Introduction

Concept of Law
Rule of conduct, just,
obligatory, promulgated by
legitimate authority and of
common observance and
benefits. (1 Tolentino, Civil
Code)
 Concept of Civil Code
A collection of laws, which
regulates the private
relations of the members of
the civil society, determining
the prospective rights and
obligations, with reference to
persons, things and civil acts.
The Civil Code (R.A. 386)

Article 1. This Act shall be

known as the "Civil Code of
the Philippines."
 Sources:
■ Civil Code of Spain of 1889;
■ Civil Code of other countries;
■ Judicial Decisions of the Supreme Courts of
the Phils. and other countries;
■ Works of jurists and commentators;
■ Filipino customs and traditions; and
■ The Code Commission itself
Art. 2. Laws shall take effect after
fifteen days following the completion
of their publication in the Official
Gazette or in a newspaper of general
circulation in the Philippines, unless
it is otherwise provided. This Code
shall take effect one year after such
publication.
 Section 1 of E.O. 200
amendment:
“...or in a newspaper of
general circulation in
the Philippines”
When did the Civil Code take effect?

August 30, 1950

(one year after its
publication in the
Official Gazette)
When did the Family Code take
effect?

August 3, 1988, one

year after its
publication
 Computation of the 15-day period

This would depend upon the wordings of the law.

E.g. If the law declares that it shall become effective “15

days after its publication.” It means that its effectivity is
on the 15th day after such publication.

If it says, “This act shall take effect fifteen (15) days

FOLLOWING its publication in the Official Gazette or in
two (2) national newspapers of general circulation” it’s
effectivity is on the 16th day thereafter.
 Need for Publication
■ Goes into the due process clause;
■ Once published, people are presumed to
have knowledge of the law even if they
have not read it
■ The law may shorten the period of
publication, but the requirement of
publication is indispensable
■ Publication must be in full or it is no
publication at all
 Note…
The publication and the fifteen-day period
requirements are intended to enable the
people to become familiar with the statute.
They are necessary requirements, and no
one shall be charged with notice of the
statute’s provision until the said publication
is completed and the fifteen-day period has
expired. Publication must be in full or it is
not publication at all since its purpose is to
inform the public of its contents. (Tañada
vs. Tuvera, 146 SCRA 453 [1986])
 But…
Interpretative regulations and
those merely internal, regulating
only the personnel of the
administrative agency and not the
public, and need not be published.
(Tañada vs. Tuvera, 146 SCRA
453 [1986])
 Thus,
1. A law becomes effective on the date it so
provides.
2. If the law does not state its effective date,
take the publication date and count 15 days
after the publication date.
3. If the law says it takes effect immediately, it
becomes effective on the date of publication.
 “Laws”
■ All laws and statutes including those of
local application and private laws;
■ Presidential Decrees and Executive Orders;
■ Administrative Rules and Regulations if
their purpose is to enforce or implement
existing laws pursuant to a valid
delegation. Not if they are merely
interpretative or internal;
■ Supreme Court Decisions are not required
to be published. They are published in the
advanced reports and the SCRA
Art. 3. Ignorance of the
law excuses no one
from compliance
therewith.
 Rationale
If ignorance of the law is a valid
defense, then, anyone can evade
criminal and civil liability by
claiming he does not know the
law. It would create a chaotic
society. It would invite deception,
promote criminality.
Rule applies only to
local laws; foreign
laws must be
specifically pleaded.
Example: A case for
Recognition of Foreign
Judgment or Divorce
Effect if not proved or
pleaded: the Court will
presume that the foreign law
is the same as the domestic
or local law. This is the
doctrine of processual
presumption.
 But…

