CIVIL LAW REVIEWER 2.

the right granted to prepare at least

two days before trial is waivable,
4 Laws shall have no retroactive effect unless the
ART expressly or impliedly
contrary is provided. 3. the right to object to testimony of a
- Ex post facto law – a law passed after the wife on information obtained because
occurrence of a fact or commission of an of her domestic relations with is
act which retrospectively changes the husband
legal consequences or relation of such 4. the right of the accused to be helped
deed by counsel
- Bill of attainder - a legislative act which 5. the right of the criminal case to have a
inflicts punishment without trial. Its essence preliminary investigation
is the substitution of a legislative for a 6. the venue of actions, but not the
judicial determination of guilt. court’s jurisdiction
EXCEPTIONS 7. Taxpayer may waived the benefit
- If the law itself provide for retroactivity granted by law (ex. Execution of
- If laws are remedial in nature chattel mortgage to secure the
- If the stature is penal in nature payment of the same
o It is favourable to the accused or 8. Accepting compensation as executor
convict or administrator
o An accused or convict is not a 9. The right for back pay for employee
habitual delinquent (habitual who has been dismissed particularly
delinquent in a period of 10 years when he has been put back to work
after conviction the offender was
found guilty for the third time or ART7 Laws are repealed only by subsequent ones,
oftener) and their violation and non-observance chall not
- If the law is of an emergency nature and be an excuse for disuse, customs and practice to
are authorized by the police power of the the contrary
government
- If the law is curative When courts declare the law to be inconsistent
- If a substantive right be declared for the with the Constitution, the former shall be void and
first time, unless vested rights are impaired. the latter shal govern

Art 6
Rights may be waived unless the waiver is contrary Administrative and executive acts, order and
to law, public order, public policy, morals, good regulation shall be valid only when they are not
customs, or prejudicial to a third person with a right contrary to the laws or the Constitution
recognized by law
Effect of a law that has been declared
RIGHTS THAT CANNOT BE WAIVED unconstitutional – it confers no rights, creates no
1. -Natural Rights (as provided by the office, affords no protection an justifies no action
constitution, art 3 bill of rights) perform under it.
2. Alleged rights which really do not yet
exist(ex. inheritance prior to death of - Notes :
the person whose succession is under o if law is contrary to constitution,
consideration) constitution shall prevail
3. those the renunciation of which would o If general law was enacted prior to
infringe upon public policy (ex. Right of special law, the latter shall be
the accused to due process) considered as exceptions of the former
4. when waiver is prejudicial to a third o If general law was enacted after the
person with a right recognized by law ( special law, the special law shall
ex. Waiver of inheritance by the remain valid unless : there is an express
parents without consideration of the declaration to the contrary,
rights of his children to the said clear,necessary and irreconcilable
inheritance) conflict;or the subsequent general law
RIGHTS THAT MAY BE RENOUNCED covers the whole subject of the special
1. support in arrears (ex. Support for law
children)
Articles 8,9, 10 are about judicial decisions,
application and interpretation of law
-when the law is silence, obscure or insufficient
or if there is no law penalizing a crime/act the judge
should render judgment in favour of the accuse (ex
post facto rule)

Articles 11 and 12, are about customs and their

consideration in the legal system

Article 13 When the laws speaks of years, months,

days and nights, it shall be understood that years are
365 days each: months, 30 days; days, 24 hrs, and
nights from sunset to sunrise.

- If months are designated by their names,

they shall be computed by the numbers of
days which they respectively have

- In computing for period, the first day shall

be excluded and the last day included

Notes : for ordinary contracts – if the last day falls on a

Sunday or legal holiday the last day should be that
day or that Sunday or legal holiday
For the rules of courts, order of courts and any
other applicable statute, if the last day falls on a
Sunday or Holiday, it shall be understood that the last
day is the next day provided that it is not a Sunday or
legal holiday
LAWS TO APPLY, PERSONS
LAW/RIGHTS/OBJECT EXCEPTIONS
GOVERNED
Art 14 PENAL laws and those of public security and safety shall Public international law
be obligatory upon all who live and sujourn in the Philippine and treay stipulation
Penal laws application all citizen of philippines,
territory subject to public international laws and treaty (diplomats, foreign military,
stipulation etc)
art 15 Laws relating to family rights or duties, and of status,
Family rights and duties,
condition or legal capacity of persons shall be binding upon national law of the person
status and legal capacity
citizens of the Philippine, although living abroad
Art 16 Real property as well as personal property shall be
subject to the laws of the country where they are situated.

