ARTICLE 1: CIVIL CODE OF THE PHILIPPINES ARTICLE 3.

RULE ON IGNORANCE OF THE LAW

Civil code is a collection of laws which regulate the private relations of the
members of civil society, determining their respective rights and
obligations, with reference to persons, things, and civil acts.
It is a system of norms or rules of a character general and common which
regulates the relations of persons, individual, or collective, and which
protects the person in his personality as well as his interests both moral
and patrimonial.
Note:
✓ The New Civil Code of the Philippines became effective on August 30,
1950.
✓ In interpreting its provision, the English text shall prevail over any
translations, including any Spanish translation.
Sources of the New Civil Code:
1. Spanish Civil Code of 1889;
2. Foreign laws such as the civil codes of Argentina, England, France,
Germany, Italy, Mexico, Switzerland, United States (particularly California
and Louisiana);
3. Foreign judicial decisions, comments, and treaties of foreign jurists;
4. Doctrinal decisions of the Philippine Supreme Court;
5. Philippine laws such as the Marriage Law (Act No. 3613), Divorce Law
(Act No. 2710), the
Rules of Court;
6. 1935 Constitution of the Philippines;
7. Report of the Code Commission; and
8. Filipino customs and traditions
Civil Law covers:
1. the person himself and the rights of personality;
2. the family and rights of family;
3. associations and partnerships; and
4. the human patrimony which includes:
✓ the right to things or the right to property and its modifications;
✓ the right of obligations; and
✓ the right of hereditary succession
Important: The Civil Law is wider in concept than the Civil Code. The Civil
Code is part of the Civil Law but not all civil laws are part of the Civil Code.
Provision: Ignorance of the law excuses no one from compliance therewith.
Rationale: It cannot be disputed that in reality, no person can be fully aware of the
existence of all the laws. Yet, all persons are conclusively presumed to know the laws
as long as the laws had been duly promulgated and any violation thereof is not
excusable on the ground of ignorance.
Purpose: The rule is intended to prevent invasion of the law.
Ignorance, Definition
• the want or absence of knowledge;
• the state of being unaware or uninterested of something or act under consideration
Ignorance of law, Concept
• the want of knowledge or acquaintance with the laws of the land insofar as they
apply to the act, relation, duty, or matter under consideration
Ignorance of fact, Concept
• the want of knowledge of some fact or facts constituting or relating to the subject
matter in hand
Maxims:
Ignorantia juris non excusat. “Ignorance of the law excuses no one from compliance
thereof.”
Ignorantis facti excusat.
“Ignorance of the fact may excuse a party from legal consequences of his conduct.”
The Principle of ignoratia legis neminem excusat, Concept
• a rule of necessity and is limited in its scope by the reason of it
Notes:
 The rule applies to all domestic laws whether penal or civil law and whether
substantive or procedural.
 The rule does not apply to ignorance of foreign laws because our courts do not
generally take judicial notice of them.
 While the rules covers all domestic laws, nonetheless, it applies only to mandatory
or prohibitive laws and not to permissive or suppletory laws.
 Permissive laws may or may not be complied with although not meant to be
broken.
Important: The existence of foreign laws must be pleaded and proved as matters of
fact. The ignorance of a foreign law is not a mistake of law but a mistake of fact.
Processual Presumption, Concept
• a foreign law is a matter of fact which must be proven with evidence and in the
absence of any contrary evidence, it is presumed to be the same as our domestic law

