persons and family relations reviewer part 1

7/26/2019 PERSONS AND FAMILY RELATIONS REVIEWER PART 1

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II. EFFECTS AND APPLICATION OF LAWS

Article 1. This Act shall be known as the "Civil

Code of the Philippines."

A. When Law Takes Eects

New Civil Code

Art. 2. Laws shall take eect after fteen da!sfollowin the co#pletion of their p$blication in the%&cial 'a(ette) $nless it is otherwise provided.

This Code shall take eect one !ear after s$ch

p$blication.

Revised Administrative Code

*ec. 1+. When Laws Take Eect. , Laws shall takeeect after fteen -1/ da!s followin theco#pletion of their p$blication in the %&cial'a(ette or in a newspaper of eneral circ$lation)$nless it is otherwise provided.

*ec. 10. Prospectivit!. , Laws shall have

prospective eect $nless the contrar! is epressl!provided

*ec. 2. 3nterpretation of Laws and Ad#inistrative3ss$ances. , 3n the interpretation of a law orad#inistrative iss$ance pro#$lated in all theo&cial lan$aes) the Enlish tet shall control)

$nless otherwise specicall! provided. 3n case ofa#bi$it!) o#ission or #istake) the other tets#a! be cons$lted.

*ec. 21. 4o 3#plied 5evival of 5epealed Law.,When a law which epressl! repeals a prior lawitself repealed) the law rst repealed shall not bethereb! revived $nless epressl! so provided.

*ec. 22. 5evival of Law 3#pliedl! 5epealed. ,When a law which i#pliedl! repeals a prior law isitself repealed) the prior law shall thereb! berevived) $nless the repealin law provides

otherwise.*ec. 26. 3norance of the Law. ,3norance of the law ec$ses no one fro#co#pliance therewith.

*ec. 27. Contents. , There shall be p$blished inthe %&cial 'a(ette all leislative acts andresol$tions of a p$blic nat$re8 all eec$tive andad#inistrative iss$ances of eneral application8decisions or abstracts of decisions of the *$pre#eCo$rt and the Co$rt of Appeals) or other co$rts of

si#ilar rank) as #a! be dee#ed b! said co$rts ofs$&cient i#portance to be so p$blished8 s$chdoc$#ents or classes of doc$#ents as #a! bere9$ired so to be p$blished b! law8 and s$chdoc$#ents or classes of doc$#ents as thePresident shall deter#ine fro# ti#e to ti#e tohave eneral application or which he #a!a$thori(e so to be p$blished


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The p$blication of an! law) resol$tion or othero&cial doc$#ents in the %&cial 'a(ette shall bepri#a facie evidence of its a$thorit!.

Executive Order 200

*ec. 1. Laws shall take eect after fteen da!sfollowin the co#pletion of their p$blication eitherin the %&cial 'a(ette or in a newspaper of

eneral circ$lation in the Philippines) $nless it isotherwise provided.

*ec. 2. Article 2 of 5ep$blic Act 4o. 6+:) otherwiseknown as the "Civil Code of the Philippines)" andall other laws inconsistent with this Eec$tive%rder are hereb! repealed or #odiedaccordinl!.

*ec. 6. This Eec$tive %rder shall take eecti##ediatel! after its p$blication in the %&cial'a(ette.

Administrative Code of 1987 -E.%. 4o. 202/) ;ook niversit! of thePhilippines Law Center three -6/ certied copies ofever! r$le adopted b! it. 5$les in force on the

date of eectivit! of this Code which are not ledwithin three -6/ #onths fro# that date shall notthereafter be the basis of an! sanction aainst

an! part! or persons

TA4A?A


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ass$#ption that the! have been circ$lari(ed to allconcern. %n the other hand) presidentialiss$ances of eneral applicabilit! which have not

been p$blished shall have no force D eect.

B. IGNORANCE OF THE LAW

Art. 6. 3norance of the law ec$ses no one fro#co#pliance therewith.

Ever!one is concl$sivel! pres$#ed to know thelaw. =ar fro# realit! b$t obliator!. %nce the lawhas been pro#$lated and has taken eect) it isthe d$t! of ever!one to know it.

5easons behind the article@1. 3f laws will bebindin $ntil the! are act$all! known) then sociallife will be i#possible) beca$se #ost laws cannot

be enforced d$e to their bein $nknown to #an!2. 3t is abs$rd to absolve those who do not knowthe law and increase the obliations of those who

know it6. 3t is al#ost i#possible to prove thecontrar!) when a person clai#s inorance of thelaw7. 3n o$r conscience) we carr! nor#s of rihtand wron) and a sense of d$t!) so that o$rreason indicates #an! ti#es what we have to do8and in #ore co#plicated $ridical relations) thereare law!ers who sho$ld be cons$lted.

