CHAPTER ONE: EFFECT AND APPLICATION OF LAWS o Unless otherwise provided* - refers only to effectivity and NOT

publication. Publication is an INDISPENSIBLE requisite, absence of

ARTICLE 1. This Act shall be known as the Civil Code of the Philippines. which will render the law ineffective
o Must be in full, or it shall not be publication at all
 Roxas Code Commission / 1947 Code Commission – prepared the main o After publication, all people are deemed to be notified of the law
draft even if they have not read them (“constructive notice”)
o Created via Executive Order (EO) No. 48 by Manuel Roxas  What must be published?
o Members: o Presidential decrees, EOs – pursuant to valid delegation from the
 Dr. Jorge Bocobo – Chairman Congress
 Judge Guillermo B. Guevarra o Administrative rules and regulations (if the purpose is to enforce or
 Dean Pedro Y. Ylagan implement existing laws)
 Francisco R. Capistrano o Charter of a city
 Arturo M. Tolentino* - was removed after being elected as
 What doesn’t need to be published?
congressman
o Interpretative and internal regulations, letters of instructions –
 Dr. Carmelino Alvendia
regulating only personnel of the agency (i.e. uniform policy)
o May 8, 1947-December 15, 1947 – drafting period
o Municipal ordinances (covered by Local Government Code)
o January 26, 1949 – passed into the Senate and HOR
ARTICLE 3. Ignorance of the law excuses no one from compliance
ARTICLE 2. Laws shall take effect after fifteen days following the
therewith.
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after publication.
 REASON:
o Expediency
 August 30, 1950 - Civil Code took effect on this date
o Necessity
 EO NO. 200
o Civil Code amended on June 18, 1987 by Cory Aquino  Article 3 is a necessary consequence of the mandatory provision that all
laws must be published. Without such publication, it would amount to
o “Laws shall take effect fifteen days following completion of their
injustice on the part of the citizen.
publication either in the Official Gazette or in a newspaper of
 That every person knows the law becomes a conclusive presumption
general circulation in the Philippines, unless it is otherwise
(constructive notice), even if a person has no actual knowledge of the
provided.”
law.
o Reasons:
 NOTE: Article 3 is only applicable only to 1) mandatory and 2)
 Tañada v. Tuvera – paved the way for the amendment,
prohibitory laws.
because of the OG’s erratic release and limited readership
 General circulation will better perform the function of ARTICLE 4. Laws shall have no retroactive effect, unless the contrary is
communicating laws because of wide circulation and provided.
regular release
 EFFECTIVITY OF LAWS  REASON: Law looks to the future. Otherwise, prejudice may result to the
party that has followed the earlier law or judicial doctrine.
CONDITIONS OF  UNLESS:
REQUISITES FOR EFFECTIVITY
STATUTE o Purpose and intention of the legislature is expressly declared
Does not explicitly  Publication or necessarily implied from the language used
provide for its effectivity  After the 15-day period o In case of doubt, must be resolved against the retrospective
 Publication effect
If different period,
 After the period expressed by o Statutes are not to be construed as intended to have a
shorter or longer
the law retroactive effect
 RETROACTIVE APPLICATION:
 o Legislature has the power to pass retroactive laws which: 1) do
not impair the obligation of contracts or 2) affect injuriously
vested rights
 EXCEPTIONS:
1) Law expressly provides for retroactivity.
o Ex. Family Code (August 3, 1988) – “shall have retroactive
effect insofar as it does not prejudice or impair vested or
acquired rights in accordance with the Civil Code or other laws”
2) Law is curative or remedial.
o As long as it is not within constitutional inhibitions or
retrospective legislation impairing obligation or contracts or
disturbing vested rights
o Remedial by curing defects and adding means to enforce
existing obligations.
o More readily ascribe to laws that are legalizing than
disadvantageously affect past relations and transactions
o Laws which regulate the registration of titles to land may be
held to apply to deed dated before as well
CASE: Development Bank of the Philippines v. Court of Appeals
FACTS:
 DBP purchased 159 lots from the PHHC for the housing project which it
intended to establish for its employees who did not yet have houses of
their own.
