Académique Documents
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PART I
PRELIMINARY TITLE
Art. 1 - This Act shall be known as the Civil Code of the Philippines.
Filing. - (1) Every agency shall file with the University of the
Philippines Law Center three (3) certified copies of every
rule adopted by it. Rules in force on the date of effectivity
of this Code which are not filed within three (3) months
from the date shall not thereafter be the basis of any
sanction against any party or persons.
1
a) KASILAG V. RODRIGUEZ, 69 PHIL 217
Exceptions:
1. If the statute provides for retroactivity
2. Penal laws insofar as they favour the accused who is not a
habitual criminal, even though at the time of the enactment of
such law, final sentence has already been rendered
3. Remedial law so long as it does not affect or change vested
rights
4. When the law creates new substantive right unless vested rights
are impaired
5. Curative laws - that cures defects or imperfections in
judicial or administrative proceedings
6. Interpretative laws
7. Those which are of emergency nature or are authorized by
police power
2
b) Republic v Renman Enterprises, GR 199310, Feb.19, 2014
Art. 9-10 - Duty to render judgment (cf RPC5)
a) People v. Ritter 194 SCRA 690
b) Alonzo v Padua, 150 SCRA 379
Art. 11-12 - Presumption and Applicability of Custom (cf. 1987
Constitution, Art. XII Sec. 5; Rules of Court Rule 129 (2), (3))
a) Martinez v. Van Buskirk, 18 Phil. 79
Art. 13 - Legal periods (cf. Rules of Court (ROC) Rule 22RAC
Sec. 31)
a) Internal Revenue v Primetown, GR 162155, August 28, 2007
3
General rule: Under Art. 26 of the Family Code, all marriages
solemnized outside the Philippines in accordance with laws in force in
the country where they were solemnized and valid their as such, is also
valid in the Philippines.
Exception: If the marriage is void under Philippine law, then the
marriage is void even if it is valid in the country where it was
solemnized. [e.g. same sex marriages celebrated abroad are not valid
here]
See Art. 35, pars. (2) and (3)
Art. 16 - real and personal properties - subject to the laws where
they are located
Intestate and testamentary succession: order of succession, amount
of successional rights, intrinsic validity of testamentary provisions
– regulated by the national laws of the person whose succession is
under consideration
a) Estate of Amos Bellis v. Edward Bellis, 20 SCRA 358
b) Tayag v. Benguet Consolidated, 26 SCRA 242
c) Miciano v. Brimo, G. R. No. 22595, Nov. 1, 1927
d) Aznar v. Garcia, G. R. No. L-16749, January 31, 1963 -
renvoi (choice of law rules)
Art. 17 - lex loci celebracionis
a) Raytheon v Rouzie, GR 162894, February 26, 2008
Art. 18 - Code of Commerce and special laws
a) Zamoranos v People, G.R. No. 193902, June 1, 2011
b) Villagracia v Sharia, GR 188832, April 23, 2014
HUMAN RELATIONS
Arts. 19 and 21
a) Saudi Arabian Airlines v. CA, Milagros P. Morada and
Hon. Rodolfo A. Ortiz, Presiding Judge of Branch 89, RTC
QC., G. R. No.122191, Oct. 8, 1998
b) PNB v. CA, G. R. No. 27155, May 18, 1978
Art. 20 -
a) Albenson Enterprises v. CA, G. R. No. 88694, January 11,
1993
Art. 22-25
a) Arturo Sarte Flores v. Sps. Enrico Lindo and Edna Lindo, G.R.
No. 183984, April 13, 2011
b) Domingo Gonzalo v. John Tarnate, Jr., G. R. No. 160600,
January 15, 2014
4
Arts. 26-31 Human Dignity
a) Blas Ople v. Ruben Torres, G.R. No. 127685, July 23, 1998
b) Cordero v. Buigasco, G. R. No. 34130-R, April 17, 1972
Arts. 32-35 - authority to file independent civil actions which
include action for damages, for violation of civil and political
rights, defamation, fraud, physical injuries, and neglect of public
officers.
a) Madeja v. Caro, 126 SCRA 293
b) Newsounds Broadcasting Network v. Dy, G. R. Nos. 170270
and 179411, April 2, 2009
c) Corpuz v. Paje, G.R. No. 26737, July 31, 1969