PRELIMINARY TITLE

Effect & Application of Laws

 Art. 2. Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette, or in the newspaper of genedral circulation in
the Philippines, unless it is otherwise provided. This Code shall take effect one
year after such publication. (As amended by EO 200).
• If the law does not provide its own effectivity:
It shall take effect “after 15 days following the completion of its publication either
in the OG or in a newspaper of general publication in the Phils.
• If the law provides for its own effectivity date:
It takes effect on the said date, subject to the requirement of
publication
• If the law provides that it shall become effective immediately upon
approval:
 - Farinas vs Executive Secretary [417 SCRA 503 (2003)]=
 -La Bugal –B’Laan Tribal Association Inc. vs Ramos [421 SCRA 148 (2004)]
 Effect & Application of Laws

• Before publication, cannot apply the law whether penal or civil (Pesigan
vs. Angeles GR L-64279 April 30, 1984) Why? How can you be bound if
you don‘t know the law.
• Justice and fairness dictate that the public must be informed of that
provision by means of publication before violators of the law (executive
order) can be bound thereby.
• The requirement of publication applies to all laws and is mandatory and
indispensable. This is due to the basic requirement of due process.
• All law whether of local or general application are required to be published
as a requirement of their effectivity (Tanada vs. Tuvera).
• Note: The word "laws" in Article 2 of the NCC also includes circulars and
regulations which prescribe penalties.
 Effect & Application of Laws
Art. 3. Ignorance of the law excuses no one from compliance therewith.
Ignorantia legis neminem excusat (Ignorance of the law excuses no one).
• Everyone is conclusively presumed to know the law. Thus, ignorance of the law excuses
no one from compliance therewith.
• This is a necessary rule for all civilized society. Otherwise it would be impossible to
enforce the law. It is very hard to determine whether or not a person really does not
know the law. Without this rule, there would be anarchy. The law sacrifices occasional
harshness to prevent universal anarchy.
• There are potential methods to mitigate the severity of Article 3 – Articles 526 (¶3),
2155, 1334.* In Kasilag vs. Rodriguez, (69 PHIL 217 G.R. No. 46623December7,1939)
the SC said that the possession of the antichretic credit as possession in good faith since
a difficult question of law was involved – antichresis. In this case, the parties were not
very knowledgeable of the law.
• Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law. In
Private International Law, foreign law must be proven even if it is applicable.
Otherwise, the courts will presume the foreign law to be the same as Philippine law.
 Effect & Application of Laws
Consequences of Article 3:
Mistake of ignorance of law is not a defence except in the following
situations:
a) Mistake upon a doubtful or difficult question of law may be the basis of
good faith (Article 526 par 3 NCC)
b) Mutual error as to the legal effect of fan agreement when the real
purpose of the parties is frustrated, may vitiate consent (Article 1334 NCC).
c) Payment by reason of a mistake in the construction or application of a
doubtful or difficult question of law may come within the scope of solution
indebiti (Article 2155 NCC).
 The conclusive presumption that every person knows the law presupposes
that the law has been published. Without such notice and publication,
there would be no basis for the application of the maxim ignorantia legis
non excusat.
 Effect & Application of Laws
Art. 4. Laws shall have no retroactive effect, unless the contrary is
provided.
 Lex de futuro judex de preterito (The law provides for the future, the judge for the
past).
 Retroactive law – one which creates a new obligation and imposes a new duty or
attaches a new disability with respect to transactions or considerations already past.
 General Rule: Law must be applied prospectively.
 Exceptions:
1. If the statute provides for retroactivity.
Exception to the exception:
a) Ex post facto laws
b). Laws which impair the obligation of contracts
2. Penal laws insofar as it favors the accused who is not a habitual criminal, even
though at the time of the enactment of such law final sentence has already been
rendered.
3. Remedial laws as long as it does not affect or change vested rights.
 Effect & Application of Laws
Exceptions Cont’d:
4. When the law creates new substantive rights unless vested rights are impaired.
5. Curative laws (the purpose is to cure defects or imperfections in judicial or
administrative proceedings)
6. Interpretative laws
7. Laws which are of emergency nature or are authorized by police power (Santos
vs. Alvarez ( En Banc G.R. No. L-332 June 18, 1947) ; (PNB vs. Office of the President;
G.R. No. 104528 January 18, 199)
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws
shall be void, except when the law itself authorizes their validity.
 A mandatory law is one which prescribes some element as a requirement (i.e., wills
must be written – Article 804; form of donations – Article 749)
• Art. 804. Every will must be in writing and executed in a language or dialect
known to the testator.
 Effect & Application of Laws
• Art. 749. In order that the donation of an immovable may be valid, it
must be made in a public document, specifying therein the property
donated and the value of the charges which the donee must satisfy.
The acceptance may be made in the same deed of donation or in a
separate public document, but it shall not take effect unless it is done during
the lifetime of the donor.
If the acceptance is made in a separate instrument, the donor shall be
notified thereof in an authentic form, and this step shall be noted in both
instruments.
 A prohibitory law is one which forbids something (i.e., joint wills – Article
818)
• Art. 818. Two or more persons cannot make a will jointly, or in the
same instrument, either for their reciprocal benefit or for the benefit of
a third person.
 Effect & Application of Laws
General Rule:
