Effect and Application of Laws

(Arts. 1-18)

CIVIL LAW CIVIL CODE-is the mass of precepts which determines and regulates those relations of assistance, authority and obedience existing among members of a family as well as among members of a society for the protection of private interests.

-is the collection of laws, which regulates the private relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things, and civil acts.

When did the Civil Code of the Philippines take effect?

The date of effectivity of the Civil Code of the Philippines is Aug. 30, 1950, which is one year after its publication in the Official Gazette as required by Art.2 of the said Code. (LARA V. DEL ROSARIO)

Discussion: It is clear from the provision of Art.2 of the NCC that the NCC of the Philippines shall take effect “one year after completion of its publication in the Official Gazette.”

Actually, it was published in a Supplement dated June 1949, which accompanied the June 1949 issue. However, the editor of the said Official Gazette certified that “the June, 1949 issue of the official Gazette with the Supplement thereto, was released for circulation on Aug. 30, 1949. Consequently, if the basis for computing the one-year period is the date of publication, then the date of effectivity would be June 30, 1950.BUT if the basis for computing the period is the date of circulation, then the date of effectivity would be August 30, 1950.

Art.3 Ignorance of the law excuses no one from compliance therewith.

-based on expediency, public policy and necessity

-refers only to mistakes with regard to the application or interpretation of a difficult or doubtful question of law or with regard to the effect of a certain contract or transaction.

IGNORANCE OF THE LAW

IGNORANCE OR MISTAKE

OF FACT-does not excuse a party from the legal consequences of his conduct

-constitutes an excuse and is a legal defense

Exceptions to the rule that laws shall have no retroactive effect

a. When the law itself expressly provides for its retroactivity.

b. When the law is penal insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered.

c. When the law is procedural so long as it does not affect or change vested rights.

d. When the law creates new substantive rights.

e. When the law is curative in character in the sense that the purpose for its enactment is to cure defects or imperfections in judicial or administrative proceedings.

f. When the law is interpretative of other laws.

Exceptions to the rule that an act executed against provisions of mandatory or prohibitory laws shall be void:

a.When the law itself authorizes its validity.

b.Where the marriage was solemnized by a person who does not have legal authority, but the party or parties believing in good faith, that such person has the authority to do so, then the marriage is valid but the person who solemnized the same shall be criminally liable.

c.Where the law itself authorizes its validity, but punishes the violator.

d.Where the law merely makes the act voidable.

e.Where the law declares the act as void, but recognizes legal effects as arising from it.

General rule: Rights may be waived, UNLESS:

a. the waiver is contrary to law, public order, public policy, morals or good customs, or

b. prejudicial to a third person with a right recognized by law.(Art.6, NCC)

Waiver is considered void:

a.waiver of future inheritance;

b.waiver of political rights;

c.waiver of future inheritance especially if the waiver is intended to prejudice creditors.

Doctrine of stare decisis (let it stand, et non quieta movere)

- expresses that judicial decisions interpreting the law shall form part of the Philippines legal system;

-the doctrine which is really “adherence to precedents,” states that once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner.

In case of silence, obscurity or insufficiency of the law with respect to a particular controversy, the judge shall apply the custom of the place, and in default thereof, the general principles of the law and justice (Art. 9, NCC).

In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail (Art.10, NCC).

Customs which are contrary to law, public order, or public policy shall not be countenanced (Art. 11, NCC).

A custom must be proved as a fact, according to the rules of evidence (Art.12, NCC).

In order that a custom may be considered as a source of right, the

following requisites must be proven:

(1) plurality of acts;(2) uniformity of acts;(3) general practice by the great mass of people of the country or community;(4) general conviction that it is the proper rule of conduct;. (5) continued practice for a long period of time;(6) conformity with law, morals and public policy.

When the law speaks of years, months, days or nights, it shall be understood that years are of three hundred sixty five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.If months are designated by their name, they shall be computed by the number of days which they respective have.

In computing a period, the first day shall be excluded and the last day include (Art.13, NCC).

Illustration:

A filed a suit at the RTC, Manila, against B. Summons was served upon B on September 1, 1996. In computing the 15-day period to file a responsive pleading, September 1, 1996 should not be included. The 15-day period should be computed from Sept. 2, because in the computation of a period, the first day shall be excluded and the last day shall be included.Reason: You can no longer complete a whole day on Sept. 1, 1996.

Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations (Art.14, NCC).

EXTERRITORIALITY

EXTRATERRITORIALITY

- is that fiction in international law by virtue of which certain foreign persons and

-is the exemption of foreign persons from laws and jurisdiction of a state in which they presently

their things are exempted from the jurisdiction of a state on the theory that they form an extension of the territory of their own state.

