CIVIL CODE OF THE PHILIPPINES

Definition. Codification of all laws relation to assistance, authorities (pre putol) Laws. Ordinance of reason for common good. SOURCES OF CIVIL CODE 1. Spanish Civil Code (Civil Code 1889) 2. Decision of Supreme Court (doctrine or principle) 3. Filipino customs and traditions 4. Philippine Laws (Marriage, Divorced law) 5. Amendments and New Rules of Civil Code Commission 6. Codes, Laws of the foreign land

- Has no evil intent - Not at fault - Exercise due diligence (not negligent) Mistake upon doubtful or difficult question of law - Article 526, 1334, 2154, 2155 of the Civil Code. Mistake of a lawyer is not liable. Art. 4. Laws shall have no retroactive effect. Exception. 1. Law provides. 2. Curative Laws cure defects or irregularities of present laws, canno effect constitutional rights. 3. Procedural or remedial law objects for b better administration of justice. 4. Interpretative laws 5. Penal Laws when the law is favorable/beneficial to the accused. Art. 5. Mandatory and Prohibitory Laws - Law that commands something that is not to be done. - Commanding Laws (to do or not to do) Four classes of acts 1. Acts maybe valid but certain consequences 2. Voidable acts up to person who violated; depends on the victim 3. Void act (null and void in the beginning) Art. 52 Family Code e.g marriage is void, child are legitimate 4. Void and no legal effect. i.e. marrying below 18 yrs of age(void), their children are considered illegitimate. Art. 6. Rights a power that is inherent in a person which can be demanded from others an action or inaction. Def. of waive. Forego, relinquish must be intentional Rights to be waived 1. Should have a right (must) 2. Must know that he/she has knowledge of the right

Art. 1 Tittle Name of Civil Code Art. 2. - Laws shall be published to become effective. - Laws shall take effect fifteen days after complete publication unless otherwise provided. - Published in Official Gazette or in a newspaper of general circulation in the Philippines. - Article 2 is amended by EO 200. Kinds of Law to be published. - Taada v. Tuvera Decision: April 24, 1985 Resolution: Dec. 29, 1986 Def. of Law. Taada v. Tuvera Source. Decision Art. 3. Latin Maxxim. Ignorantia Legis, neminem exusat Ingnorance conclusive presumption Mistake of Law - Erroneous interpretation of law Exception in Art. 3. Mistake of Fact - Article 3 does not apply.(not liable in law) - That the perpetrator:

right

3. Must have the capacity to wave 4. He must do it by clear and anti-pivotal 5. If law requires form, formality should be observed. 2 part of Art. 6, limitation of waiver of right. Public Order public safety Public Policy public welfare/common welfare Right recognized by law vested rights this is recognized by law cannot be contra vented. Prejudicial to third person person w/o juridical relation. Art. 7. Laws cannot be repealed by customs, not in practice, or non observance public is practically not observing the law, therefore law is still valid. Repealing of Law 2 laws dealing with the same subject. - the right existed in repealed law must be respected. 2 kinds of Repeal 1. Law expresses repealed. 2. Implied a. Provision cannot be reconciled b. defication the new law covers the whole subject matter In case of doubt. Implied repeal is not repeal. In case of conflict between general law and special law, general law will prevail. Art. 8. Judicial Power Constitution

a. Identity of the parties b. Identity of the subject matter c. Identity of cause of action Judicial Decision court deciding actual controversy regarding a right that is demandable and enforceable. Jurice Prudence doctrines or principle of law that contains the decision of Supreme Court. - Group of collection of doctrines or principle used by the Supreme Court. Stare Decise Art. 8 Sec. 4 1987 Constitution An interpretation of Supreme Court contemporaneous to the enactment of law. is

nd

Art. 9. Law is silent no practical application of law Law is obscure vague Law is insufficient certain things, issue in an actual controversy are not mentioned in law. - Does not apply to penal law - Applicable to civil cases Law is silent. - Apply analogous cases (previous decision local, or foreign). - Apply customs (local, general)

- Justice of law (law must be serve).

