Presumed knowledge of the law is the principle in jurisprudence that one is bound by a law even if one does not

t know of it. It has also been defined as the "prohibition of ignorance of the law".

The concept comes from Roman law, and is expressed in the brocard ignorantia legis non excusat. The essential public character of a law requires that the law must apply to anyone in the jurisdiction where the law applies. Thus, no one can justify his conduct on the grounds that he was not aware of the law. Generally, a convention exists by which the laws are issued and rendered accessible by methods, authors and means that are simple and well known: the law is readable in certain places (some systems prescribe that a collection of the laws is copied in every local city council), is made by certain authorities (usually sovereign, government, parliament, and derivative bodies), and enters into effect in certain ways (many systems for instance prescribe a certain number of days - often 15 - after issue). This is commonly intended as aconstitutional regulation, and in fact many constitutions or statutes exactly describe the correct procedures. However, some recent interpretations weaken this concept. Particularly in civil law, regard can be had to the difficulty of being informed of the existence of a law considering the lifestyle of the average citizen. On the penal side, the quality of the knowledge of the law can affect the evaluation of the animus nocendi or the mens rea, in that certain subjective conditions can weaken personal responsibility. The theme was widely discussed, also for political reasons, at the time of the Enlightenment and in the 18th century, given the heavy proportion of illiterate citizens in European countries (who would have some difficulties being aware of all the laws in a country). It was then argued that both the presumed knowledge and the heavily increasing corpus of national legislation were working in favour of lawyers rather than citizens. In recent times, some authors have considered this concept as an extension of (or at least as analogous to) the other ancient concept (typical of criminal law) that no one can be punished under a law that was issued after the action was committed (non-retroactivity of the law. See ex post facto). This interpretation is however disputed, given that the matter would hierarchically more properly refer to a constitutional doctrine rather than to a civil or penal one. Some modern criminal statutes contain language such as stipulating that the act must be done "knowingly and wittingly" or "with unlawful intent," or some similar language. Repeal of Laws What is a repeal? It is the abrogation of annulling of a previously existing law by enactment of a subsequent statute which declares that the former law shall be revoked and abrogated (an express repeal) or which contains provisions so contrary or irreconciliable with those of the earlier law that only one of the two statutes can stand in force (an implied repeal). (Black's Law Dictionary, 4th ed., p. 1463; cited in Dean JJ Laurel's book on Statutory Construction) What is that in English? A repeal simply means we're not following the old law anymore because of the new one. What is the difference between a repeal and an amendment? Repeal means complete abrogation or abandonment of the law while amendment is merely a modification of it, leaving some parts intact. What about a repeal and a suspension? Repeal is permanent while suspension is merely temporary.

What is the rule on repeals in the Philippines? According to Article 7 (1) of the Civil Code: Laws are repealed only by subsequent ones and their violation and non-observance shall not be excused by disuse or custom or practice to the contrary.

Can you give an example? Well, the law against jaywalking can only be repealed by a law to the contrary (a law allowing anyone to cross any point of the road). Whether people don't follow this rule or not anymore does not repeal this law. What are the kinds of repeal? There are two flavors: 1. Express 2. Implied

What is an express repeal? A repeal is express when it literally and categorically states so. For example: This Proclamation 1021 expressly repeals Proclamation 1017. What is an implied repeal? A repeal is implied, without saying it is a repealling law, when the second law is so contrary to the first one that it cannot be reconciled. For example: First law: One plus one shall be two. Second Law: One plus one shall be three. (If the second law does not say, "This law implies the first law," then it repeals that law impliedly. What is the presumption as regards implied repeals? The Philippine legal system frowns upon implied repeals. Hence, there is a presumption here against it. With the exemption of penal laws, it is holds all the more true because the lawmakers would have expressly repealed outright such law if they really wanted it repealed. Are repeals retroactive? As a general rule, a repeal is not retroactive except in penal laws, if it is in favor of the accused. DOCTRINE OF STARE DECISIS Abstract: Stare decisis has been called many things, among them "a principle of policy," "a series of prudential and