The laws referred to in this article are those of thePhilippines. There in no concl$sive pres$#ption of

knowlede of forein laws. Th$s) inorance of aforein law will not be a #istake of law b$t#istake of fact. 3norance #a! either be of law orof fact. 3norance of fact #a! ec$se a part! fro#the leal conse9$ences of his cond$ct8 b$t notinorance of law. A law!er cannot be disbarredfro# an honest #istake or error of law.

FA*3LA'


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sale if it wo$ld not be paid within 7 1H2 !ears andthat she wo$ld pa! the ta on the land. After a!ear) it t$rned o$t that she wasnIt able to pa! the

ta. Bence) the! entered a verbal aree#entwhereb! she conve!ed to the latter thepossession of the land on the condition that the!wo$ld not collect the interest of the loan) wo$ldattend to the pa!#ent of the land ta) wo$ldbenet b! the fr$its of the land) D wo$ld introd$cei#prove#ent thereof.

3**>E@ W4 the petitioner sho$ld be dee#ed thepossessor of the land in ood faith beca$se he

was $naware of an! Jaw in his title or in the#anner of its ac9$isition b! which it is invalidated

BEL?@ The possession of the land is illeal andvoid beca$se s$ch contract is epressl! prohibitedb! *ec 11: of Act 4o 1+K7 as a#ended. Petitioneracted in bad faith in takin possession of the landbeca$se he knew that the contract he #ade withA#brosio was an absol$te sale and that the latterco$ld not sell the land beca$se it is prohibited b!

*ec 11: of Act 2+K7. 'ross and inec$sableinorance of the law #a! not be the basis of oodfaith.

ELE'A?% 5T %= TA APPEAL*

=ACT*@ Warren Ta!lor 'raha#) a A#ericannational) died in the >*. Be left certain shares of

stock in the Philippines. Th$s) his son led anestate ta ret$rn. Be appointed Eleado as hiattorne!,in,fact for the allowance of the will in the

Philippines. C35 assessed the estate in the a#o$ntof P0:)0.6 which was protested b! the law r#of ;$#p) an) and Walker on behalf of theestates b$t was denied b! the co##issioner.

Eleado led a 2nd

estate ta ret$rn in thea#o$nt of PK2)07+.+K which was protested b!Arava Law %&ce on behalf of the estate. Whileprotest was pendin) Eleado led a #otion forallowance of the basic ta P0:)0.6 and said

that his liabilit! had not !et been paid altho$hthe assess#ent had lon beco#e nal andeec$tor. Petitioner was denied contendin that

the 1st

assess#ent is not bindin on hi# beca$seit was based on a ret$rn led for b! law!ers.

3**>E@ W4 the 1st

assess#ent is invalid beca$sethe forein law!ers were not fa#iliar with o$r talaws and proced$re

BEL?@ 4o. =oreiners are not ec$sed fro#co#pliance with o$r laws and proced$re beca$seof inorance. Eleado was a =ilipino law!errepresentin a forein co#pan!.


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C. 5etroactivit! of Laws

New Civil Code

Art. 7. Laws shall have no retroactive eect)$nless the contrar! is provided. 'eneral 5$le@ Allstat$tes are applied prospectivel!

Eceptions@ 1/ When the law itself epressl!provides8 2/ 3n case of re#edial stat$tes8 6/ 3ncase of c$rative stat$tes8 7/ 3n case of lawsinterpretin others8 / 3n case of laws creatinnew rihts

Penal stat$tes M shall have retroactive eectinsofar as the! favor the acc$sed who is not ahabit$al cri#inal5e#edial stat$tes M those whichrefer to the #ethod of enforcin rihts orobtainin redress of their invasion. A re#edialstat$te #a! be #ade applicable to cases pendinat the ti#e of its enact#ent

C$rative stat$tes M those which $ndertake to c$reerrors and irre$larities) thereb! validatin $dicialor ad#inistrative proceedins) acts of p$blico&cers) or private deeds and contracts whichotherwise wo$ld not prod$ce their intendedconse9$ences b! reason of so#e stat$tor!disabilit! or fail$re to co#pl! with so#e technical

re9$ire#ent. The! operate on conditions alread!eistin and are necessaril! retroactive inoperation.

3nterpretin stat$tes M laws which #erel! interpretthe #eanin of other laws are considered asincorporated in the latter) b$t the! shall not aect

$dicial decisions which have beco#e nal in the#eanti#e.Laws creatin new rihts M the principlethat a new law shall not have retroactive eectonl! overns rihts arisin fro# acts done $nderthe r$le of the for#er law8 b$t if a riht bedeclared for the rst ti#e b! a new law it shall

take eect fro# the ti#e of s$ch declaration eventho$h it has arisen fro# acts s$bect to thefor#er laws) provided that it does not pre$diceanother ac9$ired riht of the sa#e oriin.

