1

I. Effectivity of the Law GR: ALL laws must be published.

Article 1. XP: 🚫internal in nature

This Act shall be known as the Civil Code of the Philippines. 🚫letters of instructions
RA No 386 (Civil Code of the Philippines)

1949 – RA No 386 passed ☑️Laws to be published. PE-AA-CC

Aug 30, 1950 – RA No 386 took effect
1. Presidential Decrees
1987 – Article 2 of CC was amended by EO No 200
2. Executive Orders

3. Administrative Rules and Regulations if the purpose

Article 2.
is to enforce/implement existing law pursuant to a
Laws shall take effect after fifteen days
valid delegation;
following the completion of their publication
in the Official Gazette unless it is otherwise provided. 4. All statutes, including local & private laws (unless
This Code shall take effect one year after such publication there are special laws providing a diif. effectivity
mechanism for particular statutes)
EO No. 200
5. Charter of a City / Municipal ordinances not covered
GR: Law may provide for its own effectivity date.
by civil code but by the Local Government Code

Signed Effectivity Published Took Effect 6. Circulars issued by the Monetary Board where
Clause purpose is not merely to interpret but to fill in the
details of the Central Bank Act;

Aug 1, 2024 Sept. 1, 2024 X no force & 🚫 need to publish ILI

effect
1. Interpretative regulations (merely internal in nature)

2. Letters of instructions (to be followed by the

Dec. 19, Jan 15, 2018 Dec. 22, 2017 Jan 15, 2018
subordinates)
2017
3. Instructions issued by, e.g. Minister of Social Welfare

Dec. 1, 2017 upon Dec. 5, 2017 Jan. 16, 2018

approval / not
EXAMPLES of ☑️or 🚫to publish:
specified
☑️reducing of incentives DENR Employees Union v Abad

Aug 1, 2024 effective Aug 15, 2024 Aug 15, 2024 🚫BIR issued circular
immediately WHERE TO PUBLISH?
upon its
approval (2 Pursuant to E.O. 200, publication of laws may either be in
views) ● Official Gazette OR

● newspaper of general circulation in the Philippines.

The law shall take effect on the 16th day because in counting
the period, FELI the first day is excluded and the last day Requisites for Newspaper of General Circulation
included (Art. 13, NCC).
● Publishing general and local news
- 15th day: “15 days after publication”
● Publishing on a regular intervals (eg.
- 16th day: “after 15 days following its publication” weekl/quarterly/annually)
- Effective upon its publication (Tanada v. Tuvera) ● has a bona fide subscription list of paying subscribers
NOTE: 15-day period may be shorted or extended NOTE:
Shorter/longer period than the 15-day ➢ It does not mean newspaper with the largest
Such period as provided in the statute shall prevail. circulation

WHAT LAWS ARE TO BE PUBLISHED? PURPOSE OF PUBLICATION

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1. It's a requirement to satisfy the due process Every person is presumed to know the law even if they have no
actual knowledge of the law.
2. There is a conclusive presumption

Publication is mandatory. The purpose is to give the public

adequate notice of laws which are to regulate their actions Why is there a Presumption of the Law?
and conducts as citizens. Without such notice and
1. bec. it's a requirement to publish the law
publication, there would be no application of the maxim
ignoratia legis non excusat. 2. bec. it's a necessity will be easier to
enforce/implement the law

3. bec. of the difficulty of proving that a person actually

Publication is indispensable, absence of which will not render
knows the law
the law effective (Tañada v Tuvera, 1986)

