Civil Law

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When did the New Civil Code took effect?

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August 30, 1950

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Article 2:

Scope of the Article on Effectivity of Laws

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a. An ordinary law

b. The Civil Code

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Effectivity Date of an Ordinary Law

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General Rule: 15 days after completion of publication in OG or any newspaper of general circulation.

Exception: The law can provide for its own date of effectivity

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Mandatory Effect of Laws

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• Publication is MANDATORY for allstatutes, including PDs and EOs

• AOs and Regulations must also bepublished if their purpose is to enforce orimplement existing law

• An immediate effectivity clause does notpreclude the requirement of publication

• Publication must be in full (otherwise,it is not deemed published at all) since itsPURPOSE is to inform the public of itscontents

• Non-publication of the law would offenddue process (persons not aware of lawswould be prejudiced)

• Effect of Publication: The people aredeemed to have conclusively beennotified of the law even if they have notread them.

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Covered by Publication Requirement

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-Presidential Decrees and Executive Orders

- Administrative rules and regulations, if their purpose is to enforce or implement existing law pursuant to a valid legislation

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Not Covered by Publication Requirement

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Interpretative regulations and those administrative regulations internal in nature

- Letters of Instructions

- Municipal ordinances (because they are covered by the Local Government Code)

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Article 3: Compliance with the Law

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Ignorance of the law excuses no one fromcompliance therewith (Ignorantia juris neminemexcusat)

NOTE: Applies only to mandatory and prohibitorylaws (Consunji v. CA, [G.R. 137873 April 20,2001])

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Article 4: Non Retroactivity of Laws

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General rule: laws are not retroactiveExceptions: (PIERCER)

1. Penal laws when favorable to the accusedwho is not a habitual delinquent orrecidivist

2. Interpretative statutes

3. When the law itself expressly provides- Exception to the exception:a. Ex post facto lawb. When retroactivity impairs theobligations of contracts

4. Remedial statutes

5. Curative statutes

6. Emergency laws

7. Laws creating new substantive rights

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Article 5: Mandatory and Prohibitory Laws

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General Rule - Acts executed against theprovisions of mandatory or prohibitory laws shallbe void.

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Exceptions

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1.When law itself authorizes their validity

2.When law makes the act only voidable and not void

3.When law makes the act valid but punishes the violator

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Article 6: Waived Rights

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General Rule- Rights may be waived

Exceptions - When waiver is

1. Contrary to law, public order, publicpolicy, morals, good customs (e.g. waiver offuture inheritance, political rights, future support)

2. Prejudicial to a third person with a rightrecognized by law

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Requisites for a Valid Waiver

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1. Person making the waiver must have the right he is waiving

2. He must have the capacity to make the waiver

3. The waiver must be made in a clear and unequivocal manner

4. Such waiver is not contrary to law, public order, public policy, morals or good customs or is prejudicial to third person.

5. If required, formalities must be complied with.

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Examples of Rights that Cannot be Renounced

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1. Natural rights, such as the right to life

2. Alleged rights which really do not yet exist

3. Those the renunciation of which would infringe upon public policy

4. When the waiver is prejudicial to a third person with a right recognized by law.

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Examples of Rights that may be Renounced

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1. Support in arrears - for evidently this is no longer needed for subsistence.

2. The right granted to prepare at least two days before is waivable, expressly or impliedly.

3. The right to object to testimony of a wife on information obtained because of her domestic relations with her husband

4. The right of the accused to be helped by counsel may also be waived; provided, the judge informs said accused of his right.

5. The right of the accused in a criminal case to have a preliminary investigation may be waived.

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Article 7: Repeal of Laws

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1. Express repeal - repeal of repealing law will not revive the old law (unless expressly provided)

2. Implied repeal - the provisions of the subsequent law are incompatible with those of the previous law

Requisites:

1. Both laws cover the same subject matter

2. The latter law is repugnant to the earlier law

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In case of conflict between a general and a special law, which should prevail?

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1. If the general law was enacted prior to the special law, the latter is considered the exception to the general law. Therefore, the general law, in general remains good law, and there is no repeal, except insofar as the exception or special law is concerned.

2. If the general law was enacted after, the special law remains unless:

- there is an express declaration to the contrary

- there is a clear, necessary and unreconcilable conflict.

- unless the subsequent general law covers the whole subject and is clearly intended to replace the special law on the matter.