Mistakes in the application or

interpretation of difficult or
doubtful provisions of law may
be the basis of good faith (Art.
526, 2155 NCC)
Art. 4. Laws shall have no
retroactive effect, unless
the contrary is provided.
 What is a retroactive law?
A retroactive law is one that looks
backward or contemplates the past, which
is made to affect acts or transactions
occurring before it came into effect, or
rights already accrued, and which imparts
to them effects which were not inherent in
them as contemplated by law.
 General Rule
Prospective operation of law. All
statutes are to be considered as
having only a prospective
operation, unless the legislature
clearly intends to give them a
retroactive effect.
Exceptions to prospectivity of law

1. Penal laws favorable

to the accused.
 Exception to the aforementioned
exception

HABITUAL DELINQUENT:

A person is considered as a habitual delinquent

if within a period of 10 years from the date
of his last release or conviction of the
crimes of serious or less physical injuries,
and found guilty of any aforementioned crimes
a third time or more.
Exceptions to prospectivity of law

2. Remedial and
procedural statutes –
just like the recent amendments to the Rules
of Civil Procedure that took effect last
May 1, 2020
Exceptions to prospectivity of law

3. Special mandate of
the law
Exceptions to prospectivity of law

4. Statutes creating
new rights.
Exceptions to prospectivity of law

5. Curative statutes –
because the legislature has the power to pass
healing acts which do not impair obligations
of contracts
 But…

When the effect of the

statute, if given retroactive
effect, would affect vested
rights, the statutes will be
held to apply only to future
acts.
 The Constitution prohibits…
■ Ex post facto law – one that makes an
action done before the passing of the law,
and which was innocent when done,
criminal and punishes such an action; or
one which aggravates the crime, or which
alters the rule on evidence.
■ Bill of Attainder – a legislative act which
convicts persons of and punishes them, for
crimes without judicial trial.
Art. 5. Acts executed against
the provisions of mandatory
or prohibitory laws shall be
void, except when the law
itself authorizes their
validity.
Verba Legis or Plain Meaning Rule

It is a well-settled rule in
statutory construction that where
the words of a statute are clear,
plain, and free from ambiguity, it
must be given its literal meaning
and applied without attempted
interpretation.
 Example:
Marriage laws are mandatory and prohibitory,
such that if the marriage requires certain
essential requisites to be valid, they must be
followed. Likewise, if is contracted where one
of the parties is psychologically incapacitated
to perform the duties to the marriage bond,
the marriage is void (Art. 36, F.C.) but the
law recognizes as legitimate, the child born or
conceived out of such marriage, provided the
child is born prior to the declaration of nullity
of the marriage. Further, the F.C. also
provides that “No decree of legal separation
shall be based upon a stipulation of facts or a
confession of judgment.”
Art. 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.
Definition of waiver of rights

Relinquishment or refusal
of a known right with both
knowledge of its existence
and an intention to
relinquish it.
 Note:

Future inheritance cannot

be waived specially if this is
intended to prejudice
creditors.
 Examples:

Defenses in criminal
and civil cases
Example of a waiver that is contrary to
public policy

A student was granted scholarship but

he has to agree not to transfer to another
school, unless he would refund all benefits
he derived out of the scholarship.
In the case of Cui vs. Arellano
University (L-15127, May 30, 1961), the
Supreme Court said that this waiver of
right is void in accordance with Art. 6 of
the Civil Code.
 Another example:
Political rights cannot be the
subject of waiver. If a candidate
for mayor agrees to split his term
with the vice mayor to prevent
him from running against him, the
contract is void by reason of
public policy.
Art. 7. Laws are repealed only by
subsequent ones, and their violation or
non-observance shall not be excused by
disuse, or custom or practice to the
contrary.
When the courts declared a law to be
inconsistent with the Constitution, the
former shall be void and the latter shall
govern.
Administrative or executive acts, orders
and regulations shall be valid only when
they are not contrary to the laws or the
Constitution.
 What is repeal of law?
Repeal of a law is the legislative act of
abrogating through a subsequent law the
effects of a previous statute or portions
thereof. Repeal is either express or
implied. An implied repeal takes place
when a new law contains provisions
contrary to or inconsistent with those of a
former without expressly repealing them.
 Note:

Implied repeal is not

favored
 Note:
When a law which expressly
repeals a prior law is itself
repealed, the first law repealed
shall not be revived unless
expressly provided by the
repealing law. (US vs. Soliman, 36
Phil. 5)
 Note:
In order to effect a repeal by implication,
the latter statute must be so irreconcilably
inconsistent and repugnant with the existing
law that they cannot be made to reconcile
and stand together. The clearest case
possible must be made before the inference
of implied repeal may be drawn, for
inconsistency is never presumed. (Agujetas
vs. Court of Appeals, 261 SCRA 17 [1996])
 Note:

Interpretare et
concordare lequibus est
optimus interpretendi
 Meaning:

Every statute must be so

interpreted and brought
into accord with other
laws as to form a uniform
system of jurisprudence.
Art. 8. Judicial decisions
applying or interpreting
the laws or the
Constitution shall form a
part of the legal system of
the Philippines.
 The principle of
stare decisis
enjoins adherence to
judicial precedents.
 Interpretation of the
law is within the office
of the Judiciary
Doctrine refers only to
Supreme Court
decisions
Important rule in the interpretation of the
law

Intention of the lawmakers

should be considered.
Intention is found “not in
the letter that killeth
but in the spirit that
giveth life”.
Art. 9. No judge or court
shall decline to render
judgment by reason of the
silence, obscurity or
insufficiency of the laws.
People vs. Veneracion, 24
SCRA 247 “ x x x government of
laws and not of men excludes the
exercise of broad discretionary
powers by those acting under its
authority x x x”
 Note:
R.A. 9346 An Act Prohibiting The
Imposition Of Death Penalty In
The Philippines took effect on
June 24, 2006.
 Note:
Art. 9 of the CC is a recognition by the
legislature that in certain instances, the
court, in the language of Justice Holmes,
“do and must legislate” to fill in the gaps in
the law, because the mind of the legislature,
like all human beings, is finite and therefore,
cannot envisage all possible cases to which
the law may apply. Nor has the human mind
the infinite capacity to anticipate all
situations.
Art. 10. In case of doubt in
the interpretation or
application of laws, it is
presumed that the lawmaking
body intended right and
justice to prevail.
Dura lex sed lex
 Example:

Adoption statutes, being

humane, should be liberally
construed to carry out the
beneficent purposes of
adoption.
Art. 11. Customs which are
contrary to law, public order
or public policy shall not be
countenanced.

Art. 12. A custom must be

proved as a fact, according to
the rules of evidence.
In order that custom may be considered as
a source of right…
■ Plurality of acts;
■ Uniformity of acts;
■ General practice by a great mass of people
■ General conviction that it is the proper rule of
conduct
■ Continued practice for a long period of time
■ Conformity with laws, morals and public
policy
Art. 13. When the laws speak of years,
months, days or nights, it shall be
understood that years are of three
hundred sixty-five days each; months, of
thirty days; days, of twenty-four hours;
and nights from sunset to sunrise.
If months are designated by their name,
they shall be computed by the number of
days which they respectively have.
In computing a period, the first day shall
be excluded, and the last day included.

(But note…)
 But note…

■ Section 31, Chap. VIII, Book 1 of

the Administrative Code of 1987,
a year shall be understood as
12 calendar months.

■ This governs as it is the more

recent law.
 Thus,

■ A year shall be understood as 12

calendar months.
■ Months are 30 days unless
designated by their names
■ Days are 24 hours

■ Nights are from sunset to sunrise

 National Marketing Corp. vs. Miguel D.
Tecson, et. al., L-29131, Aug. 27, 1969

When the law prescribes a period, say, a

period of prescription of ten years, this is
understood to mean ten times 365 days or a
total of 3,650 days. For example, ten years
after September 12, 2007 would not be
September 12, 2017 but September 9, 2017.
This is because 2008, 2012 and 2016 are leap
years, having 366 days each.
De Chavez vs. Ocampo Buenafe, 66 Phil. 76