NOTE: It does not mean newspaper with the largest

circulation Isagani Cruz. "Laws must come out in the open in the clear
light of the sun instead of skulking in the shadows with their
NOTE: Publication must be in full or it is no publication at all.
dark, deep secrets. Mysterious pronouncements and rumored
ILLUSTRATION: rules cannot be recognized as binding unless their existence
and contents are confirmed by a valid publication intended to
Section 1 of P.D. No. 755 states: "Section 1. Declaration of
make full disclosure and give proper notice to the people. The
National Policy. - It is hereby declared that the policy of the
furtive law is like a scabbarded saber that cannot feint, parry
State is to provide readily available credit facilities to the
or cut unless the naked blade is drawn."
coconut farmers at preferential rates; that this policy can be
expeditiously and efficiently realized by the implementation of
the 'Agreement for the Acquisition of a Commercial Bank for
❖ Actual notice is not required since constructive
the Benefit of the Coconut Farmers' executed by the Philippine
notice is sufficient
Coconut Authority, the terms of which 'Agreement' are hereby
incorporated by reference; x x x" ➢ Actual notice: a person being directly given
notice that an existing case may affect his
interest
A copy of the Agreement was not attached to the Presidential
➢ Constructive notice: ‘legal fiction’; open and
Decree. P.D. No. 755 was published in the Official Gazette but
accessible to all; a person should have
the text of the Agreement described in Section 1 was not
known even if they have no actual
published. Can the Agreement in question be accorded the
knowledge of it
status of a law? Explain. (2016 Bar Question)
➢ If a person can plead ignorance of the law,
A: No, the Agreement cannot be accorded the status of law.
he can easily escape the legal consequence
L: Under the Civil Code, laws shall take effect after fifteen days of his acts, or excuse non-performance of
following the completion of their publication in the Official his legal duties
Gazette or a newspaper of general circulation in the
Philippines, unless it is otherwise provided.
NOTE:
A: Case law dictates that the publication must be of the full
The conclusive presumption that every person knows the law
text of the law, since the purpose of publication is to inform the
presupposes that the law has been published if the
public of the contents of the law, it is indispensable. Otherwise,
presumption is to have any legal justification at all
the right to due process of the people will be violated

C: Therefore, since the Agreement was never published, it can

never take effect as a law. ☑️Laws covered by Art 3

- Covers the Philippine laws, all kinds of domestic law;

II. Presumption of Knowledge of the Law - however, limited to mandatory and prohibitory laws.

Article 3. Ignorance of the law excuses no one from

compliance therewith.
🚫 Laws not covered by Art 3

- Foreign Laws – because there is no judicial notice of

CONCLUSIVE PRESUMPTION OF THE LAW such foreign laws;
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- it must be proved that there is a mistake of fact Constitutional Provision on Retroactive Law:
(Ching Huat vs. Co Heong L- 1211, January 30, 1947).
- No Ex Post Facto Law / Bill of Attainder must be
- they must be specially alleged and proved so that enacted. (Bill of Rights) pertains to (Criminal Law)
courts wil take judicial notice of foreign laws.
- No law shall be passed impairing the obligations and
contracts or that affects vested rights (Civil Law)

GR: Law shall have NO retroactive effect.

NOTE: Doctrine of Processual Presumption
- Purpose: Fairness
- if the foreign law involved is not properly pleaded and
proved, our courts will presume that the foreign law
is the same as our local or domestic or internal law. XP: UR - PP

1. Unless otherwise provided – when the law expressly

Permissive laws – if a rule allows a person a choice of provides for retroactivity.
remedies Consunji v Court of Appeals, 137873, 2001.
XP to the xp:

- if it will affect vested rights and

Ignorance of fact may excuse a party from the legal
impair the obligations & contracts
consequence of his conduct
- Ex Post Facto Law, Bill of Attainder
❖ Ignorance of fact: available defense; any act done
under a mistaken impression of a material fact;
2. Remedial or Curative – when the law is curative in
❖ Ignorance of law: not a defense
nature; or in other words, we may reach back on the
NOTE: Mistakes in the application or interpretation of difficult past event to cure or correct errors / irregularities
or doubtful provisions of law may be the basis of good faith
- so long as it does not affect vested rights
and has been given the same effect as a mistake of fact,
and the obligations & contracts
which may excuse one from the legal consequences of his
conduct (Art. 526, 2155, NCC)
3. Procedural – a statute that deals only with/
❖ Mistake of Law – this does not annul the contract,
procedures; gives procedures on how to exercise a
unless it's mutual and substantial
right
❖ Mistake of Fact —this annuls the contract (tackled and does not mean to create substantive right
further in ObliCon)

4. Penal in nature and favorable to the accused

(accused will benefit from the new law)
III. Concept of Retroactive Law
- when
Article 4. Laws shall have no retroactive effect unless the
XP to the xp:
contrary is provided.
- accused is a habitual delinquent/offender

Prospective Law Retroactive Law

XP to the xp: E-L

1. Ex Post Facto Laws (not favorable to the accused)

Prospective law governs Retroactive Application
future actions without is applying the law to the 2. Laws that impair the obligation of contracts (Asiatic
affecting past events. past act when that law is Petroleum vs. Llanes, G.R. No. L-25386, October 20,
not yet enforced during the 1926).
time of act.

