LAW universal juridical standards dictated by correct RETROACTIVITY when the law is made applicable to

reason (SR) situations or acts already done before the passage of

said law
CIVIL CODE a collection of laws which regulate the
private relations of the members of civil society, STATUTES WHICH MAY BE GIVEN RETROACTIVE
determining their respective rights and obligation with APPLICATION:
reference to persons, things and civil acts
1. Remedial Laws
August 30, 1950 - enacted 2. Penal Laws
3. Curative Laws
SOURCES OF CIVIL CODE 4. Emergency Laws
5. Laws creating new rights
1. Spanish Laws 6. Tax Laws
2. Foreign laws 7. As provided in the law itself
3. Foreign jurisprudence
4. Doctrinal decisions MANDATORY the omission to follow which, renders
5. Philippines Laws, the proceedings to which it relates void
6. 1935 Constitution
7. Report of the Code Commission DIRECTORY the observance of which is not necessary
8. Filipino Customs and Traditions to validity of the proceeding

LAWS THAT NEED COMPLET PUBLICATION MANDATORY STATUTORY PROVISION one which
must be observed
1. All statutes, including those of local application
and private laws DIRECTORY STATUTORY PROVISION the observance
of which is optional
2. Central bank Circular which is punitive in
character 4 WAYS OF VALIDATING A CONTRACT

3. Executive Orders 1. By expressly validating the contract

Ex. Bigamy
4. Internal instruction of Administrative agencies
2. By making the invalidity to depen on the will of
the injured party
Ex. The discretion of the injured party to annul
NEWSPAPER OF GEN CIRCULATON marriage due to vitiated consent
3. By punishing it criminally but validating the act
a. If its circulation is made within the courts
jurisdiction 4. By invalidating the act but recognizing the
legal effects as flowing from the invalid act
b. Published at regular intervals for the Ex. The marriage of a party suffering from PI
dissemination of local news and general is void, but children before the final declaration
information of the nullity of the marriage are considered
legitimate
c. With bonafide subscription list of paying
subscribers RIGHT a legally enforceable claim of one person
against another, that the other shall do a given act, or
d. Not devoted to the interest or published for the
shall not do a given act
entertainment of a particular class, profession,
trade, calling, race or religious denomination RIGHT vs. DUTY

PROCESSUAL PRESUMPTION CONCEPT
A foreign law is a matter of fact which must be proven
with evidence. In the absence of any contrary
evidence, it is presumed to be the same as our
domestic law
Right need not be exercised ,it might even be waived
but Duty must be performed, and one who does not
discharge the same must necessarily be prepared to
face the consequence of his dereliction or omission
RIGHTS which cannot be renounced

PROSPECTIVITY 1. Natural Rights

2. Alleged rights which really do not yet exist
3. Renunciaton of which would infringe upon
public policy
 4. When waiver is prejudicial to a third person 1. If the general law was enacted PRIOR to the
with a right recognized by law special law, the latter is considered the xpn to
the general law. Hence, gen. law remains
WAIVER intentional or voluntary relinquishment of a effective
known right 2. If the general law was enacted after the special
law, the special law remains unless:
It is not presumed but must be clearly and a. There is an express declaration to the
convincingly shown either by express contrary
stipulation or acts admitting no other b. There is a clear, necessary and
reasonable explanation unreconcilable conflict
c. Unless the subsequent general law covers
EXCEPTIONS (CPEN) the whole subject and is clearly intended to
replace the special law on the matter
1. Contrary to law, public policy, public order, CONDITIONS
morals, good customs
2. Prejuicial to athir person 1. If the first law is repealed by IMPLICATION by
3. Exist the second law, and the second law is itself
4. Natural Rights repealed by the third law, the first law is
revived unless otherwise provided
COVERAGE OF WAIVER
2. If the first law is repealed EXPRESSLY by the
second law, and the second law is repealed by
All rights and privileges to which a person is
the third law, the first law is not revived,
Legally entitled whether unless expressly so provided

