Preliminaries to the 1950 Civil Code
Effectivity of Laws
1. As to the period with respect to publication (Art.2)
General Rule (GR): Laws take effect after 15 days following the completion of its publication
Exception (XPN): unless {specific period} otherwise provided but always after publication
As a rule, laws take effect at the 16th day because the law says, “after 15 days”
Publication cannot be dispensed with for to do so would be a violation of due process. It must also be in its entirety since the purpose is to inform the public of the substance of the law.
2. As to operation with respect to date of promulgation
GR: Laws have no retroactive effect
XPNS:(PIC RETRO)
1. Penal laws favorable to the accused
2. Interpretative Statutes
3. Curative Statutes
4. Laws creating new Rights
5. Emergency Laws
6. Tax laws
7. Remedial/procedural
8. Unless the law Otherwise provides
Ø XPNS to the XPNS:(IE) constitutional limits, where retroactivity would result to
1. Impairment of obligation of contracts
2. Ex Post Facto Laws
“Ignorance of the law excuses no one from compliance therewith.”
- the “laws” referred to are domestic mandatory or prohibitory laws
Mistake of Fact- when some facts which really exist are unknown or some fact is supposed to exist which really does not exist.
- excusable, if in good faith
Mistake of Law- occurs when a person having full knowledge of the facts come to an erroneous conclusion as to its legal effects
-not excusable, even if in good faith
Waiver of Rights
GR: allowed (Art. 6)
XPNS: if waiver is
1. contrary to law, public order, public policy, morals or good customs
2. prejudicial to a third party with a right recognized by law
Requisites of Waiver of Rights (EKI)
1. Existence of a right
2. Knowledge of the existence of a right
3. Intention to relinquish the right
Note: When an act is both a right and a duty, there can be no waiver.
Interpretation of Laws
1. Stare decisis (Art. 8)
2. periods – day = 24 hours, month = 30 days, year = 365 days, if month is specified = actual number of days.
3. Customs must be proven as a fact under the Rules of Evidence
4. Legislative intent for justice to prevail
Applicability of Laws
1. Penal Laws and laws of public security/safety
GR: Territoriality Rule governs (Art. 14)
XPN: Treaty stipulations, Public International Law principles
2. Laws on persons’ family rights/duties, to the status, condition and legal capacity
GR: Nationality Rule applies (Art. 15)
XPN: 1. When marriage between a Filipino citizen and a foreigner is validly celebrated and divorce is obtained abroad by the alien spouse capacitating him/her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law. (Art 26, FC);
2. Domiciliary rule supplants the nationality rule in cases involving stateless persons
3. Laws on Property
GR: Lex Rei Sitae applies (Art 16)
XPN: Testate/Intestate Succession as to 3 things only:
1. order of succession
2. amount of successional rights
3. intrinsic validity (testate only)
4. Laws on forms and solemnities of contracts, will and public documents
GR: Lex loci celebrationis applies(Art 17)
XPNS:
1. execution before Philippine diplomatic/consular officials – Philippine laws
2. prohibitive laws which cannot be rendered ineffective:
Ex. a. void marriages under Art 35, FC.
b. joint wills never valid in RP
' What laws govern he making of wills?
As to extrinsic validity (form)- Art 17
As to intrinsic validity (Art 16)
Rules on Personal Law
DOMICILIARY RULE
The basis for determining personal law of an individual is the domicile
NATINALITY RULE
The basis for determining the personal law of an individual is his citizenship
Ø Renvoi Doctrine
Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the forum, the internal law of the forum applies.
(If the foreign law refers it to a third country, the said country’s law governs. This is referred to as the transmission theory).
Ø Doctrine of Processual Presumption
The foreign law, whenever applicable, should be proved by the proponent thereof, otherwise, such law shall be presumed to be exactly the same as the law of the forum.
1. As to the period with respect to publication (Art.2)
General Rule (GR): Laws take effect after 15 days following the completion of its publication
Exception (XPN): unless {specific period} otherwise provided but always after publication
As a rule, laws take effect at the 16th day because the law says, “after 15 days”
Publication cannot be dispensed with for to do so would be a violation of due process. It must also be in its entirety since the purpose is to inform the public of the substance of the law.
2. As to operation with respect to date of promulgation
GR: Laws have no retroactive effect
XPNS:(PIC RETRO)
1. Penal laws favorable to the accused
2. Interpretative Statutes
3. Curative Statutes
4. Laws creating new Rights
5. Emergency Laws
6. Tax laws
7. Remedial/procedural
8. Unless the law Otherwise provides
Ø XPNS to the XPNS:(IE) constitutional limits, where retroactivity would result to
1. Impairment of obligation of contracts
2. Ex Post Facto Laws
“Ignorance of the law excuses no one from compliance therewith.”
- the “laws” referred to are domestic mandatory or prohibitory laws
Mistake of Fact- when some facts which really exist are unknown or some fact is supposed to exist which really does not exist.
- excusable, if in good faith
Mistake of Law- occurs when a person having full knowledge of the facts come to an erroneous conclusion as to its legal effects
-not excusable, even if in good faith
Waiver of Rights
GR: allowed (Art. 6)
XPNS: if waiver is
1. contrary to law, public order, public policy, morals or good customs
2. prejudicial to a third party with a right recognized by law
Requisites of Waiver of Rights (EKI)
1. Existence of a right
2. Knowledge of the existence of a right
3. Intention to relinquish the right
Note: When an act is both a right and a duty, there can be no waiver.
Interpretation of Laws
1. Stare decisis (Art. 8)
2. periods – day = 24 hours, month = 30 days, year = 365 days, if month is specified = actual number of days.
3. Customs must be proven as a fact under the Rules of Evidence
4. Legislative intent for justice to prevail
Applicability of Laws
1. Penal Laws and laws of public security/safety
GR: Territoriality Rule governs (Art. 14)
XPN: Treaty stipulations, Public International Law principles
2. Laws on persons’ family rights/duties, to the status, condition and legal capacity
GR: Nationality Rule applies (Art. 15)
XPN: 1. When marriage between a Filipino citizen and a foreigner is validly celebrated and divorce is obtained abroad by the alien spouse capacitating him/her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law. (Art 26, FC);
2. Domiciliary rule supplants the nationality rule in cases involving stateless persons
3. Laws on Property
GR: Lex Rei Sitae applies (Art 16)
XPN: Testate/Intestate Succession as to 3 things only:
1. order of succession
2. amount of successional rights
3. intrinsic validity (testate only)
4. Laws on forms and solemnities of contracts, will and public documents
GR: Lex loci celebrationis applies(Art 17)
XPNS:
1. execution before Philippine diplomatic/consular officials – Philippine laws
2. prohibitive laws which cannot be rendered ineffective:
Ex. a. void marriages under Art 35, FC.
b. joint wills never valid in RP
' What laws govern he making of wills?
As to extrinsic validity (form)- Art 17
As to intrinsic validity (Art 16)
Rules on Personal Law
DOMICILIARY RULE
The basis for determining personal law of an individual is the domicile
NATINALITY RULE
The basis for determining the personal law of an individual is his citizenship
Ø Renvoi Doctrine
Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to the forum, the internal law of the forum applies.
(If the foreign law refers it to a third country, the said country’s law governs. This is referred to as the transmission theory).
Ø Doctrine of Processual Presumption
The foreign law, whenever applicable, should be proved by the proponent thereof, otherwise, such law shall be presumed to be exactly the same as the law of the forum.
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