PERSONS AND FAMILY REVIEWER

ARTICLE 2. EFFECTIVITY OF THE LAWS

LAWS SHALL TAKE EFFECT AFTER FIFTEEN DAYS
FOLLOWING THE COMPLETION OF THEIR
PUBLICATION EITHER IN THE OFFICIAL GAZETTE
OF GENERAL CIRCULATION OF NEWSPAPER IN
THE PHILIPPINES UNLESS PROVIDED BY LAW
When law takes effect:
GENERAL RULE: 15 days after completion of
publication in OG or newspaper of general
circulation.
EXCEPTION: the law can provide for its own fate of
effectivity.
PURPOSE: The people are deemed to have
conclusively been notified of the law even if they
have not read them.
COVERED BY THE PUBLICATION REQUIREMENTS
PD
EO
ADMINISTRATIVE RULES AND
REGULATIONS
NOT COVERED BY THE REQUIREMENT OF
PUBLICATION
INTERPRETATIVE REGUALTIONS AND
THOSE ADMINISTRATIVE REGULATIONS
INTERNAL IN NATURE
LETTERS OF INSTRUCTIONS
MUNICIPAL ORDINANCE
TANADA VS TUVERA
That without publication there can be no
effectivity. Article 2 does not preclude the
requirement of publication in the Official Gazette
even if the law itself provides for date of its
effectivity.


ARTICLE 3. IGNORANCE OF THE LAW
IGNORANCE OF THE LAW EXCUSES NO ONE FROM
COMPLIANCE THEREWITH.

KASILAG VS RODRIGUEZ
The CC of the Philippines provides that every
person who is unaware of any law in his title or in
its manner of its acquisition by which is invalidated
shall be deemed a possessor in good faith

CONSUNJI VS CA
The application of article 3 is limited to mandatory
and prohibitory laws. This maybe deduced from
the language of the provisions, which
notwithstanding a persons ignorance does not
excuses his/her compliance therewith.

ARTICLE 4 RETROACTIVITY
LAWS SHALL HAVE NO RETROACTIVE EFFECT,
UNLESS THE CONTRARY IS PROVIDED
GENERAL RULE: Laws are not retroactive
EXCEPTION:
Penal laws favorable to the accused
Interpretative statutes
When the law expressly provides
Remedial statutes
Curative statutes
Emergency laws
Laws creating new rights

EXCEPTION TO THE EXCEPTION
EX POST FACTO LAW
WHEN RETROACTIVITY IMPAIRS
THE OBLIGATION OF CONTRACT
ARUEGO VS CA
THE present law cannot be given retroactive effect
on so far as the instant case is concerned , as its
application will prejudice the vested right of
private respondent to have her case decided under
the article 285 of the CC


ARTICLE 5 MANDATORY AND PROHIBATORY
LAWS
ACTS EXECUTED AGAINST THE PROVION OF
MANDATORY OR PROHIBITORY LAWS SHALL BE
VOID, EXCEPT WHEN THE LAW ITSELF
AUTHORIZE THEIR VALIDITY

GENERAL RUULE: ACTS violating Mandatory or
Prohibitory laws are void
EXCEPTION
When law itself authorize their validity
When law makes the act only voidable
and not void
When law makes the act valid but
punishes the violator

BREHM VS REPUBLIC
THE following cannot adopt non residential aliens.
It is therefore mandatory because it contains words
of positive prohibition and is couched in negative
terms importing he act required shall not be done
otherwise than designated.


ARTICLE 7 REPEAL OF LAWS
LAWS ARE REPEALED ONLY BY SUBSEQUENT
ONES, AND THEIR VIOLATION OR NON
OBSERVANCE SHALL NOT BE EXCUSED BY
DISUSE, OR CUSTOM OR PRACTICE TO CONTRARY
THE LAWS ARE INCONSISTENT TO THE
CONSTITUTION THE LATTER SHALL GOVERN
OTHER LAWS WHEN THEY ARE NOT CONTRARY
TO LAWS OR THE CONSTITUTION ARE VALID

REPEAL OF LAWS
1. Express repeal-repeal of repealing law
will not revive the old laws
2. Implied repeal- he provisions of the
subsequent law are incompatible with
those of the previous law.
ARTICLE 8 JUDCIAL DECISIONS APPLYING OR
INTERPRETING THE LAWS OR THE
CONSTITUTION SHALL FORM A PART OF THE
LEGAL SYSTEM OF THE PHILIPPINES

PEOPLE VS JABINAL
Defendant was acquitted for he was appointed as a
secret agent and confidential agent. Decision of this
court under article 8 of the NCC states that Judicial
decision interpreting the laws of the constitution
shall for part of the legal system.