Art. 222. Chanes #ade and new provisions andr$les laid down b! this Code which #a! pre$diceor i#pair vested or ac9$ired rihts in accordancewith the old leislation shall have no retroactiveeect.=or the deter#ination of the applicable law

in cases which are not specied elsewhere in thisCode) the followin articles shall be observed@

Art. 226. The Civil Code of 1++0 and otherprevio$s laws shall overn rihts oriinatin)$nder said laws) fro# acts done or events whichtook place $nder their rei#e) even tho$h thisCode #a! re$late the# in a dierent #anner) or


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#a! not reconi(e the#. ;$t if a riht sho$ld bedeclared for the rst ti#e in this Code) it shall beeective at once) even tho$h the act or event

which ives rise thereto #a! have been done or#a! have occ$rred $nder prior leislation)provided said new riht does not pre$dice ori#pair an! vested or ac9$ired riht) of the sa#e

oriin.

Art. 227. 4o vested or ac9$ired riht can arisefro# acts or o#issions which are aainst the lawor which infrine $pon the rihts of others.

Art. 22. The for#er laws shall re$late acts andcontracts with a condition or period) which wereeec$ted or entered into before the eectivit! ofthis Code) even tho$h the condition or period#a! still be pendin at the ti#e this bod! of lawsoes into eect.

Art. 22:. Acts and contracts $nder the rei#e ofthe old laws) if the! are valid in accordancetherewith) shall contin$e to be f$ll! operative asprovided in the sa#e) with the li#itationsestablished in these r$les. ;$t the revocation or#odication of these acts and contracts after thebeinnin of the eectivit! of this Code) shall bes$bect to the provisions of this new bod! of laws.

Art. 22K. Provisions of this Code which attach a

civil sanction or penalt! or a deprivation of rihtsto acts or o#issions which were not penali(ed b!the for#er laws) are not applicable to those who)

when said laws were in force) #a! have eec$tedthe act or inc$rred in the o#ission forbidden orconde#ned b! this Code. 3f the fa$lt is alsop$nished b! the previo$s leislation) the lesssevere sanction shall be applied.

3f a contin$o$s or repeated act or o#ission wasco##enced before the beinnin of theeectivit! of this Code) and the sa#e s$bsists oris #aintained or repeated after this bod! of laws

has beco#e operative) the sanction or penalt!prescribed in this Code shall be applied) eventho$h the previo$s laws #a! not have providedan! sanction or penalt! therefor.

Art. 22+. Actions and rihts which ca#e intobein b$t were not eercised before the eectivit!of this Code) shall re#ain in f$ll force inconfor#it! with the old leislation8 b$t theireercise) d$ration and the proced$re to enforce

the# shall be re$lated b! this Code and b! the5$les of Co$rt. 3f the eercise of the riht or of theaction was co##enced $nder the old laws) b$t ispendin on the date this Code takes eect) andthe proced$re was dierent fro# that establishedin this new bod! of laws) the parties concerned#a! choose which #ethod or co$rse to p$rs$e.-5$le 7/


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Art. 220. The capacit! of a #arried wo#an toeec$te acts and contracts is overned b! thisCode) even if her #arriae was celebrated $nder

the for#er laws.

Art. 22:. The vol$ntar! reconition of a nat$ralchild shall take place accordin to this Code) evenif the child was born before the eectivit! of thisbod! of laws.

Art. 22:1. The ee#ption prescribed in Article 62shall also be applicable to an! s$pport) pension orrat$it! alread! eistin or ranted before this

Code beco#es eective.

Art. 22:2. '$ardians of the propert! of #inors)appointed b! the co$rts before this Code oes intoeect) shall contin$e to act as s$ch)notwithstandin the provisions of Article 62.

Art. 22:6. 5ihts to the inheritance of a personwho died) with or witho$t a will) before theeectivit! of this Code) shall be overned b! theCivil Code of 1++0) b! other previo$s laws) and b!the 5$les of Co$rt. The inheritance of those who)with or witho$t a will) die after the beinnin ofthe eectivit! of this Code) shall be ad$dicatedand distrib$ted in accordance with this new bod!of laws and b! the 5$les of Co$rt8 b$t thetesta#entar! provisions shall be carried o$tinsofar as the! #a! be per#itted b! this Code.

Therefore) leiti#es) better#ents) leacies andbe9$ests shall be respected8 however) theira#o$nt shall be red$ced if in no other #anner can

ever! co#p$lsor! heir be iven his f$ll shareaccordin to this Code.

Art. 22:7. The stat$s and rihts of nat$ral childrenb! leal ction referred to in article +0 andilleiti#ate children #entioned in Article 2+K)shall also be ac9$ired b! children born before theeectivit! of this Code.

Art. 22:. The riht of retention of real or personal

propert! arisin after this Code beco#es eective)incl$des those thins which ca#e into thecreditorNs possession before said date.