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Lapse of Laws

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Laws may lapse (end by itself in view of the expiration of the period during which it was supposed to be effective) without the necessity of any repeal

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Effect if the Repealing Law is Itself Repealed

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1. When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived, unless expressly so provided.

2. When a law which repeals a prior law, not expressly but by implication, is itself repealed, the repeal of the repealing law revives the prior law, unless the language of the repealing statute provides otherwise.

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Some Grounds for Declaring a Law Unconstitutional

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1. The enactment of the law may not be within the legislative powers of the lawmaking body.

2. Arbitrary methods may have been established.

3. The purpose or effect violates the Constitution or its basic principles.

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Articles 8: Judicial Decisions

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Decisions which apply or interpret the Constitution or the laws are part of the legal system of the Philippines, but still they are not laws. Judicial decisions, though not laws, are evidence.

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Doctrine of Stare Decisis

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- Let it stand, et non quieta movere

- adherence to judicial precedents

- states that once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner

- should not apply when there is a conflict between the precedent and the law

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Do we have Stare Decisis in the Philippines?

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Yes we do have, but is not absolute/complete Stare Decisis. Under the said principle, no court below the SC can render a judgment against the decision of SC. All courts below SC must adhere to the doctrines laid down by the SC.

Exception: SC is the only court that can reverse itself.

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Obiter Dicta

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- opinions not necessary to the determination of a case. They are not binding and cannot have the force of judicial precedents.

- an opinion "uttered by the way, not upon the point of question pending." It is as if the Court were turning aside from the main topic of the case to collateral subjects.

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How Judicial Decisions may be Abrogated

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1. By a contrary ruling by the Supreme Court itself.

2. By corrective legislative acts of Congress

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When Final Judgments May be Changed

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1. A judgment void for lack of jurisdiction over the subject matter can be assailed at any time either directly or collaterally.

2. After judgment has been rendered and the latter has become final, facts and circumstances transpire which render its execution impossible or unjust, the interested party may ask the court to modify or alter the judgment to harmonize the same with justice and with the facts.

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Article 9: Duty of a Judge or Court if the Law is Silent

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A judge must give a decision, whether he knows what law to apply or not. Thus, even if a judge does not know the rules of cockfighting, he must still decide the case.

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Rules that a Judge may apply

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1. Customs which are not contrary to law, public order, and public policy.

2. Decisions of foreign and local courts on similar cases.

3. Opinions of highly qualified writers and professors.

4. Rules of Statutory construction.

5. Principles laid down in analogous instances.

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Article 10: Dura Lex Sed Lex

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The law may be hard, but it is still the law. The first duty of the judge is to apply the law- whether it be wise or not, whether just or unjust- provided that the law is clear, and there is no doubt.

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In Case of Doubt

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In case of doubt, the judge should presume that "the lawmaking body intended right and justice to prevail."

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Article 11: Customs

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Customs which are contrary to law, public orderor public policy shall not be countenanced. Acustom must be proved as a fact according to therules of evidence.

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When Customs can be applied by a court in the rendition of judgment?

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1. Silence of the law

2. Incompleteness/Vagueness of the law

3. Obscurity of the Law

-Applies only in Civil Cases.

- If criminal case, no. If there's no applicable law, judgment should be dismissal.

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What is custom?

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A custom is a rule of human action (conduct) established by repeated acts, and uniformly observed or practiced as a rule of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding.

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Requisites Before the Courts can Consider Customs

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1. Plurality of acts or acts have been repeatedly done

2. Generally practised by the great mass of the social group

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

4. The practice has been going on for a long period of time.

5. The custom must not be contrary to law, public order, or public policy.

6. There must be a juridical intention to make a rule of social conduct

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Law Distinguished from Custom

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Law is written, consciously made, and enacted by Congress. A custom is unwritten, spontaneous, and comes from society.

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Article 12: Custom must be proved a fact

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There is a presumption that a person acts according tothe custom of the place. A custom is presumed not to exist when those who shouldknow, do not know of its existence.

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Kinds of Customs

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1. A general custom is that of a country; a “custom of theplace” is one where an act transpires.

2. A custom may be propter legem (in accordance with law) orcontra legem (against the law). It is unnecessary to applythe fi rst, because it merely repeats the law; it is wrong to apply the second. Customs extra legem are those which may constitute sources of supplementary law, in defaultof specific legislation on the matter.

