CIVIL LAW REVIEW

PERSONS AND FAMILY RELATIONS

LAW DEFINES IN ITS MOST GENERIC SENSE
- An ordinance of reason promulgated for the
common good by Him who is in charge.
-To be useful and fair, law has to be promulgated,i.e.
Made known to those who are expected to follow it.
HUMAN POSITIVE LAW
- A reasonable rule of action, expressly or directly
promulgated by Competent human authority for the
common good, and usually, but not necessarily,
imposing a sanction in case of disobedience.
ESSENTIAL ELEMENTS OF HUMAN POSITIVE
LAW
(1) Reasonable rule of action
(2) Due Promulgation
(3) Promulgation by competent authority
(4) Generally, a sanction imposed for disobedience.
BASES OF HUMAN POSITIVE LAW
-Divine pronouncement, natural moral nature of man,
legislative enactments, jurisprudence or judicial
decisions, conventions or treaties, customs and
traditions.
HUMAN POSITIVE LAW DISTINGUISHED
FROM MORALITY
- Human Positive Law covers only external conduct
while Morality covers both external acts and internal
thoughts. The former is enforced by the state while
this is not the case for Morality, except insofar as
moral legislation has been enacted.
BASES OF HUMAN POSITIVE LAW
-Divine Pronouncements, the natural moral nature of
man, legislative enactments, jurisprudence or judicial
decisions, conventions or treaties, customs and
traditions.
CONCEPTS OF LAW AS DERECHO AND
LEY
(a) Considered as the cause, derecho is the abstract
science of law; considered as an effect, it is the given.
(b) Ley is a specific law.
CLASSIFICATION OF HUMAN POSITIVE LAW
(a) According to whether a right is given, or merely

the procedure for enforcement is laid down:

1) Substantive Law - That which establishes
rights and duties.
2) Remedial (or Procedural or Adjective) Law that which prescribes the manner of enforcing
legal rights and claims
(b) According to the scope or content of the law:
1) Private law - that which regulates the relations
between the members of the community with one
another (Consists of Civil and Commercial
Laws)
2) Public law - that which governs the relations
of the individual with the State or ruler or
community as a whole (Includes Political Law,
Criminal or Penal Law, and Remedial Law)
(c) According to force or effect:
1) Mandatory (absolute, imperative) and/or
Prohibitive laws - those which have to be
complied with, because they are expressive of
public policy: disobedience is punished either by
direct penalties or by considering the act or
contract void.
2) Permissive (or suppletory) laws - those which
may be deviated from, if the individual so
desires.
CIVIL LAW DEFINED
-It is that branch of the law that generally treats of the
personal and family relations of an individual, his
property and successional rights, and the effects of
his obligations and contracts.
CIVIL
LAW
DISTINGUISHED
FROM
POLITICAL LAW
-While civil law governs the relations of the members
of a community with one another, political law deals
with the relations of the people and the government.
CIVIL LAW DISTINGUISHED FROM THE
CIVIL CODE
-A Civil Code is a compilation of existing civil law,
scientifically arranged into books, titles, chapters and
sub-heads and promulgated by legislative authority.

CIVIL CODE OF THE PHILIPPINES

(REPUBLIC ACT NO. 386)
PRELIMINARY TITLE
Chapter 1
EFFECT AND APPLICATION OF LAWS
Article 1. This Act shall be known as the Civil Code
of the Philippines.
Article 2. Laws shall take effect after fifteen days
following the completion of their publication either in
the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise
provided. (As amended by E.O. 200)
OLD PROVISION: Laws shall take effect after
fifteen days following the completion of their
publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one
year after such publication.
(1) SCOPE OF THE ARTICLE ON EFFECTIVITY
OF LAWS (OLD PROVISION)
-This Article provide for the effectivity of two kinds
of law, namely:
(a) An Ordinary Law
(b) The Civil Code
(2) EFFECTIVITY DATE OF AN ORDINARY LAW
-An ordinary law takes effect:
(a) On the date it is expressly provided to take effect.
(Art. 2, NCC)
(b) If no such date is made, then after fifteen (15)
days following the completion of its publication in
the Official Gazette (Art. 2, NCC) or in a newspaper
of general circulation.
(3) WHEN NO PUBLICATION IS NEEDED
-Where a law provides for its own effectivity or
upon approval, publication in the Official Gazette
is not necessary so long as it is not punitive in
character. (Askay v Casalan and Balbuna v Sec. Of
Education)
(4) WHEN PUBLICATION IS NEEDED
-Unless otherwise provided, laws shall take effect
after 15 days following the completion of the
publication in the official gazette or in a news paper
of general circulation.
TANADA v TUVERA (1986)