Art. 22::. The followin shall have not onl!prospective b$t also retroactive eect@ 1. Article61) whereb! a descendant cannot be co#pelled)in a cri#inal case) to testif! aainst his parentsand ascendants8

2. Articles 11 and ++) providin aainst coll$sionin cases of leal separation and ann$l#ent of#arriae86. Articles 2+6) 2+7) and 2+0)concernin the proof of illeiti#ate liation87.Article +6+) a$thori(in the probate of a will onpetition of the testator hi#self8 . Articles 160 to16:0) relative to the refor#ation of instr$#ents8


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:. Articles 7K: to 7+1) re$latin actions to 9$iettitle8K. Articles 220 to 261) which are desinedto pro#ote co#pro#ise. -n/

Art. 22:K. The followin provisions shall appl! notonl! to f$t$re cases b$t also to those pendin onthe date this Code beco#es eective@1. Article 20)5elative to cri#inal prosec$tions wherein theacc$sed is ac9$itted on the ro$nd that his $ilthas not been proved be!ond reasonable do$bt8

2. Article 66) concernin cases of defa#ation)fra$d) and ph!sical in$ries.

Art. 22:+. *$its between #e#bers of the sa#efa#il! which are pendin at the ti#e this Codeoes into eect shall be s$spended) $nder s$chter#s as the co$rt #a! deter#ine) in order thatco#pro#ise #a! be earnestl! so$ht) or) in caseof leal separation proceedins) for the p$rpose ofeectin) if possible) a reconciliation.

Art. 22:0. The principles $pon which theprecedin transitional provisions are based shall)b! analo!) be applied to cases not specicall!re$lated b! the#.

Revised Penal Code

Art. 22. 5etroactive eect of penal laws. O PenalLaws shall have a retroactive eect insofar as

the! favor the persons $ilt! of a felon!) who isnot a habit$al cri#inal) as this ter# is dened in5$le of Article :2 of this Code) altho$h at the

ti#e of the p$blication of s$ch laws a nalsentence has been prono$nced and the convict isservin the sa#e.

Family Code

Art. 2:. This Code shall have retroactive eectinsofar as it does not pre$dice or i#pair vested orac9$ired rihts in accordance with the Civil Codeor other laws.

?. andator! or Prohibitor! Laws

New Civil Code

Art. . Acts eec$ted aainst the provisions of


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#andator! or prohibitor! laws shall be void)ecept when the law itself a$thori(es their validit!.

andator! stat$tes M provisions which relate tos$bstance) aect s$bstantial rihts and are thever! essence of the thin re9$ired to be done.


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E. Waiver of 5ihts

Art. :. 5ihts #a! be waived) $nless the waiver is

contrar! to law) p$blic order) p$blic polic!) #orals)or ood c$sto#s) or pre$dicial to a third personwith a riht reconi(ed b! law.

Ele#ents of a riht@ 1. *$bect

a. active M entitled to de#and the enforce#ent ofa riht

b. passive M d$t!,bo$nd to s$er its enforce#ent2. %bect M thin or service

6. E&cient ca$se M the fact that ives rise to theleal relationa. vol$ntar! M fro# the will of #an-i.e. contracts/b. invol$ntar! M independent ofs$ch will -i.e. fort$ito$s events/

Finds of 5ihts@1. Political 5ihts Mparticipation ofpersons in the overn#ent of the state 2. Civil5ihts M rihts not incl$ded $nder political rihts

a. 5ihts of Personalit! M rihts arisin fro# thefact of bein h$#an -e.. riht to life) sec$rit!)honor) libert!) work) etc/b. =a#il! rihts M rihts ofa person as #e#ber of a fa#il!c. Patri#onialrihts M rihts that have propert! as their obect

i. real rihts M enforceable aainst the whole world

ii. personal rihts M enforceable to a deter#inateperson=irst two riht cannot be waived) whilepatri#onial rihts can be

5en$nciation or waiver of rihts M therelin9$ish#ent of a known riht with bothknowlede of its eistence and an intention torelin9$ish it. Waiver #a! either be epressed ori#plied.

5e9$ire#ents of a waiver@1. Be #$st act$all!have the riht which he reno$nces2. Be #$sthave the capacit! to #ake the ren$nciation6. The

ren$nciation #$st be #ade in a clear ande9$ivocal #anner -infor#ed consent/-7. intent towaive/-. it #$st be epressed or i#plied/

*cope of waiver M the doctrine of waiver isenerall! applicable to all rihts and privilees towhich a person is leall! entitled) whethersec$red b! contract) conferred b! stat$te) or$aranteed b! the constit$tion) provided s$chrihts and privilees rest in the individ$al and are

intended for his sole benet.

Article 26. 4o co#pro#ise $pon the followin9$estions shall be valid@ 1. The civil stat$s ofpersons82. The validit! of a #arriae or a lealseparation86. An! ro$nd for leal separation8

7. =$t$re s$pport8. The $risdiction of co$rts8 :.


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=$t$re leiti#e.

=. 5epeal of Laws

New Civil Code

Art. K. Laws are repealed onl! b! s$bse9$entones) and their violation or non, observance shallnot be ec$sed b! dis$se) or c$sto# or practice to

the contrar!. When the co$rts declared a law to beinconsistent with the Constit$tion) the for#er shallbe void and the latter shall overn.

Ad#inistrative or eec$tive acts) orders andre$lations shall be valid onl! when the! are notcontrar! to the laws or the Constit$tion.

