CIVIL CODE OF THE PHILIPPINES PUBLISH

PRELIMINARY TITLE To make known using some form of medium of expression

(thelaw.com).

CHAPTER 1 COMPUTATION OF THE 15-DAY PERIOD

 “15 days after its publication,” the effectivity is on the 15th
EFFECTS AND APPLICATION day after such publication.
OF LAWS
Illustration:
Sec. 28 of RA 7659 provides “..shall take effect 15 days
after its publication…” Thus, RA 7659 took effect on 31 Dec.
ART. 1
1993, that is, 15 days after its publication in the 16 Dec. 1993
This Act shall be known as the “Civil Code of the
newspapers and not on 1 Jan. 1994.
Philippines.”
 “After 15 days following the completion of its publication,”
ORDINARY LAW its effectivity is on the 16th day thereafter.
Ordinance of reason promulgated for the common good. The
principles by which civil society is regulated and held together, by Illustration:
which right is enforced and wrong is determined and punished. Sec. 8 of RA 7691 provides “…shall take effect 15 days
It is the body of rules governing the conduct of persons living in following its publication…” Hence, RA 7691 became effective on
association with others under the guaranty of social compulsion. 15 April 1994, 15 days following its publication on 30 Mar.
1994.
CIVIL LAW
It is that branch of the law that generally treats of the personal GENERAL RULE
and family relations of an individual, his property and successional When the law is silent as to its effectivity, then it shall take effect
rights, and the effects of his obligations and contracts (PARAS, 5). after 15 days following the completion of its publication (16th day
It is that mass of precepts that determine and regulate the thereafter).
relations of assistance, authority, and obedience among members of a
family, and those which exist among members of a society for the Illustration:
protection of private interest, family relations, and property rights EO 79 was silent as to its effectivity. Hence, it became effective on 7
(SANCHEZ ROMAN, 70). Jan 1987 which is 15 days following its publication on 22 Dec. 1986, or 16
days thereafter (GSIS v COA, 301 SCRA 731 [1999]).
CIVIL CODE
It is a collection of laws which regulate the private relations of WHEN TO PUBLISH
the members of civil society, determining their respective rights and In the previous decisions, the Supreme Court ruled that
obligations, with reference to persons, things and civil acts publication in the Official Gazette is necessary only in those cases
(TOLENTINO, 11). where the legislation itself does not provide for its effectivity date.
This ruling was abandoned in the case of Tañada v Tuvera (GR No.
CODE 63915 [1986]), wherein the Court ruled that the publication
A collection of laws of the same kind; a body of legal provisions requirement in Art. 2 of the Civil Code does not preclude the
referring to a particular branch of law (RABUYA, 1). publication even if the law itself provides for the date of its effectivity
since the object of the law is to give the public adequate notice of the
various laws which are to regulate their actions and conduct as
ART. 2 citizens. Without notice and publication, there would be no basis for
Laws shall take effect after fifteen days following the the application of the maxim “ignorantia legis non excusat.”
completion of their publication in the Official Gazette or in a All laws must be published regardless of the existence of the
newspaper of general circulation in the Philippines, unless it is date of effectivity.
otherwise provided. This Code shall take effect one year after such
publication. WHERE TO PUBLISH
Pursuant to EO No. 200, publication of laws may be in the
EFFECTIVITY OF CIVIL CODE (RA No. 386) Official Gazette or in a newspaper of general circulation in the
According to several cases decided by the Supreme Court, the Philippines.
date of effectivity of the Civil Code was 30 Aug 1950 which was
exactly one year after the Official Gazette was released for circulation. NEWSPAPER OF GENERAL CIRCULATION
This ruling was contrary to the last sentence of the above-mentioned It means that it is published for the dissemination of local news
provision (see Lara v Del Rosario, GR No. L-6339 [1954]). and general information, that it has a bona fide subscription list of
Under the Revised Administrative Code (Sec. 11), “for the paying subscribers, and that it is published at regular intervals (see
purpose of fixing the date of issue of the Official Gazette, it is Tañada v Tuvera, GR No. 63915 [1986]).
conclusively presumed to be published on the date indicated therein
as the date of issue. While it is no doubt desirable that the date of NOTE: The clause “unless it is otherwise provided” refers to the
issue should be the same as the date of circulation, still no amount of date of effectivity and not to the requirement of publication itself,
judicial legislation can or should outweigh the express provision of which cannot be omitted. The reason is that such omission would
Sec. 11 (PARAS, 18). offend the due process insofar as it would deny the public knowledge
of the laws that are supposed to govern it.
WHEN LAWS TAKE EFFECT
Laws may provide for its own effectivity. If the law is silent as EFFECTIVE IMMEDIATELY UPON APPROVAL
to its own effectivity, then it shall take effect only after 15 days This clause is properly interpreted as coming into effect
following its complete publication. immediately upon publication thereof. Such statute should not be
regarded as purporting literally to come into effect immediately upon
NOTE: The legislative may, in its discretion, provide that the usual its approval or enactment and without need of publication.
15-day period shall be shortened or extended.
MEANING OF THE TERM “LAWS”
PRINT All statutes, including those of local application and private
To cause words or image to appear in paper or other materials. laws, shall be published as a condition for their effectivity, for all laws