Acts which are contrary to mandatory or prohibited laws are void.
Exceptions:
1. When the law itself authorized its validity (i.e., lotto, sweepstakes)
2. When the law makes the act only voidable and not void (i.e., if consent is vitiated, the contract is
voidable and not void)
,,,,, 3. When the law makes the act valid but punishes the violator (i.e., if the marriage is celebrated by
someone without legal authority but the parties are in good faith, the marriage is valid but the person who
married the parties is liable)
4. When the law makes the act void but recognizes legal effects flowing therefrom (i.e., Articles 1412 &
1413)
• Art. 1412. If the act in which the unlawful or forbidden cause consists does not constitute a
criminal offense, the following rules shall be observed:
(1) When the fault is on the part of both contracting parties, neither may recover what he
has given by virtue of the contract, or demand the performance of the other's undertaking;
(2) When only one of the contracting parties is at fault, he cannot recover what he has given by
reason of the contract, or ask for the fulfillment of what has been promised him. The other, who is not at
fault, may demand the return of what he has given without any obligation to comply his promise.
• Art. 1413. Interest paid in excess of the interest allowed by the usury laws may be recovered by
the debtor, with interest thereon from the date of the payment.
 Effect & Application of Laws
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.
 What one can waive are rights and not obligations. Example, a creditor can waive the
loan but the debtor may not.
 There is no form required for a waiver since a waiver is optional. You can waive by
mere inaction, refusing to collect a debt for example is a form of waiver.
 Requisites of a valid waiver (Herrera vs. Boromeo G.R. No. L-41171 July 23, 198)
1. Existence of a right
2. Knowledge of the existence of the right
3. An intention to relinquish the right (implied in this is the capacity to dispose of the
right)
 General Rule: Rights can be waived.
 Exceptions:
1. If waiver is contrary to law, public order, public policy, morals or good customs
2. If the waiver would be prejudicial to a 3rd party with a right recognized by law.
(e.g., If A owes B P10M, B can‘t waive the loan if B owes C and B has no other assets.)
 Effect & Application of Laws
Examples of waivers which are prohibited:
1. Repudiation of future inheritance
2. Waiver of the protection of pactum commissorium
3. Waiver of future support
4. Waiver of employment benefits in advance
5. Waiver of minimum wage
6. Waiver of the right to revoke a will
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 declared 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.
 Repeal of Laws
 Express when a repealing provision is contained in the subsequent law
 Implied repeal takes place when the provisions of the subsequent law are
incompatible with those in the earlier law & there is no express repeal.
RULE ON IMPLIED REPEAL: is not favoured . In the absence of an express
repeal, a subsequent law cannot be construed as repealing a prior law unless an
irreconcilable inconsistency and repugnancy exists in the terms of the new and old laws.
REQUISITES FOR IMPLIED REPEAL:
1] The laws cover the same subject matter.
2]The latter is repugnant to the earlier. [Agujetas vsCA 261 SCRA 17]
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines.
 This is a new provision taken from common law. Under the civil law tradition, the court
merely applies the law. However since the Philippine legal system is a combination of
civil law and common law, courts apply statutes as well as resort to the doctrine of
precedent.
 Art. 9. No judge or court shall decline to render judgment
by reason of the silence, obscurity or insufficiency of the laws.
Art. 10. In case of doubt in the interpretation or application
of laws, it is presumed that the lawmaking body intended right
and justice to prevail.
 What if the law is silent? The court should render a decision
based on justice as stated in Article 10.
Art. 11. Customs which are contrary to law, public order or
public policy shall not be countenanced.
 What if customs are not contrary to law? The custom would
be countenanced. However, this does not mean that the
custom would have obligatory force.
 Art. 12. A custom must be proved as a fact, according to the rules of
evidence.
 The law doesn‘t specify the cases when custom is relevant in litigation. But in
case custom is relevant, it should be proven.
 Commentators say that custom is important in cases involving negligence. For
example, if a kalesa in Manila is by custom supposed to have rattan baskets to
prevent people from slipping, if a person slips because there is no rattan basket,
then he can sue for negligence.
 Art. 13. When the laws speak of years, months, 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.
In computing a period, the first day shall be excluded, and the last day
included.
 Article 13 has been superseded by Executive Order No. 292 (the Revised
Administrative Code of 1987) – Book 1, §31.
 Sec. 31. Legal Periods. - "Year" shall be understood to be twelve
calendar months; "month" of thirty days, unless it refers to a specific
calendar month in which case it shall be computed according to the
number of days the specific month contains; "day," to a day of twenty-four
hours; and "night," from sunset to sunrise.
 Under E.O. No. 292, a year is now equivalent to 12 calendar months
and not 365 days. Under Article 13 leap years are not considered. For
examples, in order to make a will, one has to be 18 years old. But if
you use Article 13, one loses 4 to 5 days if you don‘t count the leap
years. E.O. No. 292 is better than Article 13 since it is more realistic.
There should have been a definition of hours. That definition is
relevant for labor law. According to Professor Balane, an hour should
be defined as 1/24 of a calendar day. If you use the definition that an
hour is equal to 60 minutes, then we would have to define minutes,
then seconds, and so on. It would be too scientific.
 The Old Provision & Annotations on amendment