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Article 13: Periods

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General Rule: (1st Paragraph)

Year = 365days/12 months;

Month = 30 days

week= 7 days

Day = 24hours

Night = sunset to sunrise

Exception (2nd paragraph):

Month is designated by name; count the days of the specific month

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Can you apply Article 13:

1. in computing age?

2. in computing pregnancy?

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1. Yes.

2. Never. You can only approximate.

Front 39

Rule if the Last Day is a Sunday or a Legal Holiday

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- In an ordinary contract , the general rule is that an act isdue even if the last day be a Sunday or a legal holiday.Thus, a debt due on a Sunday must, in the absence ofan agreement, be paid on that Sunday. There are, of course, some exceptions, among them thematurity date of a negotiable instrument.

- When the time refers to a period prescribed or allowed bythe Rules of Court, by an order of the court, or by any otherapplicable statute, if the last day is a Sunday or a legalholiday, it is understood that the last day should reallybe the next day, provided said day is neither a Sundaynor a legal holiday.

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Governing Laws (Arts. 14-17)

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Front 41

Theories of Territoriality and Generality

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We adhere in the Philippines to that doctrine in criminal law known as the theory of territoriality; i.e., any offense committed within our territory offends the state. Therefore anyperson, whether citizen or alien, can be punished for committinga crime here. Thus, the technical term generality came into being;it means that even aliens, male or female come under ourterritorial jurisdiction. This is because aliens owe some sort ofallegiance even if it be temporary.

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Exceptions

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1. The principles of public international law.

2. The presence of treaty stipulations.

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Define Status

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The status of a person in civil law includes personalqualities and relations, more or less permanent in nature, andnot ordinarily terminable at his own will, such as his being married or not, or his being legitimate or illegitimate. Bouvier’s Law Dictionary defines status asthe sum total of a person’s rights, duties, and capacities; Sanchez Roman considers civil status the distinctconsideration of a person before the civil law.

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Scope of Art. 15 (Nationality Principle)

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(a) Family rights and duties (including parental authority,marital authority, support);

(b) Status;

(c) Condition;

(d) Legal capacity. (But there are various exceptions tothis rule on legal capacity.)

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Article 16: Real and Personal Properties

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First Paragraph:

Real or personal properties shall be governed by Lex Rei Sitae.

Second Paragraph (exception):

Succession/Death (order of succession, amount of successional rights, and intrinsic validity testamentary provisions) shall be governed by national law of the descendant/testator.

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Rules on Intrinsic Validity of Contracts

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1. Law stipulated by parties shall be applied

2. In default thereof and the parties are of the same nationality, their national law shall be applied

3. If the parties are of different nationalities, the law of the place of the perfection of the obligation or of the performance shall govern its fulfilment

4. If the above places are not specified and they cannot be deduced from the nature and circumstances of the obligation, then the law of the passive subject shall apply

5. RENVOL DOCTRINE: Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the internal law, the latter law (law of forum) shall apply.

If the foreign law refers it to a third country, the said country’s law shall govern (transmission theory).

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Article 17: Formal validity of wills, contracts and other public instruments.

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Formalities for the acquisition, encumbering,and alienation of property shall not be governed not by lex rei sitae but lex loci celebrationis

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Validity of Instruments

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Formal/Extrinsic - forms of solemnities that must be observed in execution

Intrinsic- validity of provisions contained in the instrument

Art. 17(1) speaks of the extrinsic validity of contracts, wills, and other public instruments. It is silent on what law shall govern the intrinsic validity of contracts

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Conflict of Rules

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Capacity to Enter into Ordinary Contract

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The capacity to enter into an ordinary contract is governed by the national law of the person, and not by the law of the place where the contract was entered into.

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Rules on Prohibitive Laws

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General Rule: Prohibitive laws concerning persons, their acts or property and laws which have for their object public order, public policy or good customs are not rendered ineffective by laws, judgments promulgated or conventions agreed upon in foreign country.Exception: Art. 26 (2) of Family Code

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Principle of Abuse of Rights (Article 19)

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When the right is exercised for the purpose of prejudicing or injuring another.