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relate to the people in general albeit there are some that do not apply Laws shall have no retroactive effect, unless the contrary is
to them directly. provided.
 Presidential Decrees and Executive Orders are included.
 Administrative Rules and Regulations are included if LATIN MAXIM
their purpose is to enforce or implement existing laws Lex prospicit, non respicit.
pursuant also to a valid delegation. Not included if merely
interpretative, merely internal and letters of instruction. PURPOSE OF THE PROVISION
 Monetary Board Circulars are required to be published if A law that has not yet become effective cannot be considered as
they are meant not merely to interpret but to “fill in the conclusively known by the people (see discussion in Art. 3).
details” of the Central Bank Act which that body is
supposed to enforce. Circulars which prescribe a penalty EXCEPTIONS TO THE RULE [PRACuN]
should be published. 1. The law the provides for its retroactivity
 Municipal ordinances are not covered by Art. 2 but by the EXCEPTIONS TO THE EXCEPTION
Local Government Code. a. Ex post facto law – provided in Sec. 22, Art. III,
 Supreme Court Decisions are not included. 1987 Constitution. It is one that would make a
previous act criminal although it was not so at
the time it was committed. Requisites:
ART. 3 i. Refers to criminal matters;
Ignorance of the law excuses no one from compliance ii. Retroactive in its application;
therewith. iii. Prejudicial to the accused.

b. Non-impairment clause – provided in Sec. 10,

NOTE: Presumption of knowledge of laws is conclusive. Actual Art. III, 1987 Constitution. Only laws existing at
notice is not required since constructive notice (the provisions of the the time of the execution of the contract are
law are ascertainable from the public and official repository where applicable thereto and not later statutes, unless
they are duly published) is sufficient (RABUYA, 10). the latter are specifically intended to have
retroactive effect.
NOTE: Presumption is established because of the obligatory force
of law (Ibid.). 2. The law is remedial or procedural in nature – this is because no
vested right may attach nor arise from procedural laws, but
NOTE: The presumption of knowledge of the law presupposes only operate in furtherance of the remedy or confirmation
publication. of rights already existing.
IGNORANTIA LEGIS NON EXCUSAT 3. The penal law is favorable to the accused – penal laws shall
Art. 3 applies to all kinds of domestic laws, whether civil or have retroactive effect insofar as they favor the person
penal, and whether substantive or remedial on grounds of guilty of felony, who is not a habitual delinquent, although
expediency, policy and necessity. However, the maxim refers only to at the time of the publication of such laws a final sentence
mandatory or prohibitive laws (Those which have to be complied has been pronounced and the convict is serving the same.
with because they are expressive of public policy, PARAS, 4), not to
permissive or suppletory laws (those which may be deviated from, if 4. The law is curative – this is necessarily retroactive for the
the individual so desires, Ibid.) (Ibid, 20). precise purpose is to cure errors or irregularities, provided
that it must not impair vested rights nor affect final
NOTE: Ignorance of foreign law is not ignorance of the law, but judgment.
ignorance of fact because foreign laws must be alleged and proved as
matters of facts (this process of proving as fact is referred to as 5. The law creates new substantive rights – provided it has not
doctrine of processual presumption, see discussion in Art. 16), there prejudiced another acquired right of the same origin.
being no judicial notice of said foreign laws (Adong v Cheong Seng Gee,
43 Phil.43). Thus, ignorance of foreign law will not be a mistake of VESTED RIGHT
law but a mistake of fact. A vested right is a consequence of the constitutional guaranty of
due process that expresses a present fixed interest which in right
IGNORANCE OF LAW IGNORANCE OF FACT reason and natural justice is protected against arbitrary action.
Not an excuse; May excuse a party from legal Includes legal or equitable title to the enforcement of a demand
consequences; and exemptions from new obligations created after the right has
Has no well-founded belief; Has a well-founded belief become vested.
although it was subsequently Rights are considered vested when the right to enjoyment is a
proved to be erroneous; present interest, absolute, unconditional and perfect or fixed and
May or may not have criminal Eliminates criminal intent as irrefutable.
intent; long as there is no negligence;
May or may not vitiate consent Vitiate consent in a contract and LOST OF VESTED RIGHT
in a contract. make it void (Art. 1390, Civil One may lose the vested right if there is due process and such
Code). deprivation is founded in law and jurisprudence.