-based on the practice without treaty stipulations

reside

-an exemption which can only exist by virtue of a treaty stipulation to this effect.

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 (Art.15, NCC)

-Foreign decrees of divorce (absolute) granted to Philippine nationals are generally refused recognition by our courts because of two (2) very fundamental reasons. They are: (1) In this jurisdiction, we adhere to the nationality theory (Art.15, NCC). A decree of divorce is certainly one that will affect or involve the status and condition of the parties.

(2) It is well settled in this country that absolute divorce is contrary to public policy (Art.17, par.3, NCC).

Q. James and Kris, Filipino couple married in the Philippines, transferred their residence to Ontario, Canada, and resided bona fide there for 15 years. While there, they obtained an absolute divorce, which is valid by the laws of Ontario, Canada. Subsequently, they returned to the Philippines. May the absolute divorce be recognized in the Philippines?

ANS: The absolute divorce cannot be considered as valid in the Philippines for the following reasons:

(1) Absolute divorce is not recognized in the Philippines (Art.15, NCC).

(2) Well-settled is the rule in this jurisdiction that absolute divorce is contrary to public policy.

Q. Carmina and Zoren, a Filipino couple, emigrated to Australia and established their residence in Sydney. Carmina committed adultery with BB, another Filipino, and Zoren was able to obtain a divorce from Carmina. Zoren returned to the Philippines and married Ruffa. Is the marriage valid? Reasons.

ANS: The marriage between Zoren and Ruffa is not valid for lack of legal capacity on the part of Zoren. From the viewpoint of Philippine laws, Zoren is still married to Carmina. Consequently, there is an impediment to his marriage to X pursuant to Arts. 2 and 35, par.1, of the FC.

Essentially, the real issue in the instant problem is whether or not the decree of absolute divorce obtained abroad is valid in this country. It is well-settled that such decree is void from the beginning. The reasons are well-known. In the first place, we adhere to the nationality theory. Philippine laws shall be binding upon Filipino citizens wherever they are with respect to family rights and duties as well as status, condition and legal capacity. And in the second place, in this country, there is a declaration of public policy against absolute divorce. Such declaration of public policy cannot be rendered nugatory by the decree of absolute divorce obtained by X abroad.

Real property as well as personal property is subject to the law of the country where it is situated.

However, intestate and testamentary successions, both with respect to the order of succession and to the amount 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 (Art. 16, NCC).

- 1st par.: The doctrine of “lex rei sitae”

-2nd par.: There are four aspects of succession which are governed by the law of the person whose succession is under consideration, and they are:

(1) the order of succession;(2) the amount of successional rights;(3) the intrinsic validity of the will (Art.16, NCC); and(4) the legal capacity to succeed.

-Under the nationality principle, all these aspects of succession are governed by the national law of the person whose succession is under consideration.

Q. Allan was born a Filipino but was a naturalized Canadian citizen at the time of his death on November 1, 1998. He left behind a last will and testament in which he bequeathed all his properties, real and personal, in the Philippines to his acknowledged illegitimate Filipina daughter, Anita and nothing to his two(2) legitimate Filipino sons, Arnold and Alton. The sons sought the annulment of the last will and testament on the ground that it deprived them of their legitimes but Anita was able to prove that there were no compulsory heirs or legitimes under Canadian law. Who should prevail? Why?

ANS. Anita should prevail because Art. 16 of the NCC provides that intestate and testamentary succession shall be governed by the national law of the person whose succession is under consideration.

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 before 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 agreed upon in a foreign country (Art. 17, NCC).

-the law is an application of the principle of lex loci celebrationis.

-1st par.: EXTRINSIC VALIDITY

Thus, a contract entered into by a Filipino in Japan will be governed by Japanese law in so far as form and solemnities of the contract are concerned.

-2nd par.: ACTS BEFORE DIPLOMATIC AND CONSULAR OFFICIALS

Even if the act be done abroad, still if executed before Philippine diplomatic and consular officials, the solemnities of Philippine laws shall be observed. The theory is that the act being done with an extension of Philippine territory.

-3rd par.: PROHIBITIVE LAWS

This par. gives one exception to the rule that a foreign law, contract, or judgment can be given effect. The reason is that public policy in the Philippines prohibits the same.

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code (ART.18, NCC).

SUPPLETORY NATURE.

Human Relations

Every 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.19, NCC).

PRINCIPLE OF ABUSE OF RIGHTS.

