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PERSONS AND FAMILY RELATIONS

SEM 1 – WEEK 1 – AUGUST 8, 2019

Republic Act No. 386 When the courts declared a law to be inconsistent
June 18, 1949 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
The Civil Code of the Philippines contrary to the laws or the Constitution. (5a)
AN ACT TO ORDAIN AND INSTITUTE Art. 8. Judicial decisions applying or
THE CIVIL CODE OF THE PHILIPPINES interpreting the laws or the Constitution shall
PRELIMINARY TITLE form a part of the legal system of the
Philippines. (n)
Art. 9. No judge or court shall decline to render
CHAPTER I judgment by reason of the silence, obscurity or
EFFECT AND APPLICATION OF LAWS insufficiency of the laws. (6)

(ARTS. 1-18) 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. (n)
Article 1. This Act shall be known as the "Civil
Code of the Philippines." (n) Art. 11. Customs which are contrary to law,
public order or public policy shall not be
Art. 2. Laws shall take effect after fifteen days
countenanced. (n)
following the completion of their publication in
the Official Gazette, unless it is otherwise Art. 12. A custom must be proved as a fact,
provided. This Code shall take effect one year according to the rules of evidence. (n)
after such publication. (1a)
Art. 13. When the laws speak of years, months,
Art. 3. Ignorance of the law excuses no one from days or nights, it shall be understood that years
compliance therewith. (2) are of three hundred sixty-five days each; months,
of thirty days; days, of twenty-four hours; and
Art. 4. Laws shall have no retroactive effect,
nights from sunset to sunrise.
unless the contrary is provided. (3)
If months are designated by their name, they shall
Art. 5. Acts executed against the provisions of
be computed by the number of days which they
mandatory or prohibitory laws shall be void,
respectively have.
except when the law itself authorizes their
validity. (4a) In computing a period, the first day shall be
excluded, and the last day included. (7a)
Art. 6. Rights may be waived, unless the waiver
is contrary to law, public order, public policy, Art. 14. Penal laws and those of public security
morals, or good customs, or prejudicial to a third and safety shall be obligatory upon all who live
person with a right recognized by law. (4a) or sojourn in the Philippine territory, subject to
the principles of public international law and to
Art. 7. Laws are repealed only by subsequent
treaty stipulations. (8a)
ones, and their violation or non-observance shall
not be excused by disuse, or custom or practice to Art. 15. Laws relating to family rights and duties,
the contrary. or to the status, condition and legal capacity of
persons are binding upon citizens of the
Philippines, even though living abroad. (9a)
PERSONS AND FAMILY RELATIONS
SEM 1 – WEEK 1 – AUGUST 8, 2019

Art. 16. Real property as well as personal PHILIPPINES AS A REQUIREMENT FOR


property is subject to the law of the country where THEIR EFFECTIVITY
it is stipulated.
WHEREAS, Article 2 of the Civil Code partly
However, intestate and testamentary successions, provides that "laws shall take effect after fifteen
both with respect to the order of succession and days following the completion of their
to the amount of successional rights and to the publication in the Official Gazette, unless it is
intrinsic validity of testamentary provisions, shall otherwise provided . . .;"
be regulated by the national law of the person
whose succession is under consideration, WHEREAS, the requirement that for laws to be
whatever may be the nature of the property and effective only a publication thereof in the Official
regardless of the country wherein said property Gazette will suffice has entailed some problems,
may be found. (10a) a point recognized by the Supreme Court in
Tañada. et al. vs. Tuvera, et al. (G.R. No. 63915,
Art. 17. The forms and solemnities of contracts,
December 29, 1986) when it observed that
wills, and other public instruments shall be
"[t]here is much to be said of the view that the
governed by the laws of the country in which they
publication need not be made in the Official
are executed.
Gazette, considering its erratic release and
When the acts referred to are executed before the limited readership";
diplomatic or consular officials of the Republic of
the Philippines in a foreign country, the WHEREAS, it was likewise observed that
solemnities established by Philippine laws shall "[u]ndoubtedly, newspapers of general
be observed in their execution. circulation could better perform the function of
communicating the laws to the people as such
Prohibitive laws concerning persons, their acts or periodicals are more easily available, have a
property, and those which have, for their object, wider readership, and come out regularly"; and
public order, public policy and good customs
shall not be rendered ineffective by laws or WHEREAS, in view of the foregoing premises
judgments promulgated, or by determinations or Article 2 of the Civil Code should accordingly be
conventions agreed upon in a foreign amended so the laws to be effective must be
country. (11a) published either in the Official Gazette or in a
newspaper of general circulation in the country;
Art. 18. In matters which are governed by the
Code of Commerce and special laws, their
NOW, THEREFORE, I, CORAZON C.
deficiency shall be supplied by the provisions of
AQUINO, President of the Philippines, by virtue
this Code. (16a)
of the powers vested in me by the Constitution,
do hereby order:

Sec. 1. Laws shall take effect after fifteen days


following the completion of their publication
Executive Order No. 200 either in the Official Gazette or in a newspaper of
June 18, 1987
general circulation in the Philippines, unless it is
otherwise provided.

PROVIDING FOR THE PUBLICATION OF Sec. 2. Article 2 of Republic Act No. 386,
LAWS EITHER IN THE OFFICIAL otherwise known as the "Civil Code of the
GAZETTE OR IN A NEWSPAPER OF Philippines," and all other laws inconsistent with
GENERAL CIRCULATION IN THE
PERSONS AND FAMILY RELATIONS
SEM 1 – WEEK 1 – AUGUST 8, 2019

this Executive Order are hereby repealed or


modified accordingly.

Sec. 3. This Executive Order shall take effect


immediately after its publication in the Official
Gazette.

Done in the City of Manila, this 18th day of June,


in the year of Our Lord, nineteen hundred and
eighty-seven.

Executive Order No. 292 or the Administrative


Code of 1987, Section 31, Chapter VIII, Book I
July 25, 1987

[BOOK I/Chapter 8-Legal Weights, Measures


and Period]

CHAPTER 8

Legal Weights, Measures and Period

xxx xxx xxx

SECTION 31. Legal Periods.—”Year” shall be


understood to be twelve calendar months; “month”
of thirty days, unless it refers to a specific
calendar month in which case it shall be
computed according to the number of days the
specific month contains; “day,” to a day of
twenty-four hours; and “night,” from sunset to
sunrise.

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