Secured by a contract, PRINCIPLE OF STARE DECISIS principle of adherence

Conferred by statute, or
Guaranteed by the Constitution,
Provided such rights and privileges rest in
individual and are intended for his sole benefit
REQUIREMENTS OF A VALID WAIVER:
CUE CPF
1. Capacitated to make the waiver
2. Clear and UNEQUIVOCAL, but not necessarily
express
3. Existence of a right which he is renouncing
4. Must not be CONTRARY to law, public order,
public policy, morals or good customs
5. Must not be prejudicial to a third person
6. When formalities are require, the formalities
must be complied with
to precedents for reasons of stability In the law
GUIDEPOSTS of JUDGES IN RENDERING DECISIONS
when there is no law exactly applicable to the case
raised:
the 1. CUSTOMS of the place which are not contrary
2. GENERAL PRINCIPLES of laws affecting the
case
3. DECISIONS OF FOREIGN COURTS
4. OPINONS of known authors and professors
5. APPLICABLE rules in Statutory Construction
6. Principles laid down in analogous cases
CUSTOMS rule of conduct formed by repetition of
acts, uniformly observed as a social rule, legally
binding and obligatory
USAGE repetition of acts, and differs from custom in
that the latter is the law or general rule which arises
from such repetition
RULES IN MAKING A CUSTOM AND OBLIGATORY RULE

REPEAL may either be EXPRESS OR IMPLIED 1. Plurality of acts or the acts have been
repeatedly done
EXPRESS when the repealing law provides for a 2. It is generally practiced by the great masss of
provision or a repealing clause explicitly stating that a the social group
particular existing law or part of law is thereby 3. The practice has been going on for a long
repealed period of time
4. The community accepts it as a proper oway of
IMPLIED when there is no repealing clause in the acting, such that it is considered obligatory
repealing law, but the prior law and the subsequent upon all
law could not reconcile being substantially inconsistent
with one another GR: NO JUDICIAL NOTICE OF CUSTOMS
XPN: It has been proven as a fact. Its existence must
RULES FOR GENERAL and SPECIAL LAWS be proved by evidence, either by testimony of
witnesses or by documents recognizing its existence
and its observance for a long period of time
ARTICLE 14 PRINCIPLE OF TERRITORIALITY
GR: Civil laws do not apply to aliens who are governed
by their national law
But..
PENAL LAWS equally apply to aliens who live or
sojourn in the Philippines based on the principle that
during their stay, they owe allegiance to the country
though temporary in nature
EXCEPTIONS:
1. Those who under principles of public
international law enjoy diplomatic immunities
Head of States,
Foreign ambassadors or diplomats
Foreign army
Provided they do not travel incognito
2. Those expressly excluded from our jurisdiction
due to treaty stipulations
ARTICE 15 NATIONALITY RULE
Family rights and duties (Marriage, annulment, etc.
property relations, support, adoption, recognition,
succession, parental authority) are GOVERNED BY
PHILIPPINE LAW wherever the citizen may be
STATUS term used to designate the circumstances
affecting the legal situation of a person in view of his
age, nation and his fam membership
CONDITION mode or state of being; state or
situation; status or rank
LEGAL CAPACITY the legal power to enter into a
contract
ARTICLE 16 LEX REI SITAE RULE
GENERAL RULE:
REAL PROPERTY (immovable) as well as PERSONAL
PROPERTY should be governed by the law of the
country where it is situated
EXCEPTION: (This shall be governed in accordance
with the nationality of the deceased)
Incidents of succession whether INTESTATE OR
TESTAMENTARY
a. Order of succession in intestacy settles
questions of preference in succession
b. Amount of successional rights settles the
amount of succession which the heir should
receive from the inheritance
c. Intrinsic validity of the provisions of the will
effectiveness of the dispositions in the will
d. Capacity to succeed refers to the capacity of
the heirs to inherit in accordance with the
national law of the deceased
EXCEPTION TO THE EXCEPTION
RENVOI DOCTRINE referring back which arises
where our law referes a case to another country for
solution, but the law of that country referes it back to
our country for determinations
REMISSION when the reference is made back to the
law of th forum
TRANSMISSION when the reference is made to a
third state
Under Sec. 24 & 25 of Rule 132
A writing document may be proven as a public/official
record by either:
1. Official publication
2. A copy of the law attested by the officer having
legal custody of the document
If it is not kept within the Philippines
a. It should be accompanied by a certificate
issued by proper diplomatic consular officer in
Philippine Foreign service stationed in that
country
b. Authenticated by the seal of his office
ARTICLE 17 FORMS (LEX LOCI CLEBRATIONIS)
PRINCIPLE: matters bearing upon the execution,
interpretation and validity of a contract are determined
by the law of the place where the contract is made
FORMAL VALIDITY OF CONTRACT, WILL AND
OTHER PUBLIC INSTRUMENTS should be
deteremined by the law of the country where
they are executed
Note: Intrinsic validity of contracts:
1. The law stipulated by the parties shall be
applied
2. In the absence of any stipulation, if parties are
of the same nationality, their national law
3. If the parties are not of the same nationalities,
the law of the place of perfection of the
obligation
 4. If the above places are not specified, then the 2. EXEMPLARY to serve as an example
law of the domicile of the passive subject 3. NOMINAL small amount
4. TEMPERATE those which cannot be proven
PARAGRAPH 2 OF ART. 17 PRINCIPLE OF 5. ACTUAL proven by receipts
EXTRATERRITORIALITY 6. LIQUIDATED agreed upon by the parties