Computation of Legal Period

Art. 13. When the laws speak of years, months, 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.
In computing a period, the first day shall excluded, & the last day included.
 A YEAR is understood to be 12 calendar months
 A MONTH is understood to be 30 days, unless it refers to a specific
calendar month in which case it shall be computed according to the
number of days the specific month contains
 A DAY means 24 hours
 TAKE NOTE: IN COUNTING PERIODS THE FIRST DAY IS EXCLUDED.
THE LAST DAY IS INCLUDED.
 Conflicts of Law Provisions
EXAMPLES OF CONFLICT OF LAW RULES IN THE PHILIPPINES
(1) Art. 15 CC: Lex Patriae
(2) Art. 1251 (par. 3) CC: Lex Domicili
(3) Art. 16 CC: Lex Situs/ Lex Rei Sitae
(4) Art. 17 (par. 1) CC: Lex Loci Contractus
(5) Art. 26 (par. 1) FC: Lex Loci Celebrationis
(7) Art. 1306 CC: Lex Loci Intentionis
Art. 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.
 Conflicts of Law Provisions
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. (9a)
Article 16 Real property as well as personal property is
subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both
with respect to the order of succession and to the amount of
successional rights and to 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
 Conflicts of Law Provisions
.
Art. 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, for their object, public order, public policy
and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions
agreed upon in a foreign country. (11a)
Art. 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.
 Conflicts of Law Provisions
Article 26 (FC) – All marriages solemnized outside of the
Philippines in accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall be valid in this country
except those prohibited under Articles 35 (1),(4), (5), (6), (36), (37) and
(38).
Where a marriage between a Filipino to Citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained abroad by
the alien spouse capacitating him or her to remarry, the Filipino spouse
shall likewise have capacity to remarry under Philippine law, (As
amended by EO. 227).
Art. 1306 (CC) – The contracting parties may establish such
stipulations, clauses, terms and conditions as they may deem convenient,
provided they are not contrary to law, morals, good customs, public order,
or public policy.
 Conflicts of Law Provisions
Art. 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.
Two principles:
1. Territoriality
General Rule: Criminal laws apply only in Philippine territory.
Exception: Article 2, Revised Penal Code.
2. Generality
General Rule: Criminal laws apply to everyone in the territory
(citizens and aliens)
Exceptions: In these instances, all the Philippines can do is expel
them a. Treaty stipulations which exempt some persons within the
jurisdiction of Philippine courts (e.g., Bases Agreement) b. Heads of State
and Ambassadors (Note: Consuls are subject to the jurisdiction of our
criminal courts.)
 Conflicts of Law Provisions
Article. 2. (RPC) Application of its provisions. — Except as provided in the
treaties and laws of preferential application, the provisions of this Code shall be
enforced not only within the Philippine Archipelago, including its atmosphere, its
interior waters and maritime zone, but also outside of its jurisdiction, against
those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the Philippine
Islands;
3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in
the exercise of their functions; or
5. Should commit any of the crimes against national security and the law
of nations, defined in Title One of Book Two of this Code.
 Nationality Principle
Art. 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:
1. Domiciliary theory - the personal laws of a person are determined by his domicile
2. Nationality theory - the nationality or citizenship determines the personal laws of
the individual
 Under Article 15, the Philippines follows the nationality theory. Family rights and duties,
status and legal capacity of Filipinos are governed by Philippine law.
 General Rule:
Under Article 26 of the Family Code, all marriages solemnized outside the
Philippines in accordance with the laws in force in the country where they were
solemnized and valid there as such, is also valid in the Philippines.
 Exception: If the marriage is void under Philippine law, then the marriage is void even
if it is valid in the country where the marriage was solemnized
 Exception to the exception: 1. Article 35, par 2, Family Code
2. Article 35, par 3, Family Code
 Nationality Principle
Exception to the exception:
1. Article 35, ¶2, Family Code
Art. 35. The following marriages shall be void from the beginning:
(2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with either or
both parties believing in good faith that the solemnizing officer had the legal
authority to do so;
2. Article 35, ¶3, Family Code
Art. 35. The following marriages shall be void from the beginning:
(3) Those solemnized without license, except those covered the
preceding Chapter;
 Even if the foreign marriage did not comply with either ¶s 2 and 3 of Article
35, Philippine law will recognize the marriage as valid as long as it is valid
under foreign law.
 Lex Situs / Lex Rei Sitae
Art. 16, par 1. Real property as well as personal property is
subject to the law of the country where it is situated.
LEX REI SITAE or LEX SITUS
• With respect to property (whether real or personal), the rule is that
it is subject to the law of the country where it is situated.
• This GENERAL PRINCIPLE includes all rules governing the
descent, alienation & transfer of immovable property & validity,
effect & construction of wills & other conveyances [Orion Savings
Bank vs Suzuki 740 SCRA 345 (2014)
EXCEPTION: The national law of the person whose succession is
under consideration (not the law of the country where the property is
situated) will govern with respect to the following aspect of succession:
a] Order of succession; b] Amount of successional rights c] Intrinsic validity
of testamentary provisions; d]capacity to succeed from the decedent.
 Lex Situs/ Lex Rei Sitae
RULE ON PROPERTY : Controlling Law — Lex Situs/Lex Rei Sitae
 General Rule: Real and Personal Property is subject to the law of the
country where it is situated (Art. 16)
 Application of the Doctrine of Lex Situs/Lex Rei Sitae
(1) The capacity to transfer or acquire property is governed by Lex
Situs.
(2) The formalities of a contract to convey property are governed by Lex
Situs

 Thus, the formal requirements of a contract involving real property

in the Philippines must follow the formal requirements of the place
where the contract was entered into. However, if what is involved is
not the formal requirements, then the law of the place where the
properties (whether real or personal) are located shall govern.
 Lex Situs/ Lex Rei Sitae
Art. 16, ¶2. However, intestate and testamentary successions, both with
respect to the order of succession and to the amount of successional rights and to
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.
 This is merely an extension of the nationality theory in Article 15.
 The national law of the decedent regardless of the location of the property shall govern.
Thus, the national law of the decedent shall determine who will succeed.
 In Miciano vs. Brimo, (R No.22595, November 1, 1927| 50 Phil 867) the SC said that
the will of a foreigner containing the condition that the law of the Philippines should
govern regarding the distribution of the properties is invalid.
 In Aznar vs. Garcia (En Banc, G.R. No. L-16749 January 31, 1963) what was involved
was the renvoi doctrine. In this case, the decedent was a citizen of California who
resided in the Philippine. The problem was that under Philippine law, the national law
of the decedent shall govern. On the other hand, under California law, the law of the
 Lex Situs/ Lex Rei Sitae

