Tolentino Chapter 1

Persons and Family Relations Law

Civil Code of the Philippines by Arturo M. Tolentino (Chapter Summary) CHAPTER I: EFECT AND APPLICATIONS OF LAWS

Article 1. This act shall be known as the “Civil Code of the Philippines.” I.

Civil Code defined  Civil Code – a collection of laws which regulate the private relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things, and civil acts.

II. Philippine Civil Code  For a long time, the civil code in force in the Philippines was the Civil Code of Spain 1889 by Royal Decree of July 31, 1889 published in the Gaceta de Manila on November 17, 1889, and took effect on December 7, 1889.  Purpose of Codifying a Philippine Civil Code:  To make the laws conform “with the customs, traditions, and idiosyncracies of the Filipino people and with the modern trends in legislation and the progressive principles of law.” III. Sources of Civil Code  The following are the sources of the Present Civil Code:  Civil Code of 1889 – embodied Ley de Bases, Common Law of Castilla, French Civil Code  Codes, laws, and juridical decisions, as well as the works of jurists of other countries  Doctrines laid down by the Supreme Court of the Philippines  Filipino Customs and Traditions  Philippine Statutes  Code Commission itself IV. Incorporation of Customs  The customs which the Code Commission introduced into the New Civil Code are mostly in family relations and succession. V. Arrangement of Code  The general arrangement of the New Civil Code is the same as that of the Civil Code of 1889. There are 4 Books:  Book I - Persons  Book II – Property, Ownership and Its modifications  Book III – Different Modes of Acquiring Ownership  Book IV – Obligations and Contracts  Some changes have been Introduced:  Property relations of husband and wife from Book IV to Book I

 Prescription from Book IV to Book III  New Subjects have been placed in the Book to which they correspond:  Human Relations in Preliminary Title  Care and Education of Children in Book I  Nuisance in Book II  Intellectual Creation in Book III  Natural Obligations, Trust, and Damages in Book IV VI. New Rights Created  The New Code creates numerous new rights and causes of action. E.g.  Acts Contrary to Morals (Article 21)  Civil Action after Acquittal on Reasonable Doubt (Article 29)  Civil Action for Obstruction of Civil Liberty (Article 32)  Rights of Natural Children by Legal Fiction (Article 89)  Wife’s rights in case of maladministration of conjugal property by the husband (Article 167) VII. Subjects Omitted  The New Code has omitted some subjects which were regulated in the Old Code these are:  Dowry  Censos  Use  Habitation VIII. Arrangement Criticized  The general adherence of the new Civil Code to the arrangement of the old Code has been criticized as unscientific.  The report of the special committee of the Philippine Bar Association assigned to study the new Code, under the chairmanship of Justice Jose B.L. Reyes, had this to say:  The new Code’s faulty distribution resulted, inter alia, in placing the notion of the various vices of consent (error, fraud, duress, undue influence) in Book IV on Contracts, as if they were exclusively found in contracts, when they pervade the entire field of the Civil Law and should therefore be dealt with in the general provisions. IX. New Solutions Presented  The new Code contains many reforms in which the solutions given are different from or contrary to those found in the Old Code. X. Language of the Code  In its interpretation, English text shall prevail over any translation  The form is English; the substance is Spanish and Filipino.  Translated words should be understood, not in the light of the Anglo-American law but in that of the Spanish-Philippine law as embodied in the New Civil Code.

Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. I.

Effectivity of the Code  The New Civil Code became effective on August 30, 1950

II. Effectivity of Laws  Where the statute provides that is shall be effective upon approval, no publications is necessary before it becomes effective. Article 3. Ignorance of the law excuses no one from compliance therewith I.

Presumption of Knowledge of Law  Once the law has been promulgated and has taken effect, it is duty of everyone to know it. Compliance therewith becomes unavoidable, and nobody can escape its effects by alleging, in good faith or in bad faith, that he does not know its provisions.

II. Reasons for Article  Logical Consequences of the Conclusive Presumption of Knowledge of the Law:  If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their being unknown to many.  It is absurd to absolve those who do not know the law and increase the obligations of those who know it.  It is almost impossible to prove the contrary, when a person claims ignorance of the law.  In our conscience, we carry norms of right and wrong, and a sense of duty, so that our reason indicates many times what we have to do; and in more complicated juridical relations, there are lawyers who should be consulted. III. What Laws Covered  The laws referred to by this article are those of the Philippines. There is no conclusive presumption of knowledge of foreign laws. IV. No Exceptions Admitted  No Exceptions are admitted, the rule is based on public interest and is designed precisely to avoid abuse through allegation that the law has not come to the knowledge of a party. V. Irrevocability of Acts  If by mistake or ignorance of law, a person does an act which prejudices himself, and the injury cannot be remedied without impairing another’s rights, the mistake cannot be corrected to the prejudice of the latter. E.g. A School Teacher who resigned his position in the public school system upon marriage, pursuant to a school regulation that marriage was equivalent to resignation, cannot rescind such resignation upon learning that a law had already been passed prior to his marriage nullifying the school regulation.