The publication must be in full or it is no

publication at all, since its purpose is to inform the
public of the contents of the laws. It must be made in
the official gazette (or in a newspaper of general
circulation), and not elsewhere, as a requirement for
their effectivity after 15 days from such publication
or after a different period provided by the legislature.
(5) RULE
APPLICABLE
TO
CERTAIN
CIRCULARS BUT NOT TO ALL
- The rule relating to the effectivity of a law applies
to a Central Bank Circular (People v Que Po Lay)
inasmuch as the latter, having issued for the
implementation of the law authorizing its issuance,
has the force and effect of law, according to settled
jurisprudence (U.S. V Tupas Molina). The fact that
the circular is punitive in character is the principal
reason why publication should be made.
However, circulars which are mere statements of
general policy as to how the law should be construed
do NOT need presidential approval and publication in
the Official Gazette for their effectivity.
TANADA v TUVERA (1986)
The Circular issued by the monetary board must
be published if they are meant not merely to interpret
but to fill in the details of the Central Bank Act
(RA 265) which that body is supposed to enforce.
(6) RULE APPLIED TO EXECUTIVE ORDERS
AND ADMINISTRATIVE RULES
(a) Must conform to standards of the law
(b) Administrative Rule have the force of law
TAYUG RURAL BANK v CB
If conflict exists between the basic law and a rule
or regulation issued to implement it, the basic law
prevails. Said rule or regulation cannot go beyond the
terms and provisions of the basic law. Rule that
subvert the statute cannot be sanctioned. Except for
constitutional officials who can trace their
competence to act on the fundamental law itself, a
public official must locate in the statute relied upon, a
grant of power before he can exercise it. Department
zeal cannot be permitted to outrun the authority
conferred by statute.
(7) DATE OF EFFECTIVITY OF THE NEW CIVIL

CODE (BAR)
- In the case of Lara v Del Rosario, the Supreme
Court in an Obiter Dictum held that the Civil Code of
the Philippines took effect on Aug. 30, 1950. This
date is exactly one year after the Official Gazette
publishing the Code was released for circulation,
the said release having been made on Aug. 30, 1949.
Article 3. Ignorance of the law excuses no one from
compliance therewith.
(1) LATIN MAXIM ON IGNORANC OF THE LAW
-Ignorantia legis non excusat meaning ignorance of
the law excuses no one.
(2) APPLICABILITY OF THE MAXIM
-Article 3 applies to all kinds of domestic laws,
whether civil or penal (Luna v Linato; Delgado v
Alonzo), and whether substantive or remedial
(Zulueta v Zulueta) on ground of expediency, policy,
and necessity, i.e., to prevent evasion of the law.
However, the maxim refers on to mandatory or
prohibitive laws, not to permissive or suppletory
laws.
-Ignorance of foreign law is not ignorance of the law,
but ignorance of the fact because foreign laws must
be alleged and proved as matters of fact, there being
no judicial notice of said foreign laws. (Adong v
Cheong Seng Gee; Sy Joc Lieng v Syquia).
If the foreign law is not properly alleged and
proved, the presumption is that it is the same as our
law.(PROCESSUAL PRESUMPTION)
A written foreign law can be proved in our courts
by an official publication thereof or by a copy
attested by the officer having the legal custody of the
record, or by his deputy, and accompanied, if the
record is not kept in the Philippines, with a certificate
that such officer has the custody. When however said
foreign law has been presented properly in evidence
during,say, the probate of a will, the court can take
judicial notice of said foreign law in a subsequent
hearing if the project partition, WITHOUT proof any
more of such law. (Testate Estate of Bohanan).
However, in other cases subsequently brought, the
Supreme Court ruled that it is essential to prove all
over again the existence of the foreign law already
proved in a prior case. Reason: The foreign law may
have undergone changes or amendments since the
hearing of the original case.
(3) SCOPE OF IGNORANCE OF THE LAW
- Refers not only to the literal words of the law itself,

but also to the meaning or interpretation given to said

law by our courts of justice. (Adong v Cheong Seng
Gee; Sy Joc Lieng v Syquia)
(4) IGNORANCE OF THE LAW DISTINGUISHED
FROM IGNORANCE OF THE FACT (MISTAKE
OF FACT)
- While ignorance of the law is no excuse, ignorance
of the fact eliminates criminal intent as long as there
is no negligence.
(5) IGNORANCE OF THE LAW AS THE BASIS
OF GOOD FAITH
- The Civil Code specifically provides that a mistake
on a doubtful or difficult question of law may be the
basis of Good Faith (Art. 526). This does not mean,
however, that one is excused because of such
ignorance. He is still liable, but his liability shall be
mitigated.
Article 4. Laws shall have no retroactive effect,
unless the contrary is provided.
(1) REASON WHY LAWS IN GENERAL ARE
PROSEPECTIVE
- In general, laws are prospective, not retroactive. If
the rule was that laws were retroactive, grave
injustice would occur, for these laws would punish
individuals for violation of laws not yet enacted.
(2) EXCEPTIONS TO THE PROSPECTIVE
EFFECTS OF LAWS
-While in general, laws are prospective, they are
retroactive in the following cases:
(a) If the laws themselves provide for retroactivity
(Art. 4, NCC), but in no case must an ex post facto
law be passed. [It should be noted that generally, the
Philippine Constitution does not prohibit retroactive
laws]
(b) If the laws are remedial in nature
-Reason: There are no vested rights in the rules of
procedure. Therefore, new rules of court on
procedure can apply to pending actions.
(c) If the statute is penal in nature, provided:
1) If it is favorable to the accused or to the
convict;
2) And provided further that the accused or
convict is not a habitual deliquent as the is
defined under the Revised Penal Code.
(d) If the laws are of an emergency nature and are
authorized by the police powerof the government
(e) If the law is curative (this is necessarily