NOTE: Difficult legal questions has been given the same effect as a
mistake of fact (see Art. 526, Civil Code). Lawyers cannot be disbarred ART. 5
for an honest mistake or error of law (In re: Filart, 40 Phil. 205). Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself
NOTE: “Ignorance of the law” refers not only to the literal words authorizes their validity.
of the law, but also to the meaning or interpretation given to said law
by our courts of justice (Adong v Cheong Seng Gee, 43 Phil. 43).
MANDATORY LAW
NOTE: Incompetence amounts to ignorance of the law (Boto v Commands that something be done.
Villena, 10 SCRA 1).
PROHIBITORY LAW
Commands that something should not be done.
ART. 4

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PERMISSIVE OR DIRECTORY LAW 4. Natural rights, such as the right to life.
If the law commands that what it permits to be done should be
tolerated or respected.
ART. 7
EXCEPTIONS [PAVE] Laws are repealed only by subsequent ones, and their
1. When the law makes the act valid, but punishes the wrong violation or non-observance shall not be excused by disuse, or
doer to criminal responsibility; custom or practice to the contrary.
2. When the law authorizes its validity although generally When the courts declared a law to be inconsistent with the
they would have been void; Constitution, the former shall be void and the latter shall govern.
3. When the law makes the act merely voidable (valid unless Administrative or executive acts, orders and regulations shall
annulled); be valid only when they are not contrary to the laws or the
4. When the law makes the act void, but recognizes some Constitution.
legal effects flowing therefrom.
REPEAL OF LAW
It is the legislative act of abrogating through a subsequent law
ART. 6 the effects of a previous statute or portions thereof (STA MARIA, 11).
Rights may be waived, unless the waiver is contrary to law,
public order, public policy, morals, or good customs, or prejudicial TYPES OF REPEAL
to a third person with a right recognized by law. 1. Express – one which is literally declared by a new law,
either in specific terms, as where particular laws and
WAIVER provisions are named, identified, and declared to be
It is an intentional relinquishment of a known right or such repealed, or in general terms (Ibid.).
conduct as warrants an inference of relinquishment of such right 2. Implied – takes place when a new law contains provisions
(Christenson v Carleton, 69 Vt. 91). It may either be express or implied. contrary to or inconsistent with those of a former law
without expressly repealing them (Ibid.).
RIGHT
The power or privilege given to one person as a rule REQUISITES OF IMPLIED REPEAL
demandable of another. It denotes an interest or title in an object or 1. The laws cover the same subject matter;
property. 2. The latter is repugnant to the other.