 There are some questions as to the legality of purchase of the said lots,
pursuant to RA 85, and where Congress enacted RA 3147 precisely to
correct invalidity of the said acquisition.
HELD/RATIO:
 It may be stated as a general rule that curative statutes are forms of
retrospective legislation which reach back on past events to correct
errors and to render valid and effective acts which would otherwise be
ineffective
 They are intended to enable parties to carry into effect that which they
have designed or intended, but failed to actualize due to statutory
disability or irregularity in their action
 Purpose of enacting RA 3147 was to erase any doubt regarding the
acquisition of the lots by DBP for the housing project for its employees.
It was enacted at the time when the acquisition of said lots was being
questioned.
 RA 3147 is therefore a curative statute to render valid the acquisition by
the DBP of the 159 lots from PHHC.
3) Law is procedural.
o Statute deals with procedure only, it applies to all actions –
those accrued or pending and future actions.
4) Law is penal in character and favorable to the accused.
o Penal laws shall have retroactive effect insofar as they favor the
person guilty of a felony, who is not a habitual criminal
o Habitual delinquent: if within a period of 10 years from the
date of release or last convicted of serious or less serious
physical injuries, he is found guilty of any said crimes a third
time or oftener.
ARTICLE 5. Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself authorizes their
validity.
 “MANDATORY PROVISION OF LAW”
o Omission of which renders the proceeding or acts illegal or
void.
o Ex. Man impugning the legitimacy of his child beyond the 1-
year period after birth, then the case will be dismissed
pursuant to the mandatory provision of the law
 “PROHIBITORY PROVISION OF LAW”
o Contain positive prohibitions and are couched in negative
terms that the act required shall not be done otherwise than
designated
 However, if law provides for the validity of acts committed in violation
of mandatory/prohibitory provision, such act will be considered valid
and enforceable.
ARTICLE 6. Rights may be waived, unless the waiver is contrary to law,
public policy, morals or good customs, or prejudicial to a third person with
a right recognized by law.
 “WAIVER”
o The intentional relinquishment of a known right
o Ignorance of material fact negates waiver; waiver cannot be
established by a consent given under a mistake or
misapprehension of fact. It must be made knowingly or
intelligently.
 REQUISITES:
o A right must exist at the time of the waiver
o Waiver is not presumed; it must be clearly and convincingly
shown by express stipulation or acts admitting no other
reasonable explanation
 o Must be exercised by a duly capacitated person actually
possessing the right to make the waiver
o Knowledge, actual or constructive, of the existence the right
o Knowledge of all material facts
 PROHIBITION AGAINST WAIVER:
o Waivers cannot be made if contrary to:
 Law, public order, public policy, morals, or good
customs
 Prejudicial to a third person with a right recognized by
law
o Object of a statue is to promote great public interests, liberty
and morals, it cannot be defeated by any private stipulation
o Examples:
 Signing of a satisfaction receipt from a disabled
employee. Doesn’t constitute a waiver agreeing to
receive less compensation than the worker is entitled
to recover under the law.
 Acceptance of benefits such as separation pay and
terminal leave benefits do not amount to estoppel or
waiver of right of employee to contest his illegal
dismissal.
 A private agreement between husband and wife to
allow adultery, waiving their right to live with each
other, is contrary to public interest and morals.
o NOTE: “Morals” cannot be personal; they must be the norm.
CASE: Gongon v. Court of Appeals
FACTS:
 Petitioner Gongon alleges that his preferential right, under CA 539, as a
tenant to purchase a public land cannot be validly waived because it is
against public policy.
HELD/RATIO:
 CA 539 lays down a public policy. It may be stated that the avowed
policy behind the adoption of such a measure is to provide the landless
elements of the population with lots upon which to build their homes
and farms which they can cultivate and from which they can derive
livelihood. This measure was adopted in keeping in line with the policy
of social justice in our Constitution.
 Being contrary to public policy, the alleged waiver of Gongon’s right
should be considered null and void.
ARTICLE 7. Laws are repealed only by subsequent ones, and their violation
or non-observance shall not be excused by disuse, or custom or practice to
the contrary.