retroactive for the precise purpose is to cure errors or

irregularities). However, this kind of law, to be valid
must not impair vested rights nor affect final
judgments.
(f) If a substantive right be declared for the first time,
unless vested rights are impaired.
[NOTE: What constitutes a vested or acquired right
will be determined by the Courts as each particular
issue is submitted to them. The Supreme Court has
defined a vested right as some right or interest in
property that has become fixed and established that it
is no longer open to controversy. It may also be
defined as such right the deprivation of which would
amount to deprivation of property without due
process of law. A right is also vested when it has so
far been perfected that nothing remains to be done by
the party asserting it]
Article 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.
(1) MANDATORY OR PROHIBITORY LAWS
- One must obey mandatory statutes, otherwise his
act would generally be void. The violation of
directory laws does not result in invalid acts.
- Kinds of Mandatory Legislation (like penal and
some contractual laws):
(a) Positive - when something must be done
(b) Negative or prohibitory - when something should
not be done.
(2) EXCEPTIONS
-Although in general, violations of mandatory or
prohibitory laws result in void acts or contracts, in
some instances, the law authorizes their validity.
Among these exceptional instances are the following:
(a) When the law makes the acts not void but merely
voidable (valid, unless annulled) at the instance of the
victim.
(b) When the law makes the act valid, but subjects
the wrongdoer to criminal responsibility.
(c) When the law makes the act itself void, but
recognizes some legal effects flowing therefrom.
(d) When the law itself makes certain acts valid
although generally they would have been void.

Article 6. Rights may be waived, unless the waiver is

contrary to law, public order, public policy, morals, or

s.right recognized by law.

(1) RULES FOR THE WAIVER OF RIGHTS
-GENERAL RULE: Rights may be waived
-EXCEPTIONS:
(a) When the waiver is contrary to law, public order,
public policy, morals and good customs.
(b) When the waiver is prejudicial to third person
with a right recognized by law.(Unless, of course,
such waiver has been made with the consent of such
third persons)
(2)DEFINITIONS
(a) Right -the power or privilege given to one person
and as a rule demandable of another. In another
sense, a right denotes an interest or title in an object
or property
-Rights may be:
1) Real rights (jus in re, jus in rem) - enforceable
against the whole world (absolute rights);
2) Personal rights (jus in personam, jus ad rem) enforceable against a particular individual (relative
rights)
(b) Waiver - the intentional or voluntary
relinquishment of a known right, or such conduct as
warrants an inference of the relinquishment of such
right. Thus, a waiver may be express or implied.
(3) REQUISITES FOR A VALID WAIVER
(a) A person waiving must be capacitated ti make the
waiver. (Hence, a waiver by a minor or by an insane
person or non-compos mentis is voidable).
(b) The waiver must be made clearly, but not
necessarily express.
(c) The person waiving must actually have the right
which he is renouncing; otherwise, he will not be
renouncing anything.
(d) In certain instances the waiver, as in the express
remission of a debt owed in favor of the waiver, must
comply with the formalities of a donation.
(e) The waiver must not be contrary to law, morals,
public policy (the aim of the state in promoting the
social welfare of the people), public order (or public
safety), or good customs (those which exist in a
particular place).
(f) The waiver must not prejudice others with a right
recognized by law.
(4) EXAMPLES OF RIGHTS THAT CANNOT BE
RENOUNCED

(a) Natural Rights, such as the right to life

(b) Alleged rights which really do not yet exist
-Example: Future inheritance
(c) Those the renunciation of which would infringe
upon public policy
1) The right to be hear in court cannot be
renounced in advance, hence, this kind of
confession of judgment cannot be allowed
2) A waiver of the 10-year period for suing on a
written contract.
(d) When the waiver is prejudicial to a third person
with a right recognized by law
(5) EXAMPLES OF RIGHTS THAT MAY BE
RENOUNCED
(a) Support in arrears
(b) The right granted to prepare at least two day
before trial is waivable, expressly or impliedly. It can
be implied from the failure to ask for sufficient time
to prepare for trial.
(c) The right to object to testimony of a wife on
information obtained because of her domestic
relations with her husband, is waived when a husband
accused of killing his son, does not only deny his
guilt, but also points to the wife as the killer. In a
prosecution for rape against his own child, a husband
cannot object to the testimony given by his wife
against him, for in effect this may be considered an
offense committed by a husband against his wife.
(d) The right of the accused to be helped by counsel
may also be waived; provided, the judge informs said
accused of his right.
(e) The righ of the accused in a criminal case to have
a preliminary investigation may be waived.
(f) The venue of actions (the place where the action
should be brought) may be waived, but not the courts
jurisdiction.
(g) Although a tax obligation has already been
extinguished by prescription, the taxpayer may waive
the benefit granted by law by reason of said
prescription by the execution of a chattel mortgage to
secure the payment of the same.
(h) An individual who accepts the officeof an
executor or administrator may waive compensation
therefor.
(i) The right to the back pay of an employee who has
been dismissed without justifiable cause may be
waived by him. This is particularly so when he has
been put back to work.
(j) Failure to ask for vacation and sick leave
privileges after a period of more than 5 years
constitutes a valid waiver unless the intent of the law