ELEMENTS OF RIGHTS NOTE: Implied repeals are not to be favoured because they rest
1. Active Subject – one who is entitled to demand enforcement only on presumptions (RABUYA, 20). If both statutes can stand
of the right; together, there is no repeal (Lichuauco v Apostol, GR No. L-19628
2. Passive Subject – one who is duty-bound to suffer its [1922]).
enforcement.
3. Efficient Cause (Juridical Tie) – that which binds or connects NOTE: The two laws must be absolutely incompatible, and a clear
the parties to the obligation (DE LEON, 3). finding thereof must surface, before the inference of implied repeal
may be drawn.
KINDS OF RIGHTS
1. Political Rights – those rights referring to the participation of LATIN MAXIM
persons in the government of the State; Interpretare et concordare lequibus est optimus interpretendi, every
2. Civil Rights – include all others; further classified into: stature must be so interpreted and brough into accord with other
a. Rights of Personality – cannot be waived; laws as to form a unified system of jurisprudence.
b. Family Rights – cannot be waived;
c. Patrimonial Rights – can be waived (RABUYA, 18- RULE FOR GENERAL AND SPECIAL LAW
19). 1. If the general law was enacted prior to the special law, the
latter is considered the exception to the general law
TYPES OF PATRIMONIAL RIGHTS (PARAS, 47);
1. Real Right (jus in re / jus in rem) – the power belonging over 2. If the general law was enacted after the special law, the
a specific thing without a passive subject individually special law remains, unless:
determined against whom such right may be personally a. There is an express declaration to the contrary;
exercised. It is enforceable against the whole world. b. There is a clear necessary, and irreconcilable
conflict;
2. Personal Right (jus in personam / jus ad rem) – the power c. Unless the subsequent general law covers the
belong to one person to demand of another, as a definite whole subject and is clearly intended to replace
subject, the fulfillment of a prestation to give, to do, or not the special law on the matter.
to do.
NOTE: A special law cannot be repealed, amended or altered by a
REQUISITES OF A VALID WAIVER [CUE CPF] subsequent general law by mere implication (Laguna Lake
1. Full capacity to make the waiver; Development Authority v CA, 251 SCRA 421 [1995]).
2. Waiver must be unequivocal;
3. Right must exist at the time of the waiver; EFFECT OF REPEAL OF THE REPEALING LAW
4. It must not be contrary to law, public order, public policy,  Express Repeal – the first law repealed shall not be revived,
morals or good customs; unless expressly so provided.
5. It must not be prejudicial to a third person with a right Illustration:
recognized by law; Law A is expressly repealed by Law B. If Law B is itself
6. When formalities are required, the same must be complied repealed by Law C, Law A is not revived, unless Law C expressly
with (see Art. 1270, Civil Code). so provides.

RIGHTS THAT CANNOT BE WAIVED [WARN]  Implied Repeal – the repeal of the repealing law revives the
1. When waiver is prejudicial to a third person with a right prior law, unless the language of the repealing statute
recognized by law; provides otherwise.
2. Alleged rights, which really to not exist yet;
3. Those the renunciation of which would infringe upon law,
public order, public policy, morals or good customs;
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 Illustration:
Law A is impliedly repealed by Law B. Law B is later NOTE: The principle of prospectivity of statute, original or
repealed by Law C. Law is is revived unless Law C amendatory, shall apply to judicial decisions (Co v CA, 227 SCRA 444,
provides otherwise. 448-449 [1993]).

UNCONSTITUTIONAL STATUTES LEGAL EFFECTS OF JUDICIAL DECISIONS

The Constitution is the supreme, organic, and fundamental law  No publication required (De Roy v CA, GR No. 80718 date).
of the land. It is axiomatic that no ordinary statute can override a  Conclusive and binding between parties after the lapse of
constitutional provision (Floresca v Philex Mining Corp., GR No. L- appeal period (City of Cebu v Dedamo, GR No 17852 [2013]).
30642 [1985]).  Will bind all future cases with indentical facts, until
Thus, if a law, administrative or executive acts, orders and reversed by the Supreme Court (De Mesa v Pepsi Cola
regulations are inconsistent with the Constitution, they are Product Phils, Inc., GR Nos. 150363-70 [2005]).
considered not valid by competent court through the exercise of the
“power of judicial review.” NO RETROACTIVE EFFECT
When a doctrine of the Supreme Court is overruled and a
NOTE: The constitutionality of a law or executive order may not be different view is adopted the new doctrine should be applied
collaterally attacked. They shall be deemed valid unless declared prospectively and should not prejudice parties who relied on the old
void by a competent court (NAWASA Reyes, GR No. L-28597 [1968]). doctrine (People v Jabinal, GR No. L-30061 [1974]).

DOCTRINE OF OPERATIVE FACT HOW JUDICIAL DECISIONS MAY BE ABROGATED

This doctrine means that before an act is declared 1. By contrary ruling of the Supreme Court;
unconstitutional, it is an operative fact which can be the source of 2. By corrective legislative acts of Congress, although said
rights and duties (De Agbayani v PNB, GR No. L-23127 [1971]). laws cannot adversely affect those favoured prior to
It nullifies the void law or executive act bus sustains its effects. Supreme Court decisions (PARAS, 69).