pragmatic considerations," and simply "the preferred course." Often overlooked is the fact that stare decisis is also a judicial doctrine, an analytical system used to guide the rules of decision for resolving concrete disputes that come before the courts. This Article examines stare decisis as applied by the U.S. Supreme Court, our nations highest doctrinal authority. A review of the Courts jurisprudence yields two principal lessons about the modern doctrine of stare decisis. First, the doctrine is comprised largely of malleable factors that carry neither independent meaning nor predictive force. Second, most of the factors that populate the doctrine are best understood as evincing, either explicitly or implicitly, a driving concern with the reliance interests that could be upset by the decision to overrule a given precedent. When stare decisis is reconceptualized in terms of these reliance implications, there emerges a blueprint for doctrinal reform. In short, this Article suggests that the Court should begin by clearing away the distracting, indirect proxies for reliance that dominate the current jurisprudence. In their stead, the Court should construct a new framework that focuses directly, rigorously, and systematically on the fundamental reliance considerations themselves. Such an undertaking, it must be acknowledged, will present significant challenges. But embracing those challenges is necessary if we hope to move toward a doctrine of stare decisis that delivers on its longstanding promise to promote stability, coherence, and the rule of law. Applicability of Laws to Aliens (Art. 14) Article 14. In case the alien, who is sixteen years of age or over (excluding less-than-one-year resident), makes the application under Article 3, Paragraph 1, Article 6, Paragraph 1, Article 6-2, Paragraph 1 or 2, Article 7, Paragraph 1, Article 9-2, Paragraph 1 or Article 11, Paragraph 1 or 2, he shall affix his signature on the registration card and signature card at the time of submitting the application form for application under those provisions. However, this provision shall not apply in the case where the application has been made by his proxy in accordance with Article 15, Paragraph 2, or if the alien cannot affix his signature at the time of submitting the application form for application under those provisions. 2. In the case of a less-than-one-year resident, who is sixteen years of age or over, making an application under Article 9-3, Paragraph 1, he shall affix his signature on the registration card at the time of submitting the application form for application under that provision. However, this provision shall not apply in cases where the application has been made by a proxy in accordance with Article 15, Paragraph 2, or if the alien cannot affix his signature at the time of submitting the application form for application under that provision. 3. The method of affixing one's signature and other necessary matters concerning the signature in the preceding two paragraphs, shall be prescribed by Cabinet Order. 4. The mayor of the city or the head of the town or village shall transfer and reprint the signature affixed on the registration card or signature card at the time of the application, for the issuance of the registration certificate in accordance with Paragraph 1 or 2 to the registration certificate to be delivered in pursuant to the provisions of Article 5, Paragraph 1, Article 6, Paragraph 4, Article 6-2, Paragraph 5, Article 7, Paragraph 4 or Article 11, Paragraph 4 Definition of Terms: 1.Lex Domicilii-law of the domicile; in conflicts,the law of one's domicile applied in the choice oflaw questions .2.Lex Fori- law of the forum; that is, the positivelaw of the State, country or jurisdiction of whose judicial system the suit is brought or remedy issought. Substantive rights are determined by thelaw where the action arose ( lex loci ) while theprocedural rights are governed by the law of theplace of the forum (Lex fori ) 3.Lex Loci -Law of the place 4.Lex Loci Contractus -The law of the placewhere the contract was made or law of the placewhere the contract is to be governed (place ofperformance) which may or may not be the sameas that of the place where it was made

5.Lex Loci Rei Sitae -Law of the place where thething or subject matter is situated; the title torealty or question of real estate law can beaffected only by the law of the place where it issituated 6.Lex Situs -Law of the place where property issituated; the general rule is that real property isgoverned by the law of the State where it issituated 7.Lex Loci Actus -Law of the place where the actwas done 8.Lex Loci Celebrationis -Law of the place wherethe contract is made9. Lex Loci Solutionis -Law of the place ofsolution; the law of the place where payment orperformance of a contract is to be made 10.Lex Loci Delicti Comissi Law of the placewhere the crime took place 11.Lex Mercatoria -Law merchant/commercial law;system of laws adopted by all commercial nationsand constitute as part of the law of the land; partof common law