When the courts declared a law to be inconsistent with the Constitution,
the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only
when they are not contrary to the laws or the Constitution.
“REPEAL OF A LAW”
 Legislative act of abolishing through a subsequent law the effects of a
previous stature or portions thereof
 Kinds:
a. Implied Repeal – new law contains provisions contrary to or
inconsistent with those of a former without expressly identifying
the laws to be abolished
b. Express Repeal – literally declared by a new law; particular laws
and provisions are named and identified and declared to be
repealed
 Repeals by implications are not favored because there will be difficulty
in ascertaining which provisions will be repealed. It must be clearly and
unmistakably intended by the legislature.
 A special statute, providing for a particular case or class of cases, is not
repealed by a subsequent statute, general in its terms, provisions, and
application, unless the intent to do so is manifest, even if the general
law is broad enough to include the cases embraced in the special law.
UNCONSTITUTIONALITY OF A STATUTE
 When deciding the constitutionality of a statute, every presumption
favors the validity of the same.
 Whenever possible, statutes should be given a meaning that will not
bring them in conflict with the Constitution.
PARTIAL UNCONSTITUTIONALITY OF A STATUTE:
 Where a portion of a statute is rendered unconstitutional and the
remainder parts are valid, then the parts will be separated and the
constitutional portion upheld.
 CASE: Lidasan v COMELEC:
HELD/RATIO:
 The general rule is that where a part of a statute is void while another
part is valid, the valid portion if separable from the invalid may stand
and be enforced. But the valid portion must be so far independent of the
invalid portion.
 Enough must remain to make a complete, intelligible, and valid statute
which carried out the legislative intent.
 The language used in the invalid part of the statute can have no legal
force of efficacy for any purpose, and what remains must express the
legislative will independently of the void part.
RULES AND REGULATIONS / ADMINISTRATIVE AND EXECUTIVE ACTS:
 A rule is binding on the courts so long as the procedure fixed for its
promulgation is followed, and its scope is within the statutory authority
granted by the legislature.
 The regulations adopted under legislative authority must be in
harmony with the provisions of the law.
 Regulations that relate solely to carrying into effect the provisions of
the law are valid.
 These acts required adherence to, not divergence from, the provisions.
Rules and regulations as well as administrative or executive acts that
are violative of the law and constitution are invalid.
ARTICLE 8. Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the Philippines.
JUDICIAL CONSTRUCTION AND INTERPRETATION:
 The courts have the principal function of not only resolving legal
controversies but also interpreting and construing vague provisions of
law relative to a particular dispute.
EFFECT OF JUDICIAL DECISION:
 Judicial decisions, although not laws in themselves, assume the same
authority as the statute itself and until authoritatively abandoned.
 Judicial decisions also constitute evidence of what the law means.
JUDICIAL DECISIONS OF SUPREME COURT VS INFERIOR COURTS:
 Supreme Court: authoritative and precedent setting
 Inferior courts and Court of Appeals: merely persuasive.
WHEN JUDICIAL DECISIONS DEEMED PART OF THE LAW:
o Judicial decisions are deemed part of the law at the date of the
enactment of the said law
ARTICLE 9. No judge or court shall decline to render judgment by reason of
the silence, obscurity or insufficiency of the laws. (6)
CASE: Apiag v. Cantero
FACTS:
 A judge entered into a second marriage contract in 1986 without having
his first void marriage judicially declared nullity.
 The said marriage was solemnized just before the SC decided the case of
Wiegel v. Sempio Diy, declaring that there was a need for judicial
declaration of nullity of a void marriage.
HELD/RATIO:
 Second marriage cannot be the basis of administrative liability against
the judge for immorality because at the time of the second marriage, the
prevailing jurisprudence wasPeople
CASE: that a judicial declaration of nullity is not
v. Jabinal
FACTS:needed in void marriages.
 The accused was conferred his appointment as a secret confidential
agent and authorized to possess a firearm in 1964 pursuant to a
DUTY OF JUDGES:
prevailing doctrine enunciated by the Supreme Court in two previous
 Judges are tasked with the dispensation of justice in accordance with
cases under which no criminal liability attached in connection with the
the constitutional precept: No person shall be deprived of life, liberty
possession of said firearm despite having no permit.
and property without due process of law.