NOTE: Rules and regulations adopted under legislative authority

by a particular department must be in harmony with the provisions
ART. 9
of the law, and for the sole purpose of carrying into effect its general
No judge or court shall decline to render judgment by reason
provisions (US v Tupasi, GR No. 9878 [1914]).
of the silence, obscurity or insufficiency of the laws.

NOTE: Art. 9 is applicable to criminal prosecutions.

ART. 8
Judicial decisions applying or interpreting the laws or the
LATIN MAXIM
Constitution shall form a part of the legal system of the
Nullum crimen, nulla poena sine lege. There is no crime when there
Philippines.
is no law punishing it.

JUDICIAL DECISIONS DUTY OF JUDGES

Part of the legal system because they are evidence of what the Judges are tasked with dispensation of justice in accordance
law means. The interpretation place upon the written law by a with the constitutional precept that no person shall be deprived of
competent court has the force of law. They are part of the law as of life, liberty, and property without due process of law. Judges must
the date of its enactment since the Court’s application or not evade performance of this responsibility just because of an
interpretation merely establishes the contemporaneous legislative apparent non-existence of any law governing a particular legal
intent that the construed law purports to carry into effect. dispute or because the law involved is vague or inadequate (STA
MARIA, 16).
NOTE: The decisions of subordinate courts are only persuasive in
nature, and can have no mandatory effect. A conclusions or NOTE: Whenever the court has knowledge of any act which it may
pronouncement of the Court of Appeals which covers a point of law deem proper to repress and which is not punishable by law, it shall
still undecided may still serve as a judicial guide to the inferior courts render the proper decision and shall report to the Chief Executive,
(RABUYA, 27-28). though the DOJ, the reasons which induce the court to belief that said
act should be made the subject of legislation (Art. 5, par. 1, RPC).
LATIN MAXIM In the same way, the court shall submit to the Chief
Legis interpretatio legis vim obtinet. The interpretation placed Executive, through the DOJ, such statement as may be deemed
upon the written law by a competent court has the force of law. proper, without suspending the execution of the sentence, when a
strict enforcemet of the provisions of the Revised Penal Code would
NOTE: Only the decisions of the Supreme Court establish result in the imposition of a clearly excessive penalty, taking into
jurisprudence or doctrines in the Philippine jurisdiction (Miranda v consideration the degree of malice and the injury caused by the
Imperial, 77 Phil. 1066). offense (Art. 5, par. 2, RPC).

DOCTRINE OF STARE DECISIS NOTE: If the law is silent, obscure, or insufficient, a judge may
Stare decisis et non quieta movere means “to adhere to precedents, base his judgment among the following:
and not to unsettle things which are established” (Tala Realty Services 1. Customs which are not contrary to law, public order, or
Corp., Inc. v Banco Filipino Savings & Mortgage Bank, GR No. 181369 public policy (Art. 11 Civil Code);
[2016]). 2. Decision of foreign and local courts on similar cases;
The doctrine enjoins adherence to judicial precedents. The 3. Opinions of highly qualified writers and professors;
doctrine is based on the principle that once a question of law has been 4. Rules of statutory construction;
examined and decided, it should be deemed settled and closed to 5. Principles laid down in analogous instances (PARAS, 83).
further argument (RABUYA, 28).
When the Supreme Court has once laid down a principle of law
as applicable to a certain state of facts, it will adhere to that principle,
ART. 10
and apply it to all future cases, where facts are substantially the same;
In case of doubt in the interpretation or application of laws, it
regardless of whether the parties and property are the same (LRTA v
is presumed that the law making body intended right and justice to
Pili, GR No. 202047 [2016]).
prevail.
NOTE: Only the decisions of the Supreme Court are considered in
the application of the doctrine of stare decisis. WHEN TO APPLY ART. 10

