CIVIL CODE OF THE PHILIPPINES Exceptions to Prospective Effect of Law

Republic Act 386

August 30, 1950  Laws themselves provide for
retroactivity (Art. 4 CC) but no ex post
PRELIMINARY TITLE facto law be passed.
 Laws are remedial in nature.
CHAPTER I  If statute is penal in nature provided:
EFFECT AND APPLICATION OF LAWS o Favorable to the accused or to
the convict
Article 1. This Act shall be known as the "Civil o Provided further that the
Code of the Philippines." (n) accused or convict is not a
Article 2. Laws shall take effect after fifteen habitual delinquent. (Art 22
days following the completion of their RPC)
publication either in the Official Gazette or in Recidivism under Article 14 (9) – The offender
a newspaper of general circulation in the at the time of his trial for one crime shall have
Philippines, unless it is otherwise provided. (As been previously convicted by final judgment or
amended by Sec.1, EO No. 200, June 18, 1987.) another, embraced in the same title of the
President is the law-making authority during RPC.
martial law who can issue: Habitual delinquency under Article 62 (5) –
 General Orders The offender within the period of 10 years
 Presidential Decrees or Executive from the date of his release or last conviction,
Orders the crimes of serious or less serious physical
 Letters of Instruction or injuries, robo, hurto, estafa, or falsification is
Implementation found guilty of any of said crimes a third time
 Proclamations or oftener.

