discussion on person art 1-53

7/31/2019 Discussion on Person Art 1-53

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CLASS DISCUSSION

A. Introduction

LAW as understood, we adopt Thomas Aquinas,ordinance of wisdom promulgated by competent authorityfor the common good.

I. Element of a valid Law1. For a law to be law, it must be reasonable. It is

germane to the purpose of the law, when it

addresses the need of the people. It must have apurpose. It is subject of the interpretation of thecourts. There must be a connection of the law withthe purpose of its enactment.

2. For a law to be law, it must be promulgated. Itmust be made known to the subject, or to the groupof individuals who are required to obey.

3. For a law to be law, should be promulgated not

just by anyone but by the one who is authorizedand competent to promulgate laws. Competentbodies, President, Congress, Administrative bodies,Local legislative bodies, etc.

4. It must be intended for the common good. Itmust apply to all subjects similarly situated.

II. Two (2) Classifications of Law:

1. Civil deals with the personal and familyrelations of the individual. It deals with laws thatregulate the relations between members ofthe community.


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2. Political deals with laws that govern therelationship of an individual with thestate/government.


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III. Primary Sources of Civil Law

1. Civil Code of the Philippines divided into 4 majorbooks: Persons; Property, Ownership and

modifications; Modes of Acquiring Ownership;Obligations and Contracts

2. The Family Code of the Philippines

B.Effects and Publication of Law

Laws shall take after 15 days following the completionof the publication on the Official Gazette unless otherwise

provided.

I. Discussion:

1. If a law is silent of the effectivity period, it meansthat it should take effect after 15 days unless if itsshortened or lengthened with a specific period.Tanada Vs. Tuvera (For a law to be valid,

publication is indispensable).2. Amended by Executive Order No. 200 whichstates that other than the official gazette,publication in the newspaper of general circulationis necessary.3. Unless otherwise provided refers to the periodin which the law takes effect after publication.

Case Study: Philippines Veterans Bank vs Vega - thebank was placed in a liquidation (assets aredistributed to creditors); RA 7169 mandatingthe rehabilitation (restoration) of the bankwhich is opposite to the liquidation. These are


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inconsistent proceedings, and both cant workat the same time. Central Bank & Liquidatorargument, when RA 7169 took effect, it tookeffectMarch 10, 1992, invoking the provision

of the Article 2. However RA 7169, it was statedthat this will take effect upon the approvaland signing of the president which wasJanuary 2, 1992. Even if publication isindispensable, it was published on February24, 1992. (Law took effect at the time it wassign, effective immediately, deemed effectiveon the day it was published)

Later Law supersedes the previous. Theprevailing law should be the later one, it ispresumed (Article 7, NCC Laws are repealedonly by subsequent ones.). Also applicablewith Judicial decisions.

II. Ruling Doctrine

1. Tanada vs Tuvera still the prevailing. Article 8,Par. 4 Subparagraph 3 of the Constitution; adoctrine laid down by the SC with en banc, thiscan only be superseded by a doctrine laid withen banc. This case was decided by en banc. In thecase ofPhilippines Veterans Bank vs Vega, thecase was decided by SC by in sitting divisions.

2. Decision laid down in Phil. Veterans Bank is more ofan Obiter Dictum its just part of the decisionbut is never determinative of the issue of thecase. These are statements which are notnecessary for the resolution of the case. It has no


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binding force and effect of law, it doesntsettle issue, it has been rendered even thoughtthe issue wasnt raised.

3. RA 7169 was never really deemed as invalidbecause of lack of publication because it wasactually published. Issue was on the effect ofeffectivity. Publication was never raised as anissue.

4. Stare Decisis doctrine laid down in the case thataddresses the issue in the case; serve as lawthat serves as binding to SC in future decisionsconcerning similar issue.

III. Requirement of Publication:

1. Statutes laws enacted by the Congress/

Legislature which requires publication for it to bevalid

2. Presidential Issuance PDs EOs PPs PM PC3. It covers also Rules and Regulations

promulgated by Administrative Bodies theyalso have lawmaking power. Legislative power canbe delegated by Congress to these AdministrativeBodies.

eg.Philippine International Trading Corporationvs Judge Angeles


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It was given the authority to handle import/exporttrading transactions in the Philippines, under a law.PITC promulgated AO, required any/all merchants orbusiness who wishes to import from People of China

should submit a viable export product program.

Ruling: PITC has the power to promulgate the AO, toimplement an existing law. It is valid since it waspromulgated by a competent body (PITC). Howeverit is void since it wasnt published.Administrative rules and Regulations must also bepublished if their purpose is to enforce or

implement existing law pursuant also to avalid delegation.

a. Are all Rules & Regulations needs to bepublished?It depends. General Rule: Required to bepublished.

Exception, if that rules and regulations iswith regard to internal affairs only just togovern the office not affecting the publicinterest it need not be published;Interpretative Rule & Regulation whichmerely clarifies an existing law, just aninterpretation and does not institute to rulemaking (Victoria Milling Corporation vs.