12.Lex Non Scripta- the unwritten common law,which includes general and particular customsand particular local law 13.Lex Patriae -National law 14.Depecage Where different aspects of a caseinvolving a foreign element may be governed bydifferent systems of law 15.Renvoi Doctrine Doctrine whereby a juralmatter is presented which the conflict of lawsrules of the forum refer to a foreign law which inturn, refers the matter back to the law of theforum or a third State. When reference is madeback to the law of the Forum, this is said to beRemission,While reference to a third State iscalledTransmission. 16.Double Renvoi Occurs when the local court, inadopting the foreign court theory, discovers thatthe foreign court accepts the renvoi; ultimatelythen, it is the foreign internal law that will be used 17.Desistment Mutual disclaimer of jurisdiction 18.Foreign Court Theory The local forum, indeciding the case, will put itself in the position ofthe foreign court, and whatever the foreign courtwill do respecting the case, the local forum willlikewise do 19.Nationality Theory- By virtue of which the statusand capacity of an individual are generallygoverned by the law of his nationality. This isprincipally adopted in the RP. 20.Domiciliary Theory -In general, the status,condition, rights, obligations, & capacity of aperson should be governed by the law of hisdomicile. 21.Long Arm Statutes -Statutes allowing the courtsto exercise jurisdiction when there are minimumcontacts between the non-resident defendantand the forum NATIONALITY LAW THEORY The Philippines adheres to the nationality lawtheory. PROBLEMS IN APPLYING THE NATIONALITYPRINCIPLE1. MULTIPLE CITIZENSHIP In matters of status, he is usually considered bythe forum as exclusively his own national, hisadditional foreign nationality is disregarded In case the litigation arises in a third country, thelaw most consistently applied is that of thecountry of which the person is not only a nationalbut where he has his domicile or habitualresidence, or in the absence thereof, hisresidence. NOTE: Article 5 of the Hague Convention on theConflict of Nationality laws provides: a thirdstate shall, of the nationalities which such personpossesses, recognize exclusively in its territoryeither the nationality of the country of which he ishabitually and principally resident, or thenationality of the country with which in thecircumstances he appears to be closelyconnected.

MULTIPLE CITIZENSHIP ARISES DUE TO: a. Through a Naturalized Citizens Failure toComply with Certain Legal Requirements inthe country of origin

b. From a combined application of Jus Soli and Jus Sanguinis principle c. By the legislative Act of Statesd. By the voluntary Act of Individual concerned

2. STATELESSNESS Stateless persons are generally subject to thelaw of theirdomicile or habitual residence, or indefault thereof, to the law of their temporary residence . STATELESSNESS ARISES DUE TO: a. Deprivation of his citizenship for any cause,such as commission of a crime b. Renunciation of ones nationality by certainacts, express or implied; c. Voluntary release from his original state;d. If born in a country which recognizes only theprinciple of jus sanguinis of parents whoselaw recognizes only the principle of jus soli NOTE: The Convention on the Adoption on theReduction of Statelessness (1961) mandates thatthe jus sanguini country grants its nationality toperson born within its territory if he would beotherwise stateless, and the jus soli country toextend its nationality to a person who wouldotherwise be considered stateless when of hisparents is a citizen of the contracting state.

LEX SITUS The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the conflict of laws. For example, property may subject to tax pursuant to the law of the place of the property or by virtue of the domicile of its owner. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied.

When a case comes before a court and all the main features of the case are local, the court will apply the lex fori, the prevailing municipal law, to decide the case. But if there are "foreign" elements to the case, the forum court may be obliged under the conflict of laws system to consider: whether the forum court has jurisdiction to hear the case (see the problem of forum shopping); it must then characterize the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and then apply the choice of law rules to decide which law is to be applied to each class.

The lex situs is a choice of law rule applied to identify the lex causae for cases involving title to, or the possession and use of property. In law, there are two types of property: Real property is land or any permanent feature or structure above or below the surface. Ownership of land is an aspect of the system of real property or realty in common law systems (immovables in civil law systems and the conflict of laws). All other property is considered personal property or personalty in common law systems (movables in civil law systems and the conflict of laws), and this property is either tangible or intangible, i.e. it is either physical property that can be touched like a computer, or it is an enforceable right like a patent or other form of intellectual property.

