law 100 - course outline and notes

7/27/2019 Law 100 - Course Outline and Notes

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Course Outline and Notes: Persons and Family Relations

I. Introduction- Tolentino, Civil Code pp. 1-10 (1990 edition)

II. Effect and Application of Laws- Tolentino, Civil Code pp. 11-52 (Articles 1 to 13)

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New Civil Code, Articles 1 to 18

1

REPUBLIC ACT NO. 386

June 18, 1949

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

PRELIMINARY TITLE

CHAPTER 1

Effect and Application of Laws

ARTICLE 1. This Act shall be known as the “Civil Code of the Philippines.” (n)

ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in theOfficial Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.

ARTICLE 3. Ignorance of the law excuses no one from compliance therewith. (2)

ARTICLE 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, exceptwhen the law itself authorizes their validity. (4a)

ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals,or good customs, or prejudicial to a third person with a right recognized by law. (4a)

ARTICLE 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not beexcused by disuse, or custom or practice to the contrary.

When the courts declare a law to be inconsistent with the Constitution, the former shall be void and thelatter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the

laws or the Constitution. (5a)

ARTICLE 8. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legalsystem of the Philippines. (n)

ARTICLE 9. No judge or court shall decline to render judgment by reason of the silence, obscurity orinsufficiency of the laws. (6)



A.

When Law Takes Effect

1) New Civil Code, Article 2“ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in theOfficial Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.”

2) Revised Administrative Code (RAC) Sections 18 to 24

2

Executive Order No. 292

INSTITUTING THE“ADMINISTRATIVE CODE OF 1987″

CHAPTER 5OPERATION AND EFFECT OF LAWS

Section 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days following thecompletion of their publication in the Official Gazette or in a newspaper of general circulation, unless it isotherwise provided.

Section 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided.

Section 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law oradministrative issuance promulgated in all the official languages, the English text shall control, unlessotherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may beconsulted.

Section 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.

Section 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.

Section 23. Ignorance of the Law. - Ignorance of the law excuses no one from compliance therewith.

CHAPTER 6OFFICIAL GAZETTE

Section 24. Contents. - There shall be ublished in the Official Gazette all le islative acts and resolutions



3)

Executive Order 200, Section 2

4) See Case Digest: Tañada vs Tuvera 136 SCRA 275) See Case Digest: Fuentes vs Roca, GR No. 178902, April 21, 20106) See Case Digest: Commissioner vs Hypermix, GR No. 179579, February 1, 20127) See Case Digest: Dacudao vs Secretary, GR No. 188056, January 8, 2013

B. Ignorance of the Law1) New Civil Code, Article 3

“ARTICLE 3. Ignorance of the law excuses no one from compliance therewith.”

2) See Case Digest: Kasilag vs Rodriguez 69 Phil 2173) See Case Digest: Elegado vs Court of Appeals 173 SCRA 285

C. Retroactivity of Laws1) New Civil Code, Article 4

“ARTICLE 4. Laws shall have no retroactive effect, unless the contrary is provided.

- Cf. Articles 2252 – 2269 (below)

3

EXECUTIVE ORDER NO. 200 June 18, 1987

PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN ANEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR

EFFECTIVITY

Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the "Civil Code of the Philippines," and



TITLE XIX

Concurrence and Preference of Credits

CHAPTER 3

Order of Preference of Credits

Transitional Provisions

ARTICLE 2252 . Changes made and new provisions and rules laid down by this Code which may prejudice orimpair vested or acquired rights in accordance with the old legislation shall have no retroactive effect.

For the determination of the applicable law in cases which are not specified elsewhere in this Code, thefollowing articles shall be observed: (Pars. 1 and 2, Transitional Provisions).

ARTICLE 2253 . The Civil Code of 1889 and other previous laws shall govern rights originating, under saidlaws, from acts done or events which took place under their regime, even though this Code may regulatethem in a different manner, or may not recognize them. But if a right should be declared for the first time inthis Code, it shall be effective at once, even though the act or event which gives rise thereto may have beendone or ma have occurred under the rior le islation, rovided said new ri ht does not re udice or im air



5



Act No. 3815, s. 1930

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

PRELIMINARY ARTICLE

This law shall be known as “The Revised Penal Code.”

TITLE THREE

Penalties

CHAPTER ONE



2) Revised Penal Code, Article 22

3) Family Code, Article 256

4) See Case Digest: Simon vs Chan, GR No. 1575475) See Case Digest: Accenture vs Commissioner, GR No. 190102, July 11, 20126) See Case Digest: UP vs Dizon, GR No. 18112, August 23, 20127) See Case Digest: PERT.CPM vs Vinuya, GR No. 197528, September 5, 20128) See Case Digest: Francisco vs CA, GR No. 102330, November 25, 19989) Cf: Pesca vs Pesca, GR No. 136921, April 17, 2001

D. Mandatory or Prohibitory Laws1) New Civil Code, Article 5 with Article 17 (par. 3)

“ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, exceptwhen the law itself authorizes their validity. (4a)”

“ARTICLE 17. The forms and solemnities of contracts, wills, and other public instruments shall be governedby 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 thePhilippines in a foreign country, the solemnities established by Philippine laws shall be observed in theirexecution.

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 bydeterminations or conventions agreed upon in a foreign country. (11a)”

2) See Case Digest: Nerwin vs PNOC, GR No. 167057, April 11, 2012

E. Waiver of Rights1) New Civil Code, Article 6

“ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals,or good customs, or prejudicial to a third person with a right recognized by law. (4a)”

7

EXECUTIVE ORDER NO. 209

THE FAMILY CODE OF THE PHILIPPINES

July 6, 1987

TITLE XIIFINAL PROVISIONS



2)

New Civil Code, Article 2035

8



TITLE XIV

Compromises and Arbitrations

CHAPTER 1

Compromises

ARTICLE 2035 . No compromise upon the following questions shall be valid:

(1) The civil status of persons;

law 100 - course outline and notes

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