VI. Mistake of Fact  Ignorance of fact (ignorantia facti) may excuse a party from the legal consequences of his conduct; but not ignorance of law, for ignorantia juris neminem excusat. VII. Difficult Questions of Law  Mistake as to difficult legal questions has been given the same effect as a mistake of fact. VIII. Mistakes of Lawyer  It has thus been held that a lawyer cannot be disbarred for an honest mistake or error of law. Article 4. Laws shall have no retroactive effect, unless the contrary is provided. I.

Concept of Retroactive Law  A 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.

II. Reasons for Article  This article is necessarily related to the rule in Article 3. Hence, a law that has not yet become effective cannot be considered as conclusively known by people. III. Application of Article  All statutes are to be construed as having only a prospective operation, unless the purpose and intention of the legislature to give them a retrospective effect is expressly declared or is necessarily implied from the language used. In every case of doubt, the doubt must be resolved against the retrospective effect. IV. Exceptions to Rule  Statutes can be given retroactive effect in the following cases:  Law itself so expressly provides  The presumption of law is that a statute is intended to have only prospective application; the intention to give a statute retroactive effect must be unequivocally expressed or necessarily implied. In case of doubt, doubt must be resolved against retroactivity.  Remedial Statutes  Remedial Statutes are those which refer to the method of enforcing rights or obtaining redress of their invasion. It may have a retroactive effect, so long as it does not affect or change vested rights.  Curative Statutes  Curative Statutes are those which undertake to cure errors and irregularities by reason of some statutory disability or the failure to comply with some technical requirement.  They operate on conditions already existing, and are necessarily retroactive in application.

 Laws interpreting others  Similar to curative statutes are those intended to clarify doubts or interpret an existing law.  Laws creating new rights  If a right be declared for the first time by a new law it shall take effect from the time of such declaration, even though it has arisen from acts subject to the former laws, provided that it does not prejudice another acquired right of the same origin. V. Unconstitutional Provisions  There are two exceptions to retroactivity of statutes:  Ex Post Fact Laws  When the retroactive effect of the statute will constitute an impairment of the obligation of contract Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. I.

Mandatory or Directory Laws  In determining the peculiarity between Mandatory and Directory Laws the prime object is to ascertain the legislative intention.  Mandatory Laws are statutory provisions which relate to matters of substance, affect substantial rights and are the very essence of the thing required to be done.  Violation of a Mandatory or Prohibitory Statute renders the act illegal and void.  Directory Laws are statutory provisions which are not material, do not affect any substantial right, and do not relate to the essence of the thing to be done, so compliance is a matter of convenience rather than substance.  Violations of a Directory, Permissive, or Suppletory Laws are not nullified by this article.

II. When Law Authorizes Validity  Manresa enumerates three cases which may fall under this exception:  Violation does not refer to an essential matter; the law considers the nullity may be more advantageous than validity.  Law may make the validity of the act depend upon the consent of the party directly interested in the nullity of such act.  Law may declare the nullity of an act, but at the same time recognize its effects as legally existing.

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. I.

Elements of Right  Every right has three elements:  Subjects  There are two kinds of subjects: I. Active Subject – entitled to demand the enforcement of right II. Passive Subject – duty-bound to suffer its enforcement  Rights of the Active Subject: I. Personal Rights – imposed upon certain determinate individuals only II. Real Rights – all persons in general; indeterminate individuals  Object  Efficient Cause  The subjects of rights are persons; rights exist only in favor of persons.

II. Kinds of Rights  Rights may be classified into:  Political refers to the participation of persons in the government of the state  Civil includes all others.  Civil Rights may be further classified into: I. Rights of Personality – sometimes called Human Rights. They are intended to protect the human personality in its existence, integrity, and development, in its physical, intellectual, and moral aspects. II. Family Rights – all the rights of a person as a member of a family III. Patrimonial Rights – these have property for their object.  There are two Kinds:  Real Rights - ownership, mortgage  Personal Rights – right to collect a debt  The rights of personality and family rights are inherent in man, regardless of property. III. Renunciation of Waiver  Waiver – relinquishment of a known right with both knowledge of its existence and an intention to relinquish it.  Right must exist at the time of the waiver; there must be actual or constructive knowledge of such existence.  Voluntary Choice is the essence of waiver. IV. Express or Implied  A waiver may be express or implied.  Implied waiver, when from the acts or conduct of a party the intention to relinquish a right may be reasonably inferred.  Waiver of a right may also be implied from a failure or neglect to assert the right at the proper time.

