1 Historical Background of the Civil Code March 20, 1947- EO No. 48 issued by President Manuel Roxas EO No.

48- created the Code Commission Members of the Commission: Dean Jorge Bacobo, Judge Guillermo B. Guevarra, Dean Pedro R. Ylagan, Dean Francisco R. Capistrano, Dr. Carmelino Alvendia May 8, 1947- Commission started drafting the Code December 16, 1947- Commission finished drafting June 18, 1949- Congress approved the submitted draft as RA 386 August 30, 1950- Code took effect Present Civil Code is premised on: Civil Code of Spain of 1889, 1935 Constitution, Existing laws and jurisprudence, Customs and traditions, Decisions of foreign courts, Laws of other countries, Equity and general principles of laws Civil Code- composed of 2270 articles, divided into 4 books: Book I (Art. 1-413) - Law on Persons and Family Relations Book II (Art.414-711) Property Ownership and its Modifications Book III (Art.712-1155) - Different Modes of Acquiring Ownership Book IV (Art. 1156-2270) Law on Obligations and Contracts Before Civil Code of Spain, our civil law was based on: -Recopelacion de las Leyes de las Indias, La Novisima Recopelacion, La Nueva Recopelacion, The Royal Ordinances of Castille, Las Leyes de Toro, La Siete Partidas August 3, 1988- Family Code of the Philippines took effect Family Code- amended the provisions in the Civil Code on Family Relations (Art. 52-363) July 6, 1988- Family Code was signed into law by Pres. Corazon Aquino by virtue of EO No. 209 as amended by EO 227. CHAPTER 1: EFFECTS AND APPLICATION OF LAWS A. Title (Art. 1)- Civil Code of the Philippines B. Effectivity of Laws (Art. 2) GENERAL RULE: Laws shall take effect after 15 days following the completion of its publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. 1. Art. 2 applies to ordinary laws and the Civil Code Ordinary Laws: 2. When the law provides for its own effectivity, it shall take effect on the date it is expressly provided to take effect. 3. When the law provides for its own effectivity or upon approval by the President, publication is no longer necessary so long as it is NOT PUNITIVE IN CHARACTER. However, this ruling has already been abandoned (Tanada vs. Tuvera). 4. When the law does not provides for its own effectivity, it follows the General Rule. Publication- intended to familiarize the people with the statute. - Must be full or it is no publication at all. - Absence of publication would offend due process in so far as it would deny the public of the laws that are supposed to govern it. 5. unless it is otherwise provided- refers to the fifteen day period and not to the requirement of publication. - Legislature may in its discretion provide that the usual fifteen day period be shortened or extended. - If the law provides for a period shorter or longer than the 15-day period, such shorter or longer period shall prevail. In any case, there should always be publication before the law can take effect.

