Persons and Family Relations 1

external and internal thoughts

LAW DEFINED
is enforced by the State; otherwise, except for moral
legislation
Classification of the Law acc to its manner of promulgation
1. Natural or Moral Law
Bases of Human Positive Law
➢ applies to higher faculties (to do good and avoid evil)
Divine Pronouncements,
➢ Law of Nature → applies to both our higher and lower
- the natural moral nature of man,
faculties
- legislative enacments,

2. Positive Law - jurisprudence or juridical decisions,

- conventions or treaties,
a. Divine PL – commandments of God / Supreme being
- customs and traditions.
i. eg. 10 commandments
b. Divine Human PL – commandments of the Church
c. Human PL – eg. congressional statutes, executive orders Classification of Human Positive Law
1. Substantive Law (rights and duties - civil code)

Human Positive Law Sanchez Roman defines it as 2. Remedial Law (legal rights and claim)

➢ a rule of conduct, just, obligatory, promulgated by the competent 3. Private Law (relations of members of a community - civil law,

authority for the common good of a people or nation, w/c commercial law)

constitutes an obligatory rule of conduct for all its members. 4. Public Law (relations of the individual w/ the

elements: State/Ruler/Community as a whole - politcal law, criminal law,

○ reasonable rule of action, penal law, remedial law)

○ promulgated by competent authority, 5. Mandatory / Prohibitive Law (law is absolute / disobedience is

○ due promolgation, and punished)

○ general observance, 6. Permissive Law (laws w/c may be deviated from if individual so

otherwise a sanction may be imposed. desires)

Distinguish Human Positive Law from Morality Branch → Civil Law

one of the Leaves → Persons and Family Relations
Human Positive Law Morality
CIVIL LAW DEFINED
covers only external conduct; covers both
Persons and Family Relations 2
➢ that branch of law that generally treats of the personal and family
EFFECTS AND APPLICATIONS OF LAWS
relations of an individual,
○ his property and successional rights,
The law may be harsh, but it is still the law.
○ and effects of his obligations and contracts.
➢ Civiles → a citizen; This Act shall be known as the "Civil Code of the Philippines.
○ or Civitas (free political community) (ART.1)

Distinguish Civil Law from Political Law Code – collection of laws of the same kind; a body of legal provisions referring
to a particular branch of law.
Civil law Political Law

governs the relations bet. deals with the relationship

Civil Code – collections of laws w/c regulate the private relations of the
members of the civil society, determining their respective rights and obligations
the of the People w/ the
with reference to persons, things, and civil acts.
Members of the Governement
Community
History of Civil Code
w/ one another (1) Civil Code of Spain of 1889
- Extended to Ph by Royal Decree on July 31, 1889
- Mother act of the current Civil code - Effective on Dec. 7, 1889
is enforced by the State; otherwise, except for moral (19th century)
legislation (2) Republic Act No. 386
- Approved on June 18, 1949

Distinguish Civil Law from Civil Code Sources of Civil Code

➢ most of our Civil Laws can be found in our Civil Code (1) Spanish Civil Code of 1889
(2) Codes, laws, and judicial decisions, and work of jurist of other
Civil Code countries
(3) Doctrines laid down by Ph SC
➢ compilation of our Civil laws, arranged into books, titles, chapters, and
(4) Filipino customs and traditions
sub-heads, (5) Philippines statutes
- and promulgated by legislative authority. (6) Code Commission itself

Composition
PRELIMINARY TITLE - Consist of 2270 articles
CHAPTER 1 - Four books:
➢ Persons
Persons and Family Relations 3
➢ Property, Ownership, and its Modifications ➢ No one shall be charged with Notice Of The Statute’s Provision until
➢ Different Modes of Acquiring Ownership publication is completed and the 15-day period has expired.
➢ Obligations and Contracts
➢ Family Code repeals Art. 54 to 304,
15th day: “15 days after publication”
311 to 355,
16th day: “after 15 days following its publication”
and 397 to 406 of Book I.
Art 305-310,
FELI – first day is excluded, last day is included
356-396,
and 407-413 are not repealed. Publication is mandatory. The purpose is to give public adequate notice of
laws which are to regulate their actions and conducts as citizens. Without such
The Civil Code took effect on August 30, 1950. notice and publication, there would be no application of the maxim ignoratia
legis non excusat. (Tanada v. Tuvera, 136 SCRA 27 (1985).