SSS) publication is not needed.

4. Judicial Decisions not laws but by virtue ofArticle 8, it is part of the legal system, it havethe force and effect of law. (Feliza de Roy vs. CA).It initiated a rule, motion for extension of motion for


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reconsideration was denied, based on theJavaluyas Enterprise Inc vs Japson (noextension for the motion for reconsideration) thiswasnt published. This needs to be published but

not on the OG or newspaper, only on SCRAsand law journals.

5. Local ordinances they are to be published butnot on OG or newspaper of general circulation,only on the municipalities bulletins, 3conspicuous places in the locality. Local Gov.Code, Art. 59 takes effect 10days after posting

on bulletin board of entrance of capitols, cityhalls, barangays.

C.Ignorance of Law

I. Facts

1. The main purpose for the publication for thepeople to be aware of the law, andignorance cant be used as a defense.Ignorance doesnt excuse from compliance of thelaw which has been duly published. Ignorance ofthe law is not a defense, but Ignorance of thefact can be used as a defense.

2. When the law is published, it is aconstructive presumption that people knewthe law through its publication.

3. Foreign law is a question of fact. It needs tohave evidence.


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4. Processual Presumption: if the foreignlaw is not clear, it will be presumed that it is the

same with our law. If the foreign law is notproperly alleged and proved, the presumption isthat it is the same as our law. (Yao Kie vs AidaGonzales)

D. Prospective Application of LawArticle 4 NCC Laws shall have no retroactive effect

(imposes new obligation, creates new right and liabilitieson acts and transactions already passed; to avoid gravemiscarriage of justice for persons will be punished forviolations of laws which still not in effect)

I. Exceptions:1. When the law itself expresses that it willhave a retroactive effect. This cant beapplied to an ex post facto makes an act

criminal when it was not penalize yet when it wascommitted.

2. When the law involves a penal law it mustbe retroactive favorable to the accused.(People vs. Patalin)

The accused is a habitual delinquent within

10yrs that the accused has been convicted of thesame case thrice or more. (estafa) Rodriguezvs. Director of Prisons


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II. Exceptions to the Exceptions (Favorable but cannotbe given a retroactive effect)

1. The law itself provides that it should not be given

retroactive effect. Larga vs. Ranada

2. The accused himself ignores that law andinvokes the old law, no retroactive effect.Ferrer Vs. Pecson

3. If the law involves procedural/remedial in nature.Laws are substantive when it refers to lawwhich creates rights; remedial provides forcertain procedure to the enforcement ofrights created by the substantive laws. (e.g.Rules of Court).

Tayag vs. Court of Appeals to compel a

status for recognition of an illegitimatechild. New -Art. 175 (TFC), the action has beenalready prescribed since supposedly the action tocompel for recognition must be made while thepunitive father was still alive. When the fatherdied, the Civil Code still existing. Old -Art. 285(TCC), the minor child can still ask for arecognition until 4yrs after the majority of the

child even if the father already died. (May not begiven retroactive effect when it will prejudice thevested rights of the child)

Municipality of Coron vs Carino The courtwas in favor of the municipality against the


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squatters, however the squatters were asked topresent all the records to CA but failed to do sountil there was a new rule/procedural law indispensing the requirement for records of appeal,

and then they now appealed however the courtsaid that the procedural law cant have aretroactive effect since the case alreadyhave a finality of judgment theres no casealready.

4. If the law is curative in nature Raul Leeclaimed that Frivaldo only got the repatriation. SC

ruled that the qualification of candidacy whichhas to be a Filipino citizen on the date that theofficer will assumed the office. The filing of therepatriation must be the basis for the date thatthe individual already assumed the citizenship.Repatriation law took effect means of acquiringFilipino citizenship, easier less costly proceduremeant to solve the injustice. (Frivaldo vs

COMELEC)

5. Judicial decisions shall have prospectivity. Banksold the property of Pe to a third party since itwas already foreclosed. Act No. 141, within 5yrsto reacquire a property that has been sold to athird party. (DBP Vs. CA) Belisario ruling, within1yr of redemption of the property. When the

property is foreclosed, the mortgager will have6yrs all in all to reacquire the property. SC ruledthat Belisario ruling cant be applied since themortgage; foreclosure took place before theBelisario came out.


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E. Laws are repealed by subsequent ones Article 7

I. Types1. Express stated2. Implied doesnt not express, however it is

inconsistent with the previous law and repealing allthe previous laws.

II. RuleWhen the law is repealed, means that its thecontrolling law.

General Rule repealing law operates as of thetime that the repealing law takes effect so it doesundo the effects of the old law before the old lawwas repealed by the repealing law.


