Civil Code of the Philippines: Preliminary Title Flashcards

Comprehensive vocabulary flashcards covering the Preliminary Title (Chapter 1) of the Civil Code of the Philippines, Articles 1 through 18.

Provision

A specific rule, condition, or section written inside a law, statute, or contract.

Statute

A law enacted by the legislature (Congress).

Article 1 of the Civil Code

The act shall be known as the "Civil code of the Philippines".

Standard Effectivity Period (Article 2)

Laws take effect after $15$ days following the completion of their publication in the Official Gazette, unless otherwise provided.

Civil Code Effectivity

The Civil Code of the Philippines shall take effect one year after its publication.

Official Gazette

The official publication of the Philippine government where laws, presidential issuances, and other official government materials are published.

EO No. 200 (June 18, 1987)

An executive order signed by President Corazon Aquino stating laws take effect after $15$ days following publication in either the Official Gazette or a newspaper of general circulation.

Newspaper of general circulation

A newspaper widely circulated among the general public, rather than a publication intended for a small or specialized group.

Publication Requirement

An indispensable requisite for a law to become effective; it must be in full to inform the public of its contents.

Article 3 of the Civil Code

Ignorance of the law excuses no one from compliance therewith.

Constructive Notice

The legal presumption that the public is aware of a law's existence and effectivity once it is properly published and becomes effective.

1950 Civil Code Effectivity Date

August 30, 1950.

Article 4 of the Civil Code

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

Penal Law

A law that defines offenses or crimes and provides penalties.

Prospective

A law, regulation, or court ruling that applies only to future actions and events occurring on or after its effective date.

Retroactive

A law that reaches backward and applies to circumstances that occurred before the law took effect.

Curative or Remedial Laws

Laws intended to correct or remedy an existing defect or situation, such as fixing technical mistakes.

Procedural Laws

Laws concerning the manner or procedure by which rights are enforced, like changing steps or paperwork in court, rather than creating substantive rights.

Emergency Laws

Laws passed during extreme crises (e.g., pandemic, war) that can temporarily rewrite past agreements to protect the public safety.

Mandatory Law

A command from the government that leaves no room for choice; citizens must obey and private contracts cannot change it.

Void

Legally invalid or without legal effect.

Waiver (Article 6)

Knowingly and intentionally giving up a right.

Invalid Waiver Conditions (LOPMCT)

A waiver is not valid if it is contrary to Law, public Order, public Policy, Morals, good Customs, or prejudicial to a Third person with a recognized right.

Express Repeal

A type of repeal where the new law explicitly states that a specific law is hereby repealed.

Implied Repeal

A type of repeal where the new law contains provisions contrary to or inconsistent with the former law.

Custom

Something people have repeatedly and consistently done as a practice.

Constitutional Supremacy

The principle that the Constitution is the supreme, organic, and fundamental law; ordinary statutes cannot override it.

Doctrine of Stare Decisis

The principle that lower courts and future cases must follow the Supreme Court's past rulings (let the decision stand).

Article 9: Non-Liquet Principle

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

Silence of the Law

A situation where the law does not say anything about a particular situation or dispute.

Obscurity of the Law

A situation where the law exists, but its meaning is unclear or ambiguous.

Insufficiency of the Law

A situation where the law is understandable but does not completely provide an answer to the issue before the court.

Year (Article 13)

Understood to be $365$ days each.

Month (Article 13)

Understood to be $30$ days, unless designated by name, in which case it uses the actual number of days in that specific month.

Computation of Days

The first day is excluded and the last day is included.

Sojourn

To stay temporarily in a territory.

Extraterritoriality of Status Laws (Article 15)

Laws relating to family rights, duties, status, condition, and legal capacity remain binding upon Filipino citizens even if they live abroad.

Lex rei sitae (Article 16)

The law of the place where property is situated governs both real and personal property.

Real Property

Land and things permanently attached to land, such as buildings and houses.

Personal Property

Movable property, such as cars, laptops, or furniture.

National Law (Article 16 Exception)

The law of the deceased's citizenship, which governs the order and amount of successional rights regardless of the property's location.

Lex loci celebrationis (Article 17)

The law of the place of celebration; forms and solemnities of contracts or wills are governed by the laws of the country where they are executed.

Suppletory Application (Article 18)

The Civil Code fills gaps in the Code of Commerce or special laws when those laws lack sufficient rules for a specific situation.