EFFECTIVITY OF LAWS (ART.2)

Exception:
“Laws shall…” – all laws and not only those of general application Laws that ➢ Unless otherwise provided by the law (EO No. 200).
3
should be published: PLAC E ➢ Refers only to a law that has been duly published pursuant to the
1. Presidential Decrees; basic constitutional requirements of due process
2. Laws which refer to all statues, including local and private laws; ➢ this refers to the date of effectivity (15-day period) and not to the
3. Administrative Rules and Regulations where purpose is to requirement of publication itself.
enforce/implement existing law pursuant to a valid delegation;
4. Charter of a City / Municipal ordinances not covered by Civil Code but by Publication is indispensable, absence of which will not render the law effective
the Local Government Code (Tañada v Tuvera, 1986)
5. Circulars issued by the Monetary Board where purpose is not merely to
interpret but to fill in the details of the Central Bank Act; ➢ ILLUSTRATION:
6. Circulars and Regulations which prescribe a penalty ➢ Section 1 of P.D. No. 755 states: "Section 1. Declaration of National
for its violation (People vs. Que Po Lay, G.R. No. L- 6791, March 29, 1954); Policy. - It is hereby declared that the policy of the State is to provide
7. Executive Orders (Tañada vs. Tuvera G.R. No. L- 63915, December 29, readily available credit facilities to the coconut farmers at preferential
1986). Supreme Court Decision – not included rates; that this policy can be expeditiously and efficiently realized by the
implementation of the 'Agreement for the Acquisition of a Commercial
General Rule: Bank for the Benefit of the Coconut Farmers' executed by the Philippine
➢ A law may provide for its own effectivity. If the law is silent as to its own Coconut Authority, the terms of which 'Agreement' are hereby
effectivity, then incorporated by reference; x x x"
○ Laws shall take effect after 15 days following the completion of
publication in the Official Gazette or in a newspaper of general
circulation in the PH. (EO No. 200)
➢ The law shall take effect on the 16th day because in counting the period,
the first day is excluded and the last day included (Art. 13, NCC).
Persons and Family Relations 4
A copy of the Agreement was not attached to the Presidential Decree. - Literally immediately effective upon its approval (La Bugal-B’laan
P.D. No. 755 was published in the Official Gazette but the text of the Tribal Association, Inc. v. Ramos)
Agreement described in Section 1 was not published. Can the - Effective immediately upon its publication (Tanada v. Tuvera)
Agreement in question be accorded the status of a law? Explain. (2016
Bar Question) NOTE: 15-day period may be shorted or extended

Rules on Period Provided by Statute

A: No, the Agreement cannot be accorded the status of law. ➢ Shorter/longer period than the 15-day
L: Under the Civil Code, laws shall take effect after fifteen days ○ Such period as provided in the statute shall prevail.
following the completion of their publication in the Official ➢ Takes effect immediately
Gazette or a newspaper of general circulation in the Philippines, ○ It shall take effect immediately after publication with the 15-day
unless it is otherwise provided. period being dispensed with (Tañada vs. Tuvera G.R. No. L-63915,
A: Case law dictates that the publication must be of the full text of December 29, 1986).
the law, since the purpose of publication is to inform the public of ➢ No provision as to its effectivity
the contents of the law, it is indispensable. Otherwise, the right to ○ It takes effect 15 days following its publication.
due process of the people will be violated
C: Here, since the Agreement was never published, it can never take
effect as a law.
Publication not Required I-L
1. Interpretative regulations and those internal in nature, regulating only the
Where to publish? personnel of the administrative agency.
Pursuant to E.O. 200, publication of laws may either be in 2. Letters of Instructions issued by administrative superiors on rules or
a. the Official Gazette or guidelines to be followed by subordinates in the performance of their
b. in a newspaper of general circulation in the Philippines. duties (Tañada vs. Tuvera, ibid).
NOTE: Publication must be in full or it is no publication at all.
Date of effectivity of Municipal Ordinances is NOT covered by this rule but by the
Newspaper of General Circulation, requisite Local Government Code (Tañada vs. Tuvera, supra).
1. Published for the dissemination of local news and general publication
2. It has bona fide subscription list of paying subscribers
3. It is published at regular intervals
IGNORANCE OF THE LAW EXCUSES NO ONE (ART. 3)
NOTE: It does not mean newspaper with the largest circulation

