CIWIILLILAW BREWILEEW -

Rabuya's notes
-

2024 :)

CIWIIL COODDE fh IPIHIILLIIIPIPIINESS

Ett11 :
this Act shall be known as the "Civil Code of the
Philippines".
Atte 2 : Laws shall take effect after IS
days following the completion
of their
publication either in the Official Gazette or in a
newspaper
ofgeneral circulation in the
Philippines ,
unless it is otherwise stated .

This Code shall take effect one

year after such
publication .

When the law is silent

effectivity of Laws :
a .
as to its
effectivity
:
It shall take
effect" after (15) days following the completion of its publication
either in the Official Gazette of
or in a
newspaper general
circulation.
1 the 16th not the 15th
.

effectivity date ; day

EXAMMIPLE
.

S
:: if the law is then it will
completely published on March I
,

become effective on March 17 .

6) When law
provides for its date of effectivity It shall
:

take effect the law is published

on said date
provided that .

Publication of laws is
indispensable and cannot be
with
dispensed .

the reason for this rule is that the basic constitutional

requirement of due must be satisfied

process .

CASSEE :: Tanada vs . Tuvera : the clause "unless it is otherwise

provided "refers
to the date of effectivity and not to the
requirement
ofpublication itself which cannot in event be omitted
any
.

. When law
2 provides that it shall take effect "immediately
It should be construed
upon approval" becoming
: as

effective
immediately upon complete publication
its .

.......... -
 There is
nothing
effect
in Ar 2 that
.

,
prevents a law
from
taking on a date other than -

or even before the

IS
day period after its
publication ,
and where the law
provides for its own date of effectivity such dates ,
prevails
over that
prescribed in Ar 2 .
.

At 3 :
Ignorance of the law excuses no one from
compliance there with .

presumption of knowledge of laws As to domestic laws Everyone is

:
a .
:

conclusively presumed to know the law But this rule applies .

only to our internal/domestic laws Thus ignorance of .

,

the law excuses

from compliance therewith
no one -

However mistake doubtful difficult

question of law
-

a or
upon ,

be the basis and

of
good faith may
come within the
scope
of

solutio indebiti.
. As to
b
foreign laws there is conclusive presumption of no
:

knowledge of foreign laws. Hence foreign laws must be specially ,

alleged and proved our courts will presume that the foreign
,

law must be alleged and proved and our courts will

specially ,

presume that
the
foreign law is the same our local/ as

domestic/internal law. This is known the doctrine of as

processual presumption/ doctrine of presumed

identity approach in international law .
: Laws shall have no retroactive effect unless the
, contrary is

provided.
rule on
Operational and
Application of laws
:

.
9 General rule laws : are to be construed as having only .

prospective operation :
lex prespirit ,
now
respect;
the law looks forward not
,
backward .

this is due to the unconstitutional result of retroacting

a law's
application ; it divests rights that have already
.........
 become vested/impairs obligations of contracts ·

b C = 31110 : laws be retroactive effect in

given
=

may
the ff cases
.

1) When the law itself

provides for its retroactivity I
unless
the retroactive will
application of a statute make it an

ex
post facto law will result or in the impairment of
it cannot be
obligations of contracts in which ,
case
, given
retractive effect .

2) When a law is favorable to the accused unless the

penal ,

convicted felon is a habitual delinquent in which case

,

it cannot be retroactive
given application .

3) When the law is

remedial/procedural in nature
,
be
no rested
right may attach
to nor arise from
procedural laws hence statutes
, regulating theprocedure
,
I
of the courts will be construed as to actions
applicable
and undetermined at the time of their
pending passage
-

erocedural laws are retroactive;

I
4) When the law is curative in character because curative
statutes enacted to
are defects in
prior law
cure a or

to validate which
legal proceedings cure defects in a

prior
law or to validate legal proceedings which would
otherwise be void for want of
conformity with certain legal
requirements - curative statutes therefore ,
are retroactive.
,

5) When the law creates new

rights provided
substantive it
,

has not
prejudiced another
acquired right of the same

origin .

Atte 5 :
Acts executed
against the provisions
of
mandatory / prohibitory laws
shall be void
except when the law itself authorizes their validity .
,

At 6
:Rightsmaybewaived t
unless he i
waiver scontrary to law public a
orde

,
,

with
↓
person
a
right
recognized by the law .
 requisites for valid waivertheof rights
:

1) that person making waiver

possesses right;
the the

2) that he has the

capacity and to dispose of the
power
right .

3) that the waiver must be made

expressly or
impliedly ; and
4) that the waiver
contrary to law public policy public
is not
, ,

order morals
, good customs or prejudicial to 3rd person with
, ,
a

a
right recognized by law .

Suttle : Laws are

repealed only by subsequent ones
,
and their violation or

non-observance shall not be excused

practice to the
by disuse ,
orcustom or

contrary .

When the courts declared a law to be inconsistent with the Constitution the
,

former shall be raid and latter shall

govern
.

shall be valid
Administrative or executive acts orders and
, regulations only
when not to the laws the constitution .
they are
contrary or

upral of Laws a) :
.
Manner of repeal 1 Express repeal An express repeal is that
-

.
:

But the
contained in special
a
provision of subsequent law repealing
a .

clause must
identify/designate the
particular/specific law to be

repealed otherwise there is no

, express repeal .

Implied repeal .
2
place when the provisions :
It takes
of the
subsequent law are incompatible with those of earlier law an

express repeal requisites for implied

and there is no There two . are

repeals (i) the

: laws cover the same
subject matter ,

and (ii) the latter is

repugnant to the earlier .

1) Effect of repeal of repealing laws D In express repeal When -

.
:

a law which
expressly repeals a prior law is itself repealed the ,

law first
repealed shall not be thereby revived unless
expressly
so
provided
2) . In
implied repeal When : a law which

impliedly repeals a prior law is itself repealed ,

the
prior law
be
thereby
revived law
shall
,
unless the
repealing provides otherwise.
Arti 8: Judicial decisions
applying or
interpreting the laws/the Constitution
shall farm a
part of the
legal system
of the
Philippines .

Judicial Devisions a) Part of Judicial decisions

effects of
:
.
legal system :

applying or

interpreting the laws or the Constitution shall farm a

part
the
of legal system of the
Philippines .

-
The decisions referred to are
only those enunciated
by the
Court establish doctrines in
Supreme jurisprudence or

thisjurisdiction .

b) Operation application D Rule retroactive application

and :
:

:
.

the
Supreme Court's interpretation of statute forms a