Civil Law (Summary)

ARTICLE 6
ARTICLE 4

general rule...rights maybe waived

Laws can be retroactive for the following

reasons...
1.) if the laws themselves provided for
retroactive
2.) if the laws are remedial in nature
3.) if the statutes is penal in nature provided
see 1/2
4.) if the laws are of emergency in nature
and are authorized by the police power of
the government.
5.) if the law is curative
6.) if a substantive rights be declared for the
first time unless vested rights are impaired.

Exceptions:
1.) when the waiver is contray to law public
order, public policy, morals, or good
customs.
2.) when the waiver is prejudicial to a third
person with the rights recognize by law.

ARTICLE 5
Mandatory and Prohibitory laws are
distinguished from permissive .while
mandatory is impose or obligated otherwise
acts would be void or invalid...directory laws
does not results in invalid acts.
Kinds of mandatory: see example...art.749
civil code.
1.) positive...something to be done
2.) negative...something should not be done.
Exceptions: for it to be valid authorizations is
provided from such acts of mandatory and
prohibitory.
1.) when the law makes the act not void but
merely voidable at the instance of the victim.
2.) when the law makes the act valid, but
subject to wrong doers to criminal
responsibility.
3.) when the law makes the acts it self void,
but recognizes some legal effects flowing
therefrom.
4.) when the law it self makes a certain acts
valid although generally they would have
been void.

Note art. 6 deals with the waiver of right not

the waiver of obligations or duties, for this
would be impossible only if the person being
possessed of certain rights and resultant
obligations or duties waive the said
rights...or if the law authorizes such waiver.
Definition...
1.) Rights... the power or privilege given to a
person and as a demandable of another.
which brings two subjects
a) active subject. person entitled and
b) passive subject person obligated to
suffer the
enforcement of right.
Further it distinguishes from real rights jus in
re and absolute rights jus in rem... it further
distinguished from personal rights jus in
personam from relative rights jus ad rem
2.) waiver means the intentional or voluntary
relinquishment of a know right...or conduct
such warrant for relinquishment.
Requirements for valid waiver:
1.) the person waiving must be capacitated
to make the waiver.
2.) the waiver must be made clearly, but not
necessarily express.
3.) the person waiving must actually have
the right which is renouncing
4.) the waiver must comply with formalities
of donation in case of debt owed.
5.) the waiver must not be contrary law,
morals, public policy.
6.) the waiver must not be prejudice others

with the rights recognize by law.

Rights cannot be renounce for the following
reasons....
1.) natural rights...the right to life.
2.) alleged rights which really do not yet
exists.
3.) renunciation which infringe upon public
policy...
a) the right tto be heard in court
cannot be renounced in advance.
b) a waiver of the legal right to
repurchase a homestead...if it is made
in advance...
c)a waiver in advance of the one
month separation pay...
d) a tenant is not allowed to waive his
right to the exemption of the rice
tenancy act...
e) a waiver of the 10 year period for
suing on a written contract...
f) a stipulation requiring the recipient

compensation...
9.) the right of a back pay of an employee
who has been dismissed..
10.) failure to ask for vacation or sick leave
after a period of five years.
11.) Prescription, if not pleaded as a defense
before or during the trial....

ARTICLE 7
laws are repealed only be subsequent ones...
source of laws in proper order...
1.) constitution
2.) laws (PD)
3.) administrative or executive acts
4.) acts
5.) regulations
How laws are repealed...
a) expressly and
b) impliedly.. but if both statutes can
stand together, there is no repeal.

of a
scholar grant to waive to transfer from
another
school.
4.) when the waiver is prejudicial to a third
person with a rights recognize by law.
Rights may be renounce for the following
reasons....
1.) support in arrears
2.) rights granted to prepare at least 2 days
before trial is waivable...
3.) the right to object to testimony of a
wife..on information.
4.) the rights of the accused to be helped by
counsel may also be waived provided the
judge inform the accused of his rights.
5.) the right of the accused on criminal care
for preliminary investigation maybe waived.
6.) the venue of actions
7.) tax payer may waive the benefits granted
by law.
8.) an executor or administrator may waive

Conflicts between general laws and special

laws this rule has to follow..
1.) if the general law was enacted prior to
special law. general law is to be followed..no
repeal
2.) if the general law enacted after the
special law... special law remains unless...
a) there is an express declaration to
the contrary...
b)or there is a clear, necessary and
unreconcilable conflict and
c) unless the subsequent general law
covers the whole subjects and clearly
intends to replace the special law on
the matter.
When laws are lapse...
laws may lapse...with considerations if it is
the president emergency powers...or the
annual appropriations law.

effect if the repealing law is itself repealed...

1.) when a law whish expressly repeals a
prior law is it self repealed, the law first
repealed shall not be revived unless it is
express so provided.
2.) when a law which repeals a prior law not
expressly but by implication, is it self
repealed the repeal of the repealing law
revives the prior law... unless it is provided
otherwise in the statutes.
non observance of the law.disuse, custom or
practice to the contrary does not repeal a
law... (art.197 of the rev. penal code.)
executive fiat cannot correct a mistake in the
law...instead it can be corrected by another
legislation.
supremacy of the constitution is base
....accordingly to the code commission last
paragraph of art.7.

A collateral attack...constitutionality of a law

or EO may not be collaterally attack... hey
are deem valid unless declares null and void
by the competent court.
grounds for declaring a law
unconstitutional....
1.) the enactment of the law may not be
within the legislative powers of the law
making body.
2.) arbitrary method may have been
established
3.) the purpose or effect violates the
constitution or its basic principles.