Lex prospicit, non respicit Case Assigned:

(the law looks forward, not GR: We cannot apply PNB v Office of the President, 1042528, 1996
backwards) Retroactive
Why? Fairness
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IV. Mandatory and Directory Laws V. Concepts of its Rights & its Waiver

Article 5. Acts executed against the provisions of mandatory Article 6. Rights may be waived, unless the waiver is contrary
or prohibitory laws shall be void, except when the law itself to law, public order, public policy, morals, or good customs, or
authorizes their validity. prejudicial to a third person with a right recognized by law.

Directory Laws What is a Waiver?

- permit something to be done although not - voluntary relinquishment or surrender of some known
mandatory right

- may or may not comply - we injured no one, no one is affected

- law doesn't provide sanctions What is Right?

Purpose: order / convenience - who confers right? the law is conferring the inherent
rights

GR: Acts contrary to mandatory or prohibitory laws are VOID.

waiver of right to claim missing parcels - VOID
waiver of future support at 15 y/o - VOID
Mandatory Laws – laws that must be observed / omissions
waiver against your spouse that you wont sue him bec you're
● Mandatory Acts should in agreement to have an open relationship - VOID, bec it's
against

- eg. under Family Code, when a husband wants to

impugn the legitimacy of the child, he needs to file a GR: Rights may be waived.
case within 1-year from his knowledge of
XP: C - PEN
birth/registry of the child provided that he is living in
the same municipality where birth took 1. if the waiver is Contrary to law, public order, public
place/recorded. policy, morals, or good customs;
If he files a case beyond the mandatory period and
2. if the waiver is Prejudicial to a third party with a right
provision, case will be VOID - dismissed.
recognized by law.

3. if alleged rights are not yet in Existence,

Prohibitory Laws as in the case of future inheritance

- acts committed in violation of prohibitory laws are 4. if the right is a Natural right, such as right to be
void. supported.

XP: PAVE Requisites for a Valid Waiver: CUR-CF

1. The law makes the act valid but punishes the violator 1. full Capacity to make the waiver
(ex. Marriage solemnized by a person without legal
2. waiver must be Unequivocal
authority)
(unquestionable)
2. The law itself authorizes its validity
3. Right must exist at the time of the waiver
(ex. lotto, sweeptakes)
4. it must not be Contrary to law, public policy,
3. The law makes the act only voidable
morals, or good customes or prejudicial to a
(ex. voidable contracts where consent is vitiated)
third person w/ a right recognized by law
4. The law declares the nullity of an act but recognizes
5. when Formalities are required, the same
its effects as legally existing. must be complied with.
(ex. child born before annulment of marriage is
considered legitimate)
Case Assigned:

People v Donato, 79269, 1991

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VI. Repeal of Laws

Article 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 courts declared a law

to be inconsistent with the Constitution,
the former shall be void and the latter shall govern. ● Sec. 10 - implied repeal
(no specific provision of the law that this clause is
Administrative or executive acts, orders and regulations repealing)
shall be valid only
● (A) and (B) Sec. 13, Sec. 6 - express repeal
when they are not contrary to the laws
(Specific provisions: Sec. 13 of R.A. No. 6395, and
or the Constitution.
Sec. 6, fifth par of R.A. No. 9136)

● (C) Sec 6 - implied

Laws can lose its effectivity when ('all other' 'or parts thereof')

(1) repealed by a subsequent law

(2) declared unconstitutional by the Supreme Court Default Rule for Implied Repeal:

(3) it lapses its own effectivity (General Appropriation ★ The Court does not favor implied repeals
Act)
Reason/Rationale: Rule of Stat Con–Laws are
Presumed to be Constitutional and VALID
(that's why unless a law is repeal
(a) Laws are repealed only by subsequent ones,
and their violation or non-observance
shall not be excused by (2) Requisites for an Implied Repeal
disuse, or custom or practice to the contrary.
1) both laws cover the same subject matter

2) new law is incompatible/repugnant with the previous

Repeal of a law – is a legislative act ending or abrogating a law (they are in conflict; cannot apply 2 laws
previous law through a subsequent new law together)