Q. Is abuse of rights actionable? Explain.

ANS. Yes, abuse of rights is actionable. This is clear from the provision of Art. 19 of the NCC, which declares that “every 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,” and from the provision of Art.20, which declares that “Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.”

The principle of abuse of rights is based upon the famous maxim suum jus summa injuria (the abuse of a right is the greatest possible wrong). However, in order that it will be actionable, the following elements of an abuse of right under Art. 19 of the NCC must be present:

1) There is a legal right or duty;2) which is exercised in bad faith;3) for the sole intent of prejudicing or injuring another.

Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same (Art.20, NCC).

-founded on the rule that every person who is criminally liable shall also be civilly liable.

Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage (Art.21, NCC).

Kinds:a. Breach of promise to

marry- By itself is not actionable-Except where there was

financial damage, social humiliation cause to one of the parties, there was a moral seduction or if the breach was done in such a manner as was clearly contrary to good morals.

b. Seduction without breach of promise to marry

-Liability lies if deceit, enticement, superior power or abuse of confidence was used.

c. Sexual assaultd. Desertion by spousee. Trespass and

deprivation of property, i.e. disconnection of electricity

f. Abortion and wrongful death

g. Illegal dismissal;h. Malicious prosecution-An action for damages

brought by one against another whom a criminal prosecution, civil suit, or other legal proceeding has been instituted favor of the defendant therein.

-there was a legal malicei. Public humiliation

Q. V and W, following their mutual promise of love, decided to get married and set September 4, 1954 as the big day. On September 2, V left a note for his bride-to-be postponing the wedding on the ground that his mother was opposed to the wedding. Thereafter, he was never heard of again. Subsequently, W brought an action against V for moral and exemplary damages plus attorney’s fees basing her action on Arts. 21, 2208,2219 and 2232 of the NCC. Will the action prosper?

ANS. Yes. The action will prosper. Ordinarily, a mere breach of promise to marry is not an actionable wrong. But to formally set a wedding and go through all the necessary preparations and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably contrary to good customs, for which the erring promissory must be held answerable in damages in accordance with Art. 21, NCC.

When breach of promise to marry is actionable under Art. 21 of the NCC, such as in the instant case, moral damages may be awarded under Art.2219(10) of the said Code. Exemplary damages maybe awarded, attorney’s fees may also be awarded under Art.2208 of the said Code.

Every person who through an act or 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. 22, NCC).

UNJUST ENRICHMENT. No person can claim what is not validly and legally his or hers. Hence, he should not unduly profit on something which does not meritoriously belong to him or her.

Even when an act or event causing damage to another’s 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. 23, NCC).

In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection (Art. 24, NCC).

-COURT VIGILANCE. The courts must render justice and therefore, they must be very vigilant in protecting the rights of the disadvantaged with the end in view that any decision will be in consonance with what is right and legal.

Thoughtless extravagance in expenses for pleasure and display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution (Art. 25, NCC)

EXTRAVAGANCE DURING EMERGENCY. The law seeks to prevent inconsiderate and ostentatious activities during times of emergency.

Note: Art.25 specifically provides for the entities which are given legal standing to seek an injunction: any government or private charitable institution.

Q.Are interferences with the dignity, personality, privacy and

peace of mind of a neighbor or any other person actionable?

ANS. Yes they are actionable. This is clear from Art.26 of the NCC, which provides:

“Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief.

(a)Prying into the privacy of another’s residence (violation of privacy)

(b)Meddling with or disturbing the private life or family relations of another (interference with family and other relations)

(c)Intriguing to cause another to be alienated from his friends (intriguing to cause alienation)

(d)Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect or other personal

condition (vexation and humiliation)

-This article speaks of protection of human dignity.

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 the latter, without prejudice to any disciplinary administrative action that may be taken (Art. 27, NCC).

RELIEF AGAINST PUBLIC OFFICIAL. A public official is suppose to be an agent or at least a representation of the government and, therefore, the law exacts on him or her an obligation to be very vigilant and just so that the public can be assured that the government is truly effective in servicing their needs. Any person, suffering from the refusal or neglect of any government employee or public servant to perform his duties, is entitled to damages.

Unfair competition in agricultural, commercial or industrial enterprises, or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or high-handed method shall give rise to a right of action by the person who thereby suffers damage (Art. 28, NCC).

Test of Unfair Competition

The test of unfair competition is whether certain goods have been intentionally clothed with an appearance which is likely to deceive the ordinary purchasers exercising ordinary care. (Pro Line Sports Center, Inc. v. CA, 88 SCAD 524, 1997)

When the accused in 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 omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require plaintiff to file a bond to answer for damages 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.29, NCC).