ARTICLE 9-12 APPLICABILITY OF CUSTOM
CUSTOMS: are rules of conduct formed by
repetition of acts uniformly observed as a social
rule, legally binding and obligatory.


REQUISITES FOR MAKING CUSTOM AN
OBLIGATORY RULE
Plurality of acts or acts have been
repeatedly done
Generally practiced by the great mass of
the social group
The community accepts it as a proper way
of acting such that it is considered
obligatory upon all.
The practice has been going on for a long
period of time.

MARTINEZ VS VAN BUSKIRK
The manner of the cochero described on the day of
the accident was indeed customary. As article 11 of
the CC states that customs which are contrary to
law or public policy shall not be countenanced. And
Art 12 states that custom must be proved as a fact
according to the rules of evidence.

ARTICLE 13 PERIODS
WHEN THE LAWS SPEAK OF YEARS, MONTHS,
DAYS OR NIGHTS, IT SHALL BE UNDERSTOOD
THAT YEARS ARE OF 365 DAYS EACH; MONTHS
OF 30 DAYS; DAYS OF 24HRS; 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.

ARMIGOS VS CA
The appeal was filed out of time. The rule stated in
Article 13 of the CC to the effect that in computing a
period the first day should be excluded and the last
day included.

NAMARCO VS TECSON
When the law speaks of years pertains to calendar
years as per statutory construction, there is no
question whether it is not a leap year.

US vs TIQUI
Paragraph one of the art 13 provides that a day
shall always be understood to consist of 24 hrs, it
follows that the period allowed would not be 15
complete days were the day in question that is the
day of the publication of the judgement to be
included in the computation.

LEX
NATIONALIS
LEX RAE
SITAE
LEX LOCI
CELEBROTIONIS
ART 15 ART 16 ART 17
BASIS:
CITIZENSHIP
BASIS; law of
the place
where the
property is
situated
BASIS: law of
the place where
the contract was
executed
COVERS:
family rights
and duties
status,
condition, and
legal capacity
COVERS : real
and personal
property
COVERS: only
forms and
solemnities
(extrinsic
validity)
EXCEPTION:
Article 26
para 2 FC
EXCEPTIONS
Capacity to
succeed
Intrinsic
validity of the
will
Amount of
successional
rights
Order of
succession
EXCEPTIONS
Article 26 para 1
of FC
Intrinsic validity
of contracts

ARTICLE 15 NATIONALITY PRINCIPLE
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.

IBANEZ DE ALDECOA VS HSB
The concurring opinion assumes their Spanish
Citizenship and hence their amenability to the laws
of Spain. The admirable beliefs of counsel for the
defendant bank contain lengthy and stray
arguments to the effect that these children are not
citizen of the Philippines.

INSULAR GOVERNMENT VS FRANK
The defendants claims that he was an adult when
he left Chicago but was a minor when he arrived at
Manila is not tenable. Art 15 of the CC regardless
family rights and duties or the status condition and
legal capacity of persons are only binding upon
citizens of the Philippines

ARTICLE 16 TESTAMENTARY SUCCESSION
REAL PROPERTY AS WELL AS PERSONAL
PROPERTY IS SUBJECT TO THE LAW OF HE
COUNTRY WHERE IT IS SITUATED
HOWEVER, INTESTATE AND TESTAMENTARY
SUCCESSIOS, BOTH WITH RESPECT TO THE
ORDER OF SUCCESSION AND TO THE AMOUNT OF
SUCCESSIONAL RIGHTS AND TO THE INTRINSIC
VALIDITY OF TESTAMENTARY PROVISIONS,
SHALL BE REGUALTED BY THE NATIONAL LAW
OF THE PERSON WHOSE SUCCESSION IS UNDER
CONSIDERATION, WHATEVER MAY BE THE
NATURE OF THE PROPERTY AND REGARDLES OF
THE COUNTRY WHEREIN SAID PROPERTY MAY
BE FOUND

BELLIS VS BELLIS
The children are not entitled to their legitimes
according to the Texas law.