HELD/RATIO:
 Judges must not decline to render judgment just because:
 When a doctrine of the SC is overruled and a different view is adopted,
o Of an apparent non existence of any law governing a particular
the new doctrine should be applied prospectively.
legal dispute; or in 1967 should be prospectively applied and
 The doctrine laid down
o The law involved is vague orrelied
inadequate
should not prejudice persons who on the overturned doctrines
 The judge must always be guided
while they were still controlling. by equity, fairness and sense of justice
in these situations. Truly, there are other sources of law such as
jurisprudence. In the absence of such in the Philippines, a viable source
would be US jurisprudence, where applicable, as the SC has done so in
the past.
JUDICIAL LEGISLATION:
 Because of the separation of powers, the judiciary cannot legislate; it is
tasked with resolving legal controversies and interpreting statutes.
 However, in Floresca v. Philex Mining Corporation, the SC said that
while there is indeed the existence of the concept that the courts cannot
engage in judicial legislation, the legislator, as seen in Article 9 of the
 new Civil Code, recognizes that the Court “do and must legislate” to fill
in the gaps in the law.
 The principle behind this is that the minds of legislators are finite and
cannot enumerate ALL cases to which the law may apply.
ARTICLE 13: When the law speaks or years, months, days, or nights, it shall
be understood that years are of 365 days each; months, of 30 days; days of
24 hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the
number of days which they respectively have.

ARTICLE 10. In case of doubt in the interpretation or application of laws, it In computing a period, the first day shall be excluded, and the last day
is presumed that the lawmaking body intended right and justice to prevail. included.

DOUBTFUL STATUTES: MONTHS AND LEAP YEARS

 When the law is clear, it must be applied according to its unambiguous
provisions
 Construction and interpretation come only after it has been
demonstrated that the application is impossible or inadequate without
them.
 If there is ambiguity in the law, fidelity to the legislative purpose is
required in interpreting the law. The interpretation should not be at
war with the end sought to be attained.
 A literal interpretation is to be rejected if it would be unjust or lead to
absurd results.
 A mo nth designated by its name shall be computed by the no. of days it has.
o e.g. If law provides tax shall be paid in January 1998, it can be paid
anytime within the 31 days of January.
DAY, NIGHT AND PERIOD
 The law provides that days consist 24 hours.
 COMPUTATION OF A PERIOD: 1st day excluded, last day included
o e.g. If law states that a statute will be effective on the 20th day from
its publication on February 3, 1998, then the law shall be effective
on February 23, 1998.

ARTICLE 11. Customs which are contrary to law, public order or public CASE: Garvida v. Sales
policy shall not be countenanced. FACTS:
ARTICLE 12: A custom must be proved as a fact, according to the rules of  A person wanted to run for the Sangguniang Kabataan; however,
evidence. there is a provision stipulating that an elected official of the SK
cannot be more than 21 years old.
“CUSTOM” ISSUE: Is the candidate thus disqualified, being 21 years and X months old?
 Rule of conduct formed by repetition of acts, uniformly observed (practiced) HELD/RATIO:
as a social rule, legally binding and obligatory.  The provision is very clear.
o Courts take no judicial notice of customs.  Based on Article 13, 1 year is reached after completing 365 days. 1st
o Acc. to rules of evidence, customs must be proved to be a fact by day is excluded in counting the 365 days.
competent evidence. Merely because something is done as a matter  One born on the 1st day of the year is deemed to be 1 yr. old on the
of practice does not mean that courts rely on such for purposes of 365th day after his birth – the last day of the year.
adjudication as a juridical custom. o Birthdate on 1st Cycle: Jan. 1, 2014
o Statutory rule or even a legal rule prevails over customs, even if o 1 year old or 365th day of 1st cycle: Dec. 31, 2014
such customs are proven. o 1st day of 2nd cycle: Jan 1, 2015
 Juridical Custom vs. Social Custom CASE: National CASE:
Marketing
CIR v. Primetown
Corporation Property
(NMC) vs. Group,
Tecson Inc.
o 2 yearsReview
PETITION: old or 365 th
day of 2nd
on certiorari cycle:
seeks toDec. 31, 2015
set aside the decision of the Court of
o Juridical Custom – can supplement statutes
o Social Custom – cannot supplement statutes
 “not
FACTS: more
Appeals than denied
which 21 years of age” means a candidate cannot be 21
reconsideration.
