Civil 1 Review Syllabus

Now they argon lumped unitedly as illegiti prostratee. Thus, spurious children be confusen remedys. 2. Different solutions to old problems moral Change in river course 3. Clarification of old provisions purpose lesson Under the old Civil rule, there were moreover demoralize and revokable contr work ons. With the addition of unenforceable and rescissible contr flirts, the NCC fork ups clarification 4. Certain routs omitted prototypes The dowry has been omitted certain leases get hold of also been omitted. The NCC is far from perfect. There atomic number 18 structural defects.Certain things which should be in the preliminary section are run aground elsewhere. An example of this is the vices of consent. Why are they found in contracts? They are relevant in in all juridical trans deeds. A nonher example is the topic of degrees of descent. This is found only(prenominal) in succession. Degrees of relationship are relevant in narrate books too. Finally, why is tradition found in the integrity on sales? Tradition is non only important in sales. Rather, tradition is a mode of acquiring ownership. approach TITLE I. Effect and Application of fairnesss Art. 1.This Act shall be known as the Civil Code of the Philippines. Art. 2. Laws shall choose effect after fifteen days avocation the completion of their government issue in the formalised Gazette, unless it is differently provided. This Code shall take effect wholeness year after much(prenominal) event. This order shall take effect 1 year after such humankindation. The SC in the solecism of Lara vs. Del Rosario that the virtuoso year should be counted from the date of literal release and not the date of issue. executive director director Order No. two hundred supersedes portion 2 regarding the time of effectivity of sound philosophys. EXECUTIVE ORDER zero(prenominal) 00 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A indispensability FOR THEIR EFFECTIVITY WHEREAS, hold 2 of the Civil Code fiberly provides that faithfulnesss shall take effect after fifteen days following the completion of their publication in the authoritative Gazette, unless it is new(prenominal)wise provided . . . WHEREAS, the requirement that for impartialitys to be effective only a publication thereof in the Official Gazette go a focal point suffice has entailed some problems, a point recognized by the imperative Court in Tanada, et al. vs. Tuvera, et al. (G. R. No. 3915, December 29, 1986) when it discover that there is much to be state of the view that the publication need not be do in the Official Gazette, considering its erratic release and limited readership WHEREAS, it was overly observed that undoubtedly, newfoundspapers of worldwide circulation could better manage the function of communicating the police forces to the people as such periodicals are more easily avai lable, confuse a wider readership, and succeed out regularly and WHEREAS, in view of the foregoing premises condition 2 of the Civil Code should accordingly be amended so the fairnesss to be effective moldinessinessiness be published all in the Official Gazette or in a newspaper of general circulation in the agricultural NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the fundamental law, do hereby order Sec. 1.Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is new(prenominal)wise provided. Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, and all other laws unreconciled with this Executive Order are hereby repealed or modified accordingly. Sec. 3. This Executive Order shall take effect immediately after its publication in the Official Gazette. D iodin in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen hundred and eighty-seven. 15 days following does this flirt with on the 15th or 16th day? The law is not clear. Under Article 2, publication in the Official Gazette was necessary.Now, on a lower floor E. O. No. 200, publication whitethorn either be in the Official Gazette or a newspaper of general publication. unless otherwise provided refers to when the law shall take effect. It does not mean that publication plunder be represent with. Otherwise, that would be a ravishment of due process. oecumenic reign Laws mustiness be published in either the Official Gazette or a newspaper of general circulation. exclusion The law may provide for another means of publication. Different manner meaning 1. Not in Official Gazette or newspaper of general circulation or Example Read over the television or the radio (provided that the alternative is well-founded) 2.Change in the period of effectivity publication means making it known dissemination. It doesnt have to be in writing. Change period of effectivity the violate betwixt publication and effectivity should be reasonable under the circumstances. earlier publication, bearnot apply the law whether penal or civic (Pesigan vs. Angeles) Why? How tramp you be bound if you dont know the law. Requirement of publication applies to all laws and is mandatory. Art. 3. Ignorance of the law excuses no one from compliance therewith. Ignorantia legis neminem excusat (Ignorance of the law excuses no one). This is a necessary rule for all genteelized society.Otherwise it would be unrealistic to enforce the law. It is very hard to determine whether or not a individual really does not know the law. Without this rule, there would be anarchy. The law sacrifices occasional harshness to prevent universal