Law is obscure. - Principle of statutory construction is applied. (Judge must clarify the law). Art. 10. Right and justice should prevail. Case: Alonzo v. IAC Related article. Art.1088 Art. 11. Custom is contrary to law, public order, public policy is not in existence. Definition of Custom. See book of Sta Maria Art. 13. Year 365 days Months 30 days Day 24 hours

Article

Sec.

1987

Law of the Case law being applied in a particular case. Whether or not erroneously applied, judgment is final. Res Adjudicata: 1. Final Judgment of prior civil case. 2. Final judgment has jurisdiction over the subject matter and over the parties. 3. Judgment or order is based on merits. 4. There is between the two prior and present case;

Night From sunset to sunrise Law speaks on general, months are considered 30 days. Related Case: National Marketing v. Tecson Art. 14. Public Security & Safety Penal Laws

Related Cases: Gibbs v. The Govt of the Phil. Is. Dec 23,1933 Testate Estate of A.Bellis, Bellis v. Bellis June 6, 1967 Aznar v. Christensen-Garcia Jan 31,1963 (in relation to Renvoi Doctrine) Art. 17. Par. 1 & 2. - Form and solemnitites of public instruments. (contracts,wills) - Their forms and solemnities are govern in the country where executed. Latin Maxxim. Lex Loci Celebrationis - Principle of International Law in relation to par. 2 art. 17 Par. 3 - 1st law Persons and Property

- Diplomats/Person with Diplomatic relation when

they violates Penal law cannot be convicted in a crime, the remedy is to the state to request for the deportation of said diplomat. Consuls. Represents commercial interest of the state. Conflict between Penal Provisions Provisions, Penal provisions prevails. and Civil

- 2nd law Public order, public policy & good

custom - Considered a General Law Render ineffective 1. Promulgated by foreign laws (Judicial Decisions) 2. Determination and agreed upon in a convention in a foreign state. Related cases: Barretto v. Gonzales 58 Phil 67 Querubin v. Querubin 87 Phil 124 Art. 19. Justice means, - Give everyone what is due Honesty truthful, act with sincerity Good Faith to act without malice or act without intent to take advantage to other person Art. 19 if not observe, results to abuse of rights PERSONS PERSONS an individual substance of rational in nature (Philosophical meaning) Latin. Substantia Individualis rationalis naturae

Related Case: Nava v. Gatmaitan 11 October 1951 Art. 15. Related Case: Barretto v. Gonzales Govt. of the Phil. V. Frank Art. 16. First Par. General Law Latin Maxxim. Lex Rei Sitae or Lex Situs meaning Law of the place. Second Par. Exception (Special Law) Definition. Intestate no last will & testament Testamentary succession which provides last will and testament testate Succession inheritance Estate property of a dead person which he left to be distributed to the heirs Renvoi Doctrine Jural matter is presented in which the conflict of laws, rules in the forum refers to foreign law, which conflict of laws rule refers to the matter back to the forum or to a third state. Legitime part of the estate of the decedent which has to be preserve to be given to the heirs who are therefore called force or compulsory heirs.

Substance can exist by itself

Individual separate and distinct from the other Rational the capacity to reason out Reasoning capacity to make conclusions from the things/knowledge that he have. Intellect and will rational in nature, person are all responsible with his/her act Juristic Concept of Persons Persons a being susceptible of rights and obligation (legal relation) Classes of Persons Natural born on a union of man and a woman Juridical made pursuant to law, formed by a group, or association. Related Case: Mambulao Lumber Co. v. PNB 30 January 1968 Staus standing of a person before a law in the class of person indicated by its legal qualities. Classification of Persons Status of Persons in relation to country. 1. Ciitizen or Alien 2. Resident or Non-resident Having spouse. 1. Single 2. Married 3. Widow/Widower In relation with family 1. Father/Mother 2. Child 3. Brother/Sister In relation to age 1. Minor 2. Legal In relation to gender 1. Male/Man 2. Female/Woman Personality aptitude of a being to be a subject either active/passive of juridical relations. Capacity to Act power to act with legal effect. Relaed Case: Dumlao v. Quality Plastic Product 30 April 1976

Art. 38 & 39. Limit of Capacity to Act Idiot 2 yrs old Imbecile 3-8 yrs old Teeble-minded 9-12 yrs old Deaf and Mute cannot read or write; cannot gave his consent - Can read or write; consent can be acquired.