8. When was the effectively of the Civil Code of the Philippines?

Comporedondo v. Aznar, 102 Phil. 1055

Facts:
About 1913, Edward E. Christensen, an American citizen, was already residing in
Davao and became the manager of the Mindanao Estates in the municipality of
Padada. At a certain time, a group of laborers recruited from Argao, Cebu, arrived to
work in the said plantation. Among the group was a young girl, Bernarda
Camporedondo, who became an assistant to the cook. Thereafter, this girl and Edward
E. Christensen, who was also unmarried started living together as husband and wife.
Although, the records failed to establish the exact date when such relationship
commenced, the lower court found the same to have been continuous for over 30
years until the death of Christensen occurred on April 30, 1953. Out of said relations, 2
children, Lucy and Helen Christensen, were allegedly born.
Upon the demise of the American, who had left a considerable amount of
properties, his will .naming Adolfo Cruz Aznar as executor was duly presented for
probate in court. In that will, Christensen had devised only 1,000 pesos for his wife
Camporedondo, in which, the latter claimed ½ of the ownership for the reason of
continuously living together with Christensen for 30 years. Hence, the properties should
be govern by co-ownership.

ISSUE: Whether or not Bernarda Camporedondo, by reason of such relationship, may be

considered as a co-owner of the properties acquired by the deceased and be entitled
to one- half?

RULING:

The Supreme Court have no recourse but reverse the holding of the lower Court and
deny the claim of Bernarda Camporedondo. Further state that, even granting, for the
sake of argument, that this case falls under the provisions of Article 144 of the Civil
Code, same would be applicable only as far as properties acquired after the effectivity
of Republic Act 386 are concerned and to no other, for such law cannot be given
retroactive effect to govern those already possessed before August 30, 1950. It may be
argued, however, that being a newly created right, the provisions of Section 144 should
be made to retroact if only to enforce such right. Article 2252 of the same Code is
explicit in this respect when it states:

SEC. 2252. Changes made and new provisions and rules laid down by this Code which
may prejudice or impair vested or acquired rights in accordance with the old
legislation, shall have no retroactive effect.

As it cannot be denied that the rights and legitimes of the compulsory heirs of the
deceased Edward Christensen would be impaired or diminished if the claim of herein
appellee would succeed, the answer to such argument would be simply obvious.
In addition, The Spanish Civil Code which was then in force contains to counterpart of
Article 144 and as the records in the instant case failed to show that a subsequent
reconciliation ever took place and considering that Republic Act No. 386 which
recognized such form of co-ownership went into operation only on August 30, 1950,
evidently, this later enactment cannot be invoked as basis for appellee’s claim.

Art. 3

9. Why the law prescribes ignorance of law as defense?

It is because it can be a mere honest mistakes of facts. Hence, ignorance of the
law can also be a basis of good faith. Under Art. 526 “the civil code specifically
provides that a mistake on doubtful or difficult question of law may be the basis of
good faith. However, one is not excused for civil liability but the latter shall be mitigated.
Art. 2155

Doctrine of Honest Mistake (Ignorance of Facts)

Chimo-Que-Quenco 12. Phil. 449

Facts:

The accused had opium in his possession and outside of the public dispensary, on the
30th of October, 1907. The accused was a confirmed user of opium, and he had a
license to smoke it that was issued by the municipal treasurer of Oroquieta. At the time
that he was caught to be in possession of opium, he did not know that an Act had
been promulgated, prohibiting the confirmed users of opium duly registered from
having the drug outside of the public dispensary. On the other hand, that the municipal
treasurer, on issuing the license, did not tell him of the existence of such a legal
prohibition.

ISSUE:
Whether or not Ignorance of the law excuses no one can be applied to the accused?

RULING:
The Act establishing the prohibition is Act No. 1761, which was enacted on October 10,
1907, and went into force on the 17th of the same month. The alleged ignorance of the
existence of the prohibition cannot be admitted in the case at bar, even as a matter of
fact, as the municipal treasurer of Oroquieta categorically denying the statement of
the accused for he advised him that it was absolutely forbidden to have opium outside
of the public dispensary. Considering the question from another point of view, these
facts likewise show that, prior to October 30, the existence of the prohibition was known
in Oroquieta, and it necessarily had to be so, taking into account the fact that twenty
days had elapsed between that date and the date of the passage of the above-
mentioned Act. The plea of the defendant is in law and in fact untenable, and should
therefore be dismissed.