If the last day for submitting a

pleading is today, and at 11:40 p.m.
after office hours today, it is filed, the
Supreme Court has held that it is
properly filed on time because a day
consists of 24 hours.
 It is important to note…

In computing a period, the

first day shall be excluded,
and the last day included.
 Examples:

Summons
Appeals (civil and
criminal cases, labor
cases)
 Problem:
ABC Corporation filed a suit against XYZ
Partnership. The summons was served
on the latter last July 20, 2021. Until
when can XYZ still file its Answer?
Otherwise stated, when will the 30-day
period to file the Answer lapse?
(Note: Rule 11, Section 1 of the
amendments to the 1997 Rules of Civil
Procedure which became effective last
May 1, 2020)
Comment your answer
on the chat box.
Administrative Circular 56-2021
re Court Operations from
August 2-20, 2021
Art. 14. Penal laws and those of
public security and safety shall be
obligatory upon all who live or
sojourn in the Philippine territory,
subject to the principles of public
international law and to treaty
stipulations.
 Illustration:
Rape committed by an American citizen

- versus -

Rape committed by an American

ambassador (It is a well-accepted
principle of international law and
treaty stipulations that ambassadors
are granted diplomatic immunities)
Remedy?
Exterritoriality - fiction in
international law by virtue of
which certain foreign persons and
their things are exempted from
the jurisdiction of the state on the
theory that they form an
extension of the territory of their
own state (based on practice and
without treaty)
Extraterritoriality - exemption
that exists by virtue of a treaty
Art. 15. Laws relating to
family rights and duties,
or to the status, condition
and legal capacity of
persons are binding upon
citizens of the Philippines,
even though living
abroad.
This is the principle
of NATIONALITY
RULE
 Note:
Wherever a Filipino is, the
Philippine laws govern him with
respect to his family rights and
duties, status, condition and legal
capacity. This is true even if he is
living abroad.
 Example:
An absolute divorce granted Filipinos
abroad, even if valid where given,
cannot be given effect in the Philippines.

However, in some instances, our courts

have recognized divorce, and the second
paragraph of Art. 26 F.C. specifically
recognized divorce in mixed marriages.
Alice Reyes Van Dorn vs. Hon.
Manuel V. Romillo Jr. et. al.,
139 SCRA 139 held that an
absolute divorce granted by a
US court between a Filipina
wife and American husband is
binding upon the latter.
Art. 26. All marriages solemnized outside the
Philippines in accordance with the laws in
force in the country where they were
solemnized, and valid there as such, shall also
be valid in this country, except those
prohibited under Arts. 35 (1), (4), (5), (6), 36,
37 and 38.
Where a marriage between a Filipino
citizen and a foreigner is validly
celebrated and a divorce is thereafter
validly obtained abroad by the alien
spouse capacitating him or her to
remarry, the Filipino spouse shall have
the capacity to remarry under Philippine
law. (As amended by E.O. No. 227)
 Background of par. 2, Art. 26
■ Philippine law does not provide for
absolute divorce
■ A divorce obtained abroad by a couple,
who are both aliens, may be recognized in
the Philippines. But this must be proved
as a fact according to the rules on
evidence as our courts do not take judicial
notice of foreign laws
 Con’t...
■ The Court, in Pilapil vs. Ibay-Somera (174
SCRA 653), recognized the divorce obtained
by the respondent in his country and said
that due to that divorce decree, he can no
longer prosecute his wife for adultery as the
marriage bond has already been severed.
■ If commenced by the Filipino spouse, the
article does not apply because of the
restrictive nature of Philippine laws on
marriage.
 Con’t...
■ The ruling of the Supreme Court was
unanimous in the case of CIPRIANO
ORBECIDO III. holding that paragraph 2
of Article 26 of the Family Code (E.O. No.
209, as amended by E.O. No. 227), should
be interpreted to allow a Filipino citizen,
who has been divorced by a spouse who
had acquired foreign citizenship and
remarried, also to remarry.