Conclusive Presumption
Effective Immediately Upon Approval ★ Every person is presumed to know the law even if they have no actual
- Follow Art. 2, which is after 15 days following its complete knowledge of the law.
publication (Farinas v. The Executive Secretary) ★ Actual notice is not required since constructive notice is sufficient
Persons and Family Relations 5
○ Actual notice: a person being directly given notice that an existing ➢ Mistake of Law
case may affect his interest ○ this does not annul the contract, unless it's mutual and
○ Constructive notice: ‘legal fiction’; open and accessible to all; a substantial
person should have known even if they have no actual knowledge ➢ Mistake of Fact
of it ○ this annuls the contract (tackled further in ObliCon)
○ If a person can plead ignorance of the law, he can easily escape
the legal consequence of his acts, or excuse non-performance of
his legal duties
NOTE: The conclusive presumption that every person knows the law
NON RETROACTIVITY OF LAWS (ART.4)
presupposes that the law has been published if the presumption is to have
any legal justification at all
★ It applies only to mandatory and prohibitory laws.
Prospective Law Retroactive Law
★ Does not apply to foreign laws because there is no judicial notice of such
foreign laws; it must be proved like any other matter of fact (Ching Huat One which provides for, and One intended to affect transactions
vs. Co Heong L- 1211, January 30, 1947). regulates the future acts of men, which occurred, or rights which
★ Laws covered and does not interfere in any way accrued, before it became operative,
○ Covers the Philippine laws, all kinds of domestic law; however, with what has passed. and which ascribes to them effects
limited to mandatory and prohibitory laws. It does not include not inherent in their nature, in view of
those which are merely permissive. Lex prospicit, non respicit (the law the law in force at the time of their
★ Laws not covered by Art 3 looks forward, not backwards) occurrence
○ Foreign Laws – they must be specially alleged and proved for
the courts to take judicial notice of foreign laws.
○ Doctrine of Processual Presumption: if the foreign law involved is General Rule:
not properly pleaded and proved, our courts will presume that ➢ No retroactive effect.
the foreign law is the same as our local or domestic or
internal law. Exceptions: PPUT NICE
★ Ignorance of fact may excuse a party from the legal consequence of 1. Procedural or Remedial;
his conduct ➢ Only operate in furtherance of the remedy or confirmation of
○ Ignorance of fact: available defense; any act done under a rights already existing
mistaken impression of a material fact; Ignoratia legis neminen ➢ Applicable to actions pending and undetermined at the time of
excusat their passage.
○ Ignorance of law: not a defense ➢ No vested right may attach nor arise from procedural laws