granting the same is clearly otherwise. The purpose

of the privilege is to give the employee a much
needed rest, and not merely an additional salary. The
privilege must be demanded in opportune time, and if
he allows the years to go be in silence, he waives it.
(k) Prescription, if not pleaded as a defense before or
during the trial, is deemed waived, and said defense
cannot therefore be raised for the first time on appeal.
Article 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 declare 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.
(1)SOURCES OF LAW
-In general, the sources of law are given in this
Article, and in the order of preference, they are: the
Constitution, laws (pr presidential decrees),
administrative or executive acts, orders, and
regulations.
(2)HOW LAWS ARE REPEALED
-Laws are repealed:
(a) Expressly
(b) Or Impliedly (insofar as there are inconsistencies
between a prior and a subsequent law)
[Implied repeals are not looked upon with favor.
Therefore, if both statutes can stand together, there is
no repeal.]
The Civil Code repeals:
1) The Old Civil Code of 1889
2) The Code of Commerce provisions on sales,
partnership, agency, loan, deposit, and guaranty
3) The provisions of the Code of Civil Procedure on
prescription, as far as they are inconsistent with the
new civil code
4) All laws, acts, parts of the acts, Rules of Court,
executive orders, and administrative regulations,
inconsistent with the new Civil Code.
(3) RULE FOR GENERAL AND SPECIAL LAWS
In case of conflict between a general and a special
law, which should prevail?
A) If the general law wan enacted prior to the special
law, the latter is considered the exception to the

general law. Therefore, the general law, in general

remains good law, and there is no repeal, except
insofar as the exception or special law is concerned.
B) If the general law was enacted after the special
law, the special law remains unless:
a) There is an express declaration to the
contrary
b) Or there is a clear, necessary and
unreconcilable conflict
c) Or unless the subsequent general law covers
the whole subject and is clearly intended to
replace the special law.
[NOTE: An act passed later but going into effect
earlier will prevail over a statute passed earlier and
going into effect later, because the later enactment
expresses the later intent.
(4) LAPSE OF LAWS
-Laws may lapse (i.e., end by itself in view of the
expiration of the period during which it was supposed
to be effective) without the necessity of any repeal as
exemplified by the law granting the President,
Emergency Powers or the annual appropriations law.
Problem: A committed an offense, but before the
time of the trial, the offense was no longer considered
an offense by the law. Should A still be punished?

- A mistake in the law or in legislation cannot be

corrected by executive fiat but by another legislation.
(8) UNCONSTITUTIONAL LAWS, TREATIES,
ADMINISTRATIVE OR EXECUTIVE ORDERS
-Under the 1987 Constitution, All cases involving the
constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the
Supreme Court en banc, and all other cases which
under the Rules of Court are required to be heard en
banc, including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and
other regulations shall be decided with the
concurrence of a majority of the members who
actually took part in the deliberations on the issue in
the case and voted thereon.
Cases or maters heard by a division shall be
decided of resolved with the concurrence of a
majority of the members who actually took part in the
deliberations on the issues in the case and voted
thereon, and in no case, without the concurrence of at
least three of such members. When the required
number is not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle of laid
down by the court in a decision rendered en banc or
in division, may be modified or reversed except by
the court sitting en banc.

Answer: It depends.
a) If there has been a complete repeal, he should not
be punished anymore.
b) It is otherwise if the law merely lapsed. Here, the
penalty can still be imposed.
(5) EFFECT IF THE REPEALING LAW IS ITSELF
REPEALED
a) When a law which expressly repeals a prior law is
itself repealed, the law first repealed shall not be
thereby revived, unless expressly so provided.
b) When a law which repeals a prior law, not
expressly but by implication, is itself repealed, the
repeal of the repealing law revives the prior law,
unless the language of the repealing statute provides
otherwise.
(6) NON-OBSERVANCE OF THE LAW
-Disuse, custom, or practice to the contrary does not
repeal a law.
(7) EXECUTIVE FIAT CANNOT CORRECT A
MISTAKE IN THE LAW

The Supreme Court shall have the following

powers:
Review, revise, reverse, modify, or affirm on
appeal or certiorari as the law or the Rules of Court
may provide, final judgments or orders of lower
courts in:
All cases in which the constitutionality or
validity of any treaty, international or executive
agreement,
law,
presidential
decrees,
proclamations, orders, instructions, ordinances or
regulation is in question.
(9) NO COLLATERAL ATTACK
- The constitutionality of a law or executive order
may not be collaterally attacked. They shall,
therefore, be deemed valid unless declared null and
void by a competent court. The constitutionality of a
law may not be made to depend on the effects of a
conclusion based on a stipulation of facts entered into
by the parties. Otherwise, the law would be
constitutional on certain cases and unconstitutional in
others.