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 ARTICLE 2: EFFECTIVITY OF LAWS
Provision: Laws shall take effect after fifteen days following the completion
of their publication in the Official Gazette, or in a newspaper of general
circulation, unless it is otherwise provided. This Code shall take effect one
year after such publication.
When do laws become effective?
1. No date specified for its effectivity—the law becomes effective after
fifteen days following the completion of its publication in the Official
Gazette or newspaper of general circulation;
2. The law provided a specific date for its effectivity—it becomes effective
only upon the lapse of said period following its complete publication, not
before;
3. A law which provides for its immediate effectivity upon approval—
becomes effective only after its complete publication and not immediately
after its signing by the President
―unless otherwise provided‖, Concept
• refers to the date of effectivity of laws not to the requirement of
publication.
Important: Publication is indispensable. To rule otherwise, is to run into
collision with the constitutional requirement of the due process clause of
the Constitution.
Laws that Need Publication:
1. all statutes, including those of local application and private laws, shall be
published as a condition for their effectivity, which shall begin after fifteen
days following their publication unless a different date is fixed by the
legislature
Notes:
 Internal instructions of administrative agencies and Municipal
Ordinances are not covered by the requirement.
 Publication must be complete.
 Publication is required of a Central Book Circular and
executive Order if punitive (adj: inflicting punishment) in
nature and issued in implementation of the law is not
effective unless first properly published.
 The publication of Administrative Rules and Regulations is
required if the purpose is to enforce or implement existing
laws pursuant to a valid delegation.
Article 4. Prospective Nature of Laws
Provision: Laws shall have no retroactive effect, unless the contrary is provided.
Rationale: The rule against retroactivity is intended to protect vested rights.
General rule: Laws operate prospectively.
Note: Statutes have only a prospective operation unless the intention is to give
them retrospective effect is expressly declared or necessarily implied from the
language used.
Important: If there is doubt, the doubt must be resolved against retrospectivity.
Retrospectivity, Concept
• there is retroactivity when a law is made applicable to situations or acts
already done before the passage of the said law
Retroactive Law, Definition
• creates a new obligation, imposes a new duty or attaches a new disability in
respect to a transaction already past
Retrospective Statute, Concept
• one which takes a way or impair vested rights acquired under existing laws,
or creates a new obligation and imposes a new duty or attaches new disability
in respect to transaction or consideration already past
Important: The retrospective applicability of a law should be expressly provided
therein. In the absence of such expressed provision, the presumption is in favor
of the prospective operation of the law.
Note: A statute should not receive construction making it retroactive unless the
words are so clear, strong, and imperative that no other meaning can be
annexed to them, or unless the intention of the legislature cannot be otherwise
satisfied.
Constitutional Limitations on Passage of Retroactive Laws:
1. Sec. 22 Article II, 1987 Constitution
“Sec. 22. No ex post facto law or bill of attainder shall be enacted.”
2. Sec. 10, Article III, 1987 Constitution
“Sec 10. No law impairing the obligation of contracts shall be passed.”
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Statutes which may be Given Retroactive Application: ARTICLE 5: DISTINCTION BETWEEN MANDATORY AND DIRECTORY LAWS
Provision: Acts executed against the provision of mandatory or prohibitory laws shall
1. Remedial Laws—laws which provide for the methods of be void, except when the law itself authorizes their validity.
Distinction between Mandatory and Directory Laws
enforcing rights or obligations redress for their violation;
Term Definition Distinction Effect

Important: There are no vested rights in rules of procedure. Mandatory A mandatory provision in a When the provision The violation of
Laws statute is one the omission of a statute is the such law renders
to follow which, renders essence of the thing the act void.
Note: Procedural laws may apply retroactively to pending the proceedings to which it done, it is
proceedings even without any explicit provision to that effect relates void. mandatory.
but substitutive law cannot be given retroactive effect.

2. Penal Laws favorable to the Directory A directory provision is one When it relates to The violation of
accused/convict; Laws of the observance of which form and manner, such law does
is not necessary to validity and where an act is not render the
of the proceeding. incidental, or after act void or
3. Curative Laws—are laws intended to correct errors or jurisdiction illegal.
irregularities incurred in judicial or administrative proceedings, acquired, it is
merely directory.
acts of public officers, or private deeds and contracts which
otherwise would nod produce their intended consequences by
reason of some statutory disability or failure to comply with Four Ways of Violating an Act or Contract Contrary to a Mandatory Law:
1. By expressly validating the contract;
some technical requirements;
Example: Art. 349 of the RPC punished bigamy. However, if bigamy is committed
Note: Interpreting laws are laws which are intended to clarify or under the circumstances provided in Art. 41 of the Family Code, the subsequent
bigamous marriage is considered valid.
interpret a provision or provisions of an existing statute are also
curative in nature and are retroactive in effect. 2. By making the invalidity to depend on the will of the injured party, such as voidable
or annullable contracts;
4. Emergency Laws—are laws intended to meet Example: When consent in marriage is vitiated by violence or intimidation, the
emergencies which require immediate action; marriage is voidable and annullable. The victim may or may not however opt to annul
the marriage. The discretion to annul belongs solely to the victim or side of the victim.
5. Laws creating new rights—may be given retroactive 3. By punishing it criminally but validating the act; and
effect provided no vested right of same origin is affected;
Example: Art. 7, par.1 of the Family Code authorizes incumbent judges to officiate
marriages within their territorial jurisdiction. However, if a judge officiated a marriage
6. Tax Laws outside of his jurisdiction, nonetheless, the marriage remains valid but without
prejudice to the prosecution of the judge for administrative or criminal liability.
Important: The principle of prospectively of statutes, original or
4. By invalidating the act but recognizing the legal effects as flowing from the invalid
amendatory, shall apply to judicial decisions, which, although in act
themselves are not laws, are nevertheless evidences of what the Example: Under the Family Code, the marriage of a party suffering from psychological
law means. incapacity is void. But children born before the final declaration of the nullity of the
marriage are considered legitimate.

