THE CIVIL CODE Republic Act No.

386 CHAPTER 1: EFFECT AND APPLICATION OF LAWS ART 1: This act shall be known as the Civil Code of the Philippines Civil Code collection of laws which regulate the private relations of the members of society, their rights and obligations with reference to persons, things and civil acts Philippine Civil Code we used to adapt the civil code of Spain in 1889; - made up of Spanish, English and American patterns - Code Commission Sources of the Civil Code (6): 1. The Civil Code of 1889 2. Code, laws and judicial decisions and other works of jurists of countries like Spain, France, Argentina, Mexico, England, Italy 3. Doctrines from the Supreme Court of the Philippines 4. Filipino customs and traditions 5. Philippine statutes (Marriage Law, Divorce Law, Rules of Court) 6. Code Commission itself Reasons for Foreign Element: 1. Contact with Western culture for 4 centuries (Romans) 2. From Anglo-American law, a. Its culture has been incorporated into Filipino life, b. Economic relations will continue in the future and c. American and English courts have developed certain rules that are not recognized in 1889 constitution 3. Concept of right and wrong are the same through out the world *Customs introduced in the new Civil Code are family relations and succession Arrangement of the Code: 4 Books: 1. Book I Persons

2. Book II Property, Ownership and Its modifications 3. Book III Different Modes of Acquiring Ownership 4. Book IV Obligations and Contract Subjects are omitted when 1. No contracts or wills in the Philippines refer to the said subject or 2. If it is not in accordance to Filipino values Example: dowry, censos, use and habitation Language of the Code - While the form is English, the substance/content is Spanish and Filipino

ART 2: Laws shall take effect after 15 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 Effectivity of the Code became effective on AUGUST 30, 1950 Effectivity of Laws if statue does not provide its own date of effectivity, provisions of the NCC shall apply ART 3: Ignorance of the law excuses no one from compliance therewith. Presumption of Knowledge of Law Once a law has been promulgated and taken effect, it is the duty of everyone to know it. Cant escape its effects by saying that he doesnt know the provisions Reasons for Article: 1. Social life will be impossible because most laws cant be enforced due to their being unknown to many 2. Absurd to absolve those who are not aware of the law and increase obligation to thise who know 3. Almost impossible to prove the contrary if s/he claims that s/he is innocent 4. To remind the people what they have to do

What Laws Covered those of the Philippines (mandatory and prohibitory laws only) *Its IRREVOCABLE * Ignorance of fact (not aware of a certain fact) may excuse someone from the legal consequence but not ignorance of law (committed the act without knowing that that is against the law) * Lawyer cannot be disbarred for an honest mistake or error of law since no man is supposed to know the law perfectly ART 4: Laws shall have no retroactive effect, unless the contrary is provided Retroactive law Punishing an act even before there was a law stating that it is punishable by law (Time) Reasons why there should be no retroactive effect: 1. May lead to arbitrary exercise of the legislative power 2. The law itself would be inconsistent (repeal) 3. Injustice would be committed 4. People wouldnt know what to follow - Exceptions: 1. When the law itself expressly provides (by the Legislative power) but: a. Should not make it an ex post fact law b. Must not constitute an impairment of the obligation of contract **Penal Statues only if it is in favor of the accused who is not a habitual criminal 2. Remedial statues applicable for pending cases to insure better administration of justice since it refers to the method of enforcing rights or of obtaining redress of their invasion 3. Curative Statutes undertake to cure errors and irregularities; retroactive in operation but should not: a. Violate constitutional provisions b. Destroy vested rights of third persons c. Cant affect judgment that has become final 4. In case of laws interpreting others clarifies doubts 5. In case of laws creating new rights

ART 5: Acts executed against the provisions of mandatory or prohibitory laws shall be void except when the law itself authorizes their validity Mandatory Vs. Directory Law Mandatory Relate to matters of substance Affect substantial rights Essence of the thing required to be done Directory Mere matter of form Not material and do not affect substantial rights Not the essence of the thing to be done

Directory law Not possible to violate them Not intended by the legislature to be disregarded Courts must determine consequence of not obeying them Mandatory law Violation renders the act illegal and void When the Law authorizes validity (exempted and free from sanctions): 1. Violation doesnt refer to the essential matter nullity will be more disadvantageous than validity Example: marriage lack requisite, marriage is still valid but the persons involved are criminally liable 2. Depend on the consent of the parties involved 3. Declare nullity but consider effect legally existing. Example: After annulment, children are legitimate ART 6: Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law. 3 Elements of a right: 1. Subject rights exist for persons. 2 kinds: a. Active demands enforcement of right b. Passive duty-bound to suffer enforcement 2. Object things and services intended for the satisfaction of human wants