(10) SOME GROUNDS FOR DECLARING A LAW

UNCONSTITUTIONAL
(a) The enactment of the law may not be within the
legislative powers of the lawmaking body.
(b) Arbitrary methods may have been established
(c) The purpose or effect violates the Constitution or
its basic principles.
(11) EFFECT OF A LAW THAT HAS BEEN
DECLARED UNCNSTITUTIONAL
-While it is true that generally an unconstitutional law
confers no right, creates no office, affords no
protection, and justifies no acts performed under it,
there are instances when the operation and effects of
the declaration of its unconstitutionality may be
relaxed or qualified because the actual existence of
the law prior to such declaration is an operative fact
and may have consequences which cannot justly be
ignored.
(12) OPERATIVE FACT DOCTRINE
-This is when a legislative or executive act, prior to
its being declared unconstitutional by the courts, is
valid and must be complied with.
Article 8. Judicial decisions applying or interpreting
the laws or the Constitution shall form part of the
legal system of the Philippines.
(1) ARE JUDICIAL DECISIONS LAWS?
-While it is true that decisions which apply or
interprets the Constitution or the laws are part of the
legal system of the Philippines still they are not laws.
-The courts exist in order to state what the law is, not
for giving it.
-Judicial decisions, though not laws, are evidence,
however of what the laws mean, and this is why they
are part of the legal system of the Philippines. The
interpretation placed upon the written law by a
competent court has the force of law. The
interpretation placed by the supreme court upon a law
constitutes, in a way, part of the law as of the date the
law was originally passed, since the courts
construction merely established the contemporaneous
legislative intent that the interpreted law desired to
effectuate. It is clear that a judicial interpretation
becomes part of the law as of the date the law was
originally passed. However, a reversal of that
interpretation cannot be given a retroactive effect to
the prejudice of parties who had relied on the first

interpretation.
-Be it noted that only the decisions of the Supreme
Court, and unreversed decisions of the Court of
Appeals on cases of first impression, establish
jurisprudence or doctrines in the Philippines. The
Supreme Court, by tradition and in our system of
judicial administration, has the last word on what the
law is; it is the final arbiter of any justiciable
controversy. There is only one Supreme Court from
whose decisions all other courts should take their
bearings.
FLORESCA v PHILEX MINING CORP
GR 30642 (1985)
Judicial decisions of the Supreme Court assume
the same authority as the statute itself. Art. 8 of the
Civil Code, tells us that judicial decisions that apply
and interpret laws of the Constitution form part of our
legal system. These decisions, although in themselves
not laws, are evidence of what the laws mean. The
application or interpretation placed by the Court upon
a law is part of the law as of the date of its enactment
since the Courts application or interpretation merely
establishes the contemporaneous legislative intent
that the construed law purports to carry into effect.
(2) DECISIONS REFERRED TO IN ART. 8
-The decisions referred to are those enunciated by the
Supreme Court, which is the court of last resort.
-Decision of subordinate courts are only persuasive in
nature, and can have no mandatory effect. However,
this rule does not militate against the fact that a
conclusion or pronouncement of the Court of Appeals
which covers a point of law still undecided in the
Philippines may still serve as a judicial guide to the
inferior courts. It is even possible that a conclusion or
pronouncement can be raised to the status of a
doctrine, if after it has been subjected to test in the
crucible of analysis and revision, the Supreme Court
should find that it has merits and qualities sufficient
for its consecration as a rule of jurisprudence.
-A final judgment ratio decidendi should, however,
be distinguished from the opinion which states the
reasons for such judgment
QUE v PEOPLE OF THE PHILIPPINES
GR 75217-18
(1987)
No provision of the Constitution is violated when
the Supreme Court denies a petition for review by the
issuance of a mere minute resolution.
The resolutions are not decisions within the

constitutional requirement. They merely hold that the

petition for a review should not be entertained in
view of the provisions of the Rules of Court.
[NOTE: Where the court has jurisdiction over the
case, any error of law or fact committed by the trial
court is curable by appeal. After the judgment has
become final, the issues that were litigated in the case
are no longer debatable by the parties in subsequent
proceedings, whether erroneously decided or not.
However, the fact that a decision has become final
does not prevent a modification thereof, because even
with the finality of judgment, when its execution
becomes IMPOSSIBLE or UNJUST, it may be
modified or altered to harmonize with justice and the
facts. While ideally a case should be deemed
terminated insofar as the court that has taken
cognizance thereof is concerned, the moment that
there is entered on the records a satisfaction if
judgment, still the court would have jurisdiction
when compelling matters demand that it should so
act, lest more injustice result from further delay in the
final resolution of the case.
(3) DOCTRINE OF STARE DECISIS (LET IT
STAND, Et non quieta movere)
-adherence to precedents
-states that once a case has been decided one way,
then another case, involving exactly the same point at
issue should be decided in the same manner.
(4) ORBITER DICTA
-Opinions not necessary to the determination of a
case. They are not binding, and cannot have the force
of judicial precedents.
-Dissenting opinion affirms or overrules no claim,
right or obligation. And neither disposes nor awards
anything. It merely expresses the view of the
dissenter.
(5) HOW JUDICAL DECISIONS MAY BE
ABROGATED
(a) By a contrary ruling by the Supreme Court itself.
(b) By corrective legislative acts of Congress,
although said laws cannot adversely affect those
favored prior to Supreme Court decisions.
[NOTE: Congress cannot, however, alter a Supreme
Court interpretation of a constitutional provision, for
this would be an unwarranted assumption of judicial
power. The legislature is, however, allowed to define
the terms it uses in a statute, said definitions being
considered as part of the law itself.]

