Persons June 22, 2012

Article 9 the judge is somehow forced to legislate in a loose sense or to fill the gap in obscure or insufficient laws (does not include criminal offence no law = dismiss) there is no crime when there is no law.

Judge may use as his guides:1. Decisions of foreign courts2. Opinions of known authors and professors3. Applicable rules of statutory construction4. Principles formulated in analogous cases

Article 10 applies only if there is doubt

Dura Lex Sed Lex the law maybe harsh (hard) but it is (still) the law the first duty of the judge is to apply the law what the law grants, the court cannot denyIf law is iniquitous lobby for the repeal or amendment of the lawResort to equity (justice outside legality) only in the absence of, and never against, statutory law or juridical rules of procedure.

*Article 26 Par. 2 (Marriage) When a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine Law.- at the time of marriage, one is a foreigner (strictly speaking)- but Supreme Court ruled at the time of divorce, one is a foreigner interpreted the law.

Article 11 & 12Facts to be proved to make a custom an obligatory rule:1. plurality of acts which have been repeatedly done2. generally practiced by the great mass of the social group3. practiced for a long period of time4. community accepts it as a proper way of acting

Usage repetition of actsCustom law or general rule which arises from such repetition not subject to judicial notice*While there may be usage without custom, there cannot be a custom without a usage accompanying or preceding it.