V. Requirements of Waiver  Requisites of a Waiver:  Presence of a Right  Capacity to make the renunciation  Renunciation made clear and in an unequivocal manner VI. Scope of Waiver  The doctrine of waiver is generally applicable to all rights and privileges to which a person is legally entitled.  It is competent for a person to waive a right guaranteed by the Constitution, and to consent to action which would be invalid if taken against his will. VII. Obligations  Obligations cannot be renounced. But a person may exempt himself from an obligation which is inherent in a right, upon the renunciation of such right. VIII. Real Rights  According to Valverde, renunciation of a personal right requires consent of the debtor  While renunciation of a real right is unilateral and depends upon the exclusive will of the owner of the right. Effects flow from such renunciation:  If right renounced is a real right distinct from ownership, the right is merged in the owner of the property.  If there are various holders of a real right, such as co-ownership, renunciation by one of his rights will proportionately increase the shares of the others.  If full ownership is renounced, the thing become res nullius and may be acquired by occupation. IX. Prohibited Waiver  Laws cannot be renounced, although the rights arising therefrom may be renounced.  Public Interest is violated by a waiver of rights created by laws of general and mandatory character.  Privileges granted to some persons by reason of their incapacity, are likewise of public order.  There can be no waiver of rights if it will prejudice third persons. However, if no right is injured, even if they suffer actual damage by the renunciation, the renunciation is valid. 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 declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws of the Constitution. I.

Reason for Article  Since laws are promulgated by the competent authority of the State, the can cease to have effect only through the will of the State; the statute may lapse by its own terms, or it may be repealed by the legislative department, or declared unconstitutional by the judicial branch.

II. Lapse of Laws  There are laws which, without any repeal, cease to have effect because they lapse by their own terms.  Without express provision, the intent of the law may indicate that its effectivity shall be for a limited period. E.g. Emergency Powers Act (Com. Act No. 689, as amended by Rep. Act No. 66) III. Repeal of Laws  There are two kinds of repeal of a law:  Express or Declared Repeal  Implied or Tacit Repeal – In case a conflict accrued between an old and new law, so that observance of one excludes the other, conflict must be resolved in favor of the later law.  There are many laws enacted by the legislative body containing a final article providing that “all previous laws inconsistent with the present law are hereby repealed.”  Implied repeals are not to be favored, because they rest only on the presumption that because the old and new laws are incompatible with each other, there is an intention to repeal the old.  If both laws can by reasonable construction stand together, both will be sustained.  Requisites for Implied Repeal: I. Laws cover the same subject matter II. Latter is repugnant to the earlier IV. Rule Applied  In all cases where two statutes cover, in whole or in part, the same matter, but they are not absolutely irreconcilable, the duty of the court – no purpose to repeal being clearly indicated or expressed – is, if possible, to give effect to both. V. General and Special laws  A General Law in conflict with the special act or provision, special must be taken as intended to constitute an exception to the general act or provision.  A subsequent general statute will not be held to repeal a prior special one, unless there is a clear and necessary conflict between the two. VI. Effect of Codification  A general law does not tacitly repeal a special law, unless the intention of the legislature to make repeal is clearly deduced from the object or the spirit of the later law.  Where a statute purports to cover the whole subject-matter, it supersedes former laws on the same subject matter. VII. Effect of Repeal of Law  The effect of a repealing act must generally be governed by the rules on retroactivity of laws.  Repeal of a Penal Law during the pendency of a criminal prosecution under it, has the effect of depriving the court of jurisdiction with the case, which must be dismissed.