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 Only in case of doubt. One calendar month from 31 December 2017 will be from 1 January
2018 to 31 January 2018. One calendar month from 5 May 2018 will be
NOTE: It is the sworn duty of the judge to apply the law without from 6 May 2018 to 5 June 2018.
fear or favor, to follow its mandate, not to temper with it. What the
law grants, the court cannot deny (Gonzales v Gonzales, 58 Phil. 67). COMPUTATION OF PERIOD
In computing a period, the first day is excluded while the last
NOTE: The remedy is clemency from the executive or an day is included.
amendment of the law by the legislative, but the court cannot but to
apply the law (People v Amigo, 252 SCRA 43, 53-54 [1996]). Illustration:
A defendant in a civil case is given a period of 15 days to file his
NOTE: If there is ambiguity in the law, interpretation of the law Answer to a Complaint counted from the receipt of the summons. If the
requires fidelity to the legislative purpose. What the Congress summon is received by defendant on 1 January, the 15-day period will expire
intended is not to be frustrated. Even if there is doubt as to the on 16 January.
meaning of the language employed, the interpretation should not be
at war with the end sought to be attained (Republic Flour Mills, Inc. v IF LAST DAY FALLS ON SAT, SUN OR LEGAL HOLIDAY
Commissioner of Customs, 39 SCRA 269).  Under the Rules of Court: The last day will automatically be
considered the next working day, if the act to be performed
with the period is prescribed or allowed by (a) the Rules of
ART. 11 Court; (b) an order of the court; or (c) any other applicable
Customs which are contrary to law, public order or public statute;
policy shall not be countenanced.  In an ordinary contract: the agreement of the parties prevail
for an obligation arising from contract have the force of law
between the contracting parties (see Art. 1159, Civil Code).
ART. 12
A custom must be proved as a fact, according to the rules of
evidence. ART. 14
Penal laws and those of public security and safety shall be
obligatory upon all who life or sojourn in Philippine territory,
CUSTOMS subject to the principles of public international law and to treaty
Rules of conduct formed by repetition of acts uniformly stipulations.
observed as a social rule. They are legally binding and obligatory (In
re: Authority to Continue Use of Firm Name, 92 SCRA 12).
PRINCIPLE OF GENERALITY
Art. 14 of the Civil Code embodies the principle of generality
NOTE: Merely because something is done as a matter of practice which states that criminal law is binding on all persons who live or
does not mean that courts can rely on the same for purposes of sojourn in Philippine territory. It implies obligatory force of penal
adjudication as a juridical custom (STA MARIA, 19) laws.

REQUISITES IN APPLICATION OF CUSTOMS [POP TIN] EXCEPTIONS

1. Plurality or repetition of acts; 1. Treaty Stipulations – e.g., Visiting Forces Agreement of 1998
2. The community accepts it as a proper way of acting, such (VFA) between the US and the Philippines.
that it is considered as obligatory upon all;
3. Practiced by the great mass of social group; Rules on Jurisdiction (Art. V)
4. Continued practice for a long period of time;
Jurisdiction
5. Uniformity or identity of acts or various solutions to the
juridical question; i. Philippines over US personnel: offenses committed within
6. Must not be contrary to law, morals, or public order. the Philippines and punishable under Philippine laws;
ii. US over US personnel: all criminal and disciplinary
NOTE: Customs are not subject to judicial notice because they jurisdiction conferred by the US military law.
must be proven as a fact, according to the rules of evidence. Exclusive Jurisdiction
i. Philippines over US personnel: offenses with respect to
national security of the Philippines or violation of any
ART. 13 law relating to national defense, punishable under
When the law speaks of years, months, days or nights, it shall
Philippine laws but not under US laws;
be understood that years are of three hundred sixty-five days each;
months, of thirty days; days, of twenty-four hours; and nights from ii. US over US personnel: offenses with respect to national
sunset to sunrise. security of US or violation of any law relating to US
If months are designated by their name, they shall be national defense, punishable under the US laws but not
computed by the number of days which they respectively have. under Philippines laws.
In computing a period, the first day shall be excluded, and the Primary Jurisdiction
last included.
US military authorities over US personnel:
i. Against property or security of US;
NOTE: The Supreme Court recognized the implied repeal of Art.
ii. Against property or person of US personnel;
13, insofar as the meaning of “year” is concerned, by the provisions of
Sec. 31, Ch VIII, Book I of the Admin. Code of 1987 which states that iii. Act or omission done in performance of official duty.
year shall be understood to be twelve (12) calendar months.
In case of concurrent jurisdiction
CALENDAR MONTH  Philippines shall have the primary right to exercise jurisdiction
It is the period of time running from the beginning of a certain over all offenses committed by US personnel over all
numbered day up to, but not including, the corresponding numbered offenses committed by US personnel, except in cases
day of the next month, then up to and including the last day of that
provided for in par I (b), 2 (b) and 3 (b) of Art. V of the
month.
VFA.
Illustration:

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  US shall have the primary right to exercise jurisdiction over
US personnel subject to the military law of the US in ART. 16
relation to offenses Real property as well as personal property is subject to the law
o Against property or security of US or property or of the country where it is situated.
person of US personnel; However, intestate and testamentary successions, both with
respect to the order of succession and to the amount of successional
o Arising out of any act or omission done in
rights and to the intrinsic validity of testamentary provisions, shall
performance of duty. be regulated by the national law of the person whose succession is
 Either government may request the authorities of the other under consideration, whatever may be the nature of the property
government to waive their primary right to exercise and regardless of the country wherein said property may be found
jurisdiction in a particular case.
NOTE: Art. 16, par. 2 can apply only to properties located in the
2. Laws of Preferential Application – e.g., RA 75 which prohibits Philippines (see Gibbs v Government, 49 Phil. 293).
the issuance of any warrant of arrest against any
a. Ambassador (received as such by President); LEX REI SITAE
b. Public minister (received as such by President); Paragraph 1 pertains to the general rule which states that the
c. Domestics (registered in the DFA); law of the country where the property is situated shall govern
d. Domestic servants (registered in the DFA). property transactions.

3. Principle of Public International Law – diplomatic REASON

representatives (e.g., ambassadors or public ministers and Immovables are part of the country and so closely connect to it
their official retinue) and heads of state possess immunity that all rights over them have their natural center of gravity there
from the criminal jurisdiction of the country of their (RABUYA, 50).
sojourn.
EXCEPTION: consuls NOTE: The general rule includes all rules governing the descent,
alienation and transfer of immovable property and the validity, effect
and construction of wills and other conveyances (Orion Savings Bank
ART. 15 v Suzuki, 740 SCRA 345 [2014]).
Laws relating to family rights and duties, or to the status,
condition and legal capacity of persons are binding upon citizens of EXCEPTIONS [CIAO]
the Philippines, even though living abroad. 1. Capacity to succeed;
2. Intrinsic validity of testamentary provisions;
3. Amount of successional rights;
NOTE: RA 6809 changed the legal age of Filipinos to 18. 4. Order of succession.
STATUS NOTE: Citizen of Nevada died in the Philippines giving all his
Includes personal qualities and relations, more or less property to his neighbour, hence depriving his children. Since the
permanent in nature, not ordinarily terminable at his own will, such laws of said state allow the testator to dispose of all his property
as his being married or not, or his being legitimate or illegitimate according to his will, his testamentary disposition should be
(PARAS, 101). respected (see Testate Estate of Bohanan v Bohanan, 106 Phil. 997).
The sum total of a person’s rights, duties and capacities
(Bouvier’s Law Dictionary, p. 3229). NOTE: In case where a citizen of Turkey made out a last will and
testament providing that his property shall be disposed of pursuant
NOTE: Art. 15 pertains to lex nationalii. to Philippine Laws the Court ruled that such provision is illegal and
void because, pursuant to Art 16, the national law should govern and
EXCEPTIONS therefore Turkish laws and not Philippine laws should apply (see
Divorce validly obtained abroad by alien spouse capacitating Minciano v Brimo, 50 Phil. 867).
him or her to remarry, the Filipino spouse shall have capacity to
remarry under Philippine Law (see Art. 26, par. 2, Family Code). RENVOI DOCTRINE
Literally means referring back; the problem arises when there is
NOTE: A divorce obtained abroad by an alien married to a Filipino a doubt as to whether a reference in our law to a foreign law
may be recognized in the Philippines, provided the decree of divorce  Is a reference to the internal law of said foreign law;
is valid according to the national law of the foreigner.  Is a reference to the whole of the foreign law, including its
conflict rules.
NOTE: When a foreigner, married to a Filipino citizen, obtained a
decree of divorce abroad, he is no longer the husband of the Filipino Illustration:
citizen and therefore losses the standing to sue for adultery (Pilapil v If a foreign citizen dies domiciled in the Philippines, the Philippine
Ibay-Somera, 174 SCRA 653 [1989]). courts are under Art. 16, par. 2 compelled to apply the national law of the
foreign deceased person. But if the country of that person refers back the
NOTE: With respect to aliens, their national law shall govern with matter to the Philippines, the Philippine courts has no alternative except to
respect to their legal capacity, following the nationality principle accept the referring back.
embodied in Art. 15.
TRANSMISSION THEORY
NOTE: Once proven that respondent was no longer a Filipino If the foreign law refers it to a third country, the said country’s
citizen when he obtained the divorce from petitioner, their divorce law shall govern.
will be recognized in the Philippines (RABUYA, 46).
DOCTRINE OF PROCESSUAL PRESUMPTION
RECKONING POINT If the foreign law is not properly alleged and proved, the
For purposes of determining the validity of absolute divorces presumption is that it is the same as our law (In re: Estate of Suntay,
obtained abroad, the reckoning point is not the citizenship of the GR Nos. L-3087-88 [1954]).
divorcing parties at birth or at the time of marriage, but their
citizenship at the time a valid divorce is obtained abroad (Republic v
Orbecido III, 472 SCRA 114 [2005]). ART. 17