anarchy. There are capableness methods to mitigate the severity of Article 3 Articles 526 (3), 2155, 13 34. * In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in effectual corporate trust since a difficult question of law was regard antichresis. In this field of study, the parties were not very knowledgeable of the law. Article 3 applies only to ignorance of Philippine law. It does not apply to alien law.In Private Inter internal Law, foreign law must be proven even if it is applicable. Otherwise, the homage of unlessices impart presume the foreign law to be the identical as Philippine law. Art. 4. Laws shall have no retro effect, unless the contrary is provided. Lex de futuro judex de preterito (The law provides for the future, the judge for the past). Retroactive law one which creates a new obligation and imposes a new duty or attaches a new disability with respect to trans executes or considerations already past. General Rule Law must be applied prospectively. censures 1. If the statute provides for retroactivity. Exception to the excommunication a. Ex post facto laws b. Laws which impair the obligation of contracts 2.Penal laws insofar as it favors the incriminate who is not a habitual nefarious, even though at the time of the enactment of such law final sentence has already been saveed. 3. Remedial laws as long as it does not affect or change vested dependables. 4. When the law creates new substantive rights unless vested rights are impaired. 5. Curative laws (the nominate is to cure defects or imperfections in judicial or administrative impressings) 6. instructive laws 7. Laws which are of emergency nature or are current by police power (Santos vs. Alvarez PNB vs. Office of the President) Art. 5. Acts executed against the provisions of mandatory or prohibitive laws shall be forfend, except when the law itself authorizes their legality. A mandatory law is one which prescribes some element as a requirement (i. e. go outs must be written Article 804( form of donations Article 749) A prohibitory law is one which forbids something (i. e. , joint wills Article 818() General Rule Acts which are contrary to mandatory or prohibited laws are void. Exceptions 1. When the law itself authorized its sanitary-groundedity (i. e. , lotto, sweepstakes) 2. When the law take fors the act only voidable and not void (i. e. , if consent is vitiated, the contract is voidable and not void) 3. When the law makes the act valid however punishes the violator (i. e. , if the marriage is celebrated by someone without legal authority but the parties are in good faith, the marriage is valid but the person who married the parties is liable) 4.When the law makes the act void but recognizes legal effects flowing therefrom (i. e. , Articles 1412 & 1413() Art. 6. Rights may be waived, unless the passing is contrary to law, public order, public policy, morals, or good tradition, or harmful to a third person with a right recognized by law. What one base waive are rights and not obligations. Example, a creditor whoremonger waive the loan but the debtor may not. There is no form required for a firing off since a waiver is optional. You can waive by mere in activity at law, refusing to collect a debt for example is a form of waiver. Requisites of a valid waiver (Herrera vs. Boromeo) 1. Existence of a right 2. Knowledge of the existence of the right 3.An intention to relinquish the right (implied in this is the depicted object to dispose of the right) General Rule Rights can be waived. Exceptions 1. If waiver is contrary to law, public order, public policy, morals or good use of goods and servicess 2. If the waiver would be prejudicial to a 3rd party with a right recognized by law. (e. g. , If A owes B P10M, B cant waive the loan if B owes C and B has no other assets. ) Examples of waivers which are prohibited 1. Repudiation of future inheritance 2. wrong of the protection of pactum commissorium 3. Waiver of future support 4. Waiver of employment benefits in advance 5. Waiver of minimum wage 6. Waiver of the right to void a will Art. 7.Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the addresss state a law to be mismatched with the Constitution, the former shall be void and the latter(prenominal) shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. Article 7 is obvious be curtilage time moves forward. Only subsequent laws can repeal prior laws either through 1. A repealing clause 2. mutual exclusiveness of the subsequent and prior laws The violation of a law is not reassert even if 1. No one follows the law (i. e. nonpayment of taxes) 2. There is a custom to the contrary The 2nd par. of Article 7 is judicial palingenesis in statutory form. Art. 8. Judicial decisions applying or interpreting the laws or the Con stitution shall form a part of the legal system of the Philippines. This is a new provision taken from common law. Under the civil law tradition, the court merely applies the law. However since the Philippine legal system is a combining of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent. Art. 9. No judge or court shall filiation to render head by reason of the silence, obscurity or insufficiency of the laws. Art. 10.In case of doubt in the interpretation or application of laws, it is presumed that the statute law body intended right and justice to prevail. What if the law is silent? The court should render a decision ground on justice as stated in Article 10. Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. What if springer are not contrary to law? The custom would be countenanced. However, this does not mean that the custom would have bounden force. Art. 12. A custom must be proved as a fact, according to the rules of evidence. The law doesnt specify the cases when custom is relevant in litigation. But in case custom is relevant, it should be proven. Commentators say that custom is important in cases involving negligence.For example, if a kalesa in Manila is by custom supposed to have rattan baskets to prevent people from slipping, if a person slips because there is no rattan basket, thence he can sue for negligence. Art. 13. When the laws speak of days, months, days or nights, it shall be mum that years are of three hundred 65 days each months, of thirty days days, of twenty-four hours and nights from sunset(a) to sunrise. If months are designated by their name, they shall be computed by the numerate of days which they respectively have. In computing a period, the first day shall be excluded, and the last day admitd. Article 13 has been superseded by Executive Order No. 292 (the revise Administrative Code of 1987) Book 1, 31. Sec. 31. Legal Periods. Year shall be understood to be twelve calendar months month of thirty days, unless it refers to a item calendar month in which case it shall be computed according to the number of days the specific month contains day, to a day of twenty-four hours and night, from sunset to sunrise. Under E. O. No. 292, a year is now equivalent to 12 calendar months and not 365 days. Under Article 13 resile years are not considered. For examples, in order to make a will, one has to be 18 years old. But if you use Article 13, one loses 4 to 5 days if you dont count the leap years. E. O. No. 292 is better than Article 13 since it is more realistic. There should have been a definition of hours.That definition is relevant for labor law. According to professor Balane, an hour should be defined as 1/24 of a calendar day. If you use the definition that an hour is equal to 60 minutes, then we would have to define minutes, then seconds, and so on. It would be too scientific. II. Conflicts of Law Provisions Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public inter subject area law and to treaty stipulations. Two principles 1. Territoriality General Rule Criminal laws apply only in Philippine territory. Exception Article 2, Revised Penal Code. ( 2.Generality General Rule Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions In these instances, all the Philippines can do is expel them a. treaty stipulations which exempt some persons within the jurisdiction of Philippine courts (e. g. , Bases Agreement) b. Heads of State and Ambassadors (Note Consuls are subject to the jurisdiction of our poisonous courts. ) Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Theories on personalised Law 1. Domic iliary theory the personal laws of a person are determined by his domicile 2.Nationality theory the nationality or citizenship determines the personal laws of the several(prenominal) Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status and legal capacity of Filipinos are governed by Philippine law. General Rule Under Article 26 of the Family Code, all marriages solemnized outside the Philippines in accordance with the laws in force in the awkward where they were solemnized and valid there as such, is also valid in the Philippines. Exception If the marriage is void under Philippine law, then the marriage is void even if it is valid in the country where the marriage was solemnized . Exception to the exception 1. Article 35, 2, Family Code Art. 35.The following marriages shall be void from the beginning (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing police officer had the legal authority to do so 2. Article 35, 3, Family Code Art. 35. The following marriages shall be void from the beginning (3) Those solemnized without license, except those covered the preceding Chapter Even if the foreign marriage did not comply with either s 2 and 3 of Article 35, Philippine law will recognize the marriage as valid as long as it is valid under foreign law. Art. 16, 1. Real topographic point as well as personal piazza is subject to the law of the country where it is stipulated. Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of the country in which it is primed(p)). In Tayag vs.Benguet consolidated, the SC said that Philippine law shall govern in cases involving shares of stock of a Philippine corporation even if the owner is in the US. Art. 16, 2. However, intestate and testamentary successions, both with respect to the order of succ ession and to the center of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. This is merely an extension of the nationality theory in Article 15. The national law of the decedent regardless of the location of the property shall govern.Thus, the national law of the decedent shall determine who will succeed. In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the law of the Philippines should govern regarding the distribution of the properties is invalid. In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the decedent was a citizen of California who resided in the Philippine. The problem was that under Philippine law, the national law of the decedent shall govern. On the other hand, un der California law, the law of the state where the decedent has his domicile shall govern. The SC accepted the referral by California law and applied Philippine law (single renvoi). Problem What if the decedent is a Filipino domiciled in a foreign country which follows the domiciliary theory? According to Professor Balane, one way to resolve the situation is this Philippine law should govern with respect to properties in Philippine while the law of the domicile should govern with respect to properties located in the state of domicile. Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed onwards the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions concord upon in a foreign country. Lex loci celebrationis (formal requirements of contracts, wills, and other public instruments are governed by the country in which they are executed) There is no conflict between the 1st of Article 16 and the 1st of Article 17 since they give tongue to of 2 different things. Thus, the formal requirements of a contract involving real property in the Philippines must follow the formal requirements of the place where the contract was entered into. However, if what is involved is not the formal requirements, then the law of the place where the properties (whether real or personal) are located shall govern. Art. 18.In matters which are governed by the Code of Commerce and supernumerary laws, their deficiency shall be supplied by the provisions of this Code. III. Human Relat ions Art. 19. any person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall remedy the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall quit the latter for the damage. Art. 22.Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. Art. 23. Even when an act or event causing damage to anothers property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. Art. 24. In all contractual, property or other relations, when one of the p arties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, bid age or other handicap, the courts must be vigilant for his protection. Art. 25.Thoughtless transport in expenses for pleasure or display during a period of sharp-worded public want or emergency may be halt by order of the courts at the instance of any government or private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy and ease of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a barbarous offense, shall produce a cause of action for damages, prevention and other relief (1) Prying into the privacy of anothers residence (2) Meddling with or disturbing the private life or family relations of another (3) Intriguing to cause another to be alien from his friends (4) Vexing or humiliating another on account of his ghostlike beliefs, lowly station in life, place of birth, phy sical defect, or other personal condition. Art. 27.Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, cheat or any other unjust, op pinchive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or negligence may be instituted. Such action requires only a prevalence of evidence.Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for dama ges in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31.When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed separately of the criminal proceedings and regardless of the result of the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any o f the following rights and liberties of another person shall be liable to the latter for damages (1) immunity or religion (2) exemption of speech (3) Freedom to write for the press or to maintain a periodical publication (4) Freedom from whimsical or illegal detention (5) Freedom of suffrage 6) The right against expiration of property without due process of law (7) The right to a just compensation when private property is taken for public use (8) The right to the equal protection of the laws (9) The right to be secure in ones person, house, papers, and effects against unreasonable searches and seizures (10) The liberty of abode and of changing the same (11) The privacy of communication and correspondence (12) The right to become a member of associations or societies for purposes not contrary to law (13) The right to take part in a peaceable assembly to petition the Government for change of grievances (14) The right to be a free from involuntary servitude in any form (15) The rig ht of the accused against excessive bail 16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses formulation to face, and to have compulsory process to secure the attendance of witness in his behalf (17) Freedom from being compelled to be a witness against ones self, or from being forced to confess guilt, or from being bring on by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendants act or omission constitutes a criminal offense, the aggrieved party has a right to commence an en tirely separate and distinct civil action for damages, and for other relief.Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The office herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Art. 34.When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, an d the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender.Such civil action may be supported by a preponderance of evidence. Upon the defendants motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting a ttorney, the civil action shall be suspended until the termination of the criminal proceedings. Art. 36. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code