BUT, if 2 laws can be harmonized,

(2) Kinds of Repeal Implied Repeal cannot be applied

E.O. No. 292 THE "ADMINISTRATIVE CODE OF 1987"

Implied Repeal Express Repeal
Section 21. Ch. 5, Book 5

No Implied Revival of Repealed Law.- When a law which

occurs when there is a occurs when a newer law
expressly repeals a prior law itself repealed, the law first
conflict between the specifically states
repealed shall not be thereby revived unless expressly so
provisions of a newer law
that it repeals an older law provided.
and an older law,
or a particular provision of it.
and the newer law doesn't
explicitly state that it repeals Section 22. Ch. 5, Book 5
the older law.
Revival of Law Impliedly Repealed. - When a law which
impliedly repeals a prior law is itself repealed, the prior law
does not identify any law identifies the specific law shall thereby be revived, unless the repealing law provides
w/c is being repealed w/c it is repealing otherwise.

★ When an Express repeal is repealed =🚫revived

○ XP: when the repealing law provides revival

eg.
★ When an Implied repeal is repealed = ✅revived
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○ XP: when the repealing law provides
NOrevival
Is it possible that a law is declared partially unconstitutional &
unconstitutional? YES.
Old Repeal New Newer GR XP
Law Law Law effect of a law that's partially unconstitutional

Separability Clause - operating in premise that law even it's

OA Express NA NR not revived unconstitutional, it still has a sense
revived

Cases:
OA Implied NA NR auto not
revived revived Mecano v COA, 103982, Dec. 11, 1992.

Smith Bell & Co. v Estate of Maronilla, 41 Phil. 557

eg.
Lichauco v Apostol, 44. Phil. 138.

VII. Roles of Jurisprudence / Stare Decisis

Article 8 of the Civil Code.

Judicial decisions
applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines.

Old Law–repealed expressly

Judicial Decisions – court decision; decree; order
New Law–repealed. that are based on the laws pased by the congress or common
laws that are proved as a fact.
- Old Law is not revived.
- these are NOT 'judge-made laws'
Judicial decisions, although in themselves not laws,
Old Law–repealed impliedly assume the same authority as the statute itself
(People vs. Licera G.R. No. L-39990, July 2, 1975).
New Law–repealed.
- simply an interpretation of the spirit of the law
- The old law is revived.

Effects of Judicial Decisions applying/interpreting laws

(b) When the courts declared a law
to be inconsistent with the Constitution, it becomes part of the legal system of the PH and used as
the former shall be void and the latter shall govern supplementary

(c) Administrative/executive acts, orders and regulations

shall be valid only
SC does not exercise exclusive jurisdiction on constitutionally
when they are not contrary to the laws
of law. It is shared to the lower courts of the judiciary branch.
or the Constitution.
Lower Courts may declare a law unconstitutional, not just the
Why must all laws be consistent with the Constitution?
Supreme Court
Constitution is Supreme–the highest law of the land to which
Art. VIII Sec. 5, [par. 2]
all laws must conform.
(2) Review, revise, reverse, modify, or affirm (final judgment
- Courts will pluck you out if law is not aligned.
of lower courts of all cases) on appeal or certiorari, as the law
or the Rules of Court may provide, final judgments and orders
of lower courts in:
Effect of an Unconstitutional law – VOID, no force & effect
(a) All cases in which the constitutionality or validity of any
XP: Doctrine of Operative Fact
treaty, international or executive agreement, law, presidential
- the rights of the parties who relied to the law prior to decree, proclamation, order, instruction, ordinance, or
its unconstitutionality are still valid so long as regulation is in question.
the act is based in equity / fairplay
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(b) All cases involving the legality of any tax, impost, 2. binding between parties after the lapse of appeal
assessment, or toll, or any penalty imposed in relation thereto. period; and

(c) All cases in which the jurisdiction of any lower court is in 3. will bind all future cases with identical facts, until
issue. reserved by SC.

(d) All criminal cases in which the penalty imposed is reclusion

perpetua or higher.
No publication required, binding on parties after the lapse of
(e) All cases in which only an error or question of law is appeal period, and will bind all future cases with identical
involved. facts, until reversed by SC.