 Customs contrary to law, public order or public policy should not be  years
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APPELLEE TECSON:
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ARTICLE 14: Penal laws and those of public security and safety shall be
obligatory upon all those who live or sojourn in Philippine territory,
subject to the principles of public international law and to treaty
stipulations.
OBLIGATORY FORCE OF PENAL LAWS:
 Citizens and foreigners, regardless of W/N they are merely sojourning in the
Philippines, are subject to all penal laws and other laws for public security
and safety.
EXCEPTION TO OBLIGATORY FORCE OF PENAL LAWS:
 Foreigners may be liable for violating penal laws and those of public
security and safety, but in certain cases where the Philippine government
waived its criminal jurisdiction over them, based on public international law
and treaties, they:
o May be immune from suit
o Cannot be criminally prosecuted in the Philippines
 1961 Vienna Convention on Diplomatic Relations
o Philippines is a signatory
o Heads of state and diplomatic agents (head of missions or a
member of the diplomatic staff of missions), officially visiting the
Philippines, are inviolable and not liable to any form of arrest or
detention
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
Philippines, even though living abroad.
NATIONALITY RULE:
 Regardless of the location of a citizen, Philippine laws govern him/her, with
respect to his/her status, condition, legal capacity, family rights and duties.
o e.g. If a Filipino, regardless of W/N he/she was married here or
abroad, initiates a petition abroad for absolute divorce from
his/her spouse, and eventually becomes granted, the Philippines
will not recognize such absolute divorce because,
o Art. 26 of the Philippine Family Code only recognizes absolute
divorce which is procured by the alien spouse of the Philippine
citizen.
ARTICLE 16: Real property as well as personal property is subject to the
law of the country where it is situated.
However, intestate and testamentary successions, both with respect to the
order of succession and to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall be regulated by the
national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the country
wherein said property may be found.
LAW GOVERNING REAL PROPERTIES:
 The law of the country where the real property is situated shall govern.
 National law on succession governs in 4 instances, regardless of the nature
of the property:
o The order of succession
o The amount of successional rights,
o The intrinsic validity of provisions of the will
o The capacity to succeed (Art.1039)
 In Minciano vs Brimo, a Turkish citizen made out a last will and testament,
stating that his property shall be disposed of pursuant to Philippine laws,
the SC ruled that it is illegal and void, because Art. 16 of CC provides that the
national law or Turkish law, in this case, should govern, for his national law
cannot be ignored in regard to these matters.
CASE: Bellis v. Bellis
FACTS:
 A citizen of the State of Texas. USA, named Amos G. Bellis, executed a
will in the Philippines, but who, at the time of his death, was both a
national of the US and also domiciled in the US. The reason for this is
that Texas laws did not recognize forced heirs or legitimes.
ISSUE: Whether Philippine laws or Texas laws apply or govern the intestate
or testamentary succession of the decedent.
SC RULING: Texas Law applies to the intestate or testamentary succession of
Amos G. Bellis.
HELD/RATIO:
 SC observed that Art. 16 and Art. 1039 of the CC applies the national
law of the decedent, in intestate or testamentary succession on 4
items:
o Order of succession
o Amount of successional rights
o Intrinsic validity of the provisions of the will
o Capacity to succeed
APPELLANTS 1ST ARGUMENT: Art. 17 of the CC is an exception to Art. 16, par.