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 ARTICLE 7. EFFECTS WHEN A LAW IS REPEALED ARTICLE 6. WAIVER OF RIGHTS

Provision: Laws are repealed only by subsequent ones, and their violation
Provision: Rights may be waived, unless the waiver is contrary to law, public
or non-observance shall not be excused by disuse, or custom or practice
order, public policy, morals, or good customs, or prejudicial to a third person
to the contrary.
with a right recognized by law.

When the courts declare a law to be inconsistent with the Constitution,

Right. Meaning
the former shall be void and the latter shall govern.
 a legally enforceable claim of one person against another, that the other shall
do a given act, or shall not do a given act;
Administrative or executive acts, orders and regulations shall be valid
 a power, privilege, or immunity guaranteed under a constitution, statutes, or
only when they are not contrary to the laws or the Constitution.
decisional laws, or claimed as a result for long usage

Important: Laws are subject to repeal, self-cancelation due to the lapse of

Distinction between Right and Duty
their period of effectivity or declaration of nullity due to
unconstitutionality.
Term Distinction
Kinds of Repeal: Needs not to be exercised. It may be
Express—when the repealing law provides for a provision or a repealing Right even waived.
clause explicitly stating that a particular existing law or part of a law is
thereby repealed; Must be performed, and one who
does not discharge the same must
Implied—when there is no repealing clause in the repealing law, but the necessarily be prepared to face the
prior law and the subsequent law could not reconcile being substantially Duty consequence of his dereliction or
inconsistent with one another omission.

Note: Implied repeal is not looked upon with favor because it rests only in
presumption that here is an intention to repeal.
General rule: When two laws are irreconcilable and there is a repealing
clause in the later law expressly repealing the prior law, there is not
doubt on the intention to repeal the prior law.
Rules to remember:
1. If one law is general and the other is special, stress should be places on
which law is prior in enactment in relation to the other—
A. If the general law is prior to the special law, the latter is considered
merely an exception to the general law;
B. If the general law is later in enactment, the special law prevails
except—
General Classifications of Rights:
1. Perfect—the scope is clear, settled, and determinate;
2. Imperfect—the scope is vague and unfixed
As to passive subject of the right—
In Personam—one which imposes an obligation on a definite person;
 In Rem—one which imposes an obligation on a definite person or
persons generally
1. Political Rights—consist in the power to participate, directly or
indirectly, in the establishment or administration of government;
2. Personal Rights—right of personal security, comprising those of life,
limb, body, health, reputation, and the right of personal liberty

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  when there is a clear, necessary and irreconcilable Rights as Classified Under the Constitution:
conflict between the two;
Natural Rights—those which grow out of the nature of man and depend upon
 the general law covers the whole subject and is clearly
personality, as distinguished from such as are created by law and depend upon
intended to replace the special law
civilized society; those which are plainly assured by natural law;

Revival of a Repealed Law, Conditions:
1. if the first law is repealed by implication by the second law, and the
second law is itself repealed by the third law, the first law is revived
unless otherwise provided in the third law;
2. if the first law is repealed expressly by the second law, the first law is
not revived, unless expressly so provided
Civil Rights—belong to every citizen of the state or country, or, in a wider sense,
to all its inhabitants, and are not connected with the organization or
administration of government;
Waiver, Meaning and Coverage
The intentional or voluntary relinquishment of a

