Articles 1-21, Civil Code and cases, see below:

I. Effect and Application of Laws (Arts. 1-18)

Effectivity of Laws (Art. 2)

1. Publication Requirement; What to Publish

Importance of Publication

Tanada v. Tuvera, G.R. No. L-63915, 29 December 1986, 146 SCRA 446

De Roy v. Court of Appeals, G.R. No. 80718, 29 January 1988

Ignorance of Law excuses no one (Art. 3)

1. Mistake of law v. Mistake of Fact:

a. Art. 526 –mistake on doubtful or difficult provision of law is basis for good faith - mitigates but does not
extinguish liability;

b. Art. 1334 – mutual error on legal effect of agreement- may vitiate consent;

c. Art. 2155 – mistake in payment gives rise to right to return of erroneous payment

Prospective Application of Laws (Art. 4)

1. Exception

a. If provided in the law itself

b. Procedural law

c. Penal law if favorable to the accused

d. Curative and Repealing statutes;

e. Creating new rights

f. Tax statutes

g. Interpretative Statutes

2. Exception to the Exception

a. Ex post facto laws;

b. Penal laws not favorable to the accused;

c. Substantive laws impairing vested rights.

Valeroso v. People, G.R. No. 164815, 22 February 2008

PNB v. Office of the President, G.R. No. 104528, 18 January 1996

Commissioner of Internal Revenue v. Philippine Health Care Providers, Inc., G.R. No. 168129, 24 April 2007

Acts Contrary to Mandatory or Prohibitory Provisions are Void (Art. 5)

1. Exceptions

a. The law makes the act valid BUT punishes THE VIOLATOR
b. The law itself authorizes its validity
c. The law makes the act only voidable
d. The law declares the nullity of an act but recognizes its effects as legally existing

Waiver of Rights (Art. 6)

1. Requisites

2. Exceptions

a. Waiver is contrary to law, public order, public policy, morals or good customs;
b. If the waiver is prejudicial to a third party with a right recognized by law.
c. Alleged rights which really do not yet exist, as in the case of future inheritance
d. If the right is a natural right, such as right to be supported.

D.M. Consunji vs. CA, G.R. No. 137873, April 20, 2001
Cui vs. Arellano University 2 SCRA 205

Repeal of Laws (Art. 7)

1. Kinds of Repeal
a. Express
b. Implied (not favored)

2. Effects

3. Sec. 444, Local Government Code

Mecano v. COA, G.R. No. 103982, 11 December 1992

Judicial Decisions form part of the law of the land (Art. 8)

Doctrine of stare decisis

People v. Licera G.R. No. L-39990, July 2, 1975

Duty of Judges (Art. 9)

Chu Jan vs. Bernas, 34 Phil 631 (1916)

Doubtful Statues (Art. 10)

People vs. Purisima, G.R. Nos. L-42050-66, L-46229-32, L-46313-16, L-46997, 20 November 1978
Customs (Art. 11-12)

1. Requisites to make a custom an obligatory rule

a. Plurality or repetition of acts;

b. Practiced by the great mass of the social group;
c. Continued practice for a long period of time;
d. The community accepts it as a proper way of acting, such that it is considered as obligatory upon all

Martinez vs. Van Buskirk, 18 Phil 79 (1910)

Yao Kee vs. Sy-Gonzales, G.R. No. 55960, November 24, 1988

Computation of Period and Time (Art. 13)

1. Rule on Computation of Period: First day excluded, last day included

a. Years- 365 days, unless year identified

b. Months-30 days, unless month identified

c. Days – 24 hours

d. Nights - sunset to sundown

2. Exception: Computation of age - each year based on birth anniversary

3. Policy if last day is a Sunday or Legal Holiday

CIR vs. Primetown, G.R. 162155, August 28, 2007

Penal Laws (Art. 14)

a) Applicability in the Philippines if committed here

b) Territoriality

c)Exceptions

1. Public International Law (Diplomatic Immunity, etc)

2. Treaty Stipulations

Civil Laws (Art. 15-17)

General Rule: Nationality Principle

a. Family Rights and Duties

d) Status
e) Condition

f) Legal Capacity

2. Exceptions

3. Property transactions (real or personal) – lex situs,

4. Exception to Exception: National Law of Decedent

5. Order of successional rights

6. Amt of successional rights

7. Intrinsic validity of testamentary provisions

8. Capacity to succeed

9. Art. 26, par. 2 FC

10. Lex Loci Celebrationis

i. Exception: Intrinsic validity and Art. 26, par. 1 FC

3. Renvoi Doctrine

Van Dorn vs. Ronillo, Jr. et al., 139 SCRA 139

Pilapil vs. Ibay-Somera 174 SCRA 653

San Luis v. San Luis, G.R. Nos. 133743 & 134029, February 6, 2007

Art. 18

Suppletory application of Civil Code in matters governed by special law

II. Human Relations (19-36)

Art. 19-21

Doctrine of Abuse of Right

Requisites

Doctrine of Volenti non fit Injuria

Damnum Absque Injuria

Acts Contra Bonus Mores

Requisites
Breach of Promise to Marry

Uypitching vs. Quiamco, G.R. No. 146322, December 6, 2006

Wassmer vs. Velez, G.R. No. L-20089, December 26, 1964

Nikko Hotel Manila Garden, et all vs. Reyes G.R. No. 154259, February 28, 2005

Gashem Shookat Baksh vs. CA, G.R. No. 97336, February 19, 1993

Pe vs. Pe, G.R. No. L-17396, May 30, 1962

Globe Mackay Cable vs. CA, 176 SCRA 778

University of the East vs. Jader, G.R. No. 132344, February 17, 2000