Articles 1-18 of the Civil Code

Civil Law

defined as the mass of precepts which determine and regulate the relations of assistance, authority, and obedience among members of a family and those which exist among members of society for the protection of private interests

Article 1

This Act shall be known as the Civil Code of the Philippines.

Common law

bases laws from various or general sources

Codified law

type of law where we can immediately see the sources

Semi-common law

The concept adopted in the Philippines with regards to the sources of laws.

Article 2

"Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. This Code shall take effect one year after such publication."

Right to be informed

the right which constitutes due process

2 Conflicting views on the law taking effect “immediately” 

Farinas vs. Exec. Sec. (2003) - default, La’Bugal Bilaan Tribal Assoc. vs. Ramos (2004) - 1 day

abandon expressly or categorically

how does the SC decide on a conflict

Article 3

"Ignorance of the law excuses no one from compliance therewith."

Presumption of knowledge of laws

"Everyone is conclusively presumed to know the law. Thus, ignorance of the law excuses no one from compliance therewith."

Doctrine of Processual Presumption

 If the foreign law involved is not properly pleaded and proved, our courts will presume that the foreign law is the same as or local or domestic or internal law

Article 4

"Laws shall have no retroactive effect, unless the contrary is provided."

Instances of a law that may be given retroactive effect

• law expressly provides for retroactivity unless an ex post facto law or will result in the impairment of obligation of contracts

• law is penal in character and favorable to the accused unless accused is a habitual delinquent

• law is remedial or procedural in nature

• law creates new substantive rights provided it does not prejudice another acquired right

Article 5

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.

Mandatory provision of law

is when the omission of which renders the proceeding or acts to which it relates generally illegal or void.

Prohibitory laws

are those which contain positive prohibitions and are couched in the negative terms importing that the act required shall not be done otherwise than designated.

Article 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."

Waiver

intentional relinquishment of a known right

Requisites for a valid waiver

person who waives must possess a known right, he must have the capacity to make the renunciation in a clear and unequivocal manner (expressly or implied), it must not be contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law

18 except when you have mental or psychological conditions

legal capacity is emancipated at this age

Article 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 law

is the legislative act of abrogating through a subsequent law the effects of a previous statute or portions thereof.

Express repeal

when the new law clearly names the old law or specific provisions to be repealed.

Implied repeal

when the new law does not name the old law but conflicts with it, making it impossible to apply both.

True, for as long as the law is still existing, it has the same effecting force as all other laws.

Non-observance does not excuse you from compliance

law a is revived

if law c expressly provides that law a is revived

law a is not revived

if law c does not mention reviving law a

law a is not revived unless there is an expressed provision in law c to revive law a

if law b expressly repealed law a

law a is revived by virtue of implied repeal unless law c expressly provides the revival of law a 

if law b impliedly repealed law a and law c repealed law b,

Doctrine of Operative Fact

all laws passed are deemed constitutional unless it is proclaimed void or unconstitutional (equity)

Doctrine of Constitutional Supremacy

The Constitution is the supreme, organic, and fundamental law of the land. It is axiomatic that no ordinary statute can override a constitutional provision.

Article 8

"Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines."

Legis interpretation legis vim obtinet

the interpretation placed upon the written law by competent court has the force of law

Article 9

"No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws."

He must always be guided by equity, fairness and a sense of justice in these situations

Judges must not evade performance of this responsibility just because of an apparent non-existence of any law governing a particular legal dispute or because the law involved is vague or inadequate.

nullum crimen, nulla poena sine lege

In criminal prosecutions, the judge must dismiss the case if a person is accused of a non-existent crime

Article 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.

if there is ambiguity in the law

interpretation of the law requires fidelity to the legislative purpose. What Congress intended is not to be frustrated. Its objective must be carried out. Even if there be doubt as to the meaning of the language employed, the interpretation should not be at war with the end sought to be attained.

Article 11

Customs which are contrary to law, public order or public policy shall not be countenanced.

Customs

defined as a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory. 

Article 12

A custom must be proved as a fact, according to the rules of evidence.

Article 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.

12 calendar months

Year as per administrative code (implied repeal)

30 days

Month

24 hours

Day

first day is included, last day excluded

in computing a period

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.

Exceptions to Article 14

Laws of preferential application, treaty stipulations, generally accepted principles of public international law

Discernment

the ability to know whats right or wrong

No crime committed

What happens to a crime if it has lacking elements

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.

General rule on Absolute Divorces

PH law does not provide for absolute divorce, hence, our courts cannot grant it. Marriage cannot be dissolved even by a divorce obtained abroad because of Art. 15 & 17.

Exception to the general rule on absolute divorces

In mixed marriages, Article 26 of the FC allows the former to contract a subsequent marriage in case the divorce is "validly obtained abroad by the alien spouse capacitating him or her to remarry."

Citizenship at the time a valid divorce is obtained abroad

reckoning point in determining citizenship for absolute divorces

law of the nation of the decedent

Exception: Legal capacity to succeed from decedent, whether the succession is testate or intestate

lex loci rei sitae

Exception: Legal capacity of the person making a deed relating to immovable property, no matter what its nature may be

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.

Principle of Lex Rei Sitae

Personal or real property rules are subjected to the law of the country where it is situated

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 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

Par. 1, Article 17 of the Civil Code 

Lex Loci Contractus

Par. 2, Article 17 of the Civil Code

Effect of Foreign Laws, Judgments or Conventions upon Prohibitory Laws

Par. 3, Article 17 of the Civil Code

law voluntarily agreed upon by the parties or the law intended by them either expressly or implicitly

Governing law for the Intrinsic validity of contracts, its nature and construction

Law of the country in which they are executed

On the governing law of formalities or solemnities of contracts, wills and other public instruments