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 The forms and solemnities of contracts, will and other public Family Code 1) Capacity to Family Code;
instruments shall be governed by the laws of the country in which succeed; 2) Intrinsic
they are executed. 2) Intrinsic validity of
When the acts referred to are executed before the diplomatic or validity of the contracts.
consular officials of the Republic of the Philippines in a foreign will;
country, the solemnities established by the Philippine Laws shall 3) Amount of
be observed in their execution. successional
Prohibitive laws concerning persons, their acts or property, rights;
and those which have for their object public order, public policy 4) Order of
and good customs shall not be rendered ineffective by laws or succession.
judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
ART. 18
LEX LOCI CELEBRATIONIS In matters which are governed by the Code of Commerce and
The first paragraph of the Article lays down the rule of lex loci special laws, their deficiency shall be supplied by the provisions of
celebrationis insofar as extrinsic validity (forms and solemnities) is this Code.
concerned.
CONFLICT BETWEEN THE CIVIL CODE AND OTHER LAWS
LEX CONTRATUS In case of conflict with the Code of Commerce or special laws,
Intrinsic validity of a contract is governed by the proper law of the Civil Code shall only be suppletory, except if otherwise provided
the contract which may either be: for under the Civil Code. In general, in case of conflicts, the special
 Law of the place voluntarily agreed upon by the law prevails over the Civil Code which is general in nature (Leyte, A
contracting parties (lex loci voluntatis); and M Oil Co. v Block, 52 Phil. 429).
 Law of the place intended by them expressly or impliedly
(lex loci intentionis). NOTE: Where there is no deficiency in special law or Code of
Commerce, the Civil Code cannot be applied.
NOTE: Intrinsic validity of the provisions of a will shall be
governed by the national law of the decedent.

Illustration:
Lorenzo von Matterhorn, a German citizen, enters into a contract with
a Filipino Citizen. The contract was executed in Fiji. What law shall
govern (1) the formal validity of the contract, (2) the legal capacities of the
parties to enter into such contract, and (3) the intrinsic validity of the
contract?
1) Fijian law (lex loci celebrationis, Art. 17).
2) Their respective national laws (lex nationalii, Art. 15).
3) The proper law of the contract (lex contratus), which may either
be the law of the place voluntarily agreed upon by the contracting
parties (lex loci voluntatis) or the law of the place intended by
them expressly or impliedly (lex loci intentionis).

EXTERRITORIALITY
Even if the act be done abroad, still if executed before Philippine
diplomatic and consular officials, the solemnities of the Philippine
laws shall be observed. The theory is that the act is being done within
an extension of Philippine territory of the principle of exterritoriality
(PARAS, 115).

REASON RESPECTING PROHIBITIVE LAWS

Public policy in the Philippines prohibits the same.

Illustration:
In country X, prostitution is legal. A contract for the sale of human
flesh (prostitution), even if valid where made, cannot be given effect in the
Philippines.
A US court allowed a mother living with a man other than her
husband to exercise authority over her child with the lawful husband. It was
held by the Court that such a decision cannot be enforced in the Philippines
(Querubin v Querubin, GR No. L-3693).

LEX NATIONALII LEX REI SITAE LEX LOCI

Art. 15 Art. 16 CELEBRACIONIS
Art. 17
As to basis
Citizenship Where the property Where the contract
is situated was executed
As to coverage
Family rights and Real and personal Forms and
duties, status, property solemnities (extrinsic
condition, and legal validity)
capacity of persons
As to exceptions
Art. 16, par. 2, (CIAO) 1) Art. 26, par. 1,

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