Finds of 5epeal of Laws@1. Epress or ?eclared5epeal M contained in a special provision of as$bse9$ent law2. 3#plied or Tacit 5epeal M takesplace when the provisions of the s$bse9$ent laware inco#patible or inconsistent with those of anearlier law. 3f there is a conJict between an oldand a new law) so that the observance of oneecl$des that of the other) the conJict #$st beresolved in favor of the later law. 3#plied repealsare not to be favored beca$se the! rest onl! on

the pres$#ption that beca$se the old and the newlaws are inco#patible with each other) there is anintention to repeal the old. There #$st be a plain)

$navoidable) and irreconcilable rep$nanc!between the two. 3f both can b! reasonableconstr$ction stand toether) both will bes$stained.

2 5e9$isites of 3#plied 5epeals@1. The laws coverthe sa#e s$bect #atter 2. The latter is rep$nantto the earlier

1987 Constitution

Art.


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are hereb! repealed.

Art. 2. 3f an! provision of this Code is held

invalid) all the other provisions not aectedthereb! shall re#ain valid.

TB%54T%4


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R$rispr$dence cant be considered as anindependent so$rce of law. 3t cannot create lawbeca$se of the doctrine of separation of powers.

;$t the co$rtIs interpretation of a stat$teconstit$tes part of the law as of the date it wasoriinall! passed) since the co$rtIs constr$ction#erel! establishes conte#poraneo$s leislativeintent that the interpreted law carried into eect.

5ole of R$rispr$dence@1. To ll the deciencies ofleislation and provide a r$le for the facts of aiven case for which there is neither positiveprovision of law nor established c$sto#2. To adapt

and ad$st riid and inJeible provisions of law)rendered inade9$ate b! ti#e and circ$#stances)to the chanin conditions of life and societ!) sothat the law #a! acco#plish its social #ission

?octrine of *tare ?ecisis M 3t enoins adherence to$dicial precedents. 3t re9$ires co$rts in a co$ntr!to follow the r$le established in a decision of the*C thereof. That decision beco#es a $dicialprecedent to be followed in s$bse9$ent cases b!

all co$rts in the land. 3t is based on the principlethat once a 9$estion of law has been ea#inedand decided) it sho$ld be dee#ed settled andclosed for f$rther ar$#ent. Bowever) thedoctrine is Jeible. *o that when) in liht ofchanin conditions) a r$le has ceased to be ofbenet and $se to societ!) the co$rts #a! rihtl!

depart fro# it.

L%54A PE*CA E@ W4 the $idelines for ps!choloicalincapacit! in the case of 5ep$blic vs CA D olinasho$ld be taken in consideration in decidin inthis case.

BEL?@ es. 3n the olina case) $idelines were laid


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down b! the *C before a case wo$ld fall $nder thecateor! of ps!choloical incapacit! to declare a#arriae n$ll and void. This decision has force

and eect of a law. These $idelines are#andator! in nat$re. Petition denied.

B. ?$t! to 5ender R$d#ent

New Civil Code

Art. 0. 4o $de or co$rt shall decline to render$d#ent b! reason of the silence) obsc$rit! orins$&cienc! of the laws.

This article does not appl! to cri#inalprosec$tions) beca$se when there is no law

p$nishin an act) the case #$st be dis#issed8 andth$s) it onl! applies to civil cases.

Bow will the $de decide in cases of obsc$rit! ordecienc! of lawU 1. *tat$tor! Constr$ction2.*tare ?ecisis6. C$sto# and Traditions

3t is the d$t! of the $de to appl! the law witho$tfear or favor) to follow its #andate) and not tota#per with it. Co$rt cant adopt a polic! dierentfro# the law.C$sto#s M $ridical r$le which res$ltsfro# a constant and contin$ed $nifor# practiceb! the #e#bers of a social co##$nit!) with

respect to a partic$lar state of facts) and observedwith a conviction that it is $ridicall! obliator!.

5e9$isites@1. pl$ralit! of acts or vario$sresol$tions of a $ridical 9$estion raisedrepeatedl! in life2. $nifor#it! or identit! of theacts or vario$s sol$tions to the $ridical 9$estion6.eneral practice b! the reat #ass of the socialro$p7. contin$ed perfor#ance of these acts for alon period of ti#e8. eneral conviction that thepractice corresponds to a $ridical necessit! orthat it is obliator!8 and:. the practice #$st notbe contrar! to law) #orals or p$blic order.

*$ppletor! to Law M where there is no stat$teeactl! applicable to the point in controvers!) thec$sto# of the place shall be applied) and in theabsence thereof) the eneral principles of law.

'eneral Principles of Law M >niversal $ridicalstandards dictated b! correct reason8 or thoseprinciples of $stice be!ond the variabilit! and$ncertaint! of facts) those hih standards which

serve as a fo$ndation to positive law) those r$lesaccepted b! $riscons$lts which constit$te realaio#s for all those who intervene in $ridical life)and which for# a law s$perior to that which isenacted.