CHRISTENSEN VS CHRISTENSEN
The court decide to grant more successional right
to Helen. The application of this article in the case
at bar requisites the determination of meaning of
the term national law is use therein. There are to
rules in California on the matter. The second is the
conflict of rule which should apply to California
domiciled outside of California.


ARTICLE 19-21
19: EVERY PERSON MUST IN THE EXERCISE OF
HIS RIGHTS AND IN THE PERFORMANCE OF HIS
DUTIES ACT WITH JUSTICE GUVE EVERYONE HIS
DUE AND OBSERVE HIS HONESTY AND GOOD
FAITH
20: EVERY PERSON WHO CONTRARY TO LAW,
WILLFULLY OR NEGLIGENTLY CAUSES DAMAGE
TO ANOTHER, SHALL INDEMNIFY THE LATTER
FOR THE SAME.
21: ANY PERSON WHO WILLFULLY CAUSES LOSS
OR INJURY TO ANOTHER IN A MANNER THAT IS
CONTRARY TO MORALS, GOOD CUSTOMS, OR
PUBLIC POLICY SHALL COMPENSATE THE
LATTER FOR DAMAGES.

PRINCIPLE OF ABUSE OF RIGHTS-When the right is
exercise for the purpose of prejudicing or injuring
another
REQUISITES:
There is a legal right or duty
Which is exercised in bad faith
For the sole intent of prejudicing or
injuring another
DOCTIRNE OF VOLENTI NON FIT INJURIA(to which
person assents is not esteemed in law as injury)
Pertains to self-inflicted injuries or to the consent
to injury which precludes the recovery of damages
by one who has knowingly and voluntarily exposed
himself to danger, even if he is not negligent in
doing so.

ACTS CONTRA BONUS MORES
Presupposes loss or injury, material or otherwise,
which one may differ as a result of such violation.
ELEMENTS:
There is an act which is legal
But which is contrary to morals, good
customs, public order, or public policy.
And it is done with intent to injure

ACCION IN REM VERSO
Action for recovery of what has been paid without
just cause.
REQUISITES:
DEefendant has been enriched
Plaintiff suffered a loss
Enrichment of defendant is without just
or legal ground
Plaintiff has no other action based on
contract,quasi-contract, crime, or quasi
delict.

HERMOSISIMA VS CA
She cant recover moral damages for the breach of
promise to marry. She can recover for compulsory
damages for medical and hospitalization as well as
attorneys fees. The court is unable to say that the
petitioner is morally guilty of seduction, not
because he is approximately 10years younger but
also because she surrendered herself to the
petitioner because she was overruled by her love
for him.

LLORENTE VS SANDIGANBAYAN
Petitioner is civilly liable having acted in bad faith.
Despite the acts of the petitioner being legal it does
not follow that his acts were done in good faith. It is
the essence of article 19 of the CC under which the
petitioner was made to pay damages, together with
Art 22 that the performance of duty be done with
justice and god faith the courts find the award
justified by Art 2202 of CC which holds the
defendant liable for all natural and probable
damages.

PE vs PE
The defendant is liable since he was a married man
who seduced Lolita through tricky scheme to the
extent of making her fall inlove with him. The
defendant committed an injury to Lolitas family to
the public extent that is contrary to morals, good
customs and public policy.

BAKSH VS CA
A breach of promise to marry is not actionable
wrong. Art 21 is designed to expand the concept of
torts and quasi-delicts by granting adequate legal
remedy for untold number of moral wrongs which
is impossible for human forsight to specifiacally
enumerate and punish in statute.

WASSMER VS VELEZ
This is not a mere breach of promise to marry and
the defendant must be held answerable in damage
in accordance to Art 21.
Mere breach of marrying is not an actionable
wrong but formally set a wedding and go through
all the above described preparation and publicly
only to walk out of it when the matrimony is about
to solemnized.


PEOPLE VS RITTER
The defendant is civilly liable even though he was
acquitted of the crime on the grounds of reasonable
doubt. Civil liability requires mere preponderance
of evidence not proof beyond reasonable doubt. In
the case at bar there exist a facts of unlawful and
immoral conduct.

NIKKO HOTEL MANILA VS REYES
To be liable for damages under art 19 and 21 the
act of abuse must be intentional. Doing the cross
examination. Mr. reyes claimed that they were
almost of kissing distance when he was heard by
Mrs lim to leave the party it is highly unlikely to
shout and speak on her loud voice at a very close
distance.