2 6. All statutes shall be published as a condition for their effectivity unless legislature fixes a different effectivity date. This covers : -PDs and EOs - Administrative rules and regulations as long as their purpose is to enforce or implement existing laws pursuant also to a valid delegation. 7. Interpretative regulations and those merely internal need not be published. 8. EO 209: Publication may be done not only in the Official Gazette but also in newspapers of general circulation because they are easily and regularly available and have a wider readership. Civil Code 9. Civil Code shall take effect one year after its publication: In the case of Lara v. Del Rosario, the SC in an obiter dictum ruled that Civil Code took effect on August 30, 1950 even though its publication is on June 1949. It was released for circulation on August 30, 1949. This ruling was criticized as it seems to contradict the letter of the law which provides that the one year period shall be reckoned from the date of publication and not circulation. C. Ignorance of the Law excuses no one (Art. 3) 1. Ignorantia legis non excusat- founded on expediency, policy and necessity. - Refers only to mandatory and prohibitory laws, not to permissive or suppletory laws. - This rule is the basis of the SC in saying that all laws must be published. 2. This rule applies to all kinds of domestic laws whether civil or penal, and whether substantive or remedial. Ignorance of foreign law is not ignorance of the law but ignorance of the fact. Foreign laws must be alleged and proven as a fact. Doctrine of Processual Presumption- if the foreign law is not properly alleged and proved, the presumption is that it is the same as our law. E.g. In the absence of proof, we will presume that the law of China is the same as ours where the village elder cannot perform marriage. D. Law are generally prospective (Art. 4) 1. GENERAL RULE: In the absence of a clear mandate of the law that it shall be applied retroactively, the law will only apply prospectively. 2. EXCEPTIONS- retroactivity can be applied: - When the law expressly provides for its retroactivity - When the law is curative or remedial in nature -when the law is procedural -When the law is penal in character and favourable to the accused. -When a substantive right is declared for the first time, unless vested rights are impaired. 3. A law that is penal in nature cannot be given retroactive effect if it is disadvantageous to the accused because it becomes an ex post facto law. However, if it is favourable to the accused, it is allowed provided the accused is not a habitual delinquent. E.g. People v. Patalin. Suspension of the death penalty by the 1987 Constitution. Death penalty cannot be imposed as punishment to offenders who committed capital offenses before 1987. Perforce, reimposition of death penalty in 1994 will not affect them. 4. A law cannot be given retroactive effect if it impairs vested rights provided by the old law. E.g. An illegitimate child born before the Family Code of 1988 took effect can still prove his Illegitimate filiation even the death of his father in 1992. E. Violation of Mandatory or Prohibitory Laws (Art. 5) 1. GENERAL RULE: Acts in violation of mandatory or prohibitory laws are void.

3 Mandatory laws- those which require something to be done. E.g. law requiring will be in writing Prohibitory laws- those which contains positive prohibition and requires that certain acts should not be done. E.g. law prohibiting the making of a joint will by 2 or more persons 2. Directory law- a law which leaves it optional with the department or officer to which it is addressed to obey it or not. Violation thereof does not render the act void or illegal. -Statute requiring the rendition of judgment within a specified time is merely directory. 3. EXCEPTION to the GENERAL RULE: - When the law makes the act not void but voidable. E.g. Marriage consent through fraud or intimidation makes the marriage merely voidable. - When the law makes the act valid, but the wrongdoer is subject to criminal liability. E.g. Widow marries before the 300 day period set by the RPC. She is criminally liable but her marriage is still valid. - When the law itself makes the act valid when it should have been void. E.g. Gambling is prohibited but certain forms of gambling are allowed by law. - When the law makes the act void, but recognizes some legal effects flowing therefrom. E.g. marriage with psychologically incapacitated partner is void but children from marriage are legitimate. F. Waiver of Rights (Art. 6) 1. GENERAL RULE: Rights may be waived. EXCEPTIONS: 2. Lapse of Law- if the law provides for a period within which it will be effective then, the lapse of the period stated will cause the death of such law w/o a need for repeal. -When the waiver is contrary to law, public order, public policy, morals or good customs -when the waiver is prejudicial to a third person with a right recognized by law. 2. Waiver- intentional relinquishment of a known right. Person must be capacitated to make a waiver. Right must already been in existence at the time waiver is made. 3. Rights that cannot be waive: -natural right to life -right which did not exist yet - renunciation of right which would violate public policy. 4. Agreement of husband and wife, separated de facto, that waive their right to sue each other for concubinage or adultery is void as it is against public policy. 5. a contract with the right to repurchase something containing a prohibition against selling the property to any other person except the heirs of the vendor is a retro null and void as it is contrary to law. 6. Waiver of inheritance is void because it is contrary to law. If inheritance has already accrued, the waiver may be valid except when it is done to prejudice a creditor. 7. Political rights cannot be a subject of a waiver. G. Repeal of Laws (Art. 7) 1. Laws are repealed either EXPRESSLY OR IMPLIEDLY. Express Repeal- Repeal literally declared in specific terms as where particular laws and provisions are identified and declared repeal. Implied repeal- when a new law contains provisions contrary to or inconsistent with those of a former without expressly repealing them.