Art. 1. 3n case of do$bt in the interpretation orapplication of laws) it is pres$#ed that the


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law#akin bod! intended riht and $stice toprevail.

The r$le state din this article is to be applied onl!in case of do$bt) and when all other r$les ofinterpretation fail.E9$it! is an attrib$te of $stice)and there can be no $stice if the application ofthe law is not #ade with e9$it!.

Revised Penal Code

Art. . ?$t! of the co$rt in connection with actswhich sho$ld be repressed b$t which are notcovered b! the law) and in cases of ecessivepenalties. virt$al law librar! O Whenever a co$rthas knowlede of an! act which it #a! dee#proper to repress and which is not p$nishable b!law) it shall render the proper decision) and shallreport to the Chief Eec$tive) thro$h the?epart#ent of R$stice) the reasons which ind$cethe co$rt to believe that said act sho$ld be #adethe s$bect of leislation.

3n the sa#e wa!) the co$rt shall s$b#it to theChief Eec$tive) thro$h the ?epart#ent of

R$stice) s$ch state#ent as #a! be dee#edproper) witho$t s$spendin the eec$tion of thesentence) when a strict enforce#ent of theprovisions of this Code wo$ld res$lt in thei#position of a clearl! ecessive penalt!) takininto consideration the deree of #alice and the

in$r! ca$sed b! the oense.

PE%PLE


16/41

received 6 fro# 5itter the followin #ornin. Adoctorspecialist also testied that the insertedobect in the vaina of 5osario ;al$!ot b! 5itter

was dierent fro# that which ca$sed her death.As evidence) 5osario herself said to Ressie thefollowin da! that the obect has been re#ovedalread!. *he also told the doctor that a 4eroinserted it to her vaina 6 #onths ao. 5itter wasa Ca$casian. 5itter was also ac9$itted for thecri#inal case of rape with ho#icide. Bowever) itdoes not ee#pt hi# for the #oral and ee#plar!da#aes he #$st award to the victi#Is heirs. 3tdoes not necessaril! follow that the appellant is

also free fro# civil liabilit! which is i#pliedl!instit$ted with the cri#inal action. 5itter wasdeported.

3. Pres$#ption and Applicabilit! of C$sto#

New Civil Code

Art. 11. C$sto#s which are contrar! to law) p$blicorder or p$blic polic! shall not be co$ntenanced.

Art. 12. A c$sto# #$st be proved as a fact)accordin to the r$les of evidence.

1987 Constitution, Art. XII

*ection . The *tate) s$bect to the provisions ofthis Constit$tion and national develop#ent

policies and prora#s) shall protect the rihts ofindieno$s c$lt$ral co##$nities to their ancestrallands to ens$re their econo#ic) social) and

c$lt$ral well,bein.

The Conress #a! provide for the applicabilit! ofc$sto#ar! laws overnin propert! rihts orrelations in deter#inin the ownership and etentof ancestral do#ain.

Rules of Court Rule 129

*ection 2. R$dicial notice) when discretionar!. O Aco$rt #a! take $dicial notice of #atters whichare of p$blic knowlede) or are capable to$n9$estionable de#onstration) or o$ht to beknown to $des beca$se of their $dicialf$nctions.

*ection 6. R$dicial notice) when hearin necessar!.O ?$rin the trial) the co$rt) on its own initiative)or on re9$est of a part!) #a! anno$nce itsintention to take $dicial notice of an! #atter andallow the parties to be heard thereon.

A5T34EG


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ca#e alon the street in the opposite direction atreat speed. The horses ran into the carro#ataand wo$nded artine( servel!. The defendant

presented evidence that the cochero was a oodservant and a reliable and safe cochero. And thathe was deliverin st$ so he tied the drivin linesof the horses to the front end of the deliver!waon and went inside the waon to $nload thest$ to be delivered. ;$t while $nloadin) anothervehicle drove b! whose driver cracked a whip and#ade so#e noises which frihtened the horsesand which #ade it ran awa!. The cochero wasthrown fro# the inside of the waon and was

$nable to stop the horses. The horses collidedwith the carro#ata.

3**>E@ W4 the e#plo!er is liable for thenelience of his cochero

BEL?@ 4o. ?efendant not liable. Cochero was notnelient. What happened was an accident. 3t hasbeen a c$sto# or a #atter of co##on knowledeand $niversal practice of #erchants to leave

horses in the #anner which the cochero left itd$rin the accident. This is the c$sto# in allcities. The p$blic) ndin itself $npre$diced b!s$ch practice has ac9$iesced for !ears.

Art. 16. When the laws speak of !ears) #onths)da!s or nihts) it shall be $nderstood that !earsare of three h$ndred sit!,ve da!s each8 #onths)

of thirt! da!s8 da!s) of twent!,fo$r ho$rs8 andnihts fro# s$nset to s$nrise.