 Congress deleted the phrase “notwithstanding the provisions of this and
the next preceding article” when they incorporated Art. 11 of the Old
Civil Code as Art. 17 in the CC, while 2nd par. of Art. 16 did not change.
o Thus, 2nd par. of Art. 16 of the CC must be applied to testate and
intestate successions. Being a specific provision, it must prevail
over the general one.
o Art. 1039 also adds to the indication of the legislative intent that
national laws of the decedent shall govern his capacity to
succeed.
o Specific provisions must prevail over general ones.
APPELLANTS 2ND ARGUMENT:
 The decedent executed 2 wills, one to govern his Texas estate and one his
Philippine estate, so it shows that the decedent intended Philippine law
to govern his Philippine estate.
 RATIO: Assuming that it was the intention of the decedent, the national
law nevertheless cannot be ignored.
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 are executed.
When the acts referred to are executed before the diplomatic or consular
officials of the Republic of the Philippines in a foreign country, the
solemnities established by Philippine laws shall be observed in their
execution.
EXTRINSIC VALIDITY
 The law provides clearly that the forms and solemnities of public
instruments, wills, and contracts shall be governed by the laws of the
country in which they are executed.
 If Japan required that a holographic will’s date need not be in
handwriting of the testator, then such a will is valid even if under
Philippine law, the date must be in the handwriting of the testator.
ACTS BEFORE DIPLOMATIC AND CONSULAR OFFICIALS
 Diplomatic and consular officials are representatives of the state. Hence,
any act or contract made in a foreign country before them must
conform with the solemnities under Philippine law.
 This is also because the host country, where such officials are assigned,
waives its jurisdiction over the premises of the diplomatic office of
another country located in the said host country.
PROHIBITIVE LAWS
 In the case where a Filipina wife obtained divorce abroad and later
remarried an American, the Filipino husband can file a legal separation
case against the wife for having technically committed adultery,
considering that absolute divorce is not recognized in the Philippines.
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.
CASE: Insular v. Sun Life
FACTS:
 The Insurance Act is silent as to the methods to be followed in order
that there may be a contract of Insurance.
ISSUE: W/N there was acceptance, and thus perfection, of a life annuity
contract.
SC RULING: There was no perfection of a life annuity because there was no
acceptance of the contract.
HELD/RATIO:
 Although the special law on the subject of insurance is deficient in
enunciating principles governing acceptance, Article 1802 of the CC
not only describes a contract of life annuity like in the case at hand,
but in two other articles, which gives strong clues as to the proper
disposition of the case.
 Article 1262 states that “Consent is shown by the concurrence of
offer and acceptance with respect to the thing and consideration
which are to constitute the contract. An acceptance made by letter
shall not bind the person making the offer except from the time it
came to his knowledge. The contract, in such a case, is presumed to
have been entered into at the place where the offer was made.”
 In this case where it has not been proved satisfactorily that the
acceptance of the application ever came to the knowledge of the
applicant, the contract for a life annuity was thus not perfected.
 CASE: Dole Philippines, Inc. v. Maritime Co. of the Philippines

ISSUE: W/N the one-year prescriptive period for making a claim for loss or
damage under the Carriage of Goods by Sea Act was tolled by making an
extrajudicial demand pursuant to Art. 1155 of the CC, as applied in a
suppletory nature pursuant to Art. 18.
SC RULING:
PETITIONER:
 Since the provisions of the Civil Code are suppletory of deficiencies
in the Code of Commerce and special laws in matters governed by
Art. 18 of the CC, and there being such a patent deficiency with
respect to the tolling of the prescriptive period provided for in the
Carriage of Goods by Sea Act, the prescription will thus be governed
by Art. 1155 of the CC on tolling.
HELD/RATIO:
 The argument might have had more weight except for the fact that
the answer is already in jurisprudence.
 The general provisions cannot be made to apply, as such application
would have the effect of extending the one-year period of
prescription fixed in the law.
 It is desirable that matters affecting transportation of goods by sea
be decided in as short a time as possible. The application of Art. 1155
of the CC would unnecessarily extend the period and permit delays
in the settlement of questions affecting transportation, contrary to
the clear intent and purpose of the law.
 NOTE: This only applies to suits predicated upon loss or damage. In
cases of alleged misdelivery or conversion of goods, the prescription
found in the CC is applicable.