PFR Notes

THE CIVIL CODE OF THE PHILIPPINES
(REPUBLIC ACT NOT 386)
CHAPTER 1
EFFECTS AND APPLICATION OF LAWS
CIVIL CODE OF THE PHILIPPINES
Definition: Is a collection of law which regulate the private relations of members of civil society,
determining their respective rights and obligations, with reference to persons, things and civil acts.
Article 2 – Laws shall take effect after 15 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 otherwise
provided.
General rule: A law may provide for its own date of effectivity. But if it is silent as to the effectivity, it shall
take effect only after 15 days following its complete publication.
Computation of the 15-Day Period
15th Day: If the law declares that it shall become effective “15 days after its publication” it means that its
effectivity is on the 15th day after such publication
16th day: If the law declares that it shall become effective “after 15 days following its publication” it
means that its effectivity is on the 16th day after such publication.
Publication Requirement
In Tanada vs. Tuvera, the court ruled that Article 2 of the Civil Code does not preclude the requirement of
publication in the Official Gazette even if the law itself provides for the date of its effectivity since the
clear object of the law is to give the general public adequate notice of the various laws which are to
regulate their actions and conduct as citizens.
Where to Publish
Pursuant to the Civil Code and Revised Administrative Code, publication must be effected in the Official
Gazette and not in any other medium. However, as amended by EO No. 200, the publication of laws may
now either be in the official gazette or in a newspaper of general circulation.
Publication must be full or its no publication at all since its purpose is to inform the public of the
contents of the laws.
Meaning of Newspaper of General Circulation
1. It is published for the dissemination of local news and general information
2. It is has a bonafide subscription list of paying subscribers
3. It is published at regular intervals.
Effective Immediately Upon Approval
When the law provides for its immediate effectivity upon approval, it must properly be interpreted as
coming into effect immediately upon its publication.
Reason: There is nothing in the EO No. 200 that prevents a law from taking effect on a date other than
-even before- the 15-day period after its publication and where the law provides for its own date of
effectivity , such date prevails over that prescribed by Executive Order No. 200.
Article 3 – Ignorance of the Law excuses no one from compliance therewith
Based on the constructive notice that the provisions of the law are ascertainable from the public and
official repository where they are duly published.
Doctrine of Processual Presumption
This is doctrine states that “If the foreign law 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”.
Article 4 – Laws have no retroactive effect, unless the contrary is provided.
Retroactive law – is one intended to affect transactions which occurred, or rights which accrued, before
it became operative, and which ascribes to them effects not inherent in their nature, in view of the law
in force at the time of their occurrence.
General rule: Prospectivity
Lex prospicit, non respicit – the law looks forward, not backward
Exceptions to the General rule:
A law may be given a retroactive effect if:
1. The law provides for retroactivity
2. Penal laws favorable to the accused
3. The law is procedural
4. The law is curative
5. The law creates new substantive rights
Article 5 – Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.
Mandatory or Prohibitory Laws
1. Mandatory – the law commands something to be done
2. Prohibitory – the law commands that something should not be done
3. Permissive – the commands that what it permits to be done should be tolerated or respected.
General Rule: Acts executed against the provisions of mandatory or prohibitory laws are void.
Exceptions to the rule :
1. When the law itself authorizes its validity although generally they would have been void
Ex. Lotto and sweepstakes
2. When the law makes the act valid, but punishes the violator
Ex. A widow who remarries before the lapse of 300 days after the death of her husband is liable to
criminal prosecution but the marriage is valid
3. Where the law merely makes the act voidable, that it, valid unless annulled.
4. Where the law declares the act void, but recognizes legal effects arising from it.
Article 6 – Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals,
or good customs or prejudicial to a third person with a right recognized by law.
Elements of Rights
1. Subject – a persons
Two kinds:
A. Active Subject – The one who is entitled to demand the enforcement of the right
B. Passive subject – one who is duty-bound to suffer its enforcement
2. Object – Thing and objects
3. Efficient cause – the fact the gives rise to the legal relation
Kinds of Rights
1. Political Rights – are those referring to the participation of persons in the government of the State
2. Civil rights – rights include all other rights including human rights, family rights, and patrimonial rights
Doctrine of Operative Fact – nullifies the void law but sustains its effects
Article 8 – Judicial decisions
Doctrine of Stare Decisis- enjoins adherence to judicial precedents embodied in the decision of the
Supreme Court.
Civil Personality
Article 37 - Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every
natural person and is lost only through death. Capacity to act, which is the power to do acts with legal
effect, is acquired and may be lost

PFR Notes

Uploaded by

Copyright:

Available Formats

PFR Notes

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PFR Notes

Uploaded by

Copyright:

Available Formats

THE CIVIL CODE OF THE PHILIPPINES

(REPUBLIC ACT NOT 386)

EFFECTS AND APPLICATION OF LAWS

CIVIL CODE OF THE PHILIPPINES

Computation of the 15-Day Period

Meaning of Newspaper of General Circulation

1. It is published for the dissemination of local news and general information

2. It is has a bonafide subscription list of paying subscribers

3. It is published at regular intervals.

Effective Immediately Upon Approval

Article 3 – Ignorance of the Law excuses no one from compliance therewith

Doctrine of Processual Presumption

Article 4 – Laws have no retroactive effect, unless the contrary is provided.

General rule: Prospectivity

A law may be given a retroactive effect if:

1. The law provides for retroactivity

2. Penal laws favorable to the accused

3. The law is procedural

4. The law is curative

5. The law creates new substantive rights

Mandatory or Prohibitory Laws

1. Mandatory – the law commands something to be done

2. Prohibitory – the law commands that something should not be done

Exceptions to the rule :

Ex. Lotto and sweepstakes

B. Passive subject – one who is duty-bound to suffer its enforcement

2. Object – Thing and objects

Article 8 – Judicial decisions

You might also like