However, intestate and testamentary succession both with Intestate and testamentary
respect to the order of succession, the amount of successionary succession will be based on
Property where they are situated
rights and the intrinsic validity of testamentary provisions shall the national law of the
be regulated by the national law of the person whose deceased
succession is under consideration, whatever the nature of
property is and regardless of the country wherein said property
may be found
Art 17 The forms and solemnities of contracts, wills and other
public instruments shall be governed by the laws of the country
which they are executed
when the acts referred to are executed before a doplimatic or
consular officials of the republic of the Philippines in foreign if executed before the
conutry, the solemnities established by the Philippine law shall consular and diplomatic
Solemnities or contracts,
be observed in their execution laws of the country where officials within the consulars
will and public
they are executed office (extensions of phil
instruments
Prohibitive laws concerning persons, their acts or property and territory) philippine laws will
those which have for their object public order,public policy apply
and good customs shall not be rendered ineffective by laws or
judgments promulgated or by determinations or conventions
agreed upon in a foreign country
Art 19 Every person must in the exercise of his rights Art 22 and 23 – indemnity by reason of unjust
and performance of his duties should act with justice, enrichment
give everyone his due, and observe honesty and
good faith Art 22 Every person who through an act of
performance by another, or any other means,
Art 20, 21, 27 and 28 Indemnity for damages
acquires or comes into possession of something at the
Art 20 Every person who, contrary to law, wilfully or expense of the latter without just or legal ground shall
negligently causes damages to another, shall return the same to him
indemnify the latter for the same

Art 21 Any person who wilfully causes loss or injury to

Art 23 Even when an act or event causing damage to
another in a manner that is contrary to morals, good
another’s property was not due to thefault or
customs or public policy shall compensate the latter
negligence of the defendant, the latter shall be liable
for the damage
for indemnity if through the act or event he was
Art 27 Any person suffering material or moral loss benefited
because a public servant or employee refuses or
ART 24 – Protection of the weak party
neglects, without just cause, to perform his official
duty may file an action for damages and other relief “in all contractual, property or other relations, when
against the latter, without prejudice to any disciplinary one of the parties is at a disadvantage on account of
administrative action his moral dependence ignorance, indigenc, mental
weakness, tender age or other handicap, the courts
Art 28 Unfair competition in agricultural, commercial or
must be vigilant for his protection.
industrial enterprises or in labor through the ise oof
force, intimidation, deceit, machination or any other
unjust, oppressive or high-handed method shall give
rise to a right of action by the person who thereby
suffers damages.

Parens patria – father or parent of his country, the sovereign power of the state in safeguarding the rights of
person under disability, such as the insane and he incompetent

Human relations
Interests Protected Torts/ Provisions involved Articles
Person Physical injuries and
Freedom from contact movements
Art 26, Art 24
Freedom from distress Quasi dilect
Moral Damages
Dignity
defamation
Reputation
Violation of privacy Art 26
Privacy
Malicious Prosecution
Freedom from wrongful action
Property
Nuisance: Quasi-dilect
Real Property
Economic/ Pecuniary Interference
Contracts w/contractual rights
Freedom from deception Fraud
Art 29,30 – RELATIONSHIP BETWEEN CIVIL AND  a person criminally liable is also civilly liable; if
CRIMINAL LIABILITY (CIVIL LIABILITY/ACTION ARISING the accused be acquitted because of
FROM CRIMINAL ACTION – SEPARATE CIVIL ACTION) prescription of the crime, he is released only
from criminal responsibility, not civil liability, as
Art 29 “when the accused in a criminal prosecution is the latter only requires a preponderance of
acquitted on the ground that his guilt has not been evidence. Note: ART 29 and 30 does not speak
proved beyond reasonable doubt, a civil action for of independent civil action.
damages for the same actor omission may be  After the criminal action has been
instituted. Such action requires only a preponderance commenced the separate civil action arising
of evidence. Upon motion of the defendant, the court therefrom cannot be instituted until final
may require the plaintiff to file a bond to answer for judgment has been entered in the criminal
damages in case the complaint should be found to action
be malicious.  If the criminal action is filed after the said civil
If in a criminal case the judgment of acquittal is based action had already been instituted the latter
upon reasonable doubt, the court shall so declare. In shall be suspended in whatever state it may
the absence of any declaration to that effect, it may be found before judgment on the merits. The
be inferred from the text of the decision whether or suspension shall last until final judgment is
not the acquittal is due to that ground.” rendered in the criminal action, nevertheless
before judgment on the merits rendered in the
Art 30 “When a separate civil action is brought to civil action, the same may, upon motion of the
demand civil liability arising from a criminal offense, offended party be consolidated with the
and no criminal proceedings are instituted during the criminal action in the court trying the criminal
pendency of civil case, a preponderance of action
evidence shall likewise be sufficient to prove the act  Only separate civil actions (civil actions arising
complained of” from crime) can be suspended with the filing
of the criminal action
NOTE: Art 31, 32,33,34 – INDEPENDENT CIVIL ACTION

INDEPENDENT AND SEPARATE CIVIL ACTION

-
ART 29 SEPARATE ( A Civil liability arising from criminal action)
Art 30 Separate civil action is suspended with the filing of
criminal action
Art 31
definition of independent civil action ( one that is
brought distinctly and separately from criminal case);
obligation does not arise from crime but from some
other act - like a contract or legal duty e.g criminal
action for concubinage and civil action for separation
of property ( please note separation of property la ini
not nullity of marriage because if it is the latter it
becomes a prejudicial question to the former)

Art 32 INDEPENDENT :Breach of constitutional rights/ civil

liberties (Scope: Public officials or employee and any
private individuals nt including the judge except on
cases that falls on Art 27
art 33 INDEPENDENT :Defamation, fraud and physical injuries
(ex. BP 22 - bouncing check law which is a criminal
offense and fraud as civil offense could be
independently filed)
Art 34 INDEPENDENT :Refusal or failure of city r municipal
police to give protection