Civil Law Review 1 - Maglajos

CIVIL LAW REVIEW I 5) where the law declares the act as void, but
Atty. Maglajos recognizes the legal effects as arising from it.

Ex: Children born of void marriages are classified as
 CIVIL CODE - collection of laws, w/c regulates the illegitimate children and is entitle to the rights
private relations of the member of civil society, provided in ART.176 of the FamCode.
determining their respective rights and obligations, w/  GEN. RULE: Rights may be waived.
reference to persons, things, and civil acts. EXCEPTIONS:
 GEN. RULE: Laws shall be prospective in application. 1) when it is contrary to law, morals, good customs,
EXCEPTION: public order and public policy.
1) when the law itself expressly provides for its 2) when prejudicial to a 3rd person w/a right
retroactivity [ART.4, NCC] recognized by law
2) when the law is penal insofar as it favors the WAIVER is considered VOID in such instances:
accused who is not a habitual criminal, even a) waiver of future support
though at the time of the enactment of such law b) waiver of political rights
final sentence has already been rendered. [ART.2, c) waiver of future inheritance especially if the
RPC] waiver is intended to prejudice credits
3) when the law is procedural so long as it does not  QUESTION: In cases of silence, obscurity or
affect or change vested rights [Aguillon v. Dir. of insufficiency of the law w/ respect to a particular
Lands, 17 Phil 506] controversy, what rules shall be applied?
4) when the law creates new substantive rights ANS: The judge shall apply the customs of the place,
[ART.2263, NCC] and in default thereof, the general principles of law
5) when the law is curative in character in the sense and justice.
that the purpose of its enactment is to cure defects  DOCTRINE OF STARE DECISIS – judicial decision
or imperfections in judicial and administrative interpreting the law shall form part of the legal system
proceedings. of the Phils and such has the force of law.
6) when the law is interpretative of other laws. 
1) GEN. RULE: Acts executed against provisions of PERSONS AND HUMAN RELATIONS
mandatory or prohibitory laws shall be void.
EXCEPTIONS:  HUMAN RELATIONS - Art. 19 to 36
1) when the law itself authorizes its validity.  ART. 19 – Every person must, in the exercise of his rights
Ex. sweepstakes (form of gambling) and in the performance of his duties, act w/ justice, give
2) where a marriage was solemnized by a person everyone his due and observe honesty and good faith.
who has no legal authority, but the party or parties - can be used as basis when a person’s right has been
believing in good faith, that such person has the violated but you can’t specifically pinpoint what
authority to do so, then the marriage is VALID but particular offense is committed.
the person who solemnized the same shall be  PRINC. of ABUSE of RIGHT – a person’s abuse of his
criminally liable. right is an actionable offense.
3) where the law itself authorizes its validity, but ELEMENTS:
punishes the violator. 1) legal right or duty
Ex: A widow who remarries before the lapse of 300 2) such right or duty is exercised in bad faith
days from the death of her husband is liable to 3) there is an intention of prejudicing or injuring
criminal prosecution but the marriage itself is valid. another person
4) where the law merely makes the act voidable.  ART. 20 – Every person who, contrary to law, willfully or
Ex: A marriage celebrated through violence or negligently cause damage to another shall indemnify
intimidation or physical incapacity or fraud is valid the latter of the same.
until it is annulled by a competent court.
Page 1 of 2
- more of a general sanction for acts that are not given
specific sanction
 ART. 21 – Any person who willfully causes loss or injury
to another in manner that is contrary to morals, good
customs or public policy shall compensate the latter for
the damage.
- CONTRA BONUS MORES – act not in violation of a
particular law, however, such act violates morals, good
customs or public policy.
ELEMENTS:
1) legal act
2) act contrary to moral, good customs or public policy
3) intent to injure another person
4)
Page 2 of 2

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CIVIL LAW REVIEW I 5) where the law declares the act as void, but

Atty. Maglajos recognizes the legal effects as arising from it.

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