CIVIL LAW REVIEW 1 ATTY. D. LEGASPI Sections 18-23, Chapter 5, Book I, RAC Sec. 18.

When Laws Take Effect. - Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided. Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided. Sec. 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be consulted. Sec. 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless expressly so provided. Sec. 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise. Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one from compliance therewith. Sec. 3-4, Chap. 2, Book 7, RAC Sec. 3. Filing. (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party or persons. (2) The records officer of the agency, or his equivalent functionary, shall carry out the requirements of this section under pain of disciplinary action. (3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection. Sec. 4. Effectivity. - In addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them. Sec. 24-25, Chap. 5, Book 7, RAC Section 24. Hearing Officers. (1) Each agency shall have such number of qualified and competent members of the base as hearing officers as may be necessary for the hearing and adjudication of contested cases. (2) No hearing officer shall engaged in the performance of prosecuting functions in any contested case or any factually related case. Section 25. Judicial Review. (1) Agency decisions shall be subject to judicial review in accordance with this chapter and applicable laws. (2) Any party aggrieved or adversely affected by an agency decision may seek judicial review. (3) The action for judicial review may be brought against the agency, or its officers, and all indispensable and necessary parties as defined in the Rules of Court. (4) Appeal from an agency decision shall be perfected by filing with the agency within fifteen (15) days from receipt of a copy thereof a notice of appeal, and with the reviewing court a petition for review of the order. Copies of the petition shall be served upon the agency and all parties of record. The petition shall contain a concise statement of the issues involved and the grounds relied upon for the review, and shall be accompanied with a true copy of the order appealed from, together with copies of such material portions of the records as are referred to therein and other supporting papers. The petition shall be under oath and shall how, by stating the specific material dates, that it was filed within the period fixed in this chapter. (5) The petition for review shall be perfected within fifteen (15) days from receipt of the final administrative decision. One (1) motion for reconsideration may be allowed. If the motion is denied, the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the appellant shall have fifteen (15) days from receipt of the resolution to perfect his appeal. (6) The review proceeding shall be filed in the court specified by statute or, in the absence thereof, in any court of competent jurisdiction in accordance with the provisions on venue of the Rules of Court. (7) Review shall be made on the basis of the record taken as a whole. The findings of fact of the agency when supported by substantial evidence shall be final except when specifically provided otherwise by law. Art. 105, 256, 257, FC

Art. 105 In case the future spouses agree in the marriage settlements that the regime of conjugal partnership of gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application. The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Art. 256. Art. 256 This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. Art. 257 This Code shall take effect one year after the completion of its publication in a newspaper of general circulation, as certified by the Executive Secretary, Office of the President. (Aug. 31, 1988) Vested rights: A vested right is defined as one which is absolute, complete and unconditional, to the exercise of which no obstacle exists, and which is immediate and perfect in itself and not dependent upon a contingency. Substantive law creates substantive rights and the two terms in this respect may be said to be synonymous. Substantive rights is a term which includes those rights which one enjoys under the legal system prior to the disturbance of normal relations. Substantive law is that part of the law which creates, defines and regulates rights, or which regulates the rights and duties which give rise to a cause of action; that part of the law which courts are established to administer; as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtains redress for their invasion. In determining whether a rule prescribed by the Supreme Court, for the practice and procedure of the lower courts, abridges, enlarges, or modifies any substantive right, the test is whether the rule really regulates procedure, that is, the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for a disregard or infraction of them. If the rule takes away a vested right, it is not procedural. If the rule creates a right such as the right to appeal, it may be classified as a substantive matter; but if it operates as a means of implementing an existing right then the rule deals merely with procedure. Stare decisis: when the Court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same. Obiter dictum: (said by the way) a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision. Law of the case: rulings made by a trial court and not challenged on appeal become the law of the case; if an appellate court has passed on a legal question and remanded the cause to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same; the doctrine provides that an appellate courts determination on a legal issue is binding on both the trial court on remand and an appellate court on a subsequent appeal given the same case and substantially the same facts. Court judgment and law it interprets; SC rules and other issuances Decisions of the Supreme Court, although in themselves are not laws, are evidence of what the law means. The application or interpretation placed by the Supreme Court upon a law is part of the law as of the date of its enactment since the Courts application or interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. Nationality rule (Art. 15): Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon Filipino citizens, even though living abroad. By implication, this rule is also applicable to aliens. RA 9225: Citizenship Retention and Re-acquisition Act of 2003 Retention: natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking an oath of allegiance to the Republic. Derivative Citizenship: The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of RA 9225 shall be deemed citizens of the Philippines. Lex rei sitae: Things concerning real property should be governed by the law of the place where the property is situated. (Art. 16, paragraph 1, NCC) Reason: Real property is part of the country where it is located. Its immovability makes it logical that it shall be subject to the laws of the State where it is found. Contrary rules in foreign States cannot certainly be given effect unless the situs so allows. Exceptions: 1. successional rights to real property