10. What is the Doctrine of Presume identity approach?

Example: When a marriage in China celebrated before a village leader therein cannot
be recognized as valid in the Philippines, unless there is proof that indeed in China and
according to Chinese law such a marriage is regarded as valid. Without such proof, we
will assume that the law on marriage in China is the same as the law in the Philippines,
and in our country, it is well known that a village leader cannot perform a marriage,
whether before or after the effectivity date of the new Civil Code. (Wong Woo Yiu v.
Vivo, et al., L-21076, March 31, 1965)

Article 4.
11. What is the rule in case of doubt in relation to Art. 4?
In case of doubt, the law shall always be prospective and not retroactive in
nature.

12. What are the exceptions to the rule of prospectively?

The exceptions to the prospective effects of laws are:
a. If the laws themselves provide for retroactivity
Article 256 of the Family Code provides:
“This Code 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.”
b. If the laws are procedural in nature.
There are no vested rights in rules of procedure. Therefore, new rules of
court on procedure can apply to pending actions.
c. If the statute is penal in nature, provided:
1. It is favorable to the accused or to the convict;
2. And provided further that the accused or convict is not habitual
delinquent.
e.g. Statutes which lighten the penalty or completely extinguished the
liability.
Note: Where the law imposes the payment of interest for delay in the payment of taxes,
the interest cannot be considered a penalty and cannot be applied retroactively for
the reason that the interest is merely considered as just compensation to the state for
the delay in paying the tax.
d. If the laws are of an emergency nature and are authorized by the police
power of the government.
Laws enacted in the exercise of police power, to which Rep. Act. No. 1199
belongs, may constitutionally affect tenancy relations created even
before the enactment of effectivity.
e. If the law is curative
The purpose for being it retroactive is to cure errors or irregularities.
However, to be valid it must not impair vested rights nor affect final
judgments.
f. If a substantive right be declared for the first time, unless vested rights are
impaired.

People of the Philippines vs. Patalin, et al. G.R. NO. 125639, July 27, 1999 109
SCAD 734)

ISSUE: Whether or not death penalty should be imposed upon accused-appellants?

RULING:
No. The death penalty should not be imposed upon accused-appellants.
There is no doubt that the abolition of the death penalty in 1987 retroactively affected
and benefited accused-appellants. Article 22 of the Revised Penal Code provides that
penal laws shall have a retroactive effect insofar as they favor the person guilty of a
felony, who is not a habitual criminal although at the time of the publication of such
laws a final sentence has been pronounced and the convict is serving the same.

Casco Ph. Chemical Co. Inc. v. Hon. Pedro Gimenez

Art. 5
13. Difference between mandatory and prohibitory law from directory law?
Mandatory Law – refers to something that is required, and not optional or subject to
discretion. In legal construction of statutes, mandatory requirements of law are typically
found by the use of words such as “must”, “will” and “shall”.
Kinds of mandatory legislation
a. Positive – when something must be done
b. Negative or prohibitory – when something should not be done.

Prohibitory Law – refers to laws that are not to be done.

A provision in a statute, rule of procedure, or the like, is said to be directory when it is to
be considered as a mere direction or instruction of no obligatory force, and involving
no invalidating consequence for its disregard,

14. Give an example of an acts executed against prohibitory and mandatory law that
makes the act void, except when the law authorizes its validity?
a. When the law makes the act not void but merely voidable (valid, unless annulled) at
the instance of the victim.

Example: Although consent of the parties is essential for a valid marriage, still if that
consent is vitiated by intimidation or fraud, the marriage is not null and void, but only
voidable.
A contract entered into by a municipal council for the lease of certain
fisheries without the approval of the provincial governor is only voidable.

b. When the law makes the act valid, but subjects the wrong-doer to criminal
responisibility.
Example: A widow generally must wait for 300 days before she can remarry. If she
violates this and she marries again, the marriage is valid, as long as she was able to
obtain a marriage license, without prejudice to her criminal liability.

c. When the law makes the act itself void, but recognizes some legal effects
flowing therefrom.

Example; A brother cannot marry his sister, and any child they would have would be
illegitimate; if however, they marry first before having the child, the child would be
 legitimate if the child is conceived or born before the judgment declaring the
marriage void becomes final and executory.

d. When the law itself makes certain acts valid although generally they would have
been void.
Example: The lotto, on the part at least of the spectators, or purchasers (ticket), is a
game of chance, but the law itself allows gambling on the results therein.