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Requisites

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1. There is a legal right or duty;

2. Which is exercised in bad faith;

3. For the sole intent of prejudicing or injuring another

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Doctrine of Volenti non fit Injuria

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- to which person assents is not esteemed in law as injury)

- Pertains to self-inflicted injuries or to the consent to injury which precludes the recovery of damages by one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing so.

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Acts contra bonus mores (Article 21)

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Presupposes loss or injury, material or otherwise, which one may differ as a result of such violation.

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Article 21: Elements

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1. There is an act which is legal;

2. But which is contrary to morals, goodcustoms, public order, or public policy;

3. And it is done with intent to injure

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More on Articles 19-21

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Under Arts. 19 & 21 the act must be done intentionally. However, Art. 20 does not distinguish, the act may be done either willfully or negligently, as long as the act is be contrary to law.

• While a breach of promise to marry is not actionable, it has been held that to formally set a wedding and go through and spend for all the wedding preparations and publicity, only to walkout of it when the matrimony was about to be solemnized is a different matter. Such act is palpably and unjustifiably contrary to good customs for which the defendant must be held answerable for damages in accordance with Art.21 of the NCC.

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Accion in Rem Verso (Article 22)

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Action for recovery of what has been paid without just cause.

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Article 22: Requisites

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1. Defendant has been enriched

2. Plaintiff suffered a loss

3. Enrichment of defendant is without just or legal ground

4. Plaintiff has no other action based on contract, quasi-contract, crime, or quasi-delict

Distinguished from solutio indebiti: Mistake is an essential element in solutio indebiti (undue payment) but not inaccion in rem verso.

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Duty to indemnify one for damage to his property (Article 23)

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When defendant wasbenefitted even if not due to fault or negligence

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Duty of Courts to Protect a party in a contract (Article 24)

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When such party is at adisadvantage on account of his: (MIgIMenTO)

- Moral dependence

- Ignorance

- Indigence

- Mental weakness

- Tender age

- Other handicap

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Thoughtless Extravagance (Article 25)

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May be prevented if the following requisites are present:

1. During an acute public want or emergency

2. Person seeking to stop it is the gov’t or aprivate charitable institution

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Protection of Human Dignity (Article 26

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Every person shall respect the dignity, personalty, privacy and peace of mind of his neighbors and other persons.

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The following acts produce a cause of action fordamages, prevention and other relief:

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(PryMIVex)

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 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

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Relief Against Public Officials (Article 27)

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A public officer who commits a tort or other wrongful act, done in excess or beyond the scope of his duty, is not protected by his office and is personally liable therefore like any private individuals.

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Civil Actions

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- When accused is acquitted in a criminal case because his guilt was not proved beyond reasonable doubt: plaintiff may still file a civil action for damages for the same act or omission.

- Independent civil actions: Articles 31 to 34,2176

- Art. 31: based on an obligation NOT arising from felony

- Art. 32: violation of civil liberties

- Art. 33: defamation, fraud, and physical injuries

- Art. 34: police refuses/fails to render aid or protection to any person in case of danger tolife or property

- Art. 2176: quasi-delict

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Article 36: Prejudicial Questions

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General Rule : if both criminal and civil cases are filed in court, the criminal case takes precedence.

Exception : When there is a prejudicial question or a question that arises in a case, the resolution of which is a logical antecedent ofthe issue involved herein, and the cognizance ofwhich pertains to another tribunal

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Elements

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1. Civil action involves an issue intimately related to the issue in criminal action

2. Resolution of issue in civil case determines whether or not the criminal action may proceed

3. Cognizance of civil case pertains to another tribunal

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Persons: Civil Personality

Kinds of Persons

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1. Natural Persons - human beings

2. Juridical Persons - entities, artificial beings created by law

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Natural Persons v Juridical Persons

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Natural- can do anything as long as not prohibited by law

Juridical- artificial created by law, limited; can do only such things as may be authorized by law

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Juridical Capacity v. Capacity to Act(Art. 37)

Kinds of Capacities

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Theories on Capacity to Act

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Full Civil Rights

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Union of both juridical capacityand capacity to act

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Restrictions on Capacity to Act(Article 38)

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Do not exempt the incapacitated person fromcertain obligations

1. Minority

2. Insanity

3. State of being Deaf-mute

4. Imbecility

5. Civil Interdiction

6. Prodigality – state of squandering money orproperty with a morbid desire to prejudice theheirs of a person (Martinez v. Martinez, 1 Phil.182)