Co v CA, 100776, Oct 28, 1993. The application or interpretation placed by the Court upon a
law is part of the law as of the date of enactment of said law
because the Supreme Court’s interpretation merely
Doctrine of Stare Decisis Stare decisis et non quieta movere. establishes the contemporaneous legislative intent that the
'To stand by decisions and not disturb the undisturbed' construed law purports to carry into effect (People v. Licera G.R.
Let the decision stand and disturb not what is already settled. No. L-39990, July 2, 1975).
All future questions must be answered by the anwer to the
HOWEVER, when a doctrine is overruled and a different view is
previous questions.
adopted, the new doctrine should be applied prospectively
- Purpose: to promote Judicial Stability and and should not prejudice parties who relied on the old doctrine
Predictability (People v. Jabinal G.R. No. L-30061, February 27, 1974).
Predicatability on Court's Decision for a similar case,
that's why lawyers can predict the chances of a case
VIII. Duty of the Courts to Decide
- GR: Once a matter is decided by the SC, all lower
courts must follow SC ruling, for all future cases Article 9 of the Civil Code.
involving same issues. No judge or court shall decline to render judgment
by reason of the silence, obscurity or insufficiency of the laws.
- XP: SC ruling can be abandoned/modified/changed
- applies only to Civil and not Crminnal caeses
- Justices can be replaced and new justices
WHY? There is no crime when there is no law
can have new perspective
punishing it. –Judiciary cannot report to Statutory
- also, since our time's changing; What's right Construction or Decsions based on Equity/Fairness
& applicable before may not be right and
applicable today
Tools used by judges to render decisions:
- in separate opinions this is usually a basis on
the modification of the supreme court ruling (1) Apply the law (after determining the facts)
at later dates
(2) Apply Judicial Presidence
- separate opinion covers same issues but
but, if law is silent, obcure, or insufficient
expressed in different manner it may or may
not agree with the main ruling (3) resort to the decide based on customs OR equity
fairness or justice
- dissenting opinion contradicts the ruling of
main opinions

- concurring opinion agrees with main ruling Article 11 of the Civil Code.
but for different reasons it also give insights Customs which are contrary to law, public order or public
on the processes of supreme court policy shall not be countenanced

- Effect on Abandonding a SC ruling:

Article 12 of the Civil Code.
- repealing an old law
A custom must be proved as a fact,
- new precedence–prospective application
according to the rules of evidence

Legal Effects of Judicial Decisions

Customs – is a rule of conduct formed by repetition of acts,
1. No Publication required; uniformy practiced as a social rule,
legally binding and obligatory
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- Customs can be rosorted by court so long as they are If months are designated by their name,
not contrary to law, public order, & public policy they shall be computed by the number of days which they
respectively have.

In computing a period,
Requisitites, before a custom acquire force of Supplementary
the first day shall be excluded, and the last day included.
Rule:

(1) prove Plurality of Acts

significance of 365 days – No. of days the earth has orbited the
(2) Uniformity observed
sun
(3) practiced by Great mass for a long period of time
- 365 ¼ day if leap year every 4years
(4) has an obligatory effect
- August = 31 days (month is designated by name)
(5) must not be contrary to law, public order, & public
- 1 month = 30 days (month doesn't designate its
policy
name)
eg. custom of eating dog meat esp. in the highlands
- there's already a law prohibiting this 'animal cruelty
- since this custom is contrary to law, this cannot acquire force Rule 22 of Revised Rules of Court – Computation of Time

Section 1. How to compute time. — In computing any period of

time prescribed or allowed by these Rules, or by order of the
General Principles of Law – is a universal legal standard that is
court, or by any applicable statute, the day of the act or event
constant, unchanging, and accepted or observed by all
from which the designated period of time begins to run is to be
jurisdictions
excluded and the date of performance included. If the last day
- eg. due process, equity and fairness, res judicata of the period, as thus computed, falls on a Saturday a Sunday,
or a legal holiday in the place where the court sits, the time
shall not run until the next working day. (
NOTE: Courts may apply Customs or General Principles of Law
Section 2. Effect of interruption. — Should an act be done which
as supplementary rule
effectively interrupts the running of the period, the allowable
IX. Equity period after such interruption shall start to run on the day after
notice of the cessation of the cause thereof.
Article 10 of the Civil Code.
In case of doubt in the interpretation or application of laws, The day of the act that caused the interruption shall be
it is presumed that the lawmaking body intended right and excluded in the computation of the period.
justice to prevail