Note: Mistakes in the application or interpretation of difficult or doubtful 2. Penal laws favorable to the accused;
provisions of law may be the basis of good faith and has been given the same
➢ If favorable to the accused, penal laws shall have retroactive
effect as a mistake of fact, which may excuse one from the legal
effect although at the time of its publication, a final sentence has
consequences of his conduct (Art. 526, 2155, NCC)
been pronounced and the convict is serving the same.
Persons and Family Relations 6
➢ Even if favorable to the accused, penal laws cannot be given 2. Laws that impair obligation of contracts (Asiatic Petroleum vs. Llanes,
retroactive effect if accused is a habitual delinquent G.R. No. L-25386, October 20, 1926).
3. Unless the law otherwise provides / If the law itself provides
for its retroactivity
➢ Must expressly provide ACTS CONTRARY TO LAW (ART.5)
➢ Exceptions:
General Rule:
○ Ex post facto law
➢ Acts contrary to mandatory or prohibitory laws are VOID.
- One that would make a previous act criminal although it was not
Exceptions: PAVE
so at the time it was committed
1. The law makes the act valid but punishes the violator
- Requisites:
(ex. Marriage solemnized by a person without legal authority)
(1) Refer to criminal matters
(2) Retroactive in its application 2. The law itself authorizes its validity
(3) Prejudicial to the accused (ex. lotto, sweeptakes)
○ Non-impairment of contracts 3. The law makes the act only voidanle
- Congress are prohibited in passing laws that will impair the (ex. voidable contracts where consent is vitiated)
obligation of contracts 4. The law declares the nullity of an act but recognizes its effects as legally
○ General rule: laws existing at the time of the existing. (ex. child born before annulment of marriage is considered
execution of the contract are applicable thereto legitimate)
○ Exception: law enacted in exercise of police power
to regulate activities could have retroactive effect
WAIVER OF RIGHTS (ART. 6)
4. Tax laws when expressly declared or is clearly legislative
intent (Cebu Portland Cement vs. Coll. G.R. No. 18649, February 27, General Rule:
1965); ➢ Rights can be waived.
5. laws creating New rights
Requisites for a Valid Waiver: CUR-CF
➢ Provided that the new substantive rights’ retroactivity has not
1. full Capacity to make the waiver
prejudiced another acquired right of the same origin
2. waiver must be Unequivocal
➢ (Bona vs. Briones G.R. No. L-10806, July 6, 1918; Bustamante et al.
3. Right must exist at the time of the waiver
vs. Cayas, G.R. Nos. L-8562-8563, December 17, 1955);
4. it must not be Contrary to law, public policy, morals, or good
6. Interpretative statutes; customes or prejudicial to a third person w/ a right recognized by
7. Curative or Remedial statutes; law
8. Emergency laws. 5. when Formalities are required, the same must be complied with.