- Acts referred to in the first paragraph of the ARTICLE 22 UNJUST ENRICHMENT

Article executed before Philippine diplomatic
Almario vs. Pal
and consular officials in their offices abroad are
considered done in the Philippines because said No person should unjustly enriched himself at the
officer are considered extensions of Philippine expense of another
territory
REQUISITES:
ARTICLE 19 PRINCIPLE OF ABUSE OF RIGHTS
1. A person is unjustly benefited
If a person acts with abuse, his right to act ceases and 2. Such benefit is derived at the expense or with
his act becomes illicit, giving rise to liability damage to another

GOOD FAITH an honest intention to refrain from ACCION IN REM VERSO

taking undue advantage of another while bad faith
presupposes a dishonest purpose of some moral
obliquity and conscious performance of a wrong
Note: The absence of GOODFAITH is essential to abuse
of right
Recovery for what has been paid without just cause.
Can only be availed when ther is no other remedy to
enforce it.
REQUISITES:

ELEMENTS: 1. That the defendant has been enriched

2. That the plaintiff has suffered a loss
1. There is a legal right or duty 3. That the enrichment of the defendant is
2. Exercised in bad faith without just or legal ground
3. For the sole intent of prejudicing or injuring 4. That the plaintiff has no other action based on
another contract, quasi-contract, crime or quasi delict

Damnum absque injuria A person who only exercises SOLUTION INDEBITI payment could have been
legal rights does no injury knowingly and voluntarily, but nevertheless, there
would be recovery of what has been paid
ART. 20 CONTRARY TO LAW
ART. 23 EQUITY
Covers torts based on malice and torts based on
negligence ART. 26

DAMAGE VS. INJURY SCOPE:

INJURY illegal invasion of a legal right A. Prying into the privacy of anothers residence
(Peeping or peering inquisitively into the
DAMAGE loss, hurt or harm which results from the residence of another without the consent of the
injury latter (Sps. Hing vs CHoachuy)

ART. 21 CONTRARY TO MORALS

c. MEDLING WITH OR DISTURBING WITH
REQUISITES TO RECOVER DAMAGES PRIVATE LIFE OR FAMILY RELATIONS OF
ANOTHER
Damages may be recoverable even though no positive
law has been violated but it is necessary that the act Includes alienation of affections of the husband
should have been willfully done and more it is contrary or wife (RCPI Vs. Verchez)
to morals, good customs or public policy. This article
presupposes loss or injury, material or otherwise d. INTRIGUING TO CAUSE ANOTHER TO BE
which one may suffer as a result of such violation ALIENATED FROM HIS FRIENDS

KINDS OF DAMAGES Includes gossiping and reliance on hearsay

(Castro vs. People)
1. MORAL sleepless nights, mental anguish
e. VEXING OR HUMILIATING

Includes criticism on ones health or features

without justifiable legal cause
(MVRS VS RAHMAN)