General rule: In case of implied repeal, there is revival and in case of What rights may be waived:
express repeal, there is no revival.
1.right to counsel;
2.right to remain silent;
Exception: If the contrary is provided. 3.the statutory right to preliminary investigation;
4.right to bail;
Self-Lapsing Laws, Concept 5.private rights
• these are laws providing for their limited application;
What may not be waived:
• once the period for their effectivity lapses, the self-lapsing laws
automatically become ineffective without any need for further legislation 1. right to live;
2. right to future support;
Examples: 3. right to personality;
4. family rights
1. House Rental Law;
The waiver will be void:
2. Emergency Powers granted to the President;
1. if it is contrary to law, public order, public policy, morals and good customs;
3. Annual Appropriations; 2. if it is prejudicial to a third person with a right recognized by law
4. Import Contract Laws
Requisites of a Valid Waiver:
Important: The Constitution is the highest law of the land to which all 1. the waiving party must actually have the right he is renouncing;
other laws must abide; otherwise, they will be void for being 2. he must have the full capacity to make the waiver;
3. the waiver must be clear and unequivocal;
unconstitutional. Unless the law has been declared void by a competent
4. the waiver must not be contrary to law, public order, public policy, morals or good
authority, it remains valid and effective. customs o prejudicial to a third person with a right recognized by law; and
5. when formalities are required in the case of an express condonation of a debt, the
Note: Laws are superior to Administrative and Executive Acts, Orders, and formalities must be complied with
Regulations.

A law may be declared unconstitutional because:

1. Its purpose or effect contravenes the Constitution or its basic

principles;
2. Arbitrary method may have been established;
3. The enactment is not within the power of legislative body to enact
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 ARTICLE 8. JURISPRUDENCE
Provision: Judicial decisions applying or interpreting the laws or the
Constitution shall for part of the legal system of the Philippines.
Important: Judicial decisions are not laws but have the force and effect of
law.
Jurisprudence, Concept
• doctrines formulated by the decisions of the
Supreme Court;
• these amplify and supplement the written law
STARE DECISIS
Based upon the legal principle or rule involved and not upon
the judgment which results therefrom. It is one of policy grounded on the
necessity for securing certainty and stability of judicial decisions.
It is the doctrine that obligates courts to look to precedent
when making their decisions.
Distinction between Vertical and Horizontal Stare Decisis consideration,
the facts of the first case should be similar or analogous to the second
case.

Note: Decisions of the lower courts, no matter how sound and wise do Two Kinds of Horizontal Stare Decisis:
not become part of jurisprudence. 1. Constitutional;
They cannot be cited as authorities. 2. Statutory

Constitutional Requirements for Validity of Decisions: Note: In order that a case be considered as a precedent to another case
which is pending
1. Art. VIII, Sec. 14
Doctrine Difference
“No decision shall be rendered by any court without expressing therein
Stare Decisis Based upon the legal principle or rule
clearly and distinctly the facts and the law on which it is based.” involved and not upon the judgment
which results therefrom. It is one of
Notes: policy grounded on the necessity for
 Resolutions are not decisions within the constitutional securing certainty and stability of
requirement. They merely resolve that the petition for review is judicial decisions.
Kind Distinction
not entertainable under the Rules of Court.
Has been viewed as an obligation.
 A petition to review the decision of the Court of Appeals is not a Vertical
matter of right but judicial discretion. Horizontal Has been viewed as a policy, imposing
choice but not a command.
Difference between Stare Decisis and Res Judicata Orbiter Dictum, Concept
• an opinion expressed by a court upon some question of law which is not
Based upon the judgment.
necessary to the decision of the case before it;
Res Judicata
• it is a remark made, or opinion expressed, by a judge, in his decision
upon a cause, “by the expressed was,” that is, incidentally or collaterally,
and not directly upon the question before him, or upon a point not
necessarily involved in the determination of the cause, or introduced by
way of illustration, or analogy or argument

Important: When a matter has been clearly questioned or raised as an

issue and the same was touched in the decision when a conclusion was
presumed, the adjudication cannot be considered an orbiter dictum but a
factual finding.

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 ARTICLE 9. DUTY OF THE JUDGE OR COURT
Provision: No judge or court shall decline to render judgment by reason
of the silence, obscurity or insufficiency of the laws.

Duty of a judge, Limitations

• when cases are brought to court and there is no law exactly applicable
to them, the judge is enjoined to render a decision;
• he shall not abstain or decline in adjudging the case;
• he is forced to “legislate” in a loosed sense or to fill the existing vacuum
in obscure or insufficient laws;
• he is not free to decide according to his whims and caprices;
• he must see to it that the decision is just and equitable, and not
contrary to law, public order, public policy, morals and good customs;
• he should favor the solution which will best promote public welfare;
• he must apply the law without fear or favor;
• he should follow its mandate and not tamper with it

Important: Where the law governing a particular matter is silent on a

question at issue, the provision of another law governing another matter
may be applied where the underlying principle is the same. Ubi cadem
ratio ibi eadem disposito.