 The Renvoi Problem:

Renvoi literally means a referring back; the problem arises when there is a doubt as
to whether a reference to a foreign law:
1) Is a reference to the internal law of said foreign law; or
2) Is a reference to the whole of the foreign law, including its conflict rules.
NOTE: In the latter case , if one state involved follows the Nationality theory, and the
other, the Domicillary theory, there is a possibility that the problem may be referred back
to the law of the first state
 The effect of the Renvoi Doctrine:
Since the conflict rule in the foreign country refers back the matter to the
Philippines (the place of domicile), our courts have no alternative but to accept the
referring back to us. If our courts will do otherwise and throw back the matter to the
foreign country, the problem would be tossed back and forth between states concerned,
resulting in “international football” (In the Matter of Testate Estate of the Deceased
Edward Christensen (GR 16759, January 31, 1963)
 Lex Loci Celebrationis
Art. 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 for their object public order, public policy and good customs
shall not be rendered ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign country.

RULE: The forms & solemnities of contracts, wills & other

public instruments shall be governed by the laws of the country
in which they are executed [Article 17 par NCC].
 Lex Loci Celebrationis
Art. 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
for their object public order, public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
 Lex loci celebrationis (formal requirements of contracts, wills, and other public
instruments are governed by the country in which they are executed)
 There is no conflict between the 1st ¶ of Article 16 and the 1st ¶ of Article 17 since
they talk of 2 different things.
 Thus, the formal requirements of a contract involving real property in the Philippines
must follow the formal requirements of the place where the contract was entered into.
However, if what is involved is not the formal requirements, then the law of the place
where the properties (whether real or personal) are located shall govern.

LEX NATIONALII
ARTICLE 15 NCC
Citizenship is the basis for determining
the personal law applicable
Covers family right & duties , status,
condition and legal capacity of persons
Art 26 par 2 FC ..Where a marriage
between a Filipino citizen is validly
celebrated & divorce is validly obtained
by the alien spouse capacitating him/her
to re-marry the Filipino spouse shall
likewise have the capacity to re-marry
under Phil law. [As amended by EO 227]
LEX LOCI a
LEX REI SITAE CELEBRATIONIS
AS TO GOVERNING LAW
ARTICLE 16 ARTICLE 17 NCC
AS TO BASIS FOR APPLICATION
The law of the place where the The law of the place where the
property is situated is the basis for contract was executed is the basis fo
determining law applicable determining law applicable
AS TO SCOPE
Covers both personal and real Covers only the forms & solemnities
property
AS TO ECEPTIONS
Article 16, par 2 & Article 1039 Article 26 par 1 Family Code
NCC All marriages solemnized outside the
[ i.e. capacity to succeed is Philippines in accordance with the
governed by the law of the nation of laws in force in the country where they
the decedent] were solemnized, & valid there as
such shall also be valid in this country
EXCEPT those prohibited under: Arts
 SUMMARY CONFLICT OF LAW RULE
SUBJECT MATTER
FAMILY RIGHTS AND DUTIES OF PERSONS
STATUS AND CONDITION OF PERSONS
LEGAL CAPACITY OF PERSONS
EXCEPT:
1] Capacity to succeed from decedent whether succession is
intestate or testate
2] Capacity of the person making a deed relating to immovable,
no matter what its nature may be.
REAL AND PERSONAL PROPERTY
EXCEPT: In succession, whether testate or intestate,
as to the following aspects:
1] Order of succession
2] Amount of successional right
3] Intrinsic validity of testamentary provisions (wills)
4] Capacity to succeed from decedent
FORMALITIES or SOLEMNITIES OF CONTRACTS, WILLS & OTHER
GOVERNING LAW
NATIONAL LAW OF THE PERSON CONCERNED [ART. 15 NCC]
NATIONAL LAW OF THE PERSON CONCERNED [ART. 15 NCC]
NATIONAL LAW OF THE PERSON CONCERNED [ART. 15 NCC]
LAW OF THE NATION OF THE DECEDENT
LEX LOCI REI SITAE [ Orion Savings Bank vs Suzuki
740 SCRA 345 (2014)
LAW OF THE COUNRTY WHERE IT IS SITUATED [ARTCILE 16
NCC]
[ LEX LOCI REI SITAE ]
NATIONAL LAW OF THE PERSON WHOSE SUCCESSIO IS UNDER
CONSIDERATION [ARTICLE 16 PAR 2 & ARTICLE 1039 NCC
LAW OF THE COUNTRY IN WHICH THEY ARE EXECUTED
 Conflicts of Law Provisions
CONFLICT OF LAWS CONFLICT OF LAWS/ PRIVATE
INTERNATIONAL LAW
(a) It is a branch or part of Philippine Law which regulates the
application of foreign law within Philippine jurisdiction in the
resolution of cases involving foreign elements.
(b) It is that part of municipal law which governs cases involving
a foreign element.
(c) Private International Law is more commonly known in other
jurisdictions as conflict of laws
SOURCES
(1) Codes and statutes
(2) Treaties and international conventions
(3) Treatises, commentaries, and studies of learned societies
(4) Judicial decisions
 Conflicts of Law Provisions