The r$le stated above is applicable onl! where aiven period of ti#e #$st be co$nted fro# acertain date in order to deter#ine the date onwhich an act #$st perfor#ed. ;$t there is nonecessit! for s$ch co#p$tation when the date ises8 that is) when the act is to take place at aspecied f$t$re date.

Rules of Court (ROC) Rule 22

-1/ 3n co#p$tin an! period of ti#e prescribed orallowed b! these 5$les) or b! order of the co$rt)or b! an! applicable stat$te) the da! of the act orevent fro# which the desinated period of ti#ebeins to r$n is to be ecl$ded and the date ofperfor#ance incl$ded. 3f the last da! of theperiod) as th$s co#p$ted) falls on a *at$rda!) a*$nda!) or a leal holida! in the place where theco$rt sits) the ti#e shall not r$n $ntil the networkin da!

-2/ *ho$ld an act be done which eectivel!interr$pts the r$nnin of the period) the allowableperiod after s$ch interr$ption shall start to r$n onthe da! after notice of the cessation of the ca$sethereof.The da! of the act that ca$sed theinterr$ption shall be ecl$ded in the co#p$tationof the period


18/41

Revised Administrative Code

*ection 61. "ear" shall be $nderstood to be

twelve calendar #onths8 "#onth" of thirt! da!s)$nless it refers to a specic calendar #onth inwhich case it shall be co#p$ted accordin to then$#ber of da!s the specic #onth contains8"da!)" to a da! of twent!,fo$r ho$rs8 and "niht)"fro# s$nset to s$nrise

C%3**3%4E5 %= 34TE54AL 5EE


19/41

principles of p$blic international law and to treat!stip$lations

Article 1K -6/. Prohibitive laws concernin persons)their acts or propert!) and those which have) fortheir obect) p$blic order) p$blic polic! and oodc$sto#s shall not be rendered ineective b! lawsor $d#ents pro#$lated) or b! deter#inationsor conventions areed $pon in a forein co$ntr!.

%enses b! #ilitar! personnel M $risdiction ofcivil trib$nals of Philippines is not aected b! the#ilitar! or special character of the persons.

'eneral 5$le@ Aliens are bo$nd b! Philippine penallaw. Eception $nder international law@1/ %ensesare co##itted in the forein territor!82/ Aainstforein o&cers8

6/ %enses co##itted in a forein vessel.

Revised Penal Code

Art. 2. Application of its provisions. O Ecept asprovided in the treaties and laws of preferentialapplication) the provisions of this Code shall beenforced not onl! within the PhilippineArchipelao) incl$din its at#osphere) its interiorwaters and #ariti#e (one) b$t also o$tside of its

$risdiction) aainst those who@

1. *ho$ld co##it an oense while on a Philippineship or airship2. *ho$ld fore or co$nterfeit an!coin or c$rrenc! note of the Philippine 3slands or

obliations and sec$rities iss$ed b! the'overn#ent of the Philippine 3slands8 chan roblesvirt$al law librar!6. *ho$ld be liable for actsconnected with the introd$ction into these islandsof the obliations and sec$rities #entioned in thepresidin n$#ber87. While bein p$blic o&cers ore#plo!ees) sho$ld co##it an oense in theeercise of their f$nctions8 or. *ho$ld co##itan! of the cri#es aainst national sec$rit! andthe law of nations) dened in Title %ne of ;ook

Two of this Code.

L. ;indin Eect

New Civil Code

Art. 1. Laws relatin to fa#il! rihts and d$ties)or to the stat$s) condition and leal capacit! ofpersons are bindin $pon citi(ens of thePhilippines) even tho$h livin abroad.

Theories on Personal Law1. ?o#iciliar! Theor! Mthe necessar! connection between a state and anindivid$al is fo$nd in the fact that the individ$al isdo#iciled in the state in 9$estion2. 4ationalit!

Theor! M nationalit! and citi(enship is the basis fordeter#inin the personal laws of an individ$al


20/41

Family Code

Art 2:-2/. Where a #arriae between a =ilipino

citi(en and a foreiner is validl! celebrated and adivorce is thereafter validl! obtained abroad b!the alien spo$se capacitatin hi# or her tore#arr!) the =ilipino spo$se shall have capacit! tore#arr! $nder Philippine law.

TE4CBA


21/41

of the person whose s$ccession is $nderconsideration) whatever #a! be the nat$re of thepropert! and reardless of the co$ntr! wherein

said propert! #a! be fo$nd.

34TE*TATE %= A%* ;ELL3*

=ACT*@ A#os ;ellis was a citi(en of Teas. Be had

leiti#ate children on his 1st

wife who# he

divorced. %n his 2nd

wife) he had 6 leiti#atechildren and 6 illeiti#ate children. ;efore hisdeath) he #ade two wills) one disposin o his

Teas properties and the other) disposin hisPhilippine properties. 3n both wills) his illeiti#atechildren were not iven an!thin. The illeiti#atechildren opposed the will on the ro$nd that the!have been deprived of their leiti#es to whichthe! sho$ld be entitled) i Philippine laws will beapplied.