Art. 6

15. When does one can waive his rights? What are the rights that cannot be
waived?
One can waive his rights if:
a. The person waiving must be capacitated to make the waiver.
b. The waiver must be made clearly, but not necessarily express.
c. The person waiving must actually have the right which he is renouncing;
otherwise, he will not be renouncing anything.
d. In some instances, the waiver, as in the express remission of a debt owed in favor
of the waiver, must comply with the formalities of a donation.
e. The waiver must not be contrary to law, morals, public policy ( the aim of the
state in promoting the social welfare of the people)

Rights that cannot be waived:

a. Natural right such as right to life
b. Alleged rights which really do not yet exist
c. Those the renunciation of which would infringe upon public policy
d. When the waiver is prejudicial to a third person with a right recognized by law.

16. Waiver of Future inheritance? In relation to creditor?

Inheritance that has already accrued by virtue of the descendant’s death, still if
the waiver will prejudice existing creditors, the latter can accept the inheritance in the
name of the heir, but only to the extent sufficient to cover the amount of their credits.
(Art. 1052, Civil Code)

17. Waiver of political rights, is it allowed?

18. Waiver of contrary to law?

Leal v. IAC

Facts: On March 21, 1941, A Document entitled “Compraventa”, involving three

parcels of land was sold to Cirilio Leal by Vicente Santiago and his brother, Luis
Santiago, A right was given to the Santiago brothers for re-purchase of the land. On
December 10, 1959 Cirilio died and the subject land were inherited by his six children
who are among the Petitioners.

Sometime before the year 1966, Vicente Santiago approached the petitioners and
offered re-purchase of the subject properties. The petitioners declined the offer, So
Vicente Santiago instituted a complaint for specific performance before the then
Court of First Instance of Quezon City on August 2, 1967.

All the trial, the court rendered its decision, dismissing the complaint of the
Respondents. Then, the petitioners filed a motion to amend the annotations at the
back of the Transfer certificated of Title. The Private Respondent, also filed a timely
motion for the reconsideration of the decision of the courts and an opposition to
petitioner’s motion to amend.

On June 28, 1978 The Decision was reversed and set aside and another one is
rendered, ordering the Petitioners to accept the sum of P5, 600.00 form the
Respondents as repurchase of the lots, and thereafter to execute a deed of
repurchase sufficient in law to transfer ownership to the appellant Salud M.
Santiago.

Issue: Was the annotation at the back of the title contrary to law?

Ruling:
Yes, the annotation at the back of the Title is contrary to law because the owner of
a property shall have the right to enjoy and dispose of a thing, without limitations
other than those established by law. According to Art. 1306, which states: “The
contracting parties may establish such stipulations, clauses, terms and conditions as
they may deem convenient, provided they are not contrary to law, morals, good
customs, public order, or public policy.”

Art. 7

19. Discuss Supremacy of the Constitution and Supremacy of the law?

Under the doctrine of constitutional supremacy, if a law or contract violates any
norm of the constitution that law or contract whether promulgated by the legislative
or by the executive branch or entered into by private persons for private purposes is
null and void and without any force and effect. Thus, since the Constitution is the
fundamental, paramount and supreme law of the nation, it is deemed written in
every statute and contract.

20. What are the kinds of Repeal? Explain each.

Laws are repealed only:
a. Expressly- when it is literally declared by a subsequent law that the law is being
repealed.
b. Impliedly- when the new law contains provisions contrary to or irreconcilable with
those of the former law.
21. Case 8
22. General law versus special law.
If the general law was enacted prior to the special law, the latter is considered
the exception to the general law. Therefore, the general law, in general remains
good law, and there is no repeal.
If the general law was enacted after the special law, the special law remains
unless:
a. there is an express declaration to the contrary.
b. There is clear, necessary, and irreconcilable conflict;
c. Unless the subsequent general law covers the whole subject and clearly
intended to replace the special law on the matter.