Most civil law countries such as the Philippines follow the National
Law Theory:
It is the nationality or citizenship of the individual, which regulates
the following:
(a) Civil status (d) Family rights and duties
(b) Capacity (e) Laws on Succession
(c) Condition (f) Capacity to succeed
In the EN BANC decision in the case of Ellis vs. Republic, the
Supreme Court, said that adoption is a proceedings in rem, which
no court may entertain, unless it has jurisdiction, not only over the
subject matter of the case and over the parties, but, also, over the
res, which is the personal status of Baby Rose as well as that of
petitioners herein. The petitioners being resident aliens the issue is
a conflict of laws theory by virtue of which jurisdiction over the
particular subject matter affecting a person is determined by the
latter’s nationality. [G.R. No. L-16922. April 30, 1963]
 Conflicts of Law Provisions
RULE ON PROPERTY
Controlling Law — Lex Situs/Lex Rei Sitae
General Rule: Real and Personal Property is subject to the law of the country
where it is situated (Art. 16)
 Application of the Doctrine of Lex Situs/Lex Rei Sitae
(1) The capacity to transfer or acquire property is governed by Lex Situs.
Note: Transfer of property to a foreigner who subsequently became a
Filipino citizen shall be recognized [Llantino v Co Liong Chong]
(2) The formalities of a contract to convey property are governed by Lex Situs
 Exceptions to Lex Situs
(1) Transactions Not Affecting Transfer of Title or Ownership of Land: Lex
Intentionis or Lex Voluntatis
(2) Contracts where Real Property Offered as Security: The principal
contract is the loan while the mortgage of the land is only an accessory (a)
Mortgage - Lex Situs (b) Loan Contract - Rules on ordinary contracts
(3) Intestate and Testamentary Succession:
(4) Under a Policy-centered Approach:
 Conflicts of Law Provisions

Intestate and Testamentary Succession:

Intestate and testamentary successions shall be regulated by the national
law of the decedent, with respect to the following [Art. 16(2); Art. 1039]
(a) Order of succession
(b) Amount of succession rights
(c) Intrinsic validity of the testamentary provisions
(d) Capacity to succeed
 Under a Policy-centered Approach:
Forum court is not bound to look to the law of the situs when the situs
of the movable property is insignificant or accidental
(a) Questions relating to the validity and effect of the transfer of the
movable property are governed by the law of the place of principal use
(b) Where the issue involves considerations other than the validity
and effect of the transfer
 Conflicts of Law Provisions
Probate of wills
Controlling Law: The probate of a will being essentially procedural in
character, the law of the forum (lex fori) governs.
 Wills Proved and Allowed in a Foreign Country
(1) A will proved and allowed in a foreign country in accordance with the
laws of that country may be allowed, filed, and recorded in the proper
Regional Trial Court in the Philippines (RULES OF COURT, Rule 77, Sec.1)
(2) Requisites for Reprobate [Vda de Perez v Tolete, 232 SCRA 722]
 The following must be proved by competent evidence:
(a) due execution of the will in accordance with the foreign laws
(b) the testator had his domicile in the foreign country and not in the
Philippines
(c) the will has been admitted to probate in such country
(d) the laws of the foreign country on procedure and allowance of wills
 Conflicts of Law Provisions

Art. 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, for their object, public order, public policy
and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions
agreed upon in a foreign country. (11a)
 Conflicts of Law Provisions
RULE ON EXTRINSIC VALIDITY OF CONTRACTS
General Rule: Lex Loci Celebrationis
The forms and solemnities of contracts xxx shall be governed by
the laws of the country in which they are executed [Art. 17]
 Note:
(1) Contracts Before Diplomatic/ Consular Officials: The solemnities
established by Philippine laws shall be observed with respect to
contracts executed before diplomatic or consular officials of the
Republic of the Philippines in a foreign country [Art. 17(2), FC]
(2) Contracts entered Into by Letter/ Cablegram, etc.: A contract
accepted by letter or cablegram is presumed to have been entered
into the place where the offer was made. [Art. 1319(2)]
 Conflicts of Law Provisions
Effects of Foreign Laws, Judgments or Conventions
Upon Prohibitory Laws
RULE: Philippine prohibitive laws concerning persons, their acts or
property, and those which have for their object public order, public policy
and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a
foreign country [Par 3, Art 17 NCC]