- GR: when the law is clear–apply–verbal legis 'plain

Policy if the Last Day is a Weekend or a Legal Holiday
meaning rule'
1. If the act to be performed within the period is
- XP: when the law is unclear–construction and
prescribed or allowed
interpretation needed
(a) by the Rules of Court,
- Know the SPirit of the text → the intention &
(b) by an order of the court, or
purpose of the author
(c) by any other applicable statute,
- Presume that the lawmaking body intended right and
the last day will automatically be considered the next
justice to prevail
working day.
- Find the interpretation where right and justice prevails
2. If the act to be performed within the period arises
from a contractual relationship, the act will become
due despite the fact that the last day falls on a
X. Computation of Time
Sunday or Holiday.
Article 13 of the Civil Code.
When the laws speak of years, months, days or nights,
it shall be understood that eg. Sept 14-15 (Sat. & Sun.)
years are of three hundred sixty-five days each;
months, of thirty days;
days, of twenty-four hours;
and nights from sunset to sunrise.
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- Sept 12 deadline is wrong

- deadline of MIR filing is: Sept 16, Monday (Holidays Exception:

and Weekends excluded; Sept. 16 is the 15th day)
Rule does NOT apply to the computation of age;
eg. same calendar above – Sept 14-15 (Sat. & Sun.)
each year is counted based on the birth anniversary.
Aug 28, got the money

after 15 days return the money as agreed

3.
When to return: Sept. 12 (15th day)
bec. it's only a mere agreement / contractual relationship (no
exclusion of weekend or holiday)
PROVISION ON CONFLICT OF LAW (ARTS.14-17)

Case Assigned: 1. Penal Laws and laws of public security (Article 14):
CIR v Primetown Property Group, Inc., 16155, Aug 28, 2007 Territoriality rule governs regardless of the nationality
but subject to principles of international law and to
treaty stipulations.

XI. Conflict of Laws

2. Laws relating to family rights and duties, or to
status, condition and legal capacity of persons
Case Assigned: (Article 15): Lex Nationalii
Bellis v Bellis, 23678, June 6, 1967
Nationality rule applies regardless of their place of
Barreto v Gonzales, 58 Phil. 67 residence.

Aznar v Christensen-Garcia, 16749, Jan 31, 1963 Exception:

Miciano v Brimo, 50 Phil. 867 Divorce validly obtained abroad by alien spouse
capacitating him or her to remarry, the Filipino
Insular Government v Frank, 13 Phil 239
spouse shall have capacity to remarry under
Germann & Co. v Donaldson, 1 Phil. 63 Philippine law. (Article 26 (2) Family Code)

3. Laws on property (real and personal)

Lex Rei Sitae: The law of the country where the

property is situated shall govern property
transactions. (Article 16 (1)

Exception:
Rule on Periods: Order and amount of successional rights, intrinsic
validity of testamentary provisions, and capacity to
1. Years - 365 days, unless the year is identified;
succeed governed by the national law of decedent
2. Months - 30 days, unless month identified; (Article 16 (2)).

3. Days – 24 hours;

4. Nights – Sunset to sunrise; 4. Laws on forms and solemnities

5. Calendar week – Sunday to Saturday; Lex Loci Celebrationis: Forms and solemnities of
contracts, wills, and other public instruments
6. Week – Count 7 days as indicated, not necessarily
(extrinsic validity) shall be governed by the laws of
Sunday to Saturday.
the country in which they are executed (Article 17).

Exceptions:
To count the period,
➢ Marriage between Filipinos solemnized
● first day is excluded, abroad shall be void though valid abroad
when void under Philippine laws. (Article
● last day is included.
26(1) FC)
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➢ Intrinsic Validity of Contracts: Validity is Rules on Personal Law:
determined by the following rules: Domiciliary Rule and Nationality Rule Distinguished

○ The law stipulated by the parties

shall be applied;
Domiciliary Rule Nationality Rule
○ In default thereof, and the parties
are of the same nationality, their
national law shall be applied; Basis for determining Basis for determining
personal law of an individual personal law is his
○ If the parties are not of the same
is his DOMICILE CITIZENSHIP
nationalities, the law of the place of
the perfection of the obligation
shall govern its fulfillment;

○ If the above places are not 5. Renvoi Doctrine:

specified and they cannot be ➢ Occurs when a citizen of another country dies as a
deduced from the nature and domiciliary of
circumstances of the obligation,
then the law of the passive subject another country. Where the conflict rules of the forum
shall apply. refer to a

foreign law, and the latter refers it back to the internal

law, the law

of the forum shall apply.