3**>E@ W4 the national law of the deceasedsho$ld deter#ine the s$ccessional rihts of the

illeiti#ate children

BEL?@ The illeiti#ate children are not entitled totheir leiti#es $nder Teas Law) bein thenational law of the deceased. *ee Art 1:

New Civil Code

Art. 1K. The for#s and sole#nities of contracts)wills) and other p$blic instr$#ents shall beoverned b! the laws of the co$ntr! in which the!

are eec$ted.When the acts referred to areeec$ted before the diplo#atic or cons$laro&cials of the 5ep$blic of the Philippines in aforein co$ntr!) the sole#nities established b!Philippine laws shall be observed in theireec$tion.

Prohibitive laws concernin persons) their acts orpropert!) and those which have) for their obect)p$blic order) p$blic polic! and ood c$sto#s shall

not be rendered ineective b! laws or $d#entspro#$lated) or b! deter#inations or conventionsareed $pon in a forein co$ntr!.

Art. 1+. 3n #atters which are overned b! theCode of Co##erce and special laws) theirdecienc! shall be s$pplied b! the provisions ofthis Code.

E. TAA4% ?'E %5T3G

=ACT*@ *en. Ta#ano and Gora!da Ta#ano #arriedin civil rites. ;efore *en. Ta#ano died) he #arriedEstrellita in civil rites too. A !ear after *en.

Ta#anoIs death) Gora!da and her son led aco#plaint for declaration of n$llit! of #arriae ofher h$sband and Estrellita on the ro$nd that itwas bia#o$s. Gora!da f$rther clai#ed that her


22/41

h$sband clai#ed to be divorces and Estrellita assinle) hence) their #arriae was fra$d$lent.Estrellita led a #otion to dis#iss allein that VC

5TC has no $risdiction beca$se onl! a part! to a#arriae co$ld le an action for ann$l#entaainst the other spo$se. Estrellita also contendedthat since Ta#ano and Gora!da were both$sli#s and #arried in $sli# rites) the

$risdiction to hear and tr! the case is vested in*haria co$rts p$rs$ant to Art 1 of Code of$sli#. 5TC denied the petition and r$led it has

$risdiction since Estrellita and Ta#ano were#arried in accordance with the Civil Code. otion

for reconsideration was also denied. Petitionerreferred to *C which r$led that it sho$ld bereferred to CA rst. The CA r$led that the casewo$ld fall $nder the ecl$sive $risdiction of shariaco$rts onl! when led in places where there aresharia co$rts. ;$t in places where there are nosharia co$rts) the instant petition co$ld be at 5TC.Bence) this petition.

3**>E@ W4 *haria co$rts and not the 5TC has

$risdiction over the s$bect case and the nat$reof action.BEL?@ *C held that 5TC has $risdictionover all actions involvin the contract of #arriaeand #arital relations. 3n this case) both petitionerand the deceased were #arried thro$h a civilweddin. And whether or not the! were likewise#arried in a $sli# weddin) sharia co$rts arestill not vested with oriinal $risdiction over

#arriaes #arried $nder civil and $sli# law.

Digest 6:VIRGILIO O. GARCILLANO vs. THE HOUSE

OF REPRESENTATIVES COMMITTEES ON PUBLICINFORMATION, PUBLIC ORDER AND SAFETY,NATIONAL DEFENSE AND SECURITY, INFORMATIONAND COMMUNICATIONS TECHNOLOGY, !"SUFFRAGE AND ELECTORAL REFORMS

G.R. N#. $%&''( De)e*+e -', -&&(VIRGILIO O. GARCILLANO, etiti#!e,vs.THE HOUSE OF REPRESENTATIVES COMMITTEES

ON PUBLIC INFORMATION, PUBLIC ORDER ANDSAFETY, NATIONAL DEFENSE AND SECURITY,INFORMATION AND COMMUNICATIONSTECHNOLOGY, !" SUFFRAGE AND ELECTORALREFORMS, es#!"e!ts./ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 /G.R. N#. $%1-%2 De)e*+e -', -&&(SANTIAGO 3AVIER RANADA !" OS4ALDO D.AGCAOILI, etiti#!es,vs.THE SENATE OF THE REPUBLIC OF THEPHILIPPINES, REPRESENTED BY THE SENATEPRESIDENT THE HONORABLE MANUEL VILLAR,es#!"e!ts./ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 /MA3. LINDSAY RE5 SAGGE, etiti#!e0i!0i!teve!ti#!/ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 /AUILINO . PIMENTEL, 3R., BENIGNO NOYNOY C.


23/41

AUINO, RODOLFO G. BIA7ON, PANFILO M.LACSON, LOREN B. LEGARDA, M.A. 3AMBY A.S.MADRIGAL, !" ANTONIO F. TRILLANES, es#!"e!ts0

i!teve!#s

F)ts: D8i!g t9e 9e #; A## "*i!istti#!, !e

persons and family relations reviewer part 1

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