NOTE: A divorce obtained by a Filipino citizen abroad, while valid in

the country it was obtained is nonetheless invalid in the Phils.
Marriages which are prohibited under Articles 35 (1, 4. 5 & 6),36, 37 &
38 of the Family Code shall remain void ab initio even if the are
solemnized abroad & valid in the place where they were solemnized.
 Conflicts of Law Provisions
Three possible laws:
(1) Lex Loci Contractus (Asked in 95, 02 BAR EXAMINATIONS)
(a) Law of the place where the contract is made
(b) Merits
(i) Relative ease in establishing
(ii) Certainty and stability
(c) Demerit - Unjust results when place of making entirely
incidental
Note: To determine where the contract is made, we look to the place
where the last act is done which is necessary to bring the binding
agreement into being so far as the acts of the parties are concerned.
(2) Lex Loci Solutionis
(a) Law of the place of performance governs
(b) Merit – Always connected to the contract in a significant way
(c) Demerit - Not helpful when the contract is performed in 2 or
more states with conflicting laws
 Conflicts of Law Provisions
(3) Lex Loci Intentionis
(a) Law intended by the parties
(b) Basis: The contracting parties may establish such stipulations,
clauses, terms and conditions as they may deem convenient, provided they
are not contrary to law, morals, good customs, public order, or public policy
[Art. 1306]
(c) May be express or implied
May be express or implied
(i) Express - when the parties stipulate that the contract be governed by a
specific law, such law will be recognized unless there are cogent reasons for
not doing so.
(ii) Implied
(a) Based on the contemporaneous and subsequent acts of the parties
(b) Often upheld with reference to the rule of validity of contracts which
presumes that the parties contemplate to enter into a valid contract
SPECIAL CONFLICT OF LAW RULES
MARRIAGE - Definition:
Art. 1, FC. Marriage is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and family life.
It is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except that
marriage settlements may fix the property relations during the marriage within the limits
provided by this Code.
Extrinsic Validity of Marriage
(1) Formal Requisites of Marriage under Philippine Law [Art. 3, FC]
(a) Authority of the solemnizing officer
(b) Valid marriage license except in the cases provided for in Chapter 2 of Title I
(c) A marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.
(2) Determination of Extrinsic Validity
Art. 26, FC. All marriages solemnized outside the Philippines in accordance with the laws
in force in the country where they were solemnized, and valid there as such, shall also be
valid in this country. Xxx
Art. 2, Hague Convention. Formal requirements for marriage are governed by the law
of the state of celebration.
 Conflicts of Law Provisions
Extrinsic Validity of Marriage
 General Rule: Lex Loci Celebrationis
 Exceptions: The following marriages are void even if valid in the country
where celebrated [Art. 26, FC]:
(a) Those contracted by any party below 18 years of age even with the
consent of parents or guardians [Art. 35(1), FC]
(b) Bigamous or polygamous marriages not falling under Art. 41, FC [Art. 35
(4), FC]
(c) Those contracted thru mistake of one contracting party as to the identity of
the other [Art. 35(5), FC]
(d) Those subsequent marriage without recording in the civil registry the
judgment of annulment or declaration of nullity, partition and distribution of properties
and the delivery of the children’s presumptive legitimes [Art. 35(6), FC]
(e) A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of
marriage, even if such incapacity becomes manifest only after solemnization [Art. 36,
FC]
 Conflicts of Law Provisions
Exceptions (Cont’d):
(f) Incestuous marriages [Art. 37, FC]
(1) Marriages between ascendants and ascendants of any degree, whether
legitimate or illegitimate; and
(2) Marriages between brothers and sisters, whether of the full or half-blood
(g) Void marriages for reasons of public policy (Art. 38, FC)
(1) Marriages between collateral blood relatives, whether legitimate or illegitimate,
up to the 4th civil degree
(2) Marriages between step-parents and stepchildren.
(3) Marriages between the adopting parent and adopted child
(4) Marriages between the surviving spouse of the adopting parent and the adopted
child
(5) Marriages between the surviving spouse of the adopted child and the adopter
(6) Marriages between an adopted child and a legitimate child of the adopter
(7) Marriages between adopted children of the same adopter
(8) Marriages between parties where one, with the intention to marry the other, killed
that other person's spouse, or his or her own spouse.
 Conflicts of Law Provisions
Note: These exceptions (in the 2 previous frames) put into issue the capacity
of the parties to enter into the marriage and therefore relate to the substantive
requirement for marriage and is governed by lex nationalii.
Intrinsic Validity of Marriage
(refers to capacity of a person to marry)
(1) Intrinsic validity is determined by the parties’ personal law, which may be
their domiciliary or national law.
(2) Intrinsic requirements of marriage under Philippine Law [Art. 2, FC]
(3) The Hague Convention on Validity of Marriages allows a contracting state
to refuse recognition of the marriage in the ff. Cases (CR-M3):
(a) One of the parties did not freely Consent
(b) Spouses were Related, by blood or adoption
(c) One of the parties did not have the Mental capacity to consent
(d) One of the spouses was already Married
(e) One of the parties has not attained the Minimum age, nor acquired
the necessary dispensation
 Conflicts of Law Provisions
 Intrinsic validity is determined by the parties’ personal law, which may be their
domiciliary or national law.
Note:
(a) Laws relating to Family rights and duties, Status, Condition or Legal capacity of
persons are binding on citizens of the Philippines, even though living abroad [Art. 15]
(b) When either or both of the contracting parties are citizens of a foreign country, it
shall be necessary for them before a marriage license can be obtained to submit a certificate
of legal capacity to contract marriage, issued by their respective diplomatic or consular
officials [Art. 21, FC]
(c) Marriages enumerated under Art. 26(2), FC are void even if valid in the country
where celebrated.
Note:
(1) Rule on Proxy Marriages:
(a) Proxy marriages, where permitted by the law of the place where the proxy
participates in the marriage ceremony, are entitled to recognition in countries adhering
to the lex loci celebrationis rule, at least insofar as formal validity is concerned
(b) Internal Philippine law, however, does not sanction proxy marriages.
(2) Consular Marriages Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice consul of the Republic of the
Philippines [Art. 10, FC].
 Conflicts of Law Provisions
Effects of Marriage
(1) Personal relations between the spouses
(a) Governed by the national law of the parties
NOTE: If the spouses have different nationalities, generally the national
law of the husband may prevail as long as it is not contrary to law, customs
and good morals of the forum.
(b) Under Philippine law, personal relations between the spouses include [Arts.
68, 70-71, FC]
(1) mutual fidelity (3) cohabitation
(2) respect (4) support
(5) right of the wife to use the husband’s family name
(2) Property relations
(a) The Hague Convention declares that the governing law on
matrimonial property is:
(1) The internal law designated by the spouses before the marriage
(2) In the absence thereof, the internal law of the state in which the
spouses fix their habitual residence
 Conflicts of Law Provisions
Property relations cont’d:
(b) Rule under Philippine law [Art. 80, FC]
(i) In the absence of a contrary stipulation in the marriage settlements,
the property relations of the spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the marriage and their residence.
(ii) Rule is inapplicable:
(1) If both spouses are aliens
(2) With respect to the extrinsic validity of the contracts affecting
property not situated in the Philippines and executed in the country
where the property is located
(3) With respect to the extrinsic validity of contracts entered into
in the Philippines but affecting property situated in a foreign country
whose laws require different formalities for its extrinsic validity.
(c) Doctrine of Immutability of Matrimonial Property Regime: The change
of nationality on the part of the husband or wife does not affect the original
property regime EXCEPT when the law of the original nationality itself changes
the marital regime, hence, the property regime has to change accordingly.
 Conflicts of Law Provisions
DIVORCE AND SEPARATION
Rule under the Hague Convention
The granting of divorce or separation must comply with the national law of the spouses and
lex fori (law of the place where the application for divorce is made).
Divorce Decrees Obtained by Filipinos
General Rule: Decrees of absolute divorce obtained by Filipinos abroad have no validity and
are not recognized in Philippine Jurisdiction.
Note: Statutory Bases
(a) 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
[Art. 15, CC]
(b) Prohibitive laws concerning persons, their acts or property, and those which have
for their object public order, public policy and good customs, shall not be rendered ineffective
by laws or judgments, or by determinations or conventions agreed upon in a foreign country.
[Art. 17(3), CC]
Exception: Art. 26(2), FC
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have capacity to remarry under Philippine law
 Conflicts of Law Provisions