23. Explain repeal of repealing law; revival.

The United States vs. Gabino Soliman

FACTS: Soliman is charged for having falsely sworn when testifying on his own behalf
while on trial for estafa, he contended that a written guilt confession alleged to
have been made by him was false in its statement of facts and that it had been
obtained from him by threats and torture. Soliman is acquitted on the trial for estafa
on the ground that there was room for reasonable doubt, but is guilty of perjury and
as defined and penalized by Section 3 of Act No. 1697.
Section 3 of Act No. 1697, however, has been expressly repealed by the enactment
of the Administrative Code (Act No. 2657), which became effective July 1, 1916.
Since judgment of the case dated back to November 23, 1915, it has been
suggested that the judgment convicting and sentencing the accused under the
provisions of that statute should not be sustained, and that the repeal of the statute
should have the effect of extinguishing criminal responsibility of the accused
incurred under the provisions of the repealed law prior to the enactment of the
Administrative Code.

ISSUE:
Whether or not the repealing statute has the effect of providing new penalties for
the commission of the crime of perjury.

RULING:
Section 3 of Act No. 1697 repealed the provisions of the Penal Code defining and
penalizing the crime of perjury, not expressly, but by implication; and its repeal by
the Administrative Code revived the provisions of the Penal Code. Section 12 of the
Administrative Code (Act No. 2657) provides that where a law which repeals a prior
law, not expressly but by implication, is itself repealed, the law first repealed shall not
be revived unless expressly so provided.
The court holds that in any case in which a statute penalizing an offense is repealed,
and in which the new statute provides new penalties for the offense, the penalty
which must be imposed on one who committed the offense prior to the enactment
of the repealing statute is that one more favorable to the convict. The penalties
prescribed in the Penal Code are less than that imposed earlier by the trial judge.
The court concludes with affirmation of the conviction and reversal of the sentence
imposed by the trial judge; from a sentence of six months imprisonment and a fine
of Php300.00 to a sentence of four months and one day of arresto mayor and a fine
of Php 75.00 with subsidiary imprisonment.

Art. 8
24. What is contemporaneous interpretations?
Contemporaneous-Construction Doctrine is a principle used in interpretation of
statutes. It says that an ambiguous statute made by an administrative agency or
lower court is entitled to great deference if the interpretation has been used over a
long period.

25. What decisions of the court form part of the law of the land?
The decisions referred to are those enunciated by the Supreme Court, which is the
court of last resort. Thus, the Supreme Tribunal in Miranda, et al. v. Imperial, et. al. (77
phil. 1066) stated that “only the decisions of this Honorable Court establish
jurisprudence or doctrines in this jurisdiction. Thus, decisions of subordinate court is
only persuasive in nature and have no mandatory effect.

26. Administrative interpretation via IRR explain.

27. What is Ratio Legis & Verbal egis?

Verba legis – The words used in the Constitution must be given their ordinary
meaning, except when technical terms are employed.
Ratio legis – Where there is ambiguity, the words of the Constitution should be
interpreted in accordance with the intent of the framers.

Art. 9
28. What is Equity jurisdiction of the courts?
Chua v. Bernas, 34 Phil 631

29. Is Art. 9 NCC applicable to criminal offense? NO. (Nullum crimen nulla poena
sine lege)
Yes, An offense is not a crime unless prohibited and punished by the law applying
the rule “there is no crime if there is no law punishing it. Nevertheless, if somebody is
accused of a non-existence crime, the judge must dismiss the case. This, in reality, is
equivalent to a judicial acquittal.

30. What rule shall be applied if the law is patently unjust?

GO v. anti-chinese league

Art. 10
31. What is the presumption of congress in enacting a law?
That the lawmaking body intended right and justice to prevail.
32. What is remedy if the law is contrary with the constitution?
Serrano v. Galante

Art. 11-12
33. When can the court consider customs to resolve a justiciable controversy aiding
the courts in the absence of law?
a. A custom must be proved as a fact, according to the rules of evidence,
otherwise, the custom cannot be considered as a source of right.
b. The custom must not be contrary to law, public order, or public policy.
c. There must be a number of repeated acts.
d. The repeated acts must have been uniformly performed.
e. There must be a juridical intention to make a rule of social conduct e.g. there
must be a conviction in the community that it is the proper way of acting, and that,
therefore, a person who disregards the custom in fact also disregards the law.
f. there must be a sufficient lapse of time- this by itself is not a requisite of custom, but
it gives evidence of the fact that indeed it exists and is being duly observed.

34. What are the requisites that must be proven according to the rules of evidence
to consider customs as a source of right?