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Exceptions:1. When the laws are involves is in penal nature,

and the repeal is absolute and total effectis the repealing law have abrogated the

previous law. The Anti-Subversion RA 1700,membership of a communist party (subversiveorganization) is a crime, however it wasamended that is no longer a crime. (Peoplevs. Pimentel)

2. When the repealing law provides for a savingclause. Part of the law that stipulates a

provision that its saving a previous provision ofthe old law. Revised Anti-Subversion Lawabrogated the RA 1700; it contains a savingclause that it should not cover cases oractions that are pending when the formertook effect. (Bernarbi Boscayno vs.Military Commission)

3. When the repealing law is a re-enactedstatue. A repealing law that repeals the oldlaw however it adopts or carries over the oldlaw that it repeals. (People Vs.Concepcion contains the same prohibitiondisallowing officers of PNB to loan.)

F. What is the effect if the law is deemed asunconstitutional:

Void / Unconstitutional law is no law at all so itproduces no legal effect old


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Declaration of unconstitutional law does notmake it ineffective because it has legaleffects before it was declaredunconstitutional -new

Doctrine of Operative Fact Case involves adebtor who happened to have a loan, victims ofthe war have the rights not to pay their debts.

The Moratorium law was deemedunconstitutional, however, in this case the debtorstill had the time to cope up with his remainingbalance when the law was still in effect. The

petitioner is still liable. (De Agbayani Vs. PNB)

G.Period

In filing a pleading, with regards to counting period,first day should be excluded and last dayshould be included, however if the last day of

pleading falls on a holiday, Sunday orSaturday, the last day should be counted onthe next working day which is Monday.

In sending a pleading thru mail i.e, post office, thedate of the sending would be the basis for thedate of filing, since post office is a publicentity which connects with the court.

In sending a pleading thru a private courier i.e, LBC,the last day of prescription should really befollowed. It must get into the court on time.


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If petition is for a criminal case, and the lastday is on a Saturday,Sunday or Holiday, thelast dayis before that since it is a general rulethat the accused is always favored in a

criminal case.

If 10days it is presumed it means workingdays

H. Principle of Territoriality

1. Principle of Generality of Penal Laws Article 14 of theNCCExceptions: Immunity Statutes (diplomats)

2. Principle of Territoriality of Penal Laws - Article 2, RPC

Two Concepts:

Objective when the crime started in thePhilippines but completed outside (PeopleVs. Tulin)

Subjective when the crime started outsidebut completed in the Philippines(US Vs.Bull)

Exceptions to Territoriality:

When the crime is committed on ourPhilippine ship (extension of Phil. Territory)

Crimes involving forgery, notes and currency this involves the government interest

Guilty of introduction of forged currency smuggling of Phil. Coins


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Crimes committed by Philippine official whileexercising his duty

Crimes against the state and nation

I. Legal Capacity Article 15, NCC - Nationality

Laws relating to family rights and duties, status,condition and legal capacity of persons are bindingupon citizens of the Philippines, even though livingabroad. (Van Dorm vs Romillo and Pilapil vs Ibay-Somera)

Divorce is not acceptable in the Philippines. SCruled that the purpose of the petition is not aboutthe divorce; its purpose is for protecting her interestin the conjugal partnership. And if pertaining todivorce, both Mr. & Mrs. Recto are US citizenshipand divorce is valid. (Recto Vs. Harden)

Article 17, 3rd paragraph: When a certain actconsidered is legal under the laws of foreigncountry, however if its against public policy andpublic interest. Theres no actual case with regardsto the conflict of these two provisions that wassettled.

General Rule: Governed by the national law of theperson involve Exceptions of Nationality Theory

Legal capacity in contracts involving properties (realor personal) is to be determined not by thenationality of the person but by the place where it is


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Ordinary contracts in Lex Rei Sitae dont coverproperty.

2nd paragraph of Article 16:

Intrinsic validity of the will is governed by thenational law of decedent.

Capacity of the heir should be governed by thenational law of decedent.

Extrinsic (forms and solemnities of the will)should be governed by the law of where thecontract is executed. Lex Loci Celebrationis,Article 17.

Capacity of the testator to make the will issubsumed in the extrinsic, Lex Loci Celebrationis,Article 17. Should be governed by the placewhere the contract is executed.

So an intrinsic can be valid while extrinsicallyinvalid or the other way around.


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If the intrinsic validity wont be based on these:

Law of the place in a country which law islikely to be valid for its execution.

Liberalities Principle parties may enter intoany kind of contract so long as its notcontrary to law.

Renvoi if it arises of law conflict foreignelement is involve, took place in more thancountry, like the execution, making of thecontract, where its going to be executed. Itarises when there is a doubt what law toapply. (Edward Christensen Vs. Aznar)

Solutions to Renvoi:

The court where the place ispending shall accept the referringback of the issue, in which case, itapplies the internal law of thePhilippines. Courts should enjoy thereferring back. Ruling of Aznar

The court may reject the referringback and apply instead the internallaw of the foreign country.

discussion on person art 1-53

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