(6) JUDICIAL REVIEW OF ADMINISTRATIVE

DECISIONS
-Judicial review of the decisions of an administrative
official is subject to certain guideposts.
-Review is justified when there has been a denial of
due process, or mistake of law, or fraud, collusion, or
arbitrary action in the administrative proceeding.
(7) WHEN FINAL JUDGMENTS MAY BE
CHANGED
-While it is true that the trial court cannot change,
amplify, enlarge, alter, or modify the decision of an
appellate court which is final and executory, still two
important things must be pointed out:
(a) Firstly, a judgment void for lack of jurisdiction
over the subject matter can be assailed at any time
either directly or collaterally
(b) Secondly, it is now well-settled in this jurisdiction
that when after judgment has been rendered and the
latter has become final, facts and circumstances
transpire which renders its execution impossible or
unjust, the interested party may ask the court to
modify or alter the judgment to harmonize the same
with justice and with the facts.
PHIL. RABBIT BUS LINES v ARCIAGA
L-29701(1987)
The doctrine of finality of judgment is grounded
on fundamental considerations concerning public
policy and sound practice that at the risk of
occasional errors, court judgments must become final
at some definite date fixed by law.
Article 9. No judge or court shall decline to render
judgment by reason of the silence, obscurity, or
insufficiency of the laws.
(1) DUTY OF A JUDGE IF THE LAW IS SILENT
-A judge must give a decision, whether he knows
what law to apply or not.
-The judge may apply any rule he desires as long as
the rule chosen is in harmony with general interest,
order, morals, and public policy. Among such rules
may be the following:
(a) Customs which are not contrary to law, public
order, and public policy.
(b) Decisions of foreign and local courts on similar
cases.
(c) Opinions of highly qualified writers and
professors.

(d) Rules of statutory construction

(e) Principles laid down in analogous instances.
Thus, it has been said that where the law governing a
particular matter is silent on a question at issue, the
provision of another law governing another matter
may be applied where the underlying principle or
reason is the same. Ubi cadem ratio ibi eadem
disposito
[NOTE: But the rule of pari materia (like matter),
which is only an aid to statutory construction, cannot
be used to apply a deficiency of a prescriptive period
provided for in another statute; more so, if two laws
are not in pari materia.]

the advance reports of the journals.

(5) SUPREME COURT - BASICALLY A REVIEW
COURT
SBMA v COMELEC
GR 125416 (1996)
The Supreme court is basically a review court. It
passes upon errors of law (and sometimes of fact, as
in the case of mandatory appeals of capital offenses)
of lower courts as well as determines whether there
had been grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or
instrumentality of government.

FLORESCA v PHILEX MINING CORP

GR 30642 (1985)
Art. 9 of the Civil Code has explored the myth
that courts cannot legislate. The legislator recognizes
that in certain instances, the court, in the language of
Justice Holmes, do and must legislate to fill the
gaps in the law; because the mind of the legislator,
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. But while the judges do
and must legislate, they can only do so only
interstitially. They are confined from molar to
molecular motions.

Article 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.

(f) General principles of the natural moral law, human

law, and equity.
(f) Respect for human dignity and personality.

(2) IN CASE OF DOUBT

-In case of doubt, the judge should presume that the
lawmaking body intended right and justice to
prevail.
-Judicial conclusions inconsistent with the spirit of a
law must be avoided.
Moreover, it has been wisely stated that when the
reason for the law ceases, the law automatically
ceases to be one. Cessante ratione cessat ipsa lex

(3) DOES ARTICLE 9 APPLY TO CRIMINAL

CASES?
-In a way, yes. True, an offense is not a crime unless
prohibited and punished by the law applying the rule
nullum crimen, nulla poena sine lege (there is no
crime and there is no penalty in the absence of law),
nevertheless, if somebody is accused of a nonexistent crime, the judge mus dismiss the case. This,
in reality, is equivalent to a judicial acquittal.
(4) KEEPING ABREAST WITH SC DECISIONS
ROY v CA
GR 80718 (1989)
It is the bounden duty of a lawyer in active practice to
keep abreast with SC decisions, particularly where
issues have been clarified, reiterated, and published in

