HIGHLIGHTS OF READING ASSIGNMENT Civil Law Review I October 10, 2020

 

HIGHLIGHTS OF READING ASSIGNMENT Civil Law Review I, October 10, 2020 A. 1. Defnion o Law by Sanchez Roman – Law is a rule o conduct, just, obligatory, promulgated by legimate authority, and o common observance and beneft. B. Art. 2, Civil Code –Eecvity o the ollowing 1. Law – shall take eect AFTER feen days FOLLOWING COMPLETION o their publicaon in the Ocial Gazee, unless it is otherwise provided  

2. Civil Code shall take eect ONE YEAR aer publicaon

C. When No Publicaon o the Law Needed – 1. General Rule - where the law provides or its eecvity such as a defnite date (April 5, 2020) or upon approval by the president or approval by Congress over the veto o the president. (Askay v. Casalan 46 Phil. 179) 2. Excepon – where the law is punive D. Date o Eecvity o the Civil Code - August 30, 1950, one year exactly the Ocial Gazee publishing the Code released the same or circulaon, the release having been made on August 30, 1949. (Obiter dictum in Lara v. Del Rosario, 50 OG 1957) E. Art. 4 – Laws shall have no retroacve eect, e ect, unless the contrary is provided 1. General rule – laws have prospecve eect 2. Excepon – when the retroacve eect e ect is expressly provided or F. Art. 6 – Waiver o Rights `

1. General rule – Rights may be wa waived 2. Excepon – when the waiver is contrary to law, public order, public policyt, morals or good cusoms or prejudicial to a third person with a right recognized by law 3. Examples o rights that cannot be waived waived – right to present or uture support, right to uture inheritance, the renunciaon o such rights would inringe inringe upon public policy like like the right to be heard,legal right to repurchase a homestead 4. Examples o rights that may be renounced – support in arrears, venue o acons, right o the accused to be helped by counsel

 

G. Art. 7 – Rules on Repeal and Supremacy o the Constuon 1. Laws are repealed only by subsequent ones, their violaon or non-observance shall not be excused by disuse or custom or pracce to the contrary 2. Laws declared by courts as inconsistent with the Constuon shall be void and the laer shall govern 3. Example o an unconstuional law – see In Re Cunanan ( the Bar Flunkers’ F lunkers’ Case) See also the dissenng opinion o Jusce Paras H. Art. 8 – Judicial decisions applying or interpreng the laws or the Constuon shall orm a part o the legal system o the Philippines. 1.Such judicial decisions are part o the legal system, sll they are not laws. 2. Disncon between rao decidendi and obiter dictum The rao decidendi o a fnal judgment states the reasons re asons or such judgment An obiter dictum is an opinion not necessary to the determinaon o a case.