Nielgem S.
Beja
Civil Law Review 2017
Atty. Jugador
CIVIL LAW REVIEW
Meaning of LAW:
Juridical proposition or an aggregate of juridical propositions, promulgated
and published by the competent organs of the state in accordance with the
Constitution.
Civil Law:
Mass of precepts which determines and regulates the relations of assistance,
authority and obedience among the members of the family, and those which
exist among members of the society for the protection of private interests.
Civil Code:
Collection of laws which regulate the private relations of the members of the
society, determining their respective rights and obligations, with reference to
persons, things and civil acts.
Article 1: This act shall be known as the Civil Code of the Philippines
Article 8: Judicial decisions applying or interpreting the laws or
Constitution shall form part of the legal system of the Philippines.
Decisions
Not source of Law
But the Courts interpretation of a statute constitutes part of the
law as of the date it was originally passed.
o The courts construction merely establishes
contemporaneous legislative intent that the
interpreted law carried into effect.
Double function of Judges
1. To fill the deficiency of legislation and provide a rule for the facts
of a given case for which there is neither positive provision of law
nor established custom
2. To adapt and adjust rigid and inflexible provisions of law rendered
inadequate by time and circumstances to the changing conditions
of life and society so that the law may accomplish its social
Stare Decisis
Adherence to judicial precedents.
Requires courts in a country to follow the rule established in a
decision of the Supreme Court thereof.
o That decision becomes a juridical precedent to be
followed in subsequent cases by all courts in the land.
It is based on the principle that once a question of law has been
examined and decided, it should be deemed settled and closed to
further argument.
Note: this does not mean blind adherence to precedents
Article 9: No judge or court shall decline to render judgement by reason
of silence, obscurity or insufficiency of the laws.
Applicability
This does not apply to criminal prosecutions
o Reason: When there is no law punishing an act, the
case must be dismissed
Obscurity or deficiency of Law
In such cases, the court should clarify it in the light of the rules of
statutory construction
If it is silent or insufficient, the court should fill the deficiency by
resorting to customs or general principles of law
Suppletory to Law
Where there is no statute exactly applicable to the point of
controversy, the custom of the place shall be applied, and in the absence,
thereof , the general principles of law.
Customs
Definition: The juridical rule which results from constant and
continued uniform practice by the members of a social community, with
respect to a particular state of facts, and observed with a conviction that it is
juridical obligatory.
Requisites of Customs
1. Plurality of acts, or various resolutions of a juridical questions
raise repeatedly in life
2. Uniformity or identity of the acts or various solutions to the
juridical question
3. General practice by the great mass of the social group
4. Continued performance of these acts for a long period of time
5. General conviction that the practice corresponds to a juridical
necessity or that it is obligatory.
6. The practice must not be contrary to law, morals or public order.
Distinguish from law
Customs Law
Origin: From the Society From the governmental power of
the State
Spontaneous Conscious creation
Form: Tacit, being manifested in acts Express, manifested in solemn and
of usages official form
Unwritten Law Written law
What custom applied?
Presumption: a person who performs a juridical act, not provided for by law,
acts according to the custom of the place.
When the place where the court is located and the domicile of the parties
are different, and each place has a different custom,
o It is presumed that they knew the custom of their
domicile and not that of the courts location.
If the domicile of the parties are different (with different customs)?
There is no reason for making a reference and the matter should be
treated as if there is no custom(Manresa).
Another view: in the absence of preference, the general rule
should be to apply the custom of the place for the performance ir
consummation of the juridical act.
Article 10: In case of doubt in the interpretation or application of laws, it
is presumed that the law making body intended right and justice to
prevail.
 Nielgem S. Beja
Civil Law Review 2017
Atty. Jugador
Application: in case of doubt, and when all other rules of interpretation fail
Article 11: Customs which are contrary to law, public order or public
policy shall not be countenanced.
Article 12: A custom must be proved as a fact, according to the rules of
evidence
Non- existence of custom
When the alleged custom or usage is not known to those who, from business
connections, have the best means of knowing it, this ignorance is, in some
sense, positive evidence of its non-existence.
Article 13: When the law speaks of years, months and 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.
If computing a period, the first day shall be excluded, and the
last day included.
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.
Aliens owe local and temporary allegiance to the government of the country
where they are.
Civil rights of Aliens
Aliens enjoy the civil rights guaranteed by the Constitution to all
the inhabitants of the State.
The enjoyment of civil rights is independent of citizenship
International Law: Principle of Extraterritoriality
Foreigners may be exempted from the operation of the laws of the
Philippines:
1. When the offense is committed by a foreign sovereign while in
Philippine territory
2. When the offense is committed by diplomatic representatives
3. When the offense is committed in a public or armed vessel of a
foreign country.
Offenses in Merchant Vessel
Merchant vessels of foreign registry do not enjoy Extraterritorial
Privilege of foreign public or war vessels.
Exemption by Treaty
RP-US Military Bases Agreement of 1947| The US shall have
jurisdiction over the following offenses:
1. Those committed in any base by any person
exempt when the offender and offended party
are both Filipino citizens, or when the offense is
against the security of the Philippines
2. Those committed outside the bases, when the
offender and the offended party are both
members of the Armed forces of the US
3. Those committed outside the bases by any
member of the Armed forces of the US against
the security of US
The PH shall have jurisdiction over all other offenses committed outside the
bases by any member of the Armed forces of US.
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.
Theories on Personal Law
Domiciliary Theory
The personal laws of a person are determined by his domicile
Nationality Theory
Nationality or citizenship is the bases for determining the personal
laws of an individual
Applicability of the Article
Applicable only to purely personal relations and the status and
capacity for juristic acts.
Capacity to Contract
If under the law of the state of which a party to a contract is a
citizen, he is already of age at the time he enters into the contract, he cannot
set such contract aside on the ground of minority
o Even under the laws of PH he is still a minor
Renunciation of Allegiance
Governed by National Law
Foreign Adoption
Under PIL: __________________
Article 16: Real Property as well as personal property is subject to the
law of the country where it is situated.
However, intestate and testamentary succession, both with
respect to the order of succession and to the amount of successional rights
and 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 on Property
Property is subject to the laws of the country in which it is located
Real Property
The legal and actual situs of immovables are the same
Personal Property
Shall be governed by the laws of the place where it is located.
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 their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgements
promulgated, or by determinations or conventions agreed upon in a
foreign country.
Foreign Judgement
 Nielgem S. Beja
Civil Law Review 2017
Atty. Jugador

Philippine Legislative policy cannot be defeated by foreign

judgement obtained by Filipino Citizens.

Validity of Effects and Obligations

Principles to be followed:
1. Law designated by the parties shall be applied
o No stipulation: Parties of same nationality
Their national law shall be applied
o No Stipulation: Different Nationality
Law of the place of its perfection shall
apply for its essence and nature

Law of the place of the performance shall

government the fulfilment

If the places are not specified and cannot

be deduced from the nature and
circumstances of the obligation :

The law of the domicile of the

passive subject shall apply
Note:
Passive subject- person who has the duty to fulfil the obligation

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.