4 3. The fact that the law has not been used anymore or that it has been violated more often, does not mean that it is already repealed. 4. When a law which EXPRESSLY repeals a prior law is itself repealed, the law first repealed shall not be revived unless expressly provided. When a laws which IMPLIEDLY repeals a prior law is itself repealed, the repeal of the repealing law revives the prior law unless the language of the repealing statute provides otherwise. 5. In case of conflict between the constitution and a statute, the constitution will prevail, it being the basic law of the land. 6. If only a portion of a statute is in conflict with the constitution, the courts may declare partial unconstitutionality of the said statue ONLY when the said portion is separable from the other provisions of the statute. GR: Where the part of a statute is void, while the other is valid, that valid portion, is separable from the invalid, may stand and be enforced. 7. Hierarchy of Laws: Constitution > laws and statutes enacted by congress> Administrative or Executive acts, orders and regulations formulated by administrative agencies 8. A law can be declared unconstitutional if: -its enactment is not within the legislative powers of Congress -arbitrary methods may have been established -the purpose or effect violates the Constitution H. Are Judicial Decisions Laws? 1. GENERAL RULE: Decisions of the Supreme Court applying or interpreting the laws or the Constitution form parts of our legal system. However, they are not considered laws as this would violate the principle of separation of powers. Judicial 1. GENERAL RULE: The judge is duty bound to render judgment even if the law is silent or obscure. Judge can apply any rule id he consider it fair and just i.e. Judge may apply customs and traditions, decisions of foreign court by analogy, opinions of highly qualified writers and professors, rules on statutory construction or principles laid down in analogous circumstances. decisions, however, are evidence of what the law mean that is why they form part of our legal system. Interpretation of laws by courts has the force and effect of law. 2. Only decisions of the SC establish jurisprudence or doctrines in the Philippines and therefore part of our legal system. Decisions of the subordinate courts are only persuasive in nature and have no mandatory effect. 3. When a doctrine of the SC is overruled and a different view adopted, the new doctrine shall be applied prospectively and should not apply to parties who had relied on the old doctrine and acted in the faith thereof. E.g. People v. Jabinal: Acquittal of the accused appointed as a secret confidential agent authorized to possess a firearm in 1964 pursuant to prevailing doctrine enunciated by the SC in two previous cases under which no criminal liability is attached despite absence of permit. This is so even if the SC in 1967 reversed the said doctrine enunciated in the two previous cases. Apiag v. Cantero: SC ruled that a judge who entered into a second marriage in 1986 without having his first marriage judicially declared void cannot be held administratively liable for immorality because the prevailing doctrine was still that of Odayat v. Amante where judicial nullity is not needed in a void marriage. The doctrine in the case of Wiegel v. Sempio Diy which declares the need of nullity of the previous marriage was not yet promulgated. 4. Judicial decisions may be abrogated by: - contrary ruling of the SC -corrective legislative acts of Congress I. Duty of Judge is Law is Silent (Art. 9)

5 1. If the law provides for a prescriptive period e.g. of ten years for bringing an action in court, the period shall start to run form the time the right of action accrues and the last day shall be on the 3,650th day after said date. 2. In computing a period, the first day shall be excluded and the last day excluded.

2. The role of the judiciary is to apply or interpret the law. However, with Article 9 of the Civil code, there are instances where the judiciary must legislate to fill in the gaps of the law. E.g. Floresca vs. Philex Mining Corporation. J. Interpretation of Laws (Art. 10) 1. Primary function of the judiciary is to apply the law. Where the law is clear, it must be applied. COURTS WILL INTERPRET THE LAW ONLY IF ITS PROVISIONS ARE AMBIGUOUS OR VAGUE. 2. If two possible interpretations arise, that which will achieve the ends desired by congress should be adopted. 3. Courts should not apply equity, if equity will not serve the end of justice.