Ordinary Law takes effect:  Laws are of an emergency nature and

are authorized by the police power of
 On the date it is expressly provided to the government.
take effect (Art. 2, Civil Code)  Law is curative (cure errors or
 After 15 days following the completion irregularities)
of its publication in the Official  If a substantive right be declared for
Gazzette or in a newspaper of general the first time, unless vested rights are
circulation. impaired.
“If a law provides for its own effectivity, as Article 5. Acts executed against the provisions
long as it is not PUNITIVE in character, of mandatory or prohibitory laws shall be void,
publication is not necessary.” except when the law itself authorizes their
“Executive Orders and Administrative Rules validity. (4a)
must conform to standards of the law and Prohibitory laws are mandatory laws that
have the force of law.” imposes duty to refrain from doing a forbidden
Article 3. Ignorance of the law excuses no one act.
from compliance therewith. (2) Kinds of Mandatory Legislation:
Latin Legal Maxim- Ignorantia Legis non  Positive – when something must be
Excusat (refers only to mandatory or done
prohibitive laws and not to permissive or  Negative or prohibitory – when
suppletory laws) something should not be done
Doctrine of Processual Presumption – The Exceptions:
foreign law, whenever applicable, should be
proved by the proponent thereof, otherwise,  When the law makes the act not void
such law shall be presumed to be exactly the but merely voidable at the instance of
same as the law of the forum. the victim.
 When the law makes the act valid, but
Article 4. Laws shall have no retroactive effect, subjects the wrongdoer to criminal
unless the contrary is provided. (3) responsibility.
  When the law makes the act itself void, Rights that can not be renounced:
but recognizes some legal effects
 Natural rights, such as the right to life
flowing therefrom.
 Alleged rights which really do not yet
 When the law itself makes certain acts
exist
valid although generally they would
 Those the renunciation of which would
have been void.
infringe upon public policy
Article 6. Rights may be waived, unless the  When the waiver is prejudicial to a
waiver is contrary to law, public order, public third person with a right recognized by
policy, morals, or good customs, or prejudicial law
to a third person with a right recognized by
Article 7. Laws are repealed only by
law. (4a)
subsequent ones, and their violation or non-
Rights may be waived except: observance shall not be excused by disuse, or
custom or practice to the contrary.
 When the waiver is contrary to law,
public order, public policy, morals or When the courts declared a law to be
good customs. inconsistent with the Constitution, the former
 When the waiver is prejudicial to the shall be void and the latter shall govern.
third person with a right recognized by
Administrative or executive acts, orders and
law. (unless waiver has been made
regulations shall be valid only when they are
with the consent of such third persons)
not contrary to the laws or the Constitution.
Right – power or privilege given to one person (5a)
and as a rule demandable of another, as the
Sources of Law:
right to recover a debt justly due.
 Constitution
Active Subject- the person entitled
 Laws (or Presidential Decrees)
Passive Subject- the person obliged to suffer  Administrative or Executive Acts,
the enforcement of the right Orders, and Regulations
Real Rights (jus in re, jus in rem) – enforceable Grounds for declaring Law Unconstitutional
against the whole world (absolute rights)
 Enactment of the law may not be
Personal Rights (jus in personam, jus ad rem) within the legislative powers of the
– enforceable against a particular individual lawmaking body.
(relative rights)  Arbitrary methods may have been
established.
Waiver – intentional or voluntary
 The purpose or effect violates the
relinquishment of a known right
Constitution or its basic principles.
Requisites of a valid waiver:
Operative Fact Doctrine – when a legislative or
 The person waiving must be executive act, prior to its being declared
capacitated to make the waiver. unconstitutional by the courts, is valid and
 The waiver must be made clearly, but must be complied with.
now necessarily express.
Article 8. Judicial decisions applying or
 The person waiving must actually have
interpreting the laws or the Constitution shall
the right which he is renouncing,
form a part of the legal system of the
otherwise he will not be renouncing
Philippines. (n)
anything.
 The waiver, as in the express remission Jus dicere, non jus dare – the courts exist in
of a debt in favor of the waiver, must order to state what the law is, not for giving it.
comply with the formalities of a
Doctrine of Stare Decisis – adherence to
donation.
precedents, “once a case has been decided
 The waiver must not be contrary to
one way, then another case, involving exactly
law, public order, public policy, morals
the same point at issue, should be decided in
or good customs.
same manner.”
 The waiver must not prejudice others
with a right recognized by law. Obiter Dicta - are opinions not necessary to
the determination of the case.
Judicial decisions may be abrogated through: Article 12. A custom must be proved as a fact,
according to the rules of evidence. (n)
 Contrary ruling by the Supreme Court
itself Kinds of Customs
 Corrective legislative acts of Congress,
 General custom – that of a country
although said laws can’t adversely
 Custom of the Place- where an act
affect those favored prior to SC
transpires
decisions.
 Propter legem- in accordance with law
Extradition is the removal of a person from a  Contra legem- against the law
requested state to a requesting state for
Article 13. When the laws speak of years,
criminal prosecution or punishment.
months, days or nights, it shall be understood
Article 9. No judge or court shall decline to that years are of three hundred sixty-five days
render judgment by reason of the silence, each; months, of thirty days; days, of twenty-
obscurity or insufficiency of the laws. (6) four hours; and nights from sunset to sunrise.
Rules judge may apply if law is Silent: If months are designated by their name, they
shall be computed by the number of days
 Customs which are not contrary to law,
which they respectively have.
public order, and public policy.
 Decisions of foreign and local courts on In computing a period, the first day shall be
similar cases. excluded, and the last day included. (7a)
 Opinions of highly qualified writers
Article 14. Penal laws and those of public
and professors.
security and safety shall be obligatory upon all
 Rules of Statutory Construction.
who live or sojourn in the Philippine territory,
 Principles laid down in analogous
subject to the principles of public international
instances.
law and to treaty stipulations. (8a)
Article 10. In case of doubt in the
Theory of territoriality – any offence
interpretation or application of laws, it is
committed within our territory offends the
presumed that the lawmaking body intended
state.
right and justice to prevail. (n)
Generality – even aliens, male or female
Article 11. Customs which are contrary to law,
comes under our territorial jurisdiction.
public order or public policy shall not be
countenanced. (n) Exceptions under Art.14
Customs – rule of human action (conduct)  Principles of public international law
established by repeated acts, and uniformly o Immunities granted to
observed or practiced as a rule of society, diplomatic officials and visiting
through implicit approval of the lawmakers, head of states as long as they
and is obligatory and legally binding. don’t travel incognito
 Presence of Treaty Stipulations
Requisites before Courts can consider
Customs Article 15. Laws relating to family rights and
duties, or to the status, condition and legal
 Must be proved as a fact, according to
capacity of persons are binding upon citizens
the rules of evidence
of the Philippines, even though living abroad.
 Must not be contrary to law (contra
(9a)
legem), public order, or public policy.
 Must have a number of repeated acts Status of a Person – personal qualities and
 Repeated acts must have been relations, more or less permanent in nature,
uniformly performed. and not ordinarily terminable at his own will.
 Must have a juridical intention to make
Art. 15 Nationality Principle refers to:
a rule of social conduct.
 Must have a sufficient lapse of time.(x)  Family rights and duties (parental or
marital authority or support)
Law is written, consciously made, and enacted
 Status
by Congress while Custom is unwritten,
 Condition
spontaneous, and comes from society.
  Legal Capacity (subject to various Renvoi Problem – (referring back)problem
exceptions) that arise when there is a doubt as to whether
a reference in our law to a foreign law
Private international law is a body of rules
used to resolve legal disputes between private  is a reference to the Internal Law of
individuals who cross international said foreign law
boundaries.  is a reference to the whole of the
foreign law, including its CONFLICT
The capacity to enter into an ordinary contract
RULES
is governed by the national law of the person,
and not by the law of the place where the Article 17. The forms and solemnities of
contract was entered into. contracts, wills, and other public instruments
shall be governed by the laws of the country in
Capacity to enter into other Relations
which they are executed.
 Capacity to acquire, encumber, assign,
When the acts referred to are executed before
donate or sell property depends on the
the diplomatic or consular officials of the
law of the place where the property is
Republic of the Philippines in a foreign
situated.
country, the solemnities established by
 Capacity to inherit depends on the
Philippine laws shall be observed in their
national law of the decedent.
execution.
 Capacity to get married depends on
the law of the place where the Prohibitive laws concerning persons, their acts
marriage was entered into (lex loci or property, and those which have, for their
celebrationis or locus regit actum) object, public order, public policy and good
subject to certain exceptions. customs shall not be rendered ineffective by
laws or judgments promulgated, or by
Article 16. Real property as well as personal
determinations or conventions agreed upon in
property is subject to the law of the country
a foreign country. (11a)
where it is stipulated.
Article 18. In matters which are governed by
However, intestate and testamentary
the Code of Commerce and special laws, their
successions, both with respect to the order of
deficiency shall be supplied by the provisions
succession and to the amount of successional
of this Code. (16a)
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by In general, Special law prevails over the Civil
the national law of the person whose Code in case of conflict between the latter and
succession is under consideration, whatever Other Laws.
may be the nature of the property and
regardless of the country wherein said
property may be found. (10a)

Lex Rei Sitae – law of the place where the

property is situated

Exception to Lex Situs Rule

Matters governed by the Nat’l Law of

Deceased

 Order of Succession
 Amount of Successional Rights
 Intrinsic validity of the provisions of a
will.
 Capacity to succeed.

Renvoi Law - refers to the application of rules

of one state by the court or tribunal of another
state, in order to solve a conflict of laws
problem.