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Nielgem S.

Beja
Civil Law Review 2017
Atty. Jugador

CIVIL LAW REVIEW Article 9: No judge or court shall decline to render judgement by reason
of silence, obscurity or insufficiency of the laws.
Meaning of LAW:
Juridical proposition or an aggregate of juridical propositions, promulgated Applicability
and published by the competent organs of the state in accordance with the This does not apply to criminal prosecutions
Constitution. o Reason: When there is no law punishing an act, the
case must be dismissed
Civil Law:
Mass of precepts which determines and regulates the relations of assistance, Obscurity or deficiency of Law
authority and obedience among the members of the family, and those which In such cases, the court should clarify it in the light of the rules of
exist among members of the society for the protection of private interests. statutory construction
If it is silent or insufficient, the court should fill the deficiency by
Civil Code: resorting to customs or general principles of law
Collection of laws which regulate the private relations of the members of the
society, determining their respective rights and obligations, with reference to Suppletory to Law
persons, things and civil acts. Where there is no statute exactly applicable to the point of
controversy, the custom of the place shall be applied, and in the absence,
Article 1: This act shall be known as the Civil Code of the Philippines thereof , the general principles of law.

Customs
Definition: The juridical rule which results from constant and
continued uniform practice by the members of a social community, with
respect to a particular state of facts, and observed with a conviction that it is
juridical obligatory.

Requisites of Customs
1. Plurality of acts, or various resolutions of a juridical questions
raise repeatedly in life
2. Uniformity or identity of the acts or various solutions to the
juridical question
3. General practice by the great mass of the social group
4. Continued performance of these acts for a long period of time
Article 8: Judicial decisions applying or interpreting the laws or 5. General conviction that the practice corresponds to a juridical
Constitution shall form part of the legal system of the Philippines. necessity or that it is obligatory.
6. The practice must not be contrary to law, morals or public order.

Decisions Distinguish from law

Not source of Law Customs Law


But the Courts interpretation of a statute constitutes part of the Origin: From the Society From the governmental power of
law as of the date it was originally passed. the State
o The courts construction merely establishes Spontaneous Conscious creation
contemporaneous legislative intent that the Form: Tacit, being manifested in acts Express, manifested in solemn and
interpreted law carried into effect. of usages official form
Unwritten Law Written law
Double function of Judges
1. To fill the deficiency of legislation and provide a rule for the facts What custom applied?
of a given case for which there is neither positive provision of law
nor established custom Presumption: a person who performs a juridical act, not provided for by law,
2. To adapt and adjust rigid and inflexible provisions of law rendered acts according to the custom of the place.
inadequate by time and circumstances to the changing conditions
of life and society so that the law may accomplish its social When the place where the court is located and the domicile of the parties
are different, and each place has a different custom,
Stare Decisis o It is presumed that they knew the custom of their
domicile and not that of the courts location.
Adherence to judicial precedents.
Requires courts in a country to follow the rule established in a If the domicile of the parties are different (with different customs)?
decision of the Supreme Court thereof. There is no reason for making a reference and the matter should be
o That decision becomes a juridical precedent to be treated as if there is no custom(Manresa).
followed in subsequent cases by all courts in the land.
Another view: in the absence of preference, the general rule
should be to apply the custom of the place for the performance ir
consummation of the juridical act.
It is based on the principle that once a question of law has been
examined and decided, it should be deemed settled and closed to Article 10: In case of doubt in the interpretation or application of laws, it
further argument. is presumed that the law making body intended right and justice to
Note: this does not mean blind adherence to precedents prevail.
Nielgem S. Beja
Civil Law Review 2017
Atty. Jugador