 Van Dorn v. Romillo, Jr. (G.R. No. L-68470 October 8, 1985): Owing to the
Nationality Principle, only Philippine nationals are covered by the policy against
absolute divorces, the same being considered contrary to our concept of public
policy and morality. However, aliens may obtain divorces abroad, provided they
are valid according to their national law.
 Llorente v. Court of Appeals (G.R. No. 124371. November 23, 2000): Divorce
obtained by Petitioner from his first wife, after he was admitted to US citizenship, is
valid and recognized in our jurisdiction as a matter of comity.
 Republic v. Orbecido (G.R. No. 154380 October 5, 2005): Paragraph 2 of Article
26 should be interpreted to include cases involving parties who, at the time of the
celebration of the marriage were Filipino citizens, but later on, one of them
becomes naturalized as a foreign citizen and obtains a divorce decree. The
Filipino spouse should likewise be allowed to remarry as if the other party were a
foreigner at the time of the solemnization of the marriage. The reckoning point is
not the citizenship of the parties at the time of the celebration of the marriage, but
their citizenship at the time a valid divorce is obtained abroad by the alien spouse
capacitating the latter to remarry.
 Conflicts of Law Provisions
Validity of Foreign Divorce Between Foreigners
(1) A foreign divorce will be recognized in all contracting states if, at the date of the institution
of the proceedings (Hague Convention on the Recognition of Divorce and Legal Separation):
(a) either spouse had his habitual residence there;
(b) both spouses were nationals of that state; or
(c) if only the petitioner was a national, he should have his habitual residence there
(2) While there is no provision of law requiring Philippine courts to recognize a foreign divorce
decree between non-Filipinos such will be recognized under the principle of international comity,
provided that it does not violate a strongly held policy of the Philippines.
ANNULMENT AND DECLARATION OF NULLITY
Jurisdiction to Annul
(1) Vested in the court of the domicile of the parties
(2) Jurisdiction over the non-resident defendant is not essential
Governing Law
(1) Lex loci celebrationis —determines the consequences of any defect as to form
(2) In general, the same applies with reference to substantive or intrinsic validity. But with
regard to capacity of the parties to marry, national law is determinative.
 Human Relations

(ABUSE OF RIGHT)
Article 19 -Every Person must, in the exercise of his rights & in the
performance of his duties , act with justice, give every one fhis due , & observe
honesty & good faith.
(ACTS CONTRARY TO LAW)
Article 20 – Every person who, contrary to law , wilfully or negligently
causes damage to another , shall indemnify the latter for the same.
(ACTS CONTRA BONUS MORES)
Article 21 – Any person who wilfully causes loss or injury to another in a
manner that is contrary to morals , good customs or public policy shall
compensate the latter for the damage.
(PRINCIPLE OF UNJUST ENRICHMENT)
Art. 22. Every person who through an act of performance by another, or
any other means, acquires or comes into possession of something at the expense
of the latter without just or legal ground, shall return the same to him.
 Human Relations
 Breach of promise to marry is not an actionable wrong. [De Jesus vs.
Syquia, [ EnBanc G.R. No. L-39110 November 28, 1933 58 Phil., 866]
BUT damages may be recoverable
 Wassmer v. Velez (EnBanc G.R. No. L-20089 December 26, 1964): Mere breach of
promise to marry is not an actionable wrong. But to formally set a wedding and go
through all the above-described preparation and publicity, only to walk out of it when
the matrimony is about to be solemnized, is quite different. This is palpably and
unjustifiably contrary to good customs for which defendant must be held answerable in
damages in accordance with Article 21 aforesaid.
 Baksh vs. Court of Appeals (G.R. No. 97336 February 19, 1993): Article 21 may also
be applied in a breach of promise to marry where the woman is a victim of moral
seduction. Award of damages pursuant to Article 21 is justified not because of such
promise to marry but because of the fraud and deceit behind it and the willful injury to
her honor and reputation which followed thereafter. Tanjanco v. Court of Appeals (En
Banc G.R. No. L-18630 December 17, 1966): The conduct of a woman of adult age,
maintaining intimate sexual relations with appellant, with repeated acts of intercourse is
incompatible with the idea of seduction.
 Human Relations
Art. 23. Even when an act or event causing damage to
another's property was not due to the fault or negligence of the
defendant, the latter shall be liable for indemnity if through the act
or event he was benefited.
Art. 24. In all contractual, property or other relations, when
one of the parties is at a disadvantage on account of his moral
dependence, ignorance, indigence, mental weakness, tender age
or other handicap, the courts must be vigilant for his protection.
Art. 25. Thoughtless extravagance in expenses for pleasure
or display during a period of acute public want or emergency may
be stopped by order of the courts at the instance of any
government or private charitable institution.
 Human Relations
Art. 26. Every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons. The following and similar acts, though they
may not constitute a criminal offense, shall produce a cause of action for damages,
prevention and other relief:
(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 his 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.
Art. 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may file an
action for damages and other relief against he latter, without prejudice to any disciplinary
administrative action that may be taken.
Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or
in labor through the use of force, intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a right of action by the person who
thereby suffers damage.
 Human Relations
Art. 29. When the accused in a criminal prosecution is acquitted on the
ground that his guilt has not been proved beyond reasonable doubt, a civil action
for damages for the same act or omission may be instituted. Such action requires
only a preponderance of evidence. Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages in case the complaint
should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable
doubt, the court shall so declare. In the absence of any declaration to that effect, it
may be inferred from the text of the decision whether or not the acquittal is due to
that ground.
Art. 30. When a separate civil action is brought to demand civil liability
arising from a criminal offense, and no criminal proceedings are instituted during
the pendency of the civil case, a preponderance of evidence shall likewise be
sufficient to prove the act complained of.
Art. 31. When the civil action is based on an obligation not arising from the
act or omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings and regardless of the result of the
latter.
 Human Relations

