Vous êtes sur la page 1sur 5



Civil Law Review 1 - Course Description

A general integration of the principles in civil law covering the effects

and application of laws, the law on Human Relations, Persons and Family
Relations, Property, Ownership and its Modification, the Different Modes of
Acquiring Ownership, including Succession; Pertinent provisions of special
laws are also reviewed.



Art. 1 - This Act shall be known as the Civil Code of the Philippines.

Art. 2 - When laws take effect

Revised Administrative Code (RAC) Secs. 18-24

Exec. Order 200, Sec. 2

The Administrative Code of 1987 was enacted, with Section

3 of Chapter 2, Book VII thereof specifically providing that:

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.

(2) The records officer of the agency, or his equivalent

functionary, shall carry out the requirements of this section
under pain of disciplinary action.

(3) A permanent register of all rules shall be kept by the

issuing agency and shall be open to public inspection.
(Emphasis provided.)

a) Tañada v. Tuvera 136 SCRA 27

b) Republic of the Philippines Represented by the Department of
Energy v. Pilipinas Shell, GR No. 173918, April 8, 2008

Art. 3 - Ignorance of the law


Art. 4. Retroactivity of laws

a) Eastern Mediterranean Maritime Ltd. And Agemar Manning

Agency, Inc. v. EstanislaoSurio et al., G. R. No. 154213,
August 23, 2012
b) Simon v. Chan, G.R. No. 157547, February 23, 2011
c) Exception - Santos v. Alvarez, G.R. No. L-332. June
18, 1947 ;
d) PNB v. Office of the President, G.R. No. 164815 September 3,

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
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

Art 5. Mandatory or Prohibitory Laws (see Art. 17 3rd par)

a) Nerwin v PNOC, G.R. No. 167057, April 11, 2012
Art. 6. Waiver of rights (see Art. 2035)
a) Herrera v. Boromeo
b) Villareal v People, G.R.No.151258, February1, 2012

Art. 7 - Repeal of laws(cf. 1987 Constitution, Art. XVIII Sec. 3

FC 254, 255)
a) Thornton vs. Thornton, Aug. 16, 2004
Art. 8 - Judicial Decisions
a) De Castro v JBC, G. R. No. 191002, April 20, 2010

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


Art. 14 - Applicability of Penal Laws (cf Art. 17 (3); RPC Art.2
a) Territoriality -
General Rule: Criminal laws apply only in the Philippines;
Exception: Art. 2 of RPC
b) Generality
General rule: Criminal laws apply to everyone in the territory
(citizens and aliens)
Exceptions: Philippines can only expel aliens in the following
i. Treaty stipulation which exempts some persons within the
jurisdiction of Philippine courts (e.g. Bases Agreement)
ii. Heads of State and Ambassadors (Consuls are subject to the
jurisdiction of our criminal courts)
Art. 15 - Binding effect (cf Family Code Art. 26)
a) Tenchavez v. Escaño, 15 SCRA 355
b) Tuna Processing Inc. v Phil. Kingford, 185582, Feb. 29, 2012

Theories on personal laws:

i. Domiciliary theory - the personal laws of a person
are determined by the domicile
ii. Nationality theory - the nationality or citizenship
determines the personal laws of the individual

Philippine laws follow the nationality theory. Family rights

and duties, status, and legal capacity of Filipinos are governed by
Philippine law.

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
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
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,
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

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
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

Art. 36 - prejudicial question (see Sec. 6, Rule 111 of the Rules

of Court)
a) Maniago v. CA, G.R. No. 104392, February 29, 1996