Application: in case of doubt, and when all other rules of interpretation fail 3. Those committed outside the bases by any
member of the Armed forces of the US against
Article 11: Customs which are contrary to law, public order or public the security of US
policy shall not be countenanced. The PH shall have jurisdiction over all other offenses committed outside the
bases by any member of the Armed forces of US.
Article 12: A custom must be proved as a fact, according to the rules of
evidence Article 15: Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of the
Non- existence of custom Philippines, even though living abroad.
When the alleged custom or usage is not known to those who, from business
connections, have the best means of knowing it, this ignorance is, in some Theories on Personal Law
sense, positive evidence of its non-existence.
Domiciliary Theory
Article 13: When the law speaks of years, months and days or nights, it The personal laws of a person are determined by his domicile
shall be understood that years are of three hundred sixty-five days each;
months, of thirty days; days, of twenty-four hours; and nights from Nationality Theory
sunset to sunrise. Nationality or citizenship is the bases for determining the personal
If months are designated by their name, they shall be laws of an individual
computed by the number of days which they respectively have.
If computing a period, the first day shall be excluded, and the
Applicability of the Article
last day included.
Applicable only to purely personal relations and the status and
capacity for juristic acts.

Capacity to Contract
If under the law of the state of which a party to a contract is a
citizen, he is already of age at the time he enters into the contract, he cannot
set such contract aside on the ground of minority
o Even under the laws of PH he is still a minor

Renunciation of Allegiance
Governed by National Law
Article 14: Penal Laws and those of public security and safety shall be
obligatory upon all who live or sojourn in the Philippine territory, subject
to the principles of public international law and to treaty stipulations.
Foreign Adoption
Under PIL: __________________
Aliens owe local and temporary allegiance to the government of the country
where they are.
Article 16: Real Property as well as personal property is subject to the
Civil rights of Aliens
law of the country where it is situated.
Aliens enjoy the civil rights guaranteed by the Constitution to all
However, intestate and testamentary succession, both with
the inhabitants of the State. respect to the order of succession and to the amount of successional rights
and the intrinsic validity of testamentary provisions, shall be regulated by
The enjoyment of civil rights is independent of citizenship the national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the country
International Law: Principle of Extraterritoriality wherein said property may be found.
Foreigners may be exempted from the operation of the laws of the
Philippines: Law on Property
1. When the offense is committed by a foreign sovereign while in Property is subject to the laws of the country in which it is located
Philippine territory
2. When the offense is committed by diplomatic representatives Real Property
3. When the offense is committed in a public or armed vessel of a The legal and actual situs of immovables are the same
foreign country.
Personal Property
Offenses in Merchant Vessel Shall be governed by the laws of the place where it is located.
Merchant vessels of foreign registry do not enjoy Extraterritorial
Privilege of foreign public or war vessels. Article 17: the forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they
Exemption by Treaty are executed.
RP-US Military Bases Agreement of 1947| The US shall have When the acts referred to are executed before the diplomatic
jurisdiction over the following offenses: or consular officials of the Republic of the Philippines in a foreign
1. Those committed in any base by any person country, the solemnities established by Philippine laws shall be observed
exempt when the offender and offended party in their execution.
are both Filipino citizens, or when the offense is Prohibitive laws concerning persons, their acts or property,
against the security of the Philippines and those which have their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgements
2. Those committed outside the bases, when the
promulgated, or by determinations or conventions agreed upon in a
offender and the offended party are both
foreign country.
members of the Armed forces of the US
Foreign Judgement
Nielgem S. Beja
Civil Law Review 2017
Atty. Jugador

Philippine Legislative policy cannot be defeated by foreign


judgement obtained by Filipino Citizens.

Validity of Effects and Obligations


Principles to be followed:
1. Law designated by the parties shall be applied
o No stipulation: Parties of same nationality
Their national law shall be applied
o No Stipulation: Different Nationality
Law of the place of its perfection shall
apply for its essence and nature

Law of the place of the performance shall


government the fulfilment

If the places are not specified and cannot


be deduced from the nature and
circumstances of the obligation :

The law of the domicile of the


passive subject shall apply
Note:
Passive subject- person who has the duty to fulfil the obligation

Article 18: In matters which are governed by the Code of commerce and
special laws, their deficiency shall be supplied by the provisions of this
code.