3. When the last day of the period is a Sunday or a Holiday- depends upon the source of obligation: Ordinary contract- GR: an act is due even if the last day is a Sunday or a Holiday Period prescribed by the Rules of Court, by order of the court or any applicable stature- the last day will be the day after Sunday or legal holiday. M. Theories of Territoriality (Art. 14)

K. Customs (Art. 11 and 12) 1. Custom- rule of conduct formed by repetition of acts, uniformly observed and practiced as a social rule, legally binding and obligatory. A custom must be proved as a fact according to rules of evidence. Courts take no judicial notice of customs. Custom can only be applied by the court as a source of right in the absence of applicable law. Customs, if proven, cannot prevail over a statutory rule or even a legal rule by the SC. I.Computation of Periods (Art. 13) Years- 365 days Months- 30 days Days- 24 hours Night- sunset to sunrise

1. GENERAL RULE: Penal laws and those of public security and safety shall be obligatory upon those who live and sojourn in Philippine territory. 2. EXCEPTIONS: Principle of Public International law and to treaty of stipulations. 3. Diplomatic agents are immune from criminal jurisdiction of the receiving state. 4. Foreigner may also be exempted from coverage of out penal laws through treaty stipulations exempting him from jurisdiction of our courts. N. Nationality Theory (Art. 15) 1. A Filipino, wherever he may go, is governed by the laws of the Philippines relating to family rights and duties, status, condition and legal capacity. 2. Nationality theory applies not only to Filipinos living abroad but also to foreigners living here in the Philippines. O. Doctrine of Lex Rei Sitae (Art. 16)

6 1. GENERAL RULE: the law of the place where the contract was executed, determines the validity of the contract. THIS RULE, HOWEVER, APPLIES ONLY TO THE EXTRINSIC VALIDITY OF THE CONTRACT. 2. Even if the act be done abroad, if it is executed before Philippine diplomatic and consular offices, the solemnization of Philippine law shall be observed. 3. Our prohibitive law shall not be rendered ineffective by laws of foreign countries or judgment of a foreign court. E.g. A marriage between two Filipinos validly solemnized in the Philippines cannot be rendered ineffective by a judgment of a foreign court granting the divorce in favour of one spouse. Q. Suppletory Nature of the Civil Code (Art. 18) 1. GENERAL RULE: In case of conflict between a special law and a general law, the former prevails. Thus in case of a conflict between the Code of Commerce and the Civil Code, the former shall generally prevail. 2. There are instances when Civil Code expressly declare itself superior to special laws i.e. in Common Carriers (Art. 1766) and Insolvency (Art. 2237). 3. EXCEPTION- suppletory nature of the Civil Code E.g. Insurance Code is silent as to when a contract is perfected. The court applied the provision of the Civil Code which requires knowledge by the offeror of the acceptance. In case of deficiency of the Code of Commerce, the Civil Code will apply suppletorily. 4. Not all defiency in the Carriage of Goods by Sea Act can be supplied by the Civil Code.
E.g. Dole Philippines, Inc. v. Maritime Co. of the Philippines: the claim referred to in the Carriage of Goods by Sea Act is a formal judicial claim and not just an extrajudicial demand. Hence, the general provisions of the Civil Code (Art. 1155) cannot be made to apply as it would have the effect of extending the one-year period of prescription fixed by law thereby unnecessarily extending the period and delaying the settlement of questions affecting transportation.

1. Lex Rei Sitae- law of the place where the real property is located. Real property as well as personal properties are governed by the law of the country where the properties are located. E.g. Shares of stock in a corporation owned by foreigner, even if a personal property, can be taxed in the Philippines so long as property is located in this country (Wells Fargo Bank v. Collector of BIR) 2. Under the old Civil Code, the domiciliary law applies under the doctrine of mobilia sequuntur personam 3. Successional rights is exempted from the Lex Situs rule Art. 16 provides that the national law of the decedent governs the following: -order of succession -amount of successional rights - intrinsic validity of testamentary provisions 4. A foreigner residing in the Philippines cannot state in his last will and testament that his properties shall be disposed of in accordance with Philippine Law. It is his national law that shall govern. 5. Our Court, in settling the estate of a decease foreigner must apply his national law. Exception; Doctrine of Renvoi Problem- if the national law of the decedent refers the problem to the law of the h where decedent is domiciled. 6. Testate Estate of Amos Bellis v. Edward A. Bellis: The illegitimate children are not entitled to the will because they are not entitled to it under the national law of the decedent. Renvoi doctrine cannot be applied here since the decedent is both a citizen and a resident of Texas, USA. P. Lex Loci Celebraciones (Art. 17)