3. Efficient Cause gives rise to the legal relation 2 Kinds of Rights: 1. Political participation in the Govt 2. Civil includes all others. 3 classifications: a. Rights of personality - Human rights - rights that protect human personality - cant be waived b. Family rights - rights as a family member - not subject to waiver c. Patrimonial rights - tend to the economic satisfaction of me - can be waiver - 2 kinds of Patrimonial rights: o Real rights ownership, mortgage (renunciation: unilateral and depends upon the exclusive will of the owner of the right) *Effects from renunciation: a. right is merged in the owner of the property b. increase of share of the coownership c. if full ownership, the thing becomes res nullius and may be acquired by occupation o Personal rights right to collect debt (renunciation: must have consent of the debtor) Waiver relinquishment of the known right may be express or implied requisites: o Must have the right he renounces o Must have capacity to renounce o Must be in a clear and unequivocal manner Doctrine is applicable to all rights to which a person is legally entitled Obligations - cannot be renounced; but once the right is waived, a person may be exempted from it

Prohibited Waiver - right cannot be waived if the waiver is contrary to public interest or public order, to morals or good customs, or to the rights of a third person Example: political and penal laws ART 7: Laws are repealed only by 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. Statutes may lapse by its own terms, or it may be repealed by the legislative department or declared unconstitutional by the judicial branch

2 kinds of repeal of a law: 1. Express/Declared Repeal - contained in a special provision of subsequent law 2. Implied/Tacit Repeal - subsequent law is inconsistent with the earlier law - conflict must be resolved in favor of the later law - no need for special declaration - if both laws can by reasonable construction stand together, both will be sustained - 2 requisites: (1) same subject matter (2) latter is repugnant to the earlier Example: when later has lower penalty for same act or when new grants absolute divorce Effect of Repeal of Law - governed by rules on retroactivity of laws - pending law must be dismissed Repeal of Repealing law - shouldnt use the old law (before repeal) unless it is clearly said ART 8: Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines

Decision of the court is not a source of law because their power is to interpret and not create laws. (Separation of powers) Judge can formulate and declare the law as applied concretely to the case before him Role of Jurisprudence: 1. Fill the deficiencies of legislation and provide a rule for the facts of a given case 2. Adapt and adjust rigid and inflexible provisions of law to the changing conditions of the society *must be flexible Stare Decisis requires courts to follow the rule established in a decision of the Supreme Court ART 9: No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Does not apply to the criminal prosecution because when there is no law punishing the act, the case must be dismissed Lack of knowledge regarding the law applicable to the case is not a reason to dismiss the case Judge must invent new ideas and theories for whatever deficiency the positive law has What the law grants, the court cannot deny even if the court thinks it is an unjust law Judicial decisions serve to fill gaps in the application of the law

Origin Form

Custom Society Tacit manifested in acts or usages Spontaneous Unwritten law

Law Govtal power Express manifested in solemn and official form Conscious creation Written law

General Principles of Law (1) universal juridical standards dictated by correct reason or (2) the principles which serves as the basis for positive law in each country Limitation of the general rule: They should not be in conflict with the general or particular provisions of the law - first look into the general principles underlying the positive law of the land; and when exhausted, should apply the rules that may deem reasonable and just (must not violate the fundamentals of law) - General principles of law are not applicable unless they are alleged in the absence of an applicable law or unless the law or legal doctrine is cited **Must always promote public welfare ART 10: In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and just to prevail. Applied ONLY in case of doubt EQUITY there can be no justice if the application of the law is not made with equity Equity may correct and modify bare written law ART 11: Customs which are contrary to law, public order or public policy shall not be countenanced Courts will not recognize the force of a custom in opposition to positive law

Custom - Requisites (6): (1) Various resolutions of a juridical question raised repeatedly (2) Uniformity of the acts to the juridical question (3) General practice by a social group (4) Continued performance for a long time (5) General conviction that the practice is obligatory (6) Practice is not contrary to law, morals or public order

ART 12: A custom must be proved as a fact, according to the rules of evidence. When those who have the best means of knowing it are ignorant of the custom, it is a positive evidence of its non-existence.

ART 13: When the laws speak of years, months, days or nights, it shall be understood that years are of 365 days each; months of 30 days; days of 24 hours and nights from sunset to sunrise. If months are designed 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 last day included. Week period of 7 consecutive days; start on Sunday and end on a Saturday Month lunar month (28 days), calendar month, but whats used in the legal sense is a period of 30 days *First day is not include but the last day should be included * Prescribed or allowed by the Rules of Court * No necessity for computation when the date is FIXED; that is, when the act is to take place at a specified future date.