.

5. Our Court, in settling the estate of a deceaseforeigner must apply his national law.

Exception;

Doctrine of Renvoi Problem- if the national law of the

decedent refers the problem to the law of the h where

decedent is domiciled.

6. Testate Estate of Amos Bellis v. Edward A. Bellis:The illegitimate children are not entitled to the will

because they are not entitled to it under the national

law of the decedent. Renvoi doctrine cannot be

applied here since the decedent is both a citizen and

a resident of Texas, USA.

P. Lex Loci Celebraciones (Art. 17)

1. GENERAL RULE: the law of the place where the

contract was executed, determines the validity of the

contract. THIS RULE, HOWEVER, APPLIES ONLY

TO THE EXTRINSIC VALIDITY OF THE

CONTRACT.

2. Even if the act be done abroad, if it is executed before

Philippine diplomatic and consular offices, the

solemnization of Philippine law shall be observed.

3. Our prohibitive law shall not be rendered ineffective

by laws of foreign countries or judgment of a foreign

court.

E.g. A marriage between two Filipinos validly

solemnized in the Philippines cannot be rendered

ineffective by a judgment of a foreign court granting the

divorce in favour of one spouse.

Q. Suppletory Nature of the Civil Code (Art. 18)

1. GENERAL RULE: In case of conflict between a

special law and a general law, the former prevails. Thus

in case of a conflict between the Code of Commerce and

the Civil Code, the former shall generally prevail.

2. There are instances when Civil Code expressly declare

itself superior to special laws i.e. in Common Carriers

(Art. 1766) and Insolvency (Art. 2237).

3. EXCEPTION- suppletory nature of the Civil Code

E.g. Insurance Code is silent as to when a contract is

perfected. The court applied the provision of the Civil

Code which requires knowledge by the offeror of the

acceptance. In case of deficiency of the Code of

Commerce, the Civil Code will apply suppletorily.

4. Not all defiency in the Carriage of Goods by Sea Act

can be supplied by the Civil Code.

E.g. Dole Philippines, Inc. v. Maritime Co. of the Philippines:

the claim referred to in the Carriage of Goods by Sea Act is a

formal judicial claim and not just an extrajudicial demand.

Hence, the general provisions of the Civil Code (Art. 1155)

cannot be made to apply as it would have the effect of

extending the one-year period of prescription fixed by law

thereby unnecessarily extending the period and delaying the

settlement of questions affecting transportation.

Persons (Chap.1) Art1-18

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