NOTE: “Extinction of the penal action does not carry with it extinction of the civil, unless the extinction proceeds from a declaration in a final judgment that the fact from which the civil might arise did not exist.” (RULE 111, Sec.2[c] Rules of Court)

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. 30, NCC).

CIVIL ACTION ARISING FROM A CRIMINAL OFFENSE. A civil action to enforce civil liability of the accused arising from the crime charged as a felony may be filed ahead of the criminal action. In that case, the plaintiff is required to prove his case by preponderance of evidence. The law allows the filing of the civil action; but the moment a criminal action is filed, the civil action is suspended.

When the civil action is based on an obligation not arising from an act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter (Art. 31, NCC).

CIVIL ACTION NOT ARISING FROM FELONY. This refers to a civil action which is no longer based on the criminal liability of the defendant, but on an obligation arising from other sources, like law, contracts, quasi-contracts and quasi-delicts.

Art. 32 of NCC provides for the basic constitutional rights of a citizen.

SEPARATE CIVIL ACTION FOR VIOLATION OF CONSTITUTIONAL RIGHTS.

-Violation of any of the enumerated constitutional rights under this article may give rise to criminal and civil liability.

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.33, NCC).

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, and the city or municipality shall be subsidiarily responsible therefore. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action (Art.34, NCC).

Illustrative case:

A person is being held-up. A police officer refused to help him despite pleas fro help as a consequence of which the personal belongings of the person were taken. Such police officer is primarily liable for damages and the city or municipality is subsidiarily liable in case of insolvency of the police officer.

Supposing the act of the police officer constitutes a crime, any civil action that may be filed shall be independent of any criminal proceedings. Preponderance of evidence shall be sufficient to support a decision in such action.

Independent civil action

-Bases: Art. 32, 33 and 34-Include: a. violation of civil and political rightsb. defamationc. fraudd. physical injuriese. neglect of duty of public officers

Difference in procedure between civil action and independent civil action.

Civil actions which are not independent and are based on other criminal offenses

Independent civil actions based on criminal offenses under Arts. 32, 33, 34

(1)If the civil action is commenced ahead of the criminal action, upon the institution of the latter, the former is suspended.

(2)If the criminal

(1)The action continues until it is terminated.

(2)Action may

action is commenced ahead of the civil action and the injured party reserved his right to institute a civil action separately, normally, such injured party shall have to wait for the termination of the criminal action before he can institute the civil action.

(3)If the criminal action is commenced without any reservation by the injured party of his right to institute a civil action separately, the civil action for the recovery of civil liability is impliedly instituted with the criminal action, and so, if the accused is acquitted in that he did not commit the offense charged, normally the injured party can no longer institute a civil action to recover damages.

be instituted even during the pendency of the criminal action.

(3)It might be possible for the offended party to bring a civil action against the offender provided the he bases it on an obligation arising from law, or on a contract, or on a quasi-contract, or a quasi-delict.

Exceptions provided by the NCC that once a criminal action has been commenced, the civil action for damages arising from the offense charged shall be suspended until the final

termination of the criminal action.

(1) Art.31, NCC;(2) Art.32, 33, 34, NCC;(3) Art. 36, NCC

What is a prejudicial question?

A prejudicial question is a question which arises in a case, the resolution of which is a logical antecedent of the issue involved in said case, and the cognizance of which pertains to another tribunal (Art.36, NCC).

NOTE: For a civil case to be considered prejudicial to a criminal action as to cause the suspension of the latter pending the final determination of the former, it must appear not only that the civil case involves the same facts upon which the criminal prosecution would be based, but also that in the resolution of the issues raised in said civil action, the guilt or innocence of the accused would necessarily be determined.

What are its elements?

The following are the elements of prejudicial question:

(1) It must be determinative of the guilt or innocence of the accused in the criminal case; and(2) Jurisdiction to try said question must be lodged in another tribunal.

What is its effect upon a criminal action?

Its effect upon a criminal case is to suspend it if one has already been commenced.

Q. A, under duress, married B. During the pendency of the case for annulment filed by A, B and C married. The Fiscal, upon the complaint of C, prosecuted B for bigamy. Can B successfully interpose a prejudicial question to suspend the prosecution of the bigamy charge?

ANS. B cannot successfully interpose a prejudicial question to suspend the prosecution of the bigamy charge. As held by the SC in People v. Aragon (94 Phil. 257), where the nullity of the marriage is due to the fault of the party who is accused of bigamy, such party may

not avail himself of his own malfeasance in order to defeat the action based on his criminal act. Otherwise, if he is permitted to do so, that would violate the principle that in order to obtain redress, a person must go to court with clean hands.