Transmission Theory:
If the foreign law refers it to a third country, the said
country’s law shall govern.

Lex Nationalii Lex Rei Sitae Lex Loci

6. Doctrine of Processual Presumption:
Celebrationis:
➢ The foreign law, whenever applicable, should be
Art. 15, CC Art. 16, CC Art. 17, CC
proved by the proponent thereof; otherwise, such law
shall be presumed to be exactly the same as the law
Citizenship Law of the place Law of the place
of the forum.
is the basis for where the property where the contract
determining is situated was executed is the
the personal is the basis for basis for
Rule of Prohibitive Laws
law applicable determining law
determining law General Rule:
applicable
applicable
➢ Prohibitive laws concerning persons, their acts or
property, and laws which have for their object public
order, public policy or good customs are NOT
Covers family Covers both real Covers only the rendered ineffective by laws, or judgments
rights and and personal forms and promulgated or by determinations or conventions
duties, status, property solemnities agreed upon in foreign country. (Art. 17(3))
condition and
(extrinsic validity) Exception:
legal

capacity of ➢ Art. 26, par. 2 Family Code (ex. Divorce Law)

persons.

Exception: Exceptions: CIAO Exceptions:

Art. 26, par. 2 of - Capacity to - Art. 26, par. 1 of

Family Code succeed; HUMAN RELATIONS
Family Code
- Intrinsic validity
- Intrinsic validity of
of the will;
- Amount of contracts ABUSE OF RIGHT (Art. 19)
successional
rights;
- Order of
succession.
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Elements: LEP Article 20 pertains either to WILLFUL or NEGLIGENT acts, which
must be contrary to law. (Ibid.)
1. existence of Legal Right or duty;

2. which is exercised in bad faith'

3. for the sole intent of prejudicing or inquiring PRINCIPLE OF UNJUST ENRICHMENT (ART.22)
another
Accion in Rem Verso

It is an action for recovery of what has been paid without just

Doctrine of Violenti Non Fit Injuria (to which a person assents
cause.
is not esteemed in law as injury)
Application:
Refers to self-inflicted injuries or to the consent to injury which
precludes the recovery of damages by one who has knowingly 1. When someone acquires or comes into
and voluntarily exposed himself to danger, even if he is not possession of something, which means
negligent in doing so delivery or acquisition of things;
(Nikko Hotel Manila Garden, et all vs. Roberto Reyes (Amay
2. Acquisition is undue and at the expense of
Bisaya) G.R. No. 154259, Feb. 28, 2005).
another, which means without just or legal
ground.

Damnum Absque Injuria (damage without injury)

A person who exercises his legal right does no injury. HOWEVER, Accion in Rem Verso and Solutio Indebiti
it cannot be said that a person exercises a right when he
unnecessarily prejudices another or offends morals or good Accion In Rem Verso Solutio Indebiti (Art. 2154)
customs.

It is not necessary that the Payment was made by

When damages result from a person’s exercise of rights, it is payment was made by mistake is an essential
damnum absque injuria (ABS-CBN v. Republic Broadcasting mistake, payment could element to maintain the
Corp. G.R. No. 128690, January 21, 1999). have been made knowingly action for recovery.
and voluntarily but
nevertheless, there would be
ACTS CONTRARY TO LAW (Art. 20) recovery of what has been
paid.
Every person who, contrary to law, willfully or negligently
causes damage to another, shall indemnify the latter for the
same.

ACTS CONTRA BONUS MORES (Art. 21)

Elements: LCI

1. there is a Legal act;

2. but which is Contrary to morals, good customs, public

order or public policy; and,

3. it is done with Intent to injure.

Articles 19, 20 and 21 are related to one another and under

these articles, an act which causes injury to another may be
made the basis for an award of damages
(Albenson Enterprises Corp. v. CA, G.R. No. 88694,

January 11, 1993).

Articles 19 and 21 refer to INTENTIONAL acts, while