2. capacity to succeed 3. contracts involving real property but which do not deal with the title 4. contract where real property is given by way of security Lex loci celebrationis: 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. (Art. 17, paragraph 1, NCC) Lex fori rule: The law of the forum or court in which a case is being tried. More particularly the law relating to procedure or the formalities in force in a given place. Processual presumption: A foreign law must be properly pleaded and proved as a fact. Thus, if a foreign law involved is not properly pleaded and proved, our courts will presume that the foreign law is the same as our local or domestic or internal law. Renvoi: literally means a referring back; the problem arises when there is a doubt as to whether a reference to a foreign law (a) is a reference to the internal law of said foreign law or (b) is a reference to the whole of the foreign law, including its conflicts rules. Abuse of rights: If a person acts with abuse, his right to act ceases, and his act becomes illicit, giving rise to liability. Elements: 1. there is a legal right or duty 2. which is exercised in bad faith 3. for the sole intent of prejudicing or injuring another Damnum absque injuria: Damage resulting from the legitimate exercise of a persons rights is a loss without injury for which the law gives no remedy. Accion in rem verso (Art. 22): an action for recovery of what has been paid or delivered without just cause or legal ground. Requisites: 1. defendant has been enriched 2. plaintiff has suffered a loss 3. enrichment is without just or legal ground 4. plaintiff has no other action based on contract, quasi-contract, crime or quasi-delict Negotiorum gestio (Art. 2144): the juridical relation which arises when a person voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, as a consequence of which, he is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in position to do so. Requisites: 1. the gestor must voluntarily assume the agency or management of the business or property of another 2. the business or property must be either neglected or abandoned 3. the agency or management must not be authorized by the owner either expressly or impliedly 4. the assumnption of agency or management must be made in good faith Solutio indebiti (Art. 2154): No one shall enrich himself at the expense of another. Mistake is an essential element. Requisites: 1. a payment is made when there exists no binding relation between the payor, who has no duty to pay, and the person who received the payment. 2. the payment is made through mistake and nor through liberality or some other cause. Other Quasi-contracts (Art. 2165) Art. 2164. When, without the knowledge of the person obliged to give support, it is given by a stranger, the latter shall have a right to claim the same from the former, unless it appears that he gave it out of piety and without intention of being repaid. (1894a) Art. 2165. When funeral expenses are borne by a third person, without the knowledge of those relatives who were obliged to give support to the deceased, said relatives shall reimburse the third person, should the latter claim reimbursement. (1894a) Art. 2166. When the person obliged to support an orphan, or an insane or other indigent person unjustly refuses to give support to the latter, any third person may furnish support to the needy individual, with right of reimbursement from the person obliged to give support. The provisions of this article apply when the father or mother of a child under eighteen years of age unjustly refuses to support him.

Art. 2167. When through an accident or other cause a person is injured or becomes seriously ill, and he is treated or helped while he is not in a condition to give consent to a contract, he shall be liable to pay for the services of the physician or other person aiding him, unless the service has been rendered out of pure generosity. Art. 2168. When during a fire, flood, storm, or other calamity, property is saved from destruction by another person without the knowledge of the owner, the latter is bound to pay the former just compensation. Art. 2169. When the government, upon the failure of any person to comply with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the expenses. Art. 2170. When by accident or other fortuitous event, movables separately pertaining to two or more persons are commingled or confused, the rules on co-ownership shall be applicable. Art. 2171. The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720. Art. 2172. The right of every possessor in good faith to reimbursement for necessary and useful expenses is governed by Article 546. Art. 2173. When a third person, without the knowledge of the debtor, pays the debt, the rights of the former are governed by Articles 1236 and 1237. Art. 2174. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness, fire, flood, storm or other calamity, any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. Art. 2175. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. Quasi-delict (Art. 2176): the fault or negligence of a person, who, by his act or omission, connected or unconnected with, but independent from, any contractual relation, causes damage to another person. Independent Civil Actions Birth and Gender (Sex) Change Civil Status v. Civil Registry Status: the place of an individual in society and consists of personal qualities and relationships, more or less permanent, with which the state and the community are concerned. Sec. 444 (xvii), LGC: For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall: (1) Exercise general supervision and control over all programs, projects, services, and activities of the municipal government, and in this connection, shall: (xviii) Solemnize marriages, any provision of law to the contrary notwithstanding Sec. 455 (xviii), LGC: For efficient, effective and economical governance the purpose of which is the general welfare of the city and its inhabitants pursuant to Section 16 of this Code, the city mayor shall: (1) Exercise general supervision and control over all programs, projects, services, and activities of the city government, and in this connection, shall: (xviii) Solemnize marriages, any provision of law to the contrary notwithstanding Church Wedding Civil Wedding Divorce Art, 15, 16, 17, NCC v. Art, 26 (1st and 2nd), FC 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. Art. 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. 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. SC AM Rule 02-11-10: Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages RA 9262 and IRR: The Anti-Violence Against Women and Their Children Act of 2004 Common law relationships: when a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. Different kinds of void marriages: 1. those contracted by any party below 18 years of age even with the consent of parents or guardians 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 office had the legal authority to do so 3. those solemnized without license, except those covered by the marriages exempted from license requirements 4. those bigamous or polygamous marriages not falling under Art. 41 of the FC 5. those contracted through mistake of one contracting party as to the identity of the other 6. those subsequent marriage that are void under Art. 53 of the FC 7. those marriages 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 its solemnization 8. incestuous marriages, whether the relationship between the parties be legitimate or illegitimate 9. those which are declared void because they are contrary to public policy Art. 51 and Law on Succession, Marriage and Successional Rights Art. 51 In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters. The children or their guardian, or the trustee of their property, may ask for the enforcement of the judgment. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights accruing upon the death of either or both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances of their legitime. Art. 54 v. Art. 164 and 165, FC Art. 54 Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. Art. 164 Children conceived or born during the marriage of the parents are legitimate. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. Art. 165 Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.