(1) DURA LEX SED LEX

-The law may be harsh, but it is still the law.
Hence, the first duty of the judge is to apply the law whether it be wise or not, whether just or unjust provided that the law is clear, and there is no doubt. It
is the sworn duty of the judge to apply the law
without fear or favor, to follow its mandate, not to
temper with it. What the law grants, the courts cannot
deny. If some laws are unwise and detrimental,
proper representations may be made in Congress

(3) SOME
RULES
OF
STATUTORY
CONSTRUCTION
(a) When a law has been clearly worded, there is no
room for interpretation. Immediately, application of
the law must be made unless consequences or
oppression would rise.
(b) If there are two possible interpretations or
construction of a law, that which will achieve the
ends desired by Congress should be adopted.
(c) In interpreting a law, the following can be
considered: the preamble of the statute; the foreign
laws from which the law was derived; the history of

the framing of the law, including deliberations in

Congress; similar laws on the same subject matter.
(d) Patent or obvious mistakes and misprints in the
law may properly be corrected by our courts
(e) Laws of pleadings, practice, and procedure must
be liberally construed.
(f) Laws in derogation of a natural or basic right must
be strictly interpreted.
(g) The contemporaneous interpretation given by
administrative officials to a law which they are bound
to enforce or implement deserves great weight.
Article 11. Customs which are contrary to law, public
order or public policy shall not be countenanced
(1) CUSTOM DEFINED
-A custom is a rule of human action(conduct)
established by repeated acts, and uniformly observed
or practiced as a rule of society, thru the implicit
approval of the lawmakers, and which is therefore
generally obligatory and legally binding.
(2) REQUISITES BEFORE THE COURTS CAN
CONSIDER CUSTOMS
(a) A custom must be proved as a fact, according to
the rules of evidence; otherwise, the custom cannot
be considered as a source of right. Thus, there is no
judicial notice of custom.
(b) The custom must not be contrary to law (contra
legem), public order or public policy.
(c) There must be a number of repeated acts.
(d) The repeated acts must have been uniformly
performed
(e) There must be a juridical intention(convictio juris
seu necessitatis) to make a rule of social conduct and
that therefore, a person who disregards the custom in
fact also disregards the law.
(f) There must be a sufficient lapse of time - this by
itself is not a requisite of custom, but it gives
evidence of the fact that indeed it exists and is being
duly observed.
(3) LAW DISTINGUISHED FROM CUSTOM
-While ordinarily a law is written, consciously made,
and enacted by congress, a custom is unwritten,
spontaneous, and come from society. Moreover, a law
is superior to a custom as a source of right. While the
courts take cognizance of local laws, there can be no
judicial notice of customs, even if local.
Article 12. A custom must be proves as a fact,
according to the rules of evidence.

(1) PRESUMPTION
OF
ACTING
IN
ACCORDANCE WITH CUSTOM
-There is a presumption that a person acts according
to the custom of the place.
(2) WHEN A CUSTOM IS PRESUMED NONEXISTENT
-A custom is presumed not to exist when those who
should know, do not know of its existence.
(3) KINDS OF CUSTOMS
(a) A general custom is that of a country; a custom
of the place is one where an act transpires.
[NOTE: A general custom if in conflict with the local
custom yields to the latter.]
(b) A custom may be propter legem(in accordance
with law) or contra legem(against the law). It is
unnecessary to apply the first, because it merely
repeats the law; it is wrong to apply the second.
Customs extra legem are those which may constitute
sources of supplementary la, in default of specific
legislation on the matter.
Article 13. When the laws speak of years, months,
days or nights, it shall be understood that years are
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.
(1) MEANING OF DAY APPLIED TO THE
FILING OF PLEADINGS
If the last day for submitting a pleading is today, and
at 11:40 p.m.(after office hours) today it is filed, the
SC has held that it is properly file on time because a
day consists of 24 hours. This presupposes that the
pleading was duly received by person authorized to
do so.
*A petition is considered filed from the time of
mailing. This is because the practice in our courts is
to consider the mail as an agent of the government, so
that the date of mailing has always been considered
as the date of the filing of any petition, motion or
paper.
While there is a presumption that a letter duly
directed and mailed was received in the regular

course of mail, still there are two facts that must first
be proved before the presumption can be availed of:
(a) the letter must have been properly addressed
with postage prepaid; and
(b) The letter must have been mailed
(2) COMPUTATION OF PERIODS
-In computing a period, the first day shall be
excluded, and the last day included
(3) RULE IF THE LAST DAY IS A SUNDAY OR A
LEGAL HOLIDAY
(a) In an ordinary contract, the general rule is that an
act is due even if the last day be a Sunday or a legal
holiday.
(b) When the time refers to a period prescribed or
allowed by the Rules of Court, by an order of the
court, or by any other applicable statute, if the last
day is a Sunday or a legal holiday, it is understood
that the last day should really be the next day,
provided said day is neither a Sunday nor a legal
holiday.
Article 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.
(1) EXCEPTIONS:
(a) The principles of Public International Law
-Immunities granted to diplomatic officials and
visiting heads of states, provided that the latter do not
travel incognito. If they travel incognito but with the
knowledge of our government officials, heads of
states are entitled to immunity. If the incognito travel
is without the knowledge ore permission of our
country, diplomatic immunity cannot be insisted
upon, and the heads of states traveling may be
arrested. However, once they reveal their
identity,immunity is given. Generally, should a
friendly foreign army be given permission to march
thru our country or be stationed here, said army is
usually exempt from civil and criminal responsibility.
(b) The presence of treaty stipulations
Article 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.
(1) STATUS DEFINED