Art. 32. Any public officer or employee, or any private individual, who directly
or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the latter for damages:
(1) Freedom or religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public
use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
 Human Relations
Article 32
(12) The right to become a member of associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable assembly to petition the Government for
redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
16) The right of the accused to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witness in
his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being
forced to confess guilt, or from being induced by a promise of immunity or reward to make
such confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the
same is imposed or inflicted in accordance with a statute which has not been judicially
declared unconstitutional; and
 Human Relations

(19)Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes a criminal offense, the aggrieved
party has a right to commence an entirely separate and distinct civil action for
damages, and for other relief. Such civil action shall proceed independently
of any criminal prosecution (if the latter be instituted), and mat be proved by
a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may
also be adjudicated.
The responsibility herein set forth is not demandable from a judge
unless his act or omission constitutes a violation of the Penal Code or other
penal statute.
Art. 33. In cases of defamation, fraud, and physical injuries a civil
action for damages, entirely separate and distinct from the criminal action,
may be brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a
preponderance of evidence.
 Human Relations

Art. 34. When a member of a city or municipal police force refuses or fails to render
aid or protection to any person in case of danger to life or property, such peace officer shall
be primarily liable for damages, and the city or municipality shall be subsidiarily
responsible therefor. The civil action herein recognized shall be independent of any
criminal proceedings, and a preponderance of evidence shall suffice to support such
action.
Art. 35. When a person, claiming to be injured by a criminal offense, charges
another with the same, for which no independent civil action is granted in this Code or any
special law, but the justice of the peace finds no reasonable grounds to believe that a
crime has been committed, or the prosecuting attorney refuses or fails to institute criminal
proceedings, the complaint may bring a civil action for damages against the alleged
offender. Such civil action may be supported by a preponderance of evidence. Upon the
defendant's motion, the court may require the plaintiff to file a bond to indemnify the
defendant in case the complaint should be found to be malicious.
If during the pendency of the civil action, an information should be presented by
the prosecuting attorney, the civil action shall be suspended until the termination of the
criminal proceedings.
Art. 36. Pre-judicial questions, which must be decided before any criminal
prosecution may be instituted or may proceed, shall be governed by rules of court which
the Supreme Court shall promulgate and which shall not be in conflict with the provisions
of this Code.
 PRINCIPLE OF DAMNUM ABSQUE INJURIA
Damage resulting from the legitimate exercise of a person’s
right is “damage without injury” for which the law gives no remedy.
 THE PRICIPLE OF ABUSE OF RIGHT
When a right is exercised in a manner which does not
conform with the norms or standard set in Article 19 which results
in damage to another, a legal wrong is committed for which the
wrongdoer must be held responsible.
 ACCION IN REM VERSO
This is an action for the recovery of what has been paid or
delivered without just cause or legal ground. This is an action
against unjust enrichment. This is based on the principle that no
person can claims what is not validly and legally his or hers.
 PERSONS
Person
 Any physical or juridical being susceptible o frights and obligations, or of
being the subject of legal relations
Persons vs. Things
 A person is the subject of legal relations
 A thing is the object of legal relations
Art. 37. Juridical capacity, which is the fitness to be the subject of
legal relations, is inherent in every natural person and is lost only through
death. Capacity to act, which is the power to do acts with legal effect, is
acquired and may be lost.
2 component elements of capacity:
1. Juridical capacity
There are no degrees of juridical capacity.
Juridical capacity is the same in every person. No one has more
juridical capacity than others. It is inherent in natural persons. On the other
hand, it arises in artificial persons when such artificial persons are created.
2. Capacity to act
 Persons

Capacity to act
 Nobody has 100% capacity to act. The law imposes
restrictions on capacity to act. As long as one has contractual
capacity (a.k.a. full civil capacity) one is near 100% capacity to
act. ―Full civil capacity‖ is not really 100% but close to it.
With contractual capacity, one is generally able to perform
contracts and dispose of property.
 Nobody has 0% capacity to act. Infants are close to 0% but still
have capacity to act. For example, even fetus has the right to
succeed and also have the right to the integrity of body. Aliens
cannot own colleges or broadcast media.
 Persons
•
Juridical Capacity Capacity to Act

Fitness of man to be the subject of Power to do acts with legal effect

legal relations
Passive Active Active
Aptitude for the Holding and Enjoyment Aptitude for the Exercise of rights
of rights
Inherent in every natural person Must be acquired

Lost upon death Lost through death and other causes

Can exist without capacity to act Must exist with juridical capacity

Cannot be limited or restricted May be restricted or limited

•
•
•