Exceptions to the Exception: E-L Exceptions: C-PEN

1. waiver is Contrary to law, public order, public policy, morals or good
1. Ex Post Facto Laws;
customs;
Persons and Family Relations 7
2. if the waiver is Prejudicial to a third party with a right recognized by law. intent that the construed law purports to carry into effect (People v. Licera G.R.
3. alleged rights which are really not yet in Existence, as in the case of future No. L-39990, July 2, 1975).
inheritance
4. if the right is a Natural right, such as right to be supported. HOWEVER, when a doctrine is overruled and a different view is adopted, the new
doctrine should be applied prospectively and should not prejudice parties who
relied on the old doctrine (People v. Jabinal G.R. No. L-30061,
JUDICIAL DECISIONS FORM PART OF LEGAL SYSTEM OR
February 27, 1974).
DOCTRINE OF STARE DECISIS (ART.8)

CUSTOMS (ARTS.11 AND 12)

Doctrine of Stare Decisis
It enjoins adherence to judicial precedents and is based on the principle that once Customs
a question of law has been examined and decided, it should be deemed settled Rules of conduct formed by repetition of acts uniformly observed as a social rule.
and closed to further argument. They are legally binding and obligatory.

Judicial Decisions applying or interpreting laws shall form a part of the legal General Rule:
system of the Philippines. Customs must be proved as a fact according to the rules of evidence.
Stare decisis et non quieta movere. Let the decision stand and disturb not what is
already settled. The doctrine of stare decisis is a salutary and necessary rule. Exception:
When the Court lays down a principle of law applicable to a certain set of facts, it A court may take judicial notice of a custom if there is already a decision
must adhere to such principle and apply it to all future cases where the facts in rendered by the same court recognizing the custom.
issue are substantially the same. Else, the ideal od a stable jurisprudential system
can never be achieved (Sanguiguit vs People, G.R. No. 144054, jUne 30, 2006). Requisites to Make a Custom an Obligatory Rule: P-POT
1. Plurality or repetition of acts;
Legal Effects of Judicial Decisions 2. Practiced by the great mass of the social group;
1. No Publication required; 3. the community accepts it as a proper way of acting, such that it is
2. binding between parties after the lapse of appeal period; and considered as Obligatory upon all;
3. will bind all future cases with identical facts, until reserved by SC. 4. continued practice for a long period of Time.

Judicial decisions, although in themselves not laws, assume the same authority
as the statute itself (People vs. Licera G.R. No. L-39990, July 2, 1975).
Rule on Periods (ART. 13)

No publication required, binding on parties after the lapse of appeal period, and Rule on Periods:
will bind all future cases with identical facts, until reversed by SC. 1. Years - 365 days, unless year is identified;
2. Months - 30 days, unless month identified;
The application or interpretation placed by the Court upon a law is part of the law 3. Days – 24 hours;
as of the date of enactment of said law because the Supreme Court’s 4. Nights – Sunset to sunrise;
interpretation merely establishes the contemporaneous legislative 5. Calendar week – Sunday to Saturday;
Persons and Family Relations 8
6. Week – Count 7 days as indicated, not necessarily Sunday to Saturday. Lex Rei Sitae: The law of the country where the property is situated shall
govern property transactions. (Article 16 (1)
To count the period, Exception:
● first day is excluded, Order and amount of successional rights, intrinsic validity of
● last day is included. testamentary provisions, and capacity to succeed governed by the
national law of decedent (Article 16 (2)).
Exception:
Rule does NOT apply to computation of age; 4. Laws on forms and solemnities
each year is counted based on birth anniversary. Lex Loci Celebrationis: Forms and solemnities of contracts, wills, and
other public instruments (extrinsic validity) shall be governed by the laws
Policy if the Last Day is a Sunday or a Legal Holiday of the country in which they are executed (Article 17).
1. If the act to be performed within the period is prescribed or allowed (a) by Exceptions:
the Rules of Court, ➢ Marriage between Filipinos solemnized abroad shall be void
(b) by an order of the court, or though valid abroad when void under Philippine laws. (Article
(c) by any other applicable statute, 26(1) FC)
the last day will automatically be considered the next working day. ➢ Intrinsic Validity of Contracts: Validity is determined by the
following rules:
2. If the act to be performed within the period arises from a contractual ○ The law stipulated by the parties shall be applied;
relationship, the act will become due despite the fact that the last day ○ In default thereof, and the parties are of the same
falls on a Sunday or Holiday. nationality, their national law shall be applied;
○ If the parties are not of the same nationalities, the law of
the place of the perfection of the obligation shall govern
PROVISION ON CONFLICT OF LAW (ARTS.14-17)
its fulfillment;
1. Penal Laws and laws of public security (Article 14): ○ If the above places are not specified and they cannot be
Territoriality rule governs regardless of the nationality but subject to deduced from the nature and circumstances of the
principles of international law and to treaty stipulations. obligation, then the law of the passive subject shall apply.