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Circumstances that Modify or Limit Capacityto Act (art. 39)

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Age

Penalty

Absence

Insanity

Prodigality

Insolvency

Imbecility

Family Relations

Trusteeship

Deaf-muteness

Alienage

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Civil Personality

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The aptitude of being thesubject, active or passive, of rights andobligations

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Marriage (Women): a limitation to capacity to act

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A single/unmarried woman can do more than married woman. The moment a woman gets married, in conjugal partnership property the husband is the administrator of the property. The wife cannot bind the conjugal property. (Civil Code)

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Civil Personality, Natural Persons (Articles. 40-43)

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General Rule - Determined by birth,extinguished by death.

Exception - The conceived child shall beconsidered born for all purposes favorable to it,provided it be born later under the followingconditions:

1. It is alive at the time it is completelydelivered from the mother’s womb

2. BUT if it had an inter-uterine life of lessthan 7 months, only if it lives for atleast 24 hours after its completedelivery from the maternal womb

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When does personality begins?

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The law states that personality begins at birth. (Permanent)

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Two types of Personality

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1. Permanent

2. Temporary/ Presumptive - unborn child only for:

- civil beneficial purposes

- provided that the child is born in accordance with law

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When is a child considered born? (Article 41)

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General Rule: If the child had intrauterine life of at least 7 months and it is alive at the time when it is delivered, acquired personality even if it died after.

Exception: If less than 7 months, must not die 24 hours after completely delivered.

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Doubts as to Order of Death

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As between twoor more persons called to succeed each other, ifthere is doubt as to which of them died first,whoever alleges the death of prior to the other shall prove the same. In the absence of proof, itis presumed that they died at the same time andthere shall be no transmission of rights from oneto the other.

· This rule applies only to cases involvingsuccession

Front 83

Civil Personality, Juridical Persons (Articles. 44-47)

Who are Juridical Persons?

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1. The state and its political subdivisions

2. Other corporations, institutions, andentities for public interest or purpose,created by law

3. Corporations, partnerships, andassociations for private interest orpurpose

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When Personality Begins and Ends

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Creation : (1) and (2) are created by thelaws creating or recognizingthem, private corporations aregoverned by the Corp. Code (B.P.68) and partnership andassociations are governed by theprovisions of the New Civil Codeon partnerships

· Extinguished : by termination of existence

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Rights of Juridical Persons

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1. Acquire and possess property of all kinds

2. Incur obligations

3. Bring civil or criminal actions

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Citizenship and Domicile

Citizenship v Nationality

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Citizenship is the status of being a citizen, or of owingallegiance to a certain state for the privilege of being under itsprotection. While citizenship is political in character, nationalityrefers to a racial or ethnic relationship. This is the difference,as the two terms are known in such subjects as politicalscience, social science, and sociology.

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Three Kinds of Citizens

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1. Natural-born citizen — Those who are citizens of thePhilippines from birth without having to perform any actto acquire or perfect their Philippine citizenship.

2. Naturalized citizens — citizens who become such throughjudicial proceedings.

3. Citizen by election — citizens who become such by exercisingthe option to elect a particular citizenship, usuallywithin a reasonable time after reaching the age of majority.

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Citizenship in the Philippines

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In the Philippine jurisdiction, what is followedis the concept of jus sanguinis (citizenship byblood) as opposed to jus soli (citizenship byplace of birth)

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Who are Filipinos?

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1. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution

2. Those whose fathers or mothers are citizens of the Philippines

3. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority.

4. Those who are naturalized in accordance with law.

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Domicile (Articles 50-51)

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Natural persons- it is theplace of habitual residence

Juridical Persons - it is wheretheir legal representation isestablished or where they exercisetheir principal functions (when the law creating them does not fix thedomicile)

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A minor follows the domicile of his parents

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Domicile of origin can only be lost when achange of domicile occurs.

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Requirements for the acquisition of newdomicile

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1. Bodily presence in a new locality

2. Intention to remain therein (animusmanendi)3. Intention to abandon the old domicile(animus non revertendi)

The husband and the wife shall fix the familydomicile. In case of disagreement, the courtshall decide

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Kinds of Domicile

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1. Domicile of origin – received by a person atbirth

2. Domicile of choice – the place freely chosen bya person sui juris

3. Constructive domicile – assigned to a child bylaw at the time of his birth