-The status of a person in civil law includes personal

qualities and relations, more or less permanent in
nature, and not ordinarily terminable at his own will.
(2) SCOPE OF ARTICLE 15 (NATIONALITY
PRINCIPLE)
(a) Family rights and duties (including parental
authority, marital authority, support)
(b) Status
(c) Condition
(d) Legal capacity (but there are various
exceptions to this rule on legal capacity)
(3) APPLICABILITY OF ART. 15
-Article 15 which is a rule of private international law
stresses the principle of Nationality
(4) CAPACITY TO ENTER INTO ORDINARY
CONTRACT
-The capacity to enter into ordinary contract is
governed by the national law of the persons, and not
by the law of the place where the contract was
entered into(lex loci celebrationis)
(5) CAPACITY UNDER THE CODE OF
COMMERCE
-Article 15 of the Code of Commerce says that
foreigners and companies created abroad may
engage in commerce in the Philippines subject to the
laws of their country with respect to their capacity to
contract.
(6) CAPACITY TO ENTER INTO OTHER
RELATIONS
-Capacity to enter into other relations or contracts is
not necessarily governed by the national law of the
person concerned.
Thus:
(a) Capacity to acquire, encumber, assign, donate or
sell property depends on the law of the place where
the property is situated (lex situs or lex rei sitae)
(b) Capacity to inherit depends not on the national
law of the heir, but on the national law of the
decedent.
(c) Capacity to get married depend not on the
national law of the parties, but on the law of the place
where the marriage was entered into (lex loci
celebrationis or locus regit actum), subject to certain
exceptions.
Article 16. Real property as well as personal property
is subject to the law of the country where it is

situated.
However, intestate and testamentary successions,
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 regulated
by the national law of the person whose succession is
under consideration, whatever may be the nature of
the property and regardless of the country wherein
said property may be found.
(1) APPLICATION OF THE DOCTRINE OF LEX
REI SITAE
-Shares of stock of a foreigner, even if personal
property, can be taxed in the Philippines so long as
the property is located in this country.
(2) EXCEPTION TO THE LEX SITUS RULE
-One important exception to the lex situs rule occurs
in the case of successional rights. Thus, the following
matters are governed, not by the lex situs, but by the
national law of the deceased:
(a) Order of succession.
(b) Amount of successional rights
(c) Intrinsic validity of the provisions of a will
(d) Capacity to succeed
(3) THE RENVOI PROBLEM
-Renvoi literally means a referring back; the problem
arises when there is doubt as to whether a reference
in our law to a foreign law -(a) is a reference to the INTERNAL law of the said
foreign country; or
(b) Is a reference to the WHOLE of the foreign law,
including its conflicts rules.
Artcile 17. The forms and solemnities of contacts,
wills, and other public instruments shall be governed
by 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 the
Philippines in a foreign country, the solemnities
established by the Philippine laws shall be observed
in their execution.
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 effective by laws or judgments promulgated,
or by determinations or conventions agreed upon in a
foreign country.
(1) DOCTRINE OF LEX LOCI CELEBRATIONIS

-The first paragraph of the Article lays down the rule

of lex loci celebrationis insofar as extrinsic validity is
concerned.
(2) FORMALITIES FOR THE ACQUISITION,
ENCUMBERING,
OR
ALIENATION
OF
PROPERTY
-Formalities for the acquisition, encumbering and
alienation of property (whether real or personal) shall
however, be governed not by the lex loci
celebrationis but by the lex rei sitae.
(3) RULE OF EXTRATERRITORIALITY
-Even if the act be done abroad, still if executed
before Philippine diplomatic and consular officials,
the solemnities of Philippine laws shall be observed.
The theory is that the act is being done within an
extension of Philippine territory.
(4) INTRINSIC VALIDITY OF CONTRACTS
-Lex loci voluntatis (the law of the place voluntarily
selected) or lex loci intentionis (the law of the place
intended by the parties to the contract, govern the
intrinsic validity of contracts in general.
Article 18. In matter which are governed by the Code
of Commerce and Special laws, their deficiency shall
be supplied by the provisions of this Code.
(1) RULE IN CASE OF CONFLICT BETWWEN
THE CIVIL CODE AND OTHER LAWS
-In case of conflict with the code of commerce or
special laws, the civil code shall only be suppletory,
except if otherwise provided for under the Civil
Code. In general therefore, in case of conflict, the
Special law prevails over the civil code which is
general in nature.
(2) RULE IN STATUTORY CONSTRUCTION
-The general rule is that the special law governs in
case of conflict.