Maxim:

 Dura lex sed lex.

“The law may be harsh but it is the law.”

 Nullum crimen, nulla poena sine lege.

“When there is no law condemning the act, there is no crime.”

Important: Article 9 is only applicable to civil cases.

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ARTICLE 10. RULE WHEN THERE IS DOUBT Article 36: PREJUDICIAL QUESTIONS
Provision: In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body intended right and Concept: A prejudicial question is one which must be
justice to prevail. decided first before a criminal action may be instituted or
Rationale: It is necessary to tip the scales in favor or right and may be proceed because a decision therein is vital to the
justice when the law is doubtful or obscure. It will strengthen judgement in the criminal case.
the determination of the courts to avoid an injustice which may
be authorized by some way of interpreting the law. The Supreme court define that it is one with arises in a
case that resolution of which questions is a logical
Important: This article will only apply when there is doubt. antecedent of the issues involved in the said case and the
cognizance of which pertains to another tribunal ( People
General rule: If there is no doubt on the law, the court must
apply it without fear or favor. When the law is clearly worded, vs Adelo Aragon GR L 5930, February 17, 1954)
no interpretation should be made.
Requisitions:
FUNDAMENTAL PRINCIPLES IN STATUTORY CONSTRUCTION OF
INTERPRETATION OF LAWS: 1. The civil action involves an issue similar or
1. A law should be interpreted not by the letter that killeth but intimately related to the issue raised in criminal
the spirit that giventh life; action
2. When statutes are silent or ambiguous, the courts should 2. Resolution of such issue determines whether or
consider the vehement urge to the conscience;
3. When the reason for the law ceases, the law automatically not to proceed on criminal case.
ceases;
4. Strict interpretation should be applied to laws which are in
derogation or natural or basic rights;
5. Criminal laws and tax laws should be interpreted strictly
against the State;
6. The judge should not apply equity if equity will not serve the
ends of justice. The judge should instead apply the law strictly;
7. Equity follows the law. Justice is done according to law;
8. Equity is justice tempered with mercy. Its purpose is to soften
the rigors of positive laws;
9. The Rules of Court must be liberally construed in order to
promote their object and to assist the parties in obtaining just,
speedy, and inexpensive determination of every action and
proceeding.

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 ARTICLE 36: PSYCHOLOGICAL INCAPACITY
Canon law 1095 – provided what is now Art. 36.

Declaration of Nullity vs Annulment of Marriage:

There is declaration of Nullity when the marriage
does not exist for ground of psychological incapacity from the
very beginning while in Annulment of marriage happened
when the marriage is valid and existing until annulled for
ground of Lack of parenteral consent, insanity, consent
obtained by fraud, consent obtained through force,
intimidation, undue influence, impotency and affliction of
STD.

Psychological incapacity: no less than mental incapacity. That

there is hardlyany doubt the most serious case of personality
disorder clearly demonstrative of utter insensitivity or
inability to give meaning or significance to marriage. This
must be present at the time the marriage is celebrated.

Characterized by:

1. Gravity – grave or serious that the party is

incapable of doing ordinary duties.
2. Juridical Antecedence – there is prior history
although the manifestation occurred after the
marriage.
3. Incurability – no cure at all

Guideline in interpretation and application of Article 36:

1. Burden of proof – any doubt shoulder be resolve in

favour of the existence and continuous of
marriage.
- Both our law and constitution
cherish the validity of marriage and unity of family. Reason
why Supreme Court always intervene.
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2. Root Cause of psychological incapacity:

a.) Medically or clinically identified

b.) alleged in the complaint
c.) sufficiently proven by expert
d.) clearly explain in the decision.

PRINCIPLE OF EJUSDEM GENERIS: OF THE SAME KIND

e.) Incapacity must be proven at the time of celebration –
that is should be existing at the party or when both says I
do’s.
f.) must be grave enough and debilitating.
Can’t be accepted: Mild categorical peculiarity, mood
change, outburst and emotional.

g.) Interpretation by National Appellate Matrimonial

Tribunal of the Catholic Church of the Philippines – not
controlling but given great aspect.

h.) Trial court order persecuting attorney or great aspect

appear as counsel for state.

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