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In case of silence, obscurity or insufficiency of the law with respect to a particular controversy
If the law is silent, or is obscure or insufficient with respect to a particular controversy, the judge shall apply
the custom of the place, and in default thereof, the general principles of law and justice.
Customs
Customs are rules of conduct, legally binding and obligatory, formed by repetition of acts uniformly observed
as a social rule.
Necessity of proving customs
GR: A custom must be proved as a fact, according to the rules of evidence (NCC,Art. 12).
XPN: Courts may take judicial notice of a custom if there is already a decision rendered by the same court
recognizing the custom.
Requisites before such custom could be considered a source of right
1. Plurality of acts;
2. Uniformity of acts;
3. General practice by the great mass of the people of the country or community;
4. Continued practice for a long period of time;
5. General conviction that the practice is the proper rule of conduct;
6. Conformity with law, morals or public policy (Tolentino, 1987).
Application of customs in civil cases

In civil cases, customs may be applied by the courts in cases where the applicable law is:
a. Silent
b. Obscure
c. Insufficient
NOTE: Provided said customs are not contrary to law, public morals, etc.
Non-applicability of customs in criminal cases
In criminal cases, customs cannot be applied because of the maxim nullum crimen nulla poena sine lege
(There is neither crime nor punishment, without a law).
LEGAL PERIODS
Computation of period
1. Year – 12 calendar months (CIR v. Primetown Property Group, Inc., G.R. No. 162155, August 28, 2007).
NOTE: In the said case, the Supreme Court declared that the provision of Section 31, Chapter VII, Book I of the
Administrative Code of 1987, being a more recent law, governs the computation of legal periods with
respect to counting “a year.”
A Calendar Month is “a month designated in the calendar without regard to the number of days it may
contain.” It is the “period of time running from the beginning of a certain numbered day of the next month,
and if there is not sufficient number of days in the next month, then up to and including the last day of that
month.”
Illustration: One calendar month from December 31, 2007 will be from January 1, 2008 to January 31, 2008;
one calendar month from January 31, 2008 will be from February 1, 2008 until February 29, 2008. Hence,
twelve calendar months from December 31, 2007 is December 31, 2008; while twelve calendar months from
January 31, 2008 to January 31, 2009 (Rabuya, 2009).
2. Month – 30 days, unless designated by their name, in which case, they shall be computed according to the
number of days which they respectively have;
3. Day– 24 hours;
4. Night time – from sunset to sunrise;
5. Week – 7 successive days regardless of which day it would start;
6. Calendar week – Sunday to Saturday.
NOTE: In the computation of period, the first day shall be excluded, and the last day included.
If the last day falls on a Sunday or a legal holiday
If the act to be performed within the period is:
1. Prescribed or allowed by:
a. The Rules of Court;
b. An order of the court; or
c. Any other applicable statute.
The last day will automatically be the next working day. CIVIL LAW
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U NIVERSITYOFSANTOT OMAS201 9GOLDENN OTES
2. From a contractual relationship – The act will still become due despite the fact that the last day falls on a
Sunday or a legal holiday.
CONFLICT OF LAWS
GENERAL PRINCIPLES
Private international law
It is a part of municipal law of a state which directs its courts and administrative agencies when confronted
with a legal problem involving foreign element, whether or not they should apply the foreign law.
Conflict of laws
It is the inconsistency or difference between the laws of different states or countries, arising in the case of
persons who have acquired rights, incurred obligations, injuries or damages, or made contracts, within the
territory of two or more jurisdictions. (Black’s Law Dictionary, Fifth Edition)
Functions of private international law
Functions of private international law
1. Prescribes conditions under which a court or agency is competent to entertain proceedings with foreign
elements’
2. Specifies the circumstances in which foreign judgment will be recognized as valid and binding in the forum;
3. Determines the particular system of law for each class of cases to ascertain the rights of the parties (Paras,
1990)
Elements of Conflict of laws

1. Legal problem or case involving foreign element;
Foreign element – a factual situation cutting across territorial lines, affected by diverse laws of two or more
states.
2. Primary function is to determine whether the law or judgments of other state/s will govern and if so the
extent if its recognition or application in the forum (Coquia, 2000).
Private International Law v. Public International law

Two views:
1. Monist school - Both subjects are essentially the same, because they manifest a single concept of law,
ultimately addressed to the same individual
2. Dualist School - This school of thought differentiates private and public international law in the following
manner:
Private international Public International
law law
As to nature
Municipal in character International in
character
As to persons involved
Private individuals Sovereign states and
other entities
possessed of
international
personality
As to transactions involved
Private transactions Transactions generally
with private affect public interest;
individuals or of interest only to
sovereign states
As to remedies and sanctions
Resort to municipal Remedies may be
tribunals peaceful or forcible

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In case of silence, obscurity or insufficiency of the law with respect to a particular controversy

Application of customs in civil cases

Elements of Conflict of laws

Private International Law v. Public International law

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