Properly speaking, the term lex situs is applied only to immovable property and lex loci rei sitae ought to be used when referring to the law of the situs of movable property but this distinction is less common today and is ignored for the purposes of the conflict pages on the Wikipedia. Land has traditionally represented one of the most important cultural and economic forms of wealth in society. Because of this historical significance, it is vital that

any judgment affecting title to or the use of the land should be enforceable with the minimum of difficulty. Hence, compliance with the lex situs should produce a judgment in rem. The choice of law rules are as follows: immovables, by definition, do not move and so the identification of the lex situs will not present a problem in the majority of cases; because movables may be portable, the lex situs is the law of the state in which the personalty is resident at the time the case is heard.

TESTATE ESTATE OF EDWARD E. CHRISTENSEN vs. HELEN CHRISTENSEN GARCIA, G.R. No. L-16749 January 31, 1963 IN THE MATTER OF THE TESTATE ESTATE OF EDWARD E. CHRISTENSEN, DECEASED. ADOLFO C. AZNAR, Executor and LUCY CHRISTENSEN, Heir of the deceased, Executor and Heir-appellees, VS. HELEN CHRISTENSEN GARCIA, oppositor-appellant January 31, 1963 FACTS: Edward E. Christensen, though born in New York, migrated to California, where he resided and consequently was considered a California citizen. In 1913, he came to the Philippines where he became a domiciliary until his death. However, during the entire period of his residence in this country he had always considered himself a citizen of California. In his will executed on March 5, 1951, he instituted an acknowledged natural daughter, Maria Lucy Christensen as his only heir, but left a legacy of sum of money in favor of Helen Christensen Garcia who was rendered to have been declared acknowledged natural daughter. Counsel for appellant claims that California law should be applied; that under California law, the matter is referred back to the law of the domicile; that therefore Philippine law is ultimately applicable; that finally, the share of Helen must be increased in view of the success ional rights of illegitimate children under Philippine law. On the other hand, counsel for the heir of Christensen contends that inasmuch as it is clear that under Article 16 of our Civil Code, the national law of the deceased must apply, our courts must immediately apply the internal law of California on the matter; that under California law there are no compulsory heirs and consequently a testator could dispose of any property possessed by him in absolute dominion and that finally, illegitimate children not being entitled to anything and his will remain undisturbed. ISSUE: Whether or not the Philippine law should prevail in administering the estate of Christensen? RULING: The court in deciding to grant more successional rights to Helen said in effect that there are two rules in California on the matter: the internal law which should apply to Californians domiciled in California; and the conflict rule which should apply to Californians domiciled outside of California. The California conflict rule says: If there is no law to the contrary in th e place where personal property is situated, is deemed to follow the person of its owner and is governed by the law of his domicile. Christensen being domiciled outside California, the law of his domicile, the Philippines, ought to be followed. Where it is referred back to California, it will form a circular pattern referring to both country back and forth.

Miciano vs Brimo | 50 Phil 867 FACTS: Juan Miciano, judicial administrator of the estate in question, filed a schemeof partition. Andre Brimo, one of the brothers of the deceased (Joseph Brimo) opposed Micianos participation in the inheritance. Joseph Brimo is aTurkish citizen. ISSUE: Whether Turkish law or Philippine law will be the basis on the distribution of Joseph Brimos estates. HELD:

Though the last part of the second clause of the will expressly said that it be made and disposed of in accordance with the laws in force in the Philippine Island, this condition, described as impossible conditions, shall be considered as not imposed and shall not prejudice the heir or legatee in anymanner whatsoever, even should the testator otherwise provide. Impossibleconditions are further defined as those contrary to law or good morals. Thus,national law of the testator shall govern in his testamentary dispositions.The court approved the scheme of partition submitted by the judicialadministrator, in such manner as to include Andre Brimo, as one of thelegatees. Bellis V. Bellis 20 scra 358 Facts: Amos Bellis was a citizen of the State of Texas, and of the United States. Byhis first wife whom he divorced he had five legitimate children, by his second wife, who survived him, he had three legitimate children, and threeillegitimate children. Before he died, he made two wills, one disposing of hisTexas properties and the other disposing his Philippine properties. In both wills, his illegitimate children were not given anything. The illegitimate children opposed the will on the ground that they have been deprived of their legitimes to which they should be entitled, if Philippine law were to beapplied. ISSUE: Whether or not the national law of the deceased should determinethe successional rights of the illegitimate children. HELD: The Supreme Court held that the said children are not entitled to their legitimes under the Texas Law, being the national law of the deceased, there are no legitimes.