2. Laws relating to family rights and duties, or to status, condition and legal
Lex Nationalii Lex Rei Sitae Lex Loci Celebrationis:
capacity of persons (Article 15): Lex Nationalii
Nationality rule applies regardless of their place of residence. Art. 15, CC Art. 16, CC Art. 17, CC
Exception:
Divorce validly obtained abroad by alien spouse capacitating him or her to Citizenship is the basis Law of the place where Law of the place where
remarry, the Filipino spouse shall have capacity to remarry under for determining the the property is situated the contract was executed
Philippine law. (Article 26 (2) Family Code) personal law is the basis for is the basis for
applicable determining law determining law
3. Laws on property (real and personal) applicable applicable
Persons and Family Relations 9
➢ The foreign law, whenever applicable, should be proved by the proponent
thereof; otherwise, such law shall be presumed to be exactly the same as
Covers family rights Covers both real and Covers only the forms and the law of the forum.
and duties, status, personal property solemnities
condition and legal (extrinsic validity) Rule of Prohibitive Laws
capacity of persons. General Rule:
➢ Prohibitive laws concerning persons, their acts or property, and laws
Exception: Exceptions: CIAO Exceptions: which have for their object public order, public policy or good customs are
Art. 26, par. 2 of Family - Capacity to succeed; - Art. 26, par. 1 of NOT rendered ineffective by laws, or judgments promulgated or by
Code - Intrinsic validity of the Family Code determinations or conventions agreed upon in foreign country. (Art.
will; - Intrinsic validity of 17(3))
- Amount of contracts Exception:
successional rights; ➢ Art. 26, par. 2 Family Code (ex. Divorce Law)
- Order of succession.

HUMAN RELATIONS

Rules on Personal Law:

ABUSE OF RIGHT (Art. 19)
Domiciliary Rule and Nationality Rule Distinguished
Elements: LEP
1. existence of Legal Right or duty;
Domiciliary Rule Nationality Rule 2. which is exercised in bad faith'
3. for the sole intent of prejudicing or inquiring another
Basis for determining personal law of Basis for determining personal law is
an individual is his DOMICILE his CITIZENSHIP
Doctrine of Violenti Non Fit Injuria (to which a person assents is not esteemed in
law as injury)
5. Renvoi Doctrine: Refers to self-inflicted injuries or to the consent to injury which precludes the
➢ Occurs when a citizen of another country dies as a domiciliary of recovery of damages by one who has knowingly and voluntarily exposed himself
another country. Where the conflict rules of the forum refer to a to danger, even if he is not negligent in doing so
foreign law, and the latter refers it back to the internal law, the law (Nikko Hotel Manila Garden, et all vs. Roberto Reyes (Amay Bisaya) G.R. No.
of the forum shall apply. 154259, Feb. 28, 2005).

Transmission Theory: Damnum Absque Injuria (damage without injury)

If the foreign law refers it to a third country, the said country’s law shall A person who exercises his legal right does no injury. HOWEVER, it cannot be said
govern. that a person exercises a right when he unnecessarily prejudices another or
offends morals or good customs.
6. Doctrine of Processual Presumption:
Persons and Family Relations 10
When damages result from a person’s exercise of rights, it is damnum absque
It is not necessary that the payment Payment was made by mistake is an
injuria (ABS-CBN v. Republic Broadcasting Corp. G.R. No. 128690, January 21,
was made by mistake, payment could essential element to maintain the
1999).
have been made knowingly and action for recovery.
voluntarily but nevertheless, there
ACTS CONTRARY TO LAW (Art. 20) would be recovery of what has been
Every person who, contrary to law, willfully or negligently causes damage to paid.
another, shall indemnify the latter for the same.

ACTS CONTRA BONUS MORES (Art. 21)

Elements: LCI
1. there is a Legal act;
2. but which is Contrary to morals, good customs, public order or public
policy; and,
3. it is done with Intent to injure.

Articles 19, 20 and 21 are related to one another and under these articles, an act
which causes injury to another may be made the basis for an award of damages
(Albenson Enterprises Corp. v. CA, G.R. No. 88694,
January 11, 1993).
Articles 19 and 21 refer to INTENTIONAL acts, while
Article 20 pertains either to WILLFUL or NEGLIGENT acts, which must be contrary
to law. (Ibid.)

PRINCIPLE OF UNJUST ENRICHMENT (ART.22)

Accion in Rem Verso

It is an action for recovery of what has been paid without just cause.
Application:
1. When someone acquires or comes into possession of something,
which means delivery or acquisition of things;
2. Acquisition is undue and at the expense of another, which means
without just or legal ground.

Accion in Rem Verso and Solutio Indebiti

Accion In Rem Verso Solutio Indebiti (Art. 2154)