VIII. Repeal of Repealing Law Expressed Prior Law

Repealing Law Implied

Revive when expressed

Revive

Repealing Law (2) IX. Determination of Constitutionality  The criterion for determining the validity of statute must be sought in the Constitution itself.  Judicial power cannot be used to declare a statute void simply because it violates the spirit of our institutions, or impairs any of those rights which it is the object of a free government to protect, or because the court considers the statute to be wrong and unjust. X. Executive Orders and Regulations  Regulations must be in harmony with provisions of the law, and for the sole purpose of carrying into effect its general provisions. Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. I. Decisions not Source of Law  Jurisprudence, in our system of government, cannot be considered as an independent source of law; it cannot create law. III. Role of Jurisprudence  Courts can formulate and declare the law as applied concretely to the case before him.  Double Function of Courts:  Fill the deficiencies of legislation and provide a rule for the facts of a given case for which there is neither positive provision of law nor established custom.  Adapt and adjust rigid and inflexible provisions of law. IV. Doctrine of Stare Decisis  The Doctrine of Stare Decisis enjoins adherence to juridical precedents.  It requires courts in a country to follow the rule established in a decision of the Supreme Court.  The Doctrine is flexible, courts may depart from it.  Stare Decisis is a principle of policy and not a mechanical formula. It does not mean blind adherence to precedents.  Stare Decisis should not apply when there is conflict between the law and precedent.

Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. A. Applicability of Article  This article does not apply to criminal prosecutions, because when there is no law punishing an act, the case must be dismissed. B. Duty of Court to Decide  Not knowing the rules applicable to a certain matter, and where to find the law relative to the case are not reason for dismissing the case without deciding the issues. C.

Obscurity or Deficiency of Law  When Law is vague or obscure, the court should clarify it in the light of rules of statutory construction; it silent or insufficient, the court should fill the deficiency by resorting to customs or general principles of law.

D. Unjust Laws  Court cannot adopt a policy different from that of law. Judge cannot refuse to apply a law just because he considers it unjust. If the law is clear, it must be applied. E.

Rules Suppletory to Law  There is not express provision in the present code with respect to suppletory rules in case of deficiency in the law.  In spite of this, suppletory rules must be considered existing.

F. Concept of Customs  Custom – juridical rule which results from a constant and continued uniform practice by members of a social community, with respect to a particular state of facts, and observed with a conviction that is juridically obligatory.  In order that custom may have the force of suppletory rule, it must have the following requisites:  Plurality of Acts  Uniformity or Identity of Acts  General Practice by great mass of the social group  Continued performance of these acts for a long period of time  General conviction that the practice corresponds to a juridical necessity or that it is obligatory  Practice must not be contrary to law, morals or public order.

G. Custom distinguished from Law Custom Origin

Comes from society

Form

Tacit Unwritten Law Spontaneous

Law Comes from governmental powers of the state Expressed, manifested in solemn and official form Written Law Conscious Creation

H. What Custom Applied  Domicile of the parties applies over the location of the court.  When parties have separate domicile, the custom of the place for the performance or consummation of the juridical act shall apply. I. General Principles of Law  Valverde and Sanchez Roman “General principles are universal juridical standard dictated by correct reason; or those principles of justice beyond the variability and uncertainty of facts, those high standards which serves as a foundation of positive law, those rules accepted by juriconsults which constitute real axioms for all those who intervene in juridical life, and which form a law superior to that which enacted.”  It is “the principles which serve as the basis for positive law in each country.” – Buron, De Diego, Castan de Buen  Limitation in the Application of the General Principles of Law:  It should not be in conflict with the general or particular provision of the law. Court should first look into the general principles underlying the positive law of the land; and when these have exhausted, then it should proceed to apply the rules that it may deem most reasonable and just, provided that they do not violate the fundamental concepts of the law, custom, or established doctrines.  The General Principles of Law is admissible, when there is no law applicable to the point in controversy, without showing a law or decision which sanctions it. Article 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. I.

Applicability of Article  It is applied only in case of doubt, and when all other rules of interpretation fail.  When law is clear, it must be applied even if it does not conform to his concept of right and justice.

Article 11. Customs which are contrary to law, public order or public policy shall not be compensated. I.

Application of Rule  No man or set of men can create custom for their benefit and give it force paramount to that of an express law.

Article 12. A custom must be proved as a fact, according to the rules of evidence. I.

Non-existence of Custom  When the alleged custom or usage is not known to those who, from business connections, have the best means of knowing it, this ignorance is, in some sense, positive evidence of its non-existence.

Article 13. When the laws speak of years, months, days, or nights, it shall be understood that the 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 respectively have. In computing a period, the first day shall be excluded, and last day included. I.

Meaning of “Week”  It means a period of seven consecutive days without regard to the day of the week on which it begins.

II. Meaning of “Month”  Strictly in a legal sense, it is a period composed of thirty days. III. Computation of Time  Present article of the Code does not contain the exception referring to Sundays and legal holidays.  When the act and the period are contractual, the exception referring to Sunday and holidays does not apply, act must be done on the last day, even if the latter should be Sunday or a holiday. IV. Date Specified  There is no necessity for computation when the date is fixed; that is, when the act is to take place at a specified future date.