Introduction To Law PDF

I. INTRODUCTION TO LAW Divine law. Divine law is the law of religion and faith which concerns A. Definition of Law (The Law on Obligations and Contracts, De...

I. INTRODUCTION TO LAW Divine law. Divine law is the law of religion and faith which concerns A. Definition of Law (The Law on Obligations and Contracts, De Leon) itself with the concept of sin (as contrasted with crime) and INTRODUCTION TO LAW salvation. THE GENERAL NATURE OF LAW (1) Source. It is formally promulgated by God and revealed Meaning of law in general. or divulged to mankind by means of direct revelation. In its widest and most comprehensive sense, the term (a) Under the Old Testament, divine law is embodied law means any rule of action or any system of in the Ten Commandments. It is believed by uniformity.Thus, law, in general, determines not only the Christians that these laws were formally given by activities of men as rational beings but also the movements God through Moses, the great Hebrew prophet or motions of all objects of creation, whether animate or and leader. (see C. Pascual, Legal Method, 2nd inanimate. ed., pp. 7-8.) (b) Of course, divine law differs according to what one General divisions of law. believes to have been established and Law, as above defined, may be divided into two (2) communicated to mankind by revelation. Thus, to general groups: the Mohammedans, divine law is embodied in the Muslim Quoran. (1) Law (in the strict legal sense) which is promulgated (2) Sanction. The sanction of divine law lies in the and enforced by the state; and assurance of certain rewards and punishments in the (2) Law (in the non-legal sense) which is not promulgated present life or in the life to come. (Clark, Elementary Law, and enforced by the state. p. 5.) The first refers to what is known as the state law while the second includes divine law, natural law, moral Natural law. law, and physical law. (see M.J. Gamboa, Introduction Natural law may then be defined as the divine inspiration to Philippine Law, 6th ed., p. 3.) in man of the sense of justice, fairness and righteousness, not by divine revelation or formal promulgation, but by Subjects of law. internal dictates of reason alone. State law, divine law, natural law, and moral law are comprised in the definition of law as a rule of action. They (1) Binding force. Natural law is ever present and binding apply to men as rational beings only. On the other hand, on all men everywhere and at all times. There is in every physical law operates on all things, including men, without man a basic understanding of right and wrong based on regard to the latter's use of their will power and intelligence. an understanding of the fundamental standard or It is called law only figuratively speaking. criterion of good and evil. In other words, there are some acts or conduct which man knows in his heart and his Before proceeding with the discussion of state law, let us conscience, not by theorizing, but by the dictates of his first dispose of those laws with which the state is not directly moral nature, are simply good or bad or evil. concerned. Thus, we know that killing for the sake of killing or stealing for the sake of stealing is bad or evil because it  is contrary to what we believe is just, fair or righteous. is created spontaneous social response which may be When we speak of this inward instinct of justice, fairness in the form of public pleasure, approval or even joy." and righteousness in man as divinely inspired by the (see C. Pascual, The Nature and Elements of Law, dictates of his higher nature, we are talking about natural 1954 ed., p. 16.) law or the law of nature. (see C. Pascual, The Nature (3) Binding force, Moral law is not absolute. It varies and Elements of the Law, 1954 ed., pp. 9-10.) with the changing times, conditions or convictions of the (2) Compared to divine law. While natural law and divine people. For example, polygamy is considered immoral law are very similar, they are not, however, the same. (it is also a crime) in the Philippines, whereas, it is Divine law, as the law of religious faith, is made known to allowed in some parts of the world. Today's fashions in man by means of direct revelation. On the other hand, women's dress are socially allowed but at different natural law is said to be impressed in man as the core of times, they would have been morally condemned. his higher self at the very moment of being or, perhaps, (4) Place in state law. Moral law, to a great extent, even before that. (see C. Pascual,Legal Method, 2nd ed., influences or shapes state law. p. 111.) (3) Place in state law. - Natural law has been regarded as Physical law. the reasonable basis of state law. "In the operation or course of nature, there are uniformities of actions and orders of sequence which are the Moral law. physical phenomena that we sense and feel. They are known as the laws of physical science or physical law." When we talk of moral law, we are speaking of the totality (Ibid., p. 19.) of the norms of good and right conduct growing out of the collective sense of right and wrong of every community. (1) Order or regularity in nature. A law of physical (1) Determination of what is right and wrong. "At a science, being addressed to objects which have no comparatively early stage of their existence human power to disobey, is in reality nothing more than an beings learned that it was good for the welfare of the order or regularity in nature by which certain results group that the privilege to determine what is right and follow certain causes. (Clark, Elementary Law, p. 34.) what is wrong was not left to each member of the group. (2) Called law only by analogy. In other words, this order The mores or ways of life were then evolved which were or regularity is called law only by analogy. "Examples of always considered right and correct, and obedience to physical law are many. The more conspicuous ones are them was demanded by the group." the law of gravitation and the law of chemical (2) Sanction. As distinguished from state law, there is no combination." (see C. Pascual, Legal Method, 2nd ed., definite legal sanction (punishment imposed by law like p. 13.) imprisonment and/or payment of fines or damages) for violation of purely moral law. "If a member of the State law. community disregards the moral norms, a spontaneous The kind of law, however, which particularly concerns us social reaction is produced in the form of public in this work is the state law or the law that is promulgated displeasure, contempt or even indignation. If, on the and enforced by the state. other hand, there is conformity to the moral norms, there (1) Other terms used. This law is also called positive law, Characteristics of law. municipal law, civil law, or imperative law. It is the law The characteristics of law (in its specific sense) are: that we refer to when we speak of law in connection with obligations and contracts, marriage, the administration of (1) It is a rule of conduct. - Law tells us what shall be done justice, the conduct of elections, and the entire 1 and what shall not be done. As a rule of human governmental process itself. conduct, law takes cognizance of external acts only; (2) Binding force. As a rule of action, only state law is (2) It is obligatory. Law is considered a positive command enforced by the state, with the aid of its physical force, if imposing a duty to obey and involving a sanction which necessary. forces obedience; (3) Concern of state law. The fields of state law are (3) It is promulgated by legitimate authority. In a different from those of divine law, natural law, and moral democratic country, like the Philippines, the legitimate or law. State law does not concern itself with violations of competent authority is the legislature. Under the the latter rules of action unless they also constitute Constitution, laws called "statutes are enacted by violations of its commands. A full examination of divine Congress which is the name of the legislative branch of law properly belongs to the fields of philosophical our government; local government units are also theology; of natural law, to metaphysics; of moral law, to empowered to enact ordinances which have the binding ethics; and of physical law, to physical science or force of laws; and physics. (M.J. Gamboa, op. cit., p. 5.) (4) It is of common observance and benefit. - Law is intended by man to serve man. It regulates the relations Concepts of (state) law. of men to maintain harmony in society and to make order The term law may be understood in two (2) concepts: in and co-existence possible. Law must, therefore, be the general or abstract sense, and in the specific or material observed by all for the benefit of all. sense. Necessity and functions of law. (1) In its general sense, the term refers to all the laws taken (1) What would life be without law? together. It may be defined as "the mass of obligatory If we can answer this question, we can answer the more rules established for the purpose of governing the basic question of whether law is necessary. If life without relations of persons in society." (see A. Tolentino, Civil law would be the same as it is now, obviously law is not Code of the Philippines, 1953 ed., Vol. 1, p. 1.) Examples necessary. of the use of law in this sense are: "law of the land," "rule Society comes into existence because its members could of law and not of men," "equality before the law," not live without it. The need for internal order is as "enforcement of the law," etc. constant as the need for external defense. No society (2) In its specific sense, the term has been defined as "a can be stable in which either of these requirements fails rule of conduct, just, obligatory, promulgated by to be provided for. (see F. Pollack, A First Book on legitimate authority, and of common observance and Jurisprudence, 5th ed., p. 6.) benefit." (I Sanchez Roman 3.) It has this second (2) What does law do? connotation when we refer to a particular statute or legal It has been said that law secures justice, resolves social rule, e.g., the law on obligations and contracts. conflict, orders society, protects interests, controls social  relations. Life without basic laws against theft, violence, laws which are declared by the courts to be inconsistent and destruction would be solitary, nasty, brutish, and with the Constitution shall be void and the latter shall short. Life without other laws such as those regulating govern. (see Art. 7, Civil Code.) traffic, sanitation, employment, business, redress of harm (2) Legislation. It consists in the declaration of legal rules by or of broken agreements, etc. would be less orderly, less a competent authority. (Salmond, Jurisprudence, 9th ed., healthful, less wholesome, etc. (see Howard and p. 209.) It is the preponderant source of law in the Summers, Law, Its Functions, and Its Limits, 1965 ed., Philippines. Acts passed by the legislature are so-called pp. 35-37.) enacted law or statute law. Legislation includes (3) What is our duty as members of society? ordinances enacted by local governments units. No society can last and continue without means of social (3) Administrative or executive orders, regulations, and control, without rules of social order binding on its rulings. They are those issued by administrative officials members. The sum of such rules as existing in a given under legislative authority. Administrative rules and society, under whatever particular forms, is what, in regulations are intended to clarify or explain the law and common speech, we understand by law or is also carry into effect its general provisions. Administrative acts referred to as the legal system. Since we find law are valid only when they are not contrary to the laws and necessary, every citizen should have some the Constitution. (Art. 7, Civil Code.) understanding of law and observe it for the common (4) Judicial decisions or jurisprudence. - The decisions of good. the courts, particularly the Supreme Court, applying or interpreting the laws or the Constitution form part of the legal Sources of law. system of the Philippines. (Art. 8, Ibid.) The decisions of a The principal sources of law in the Philippines are superior court on a point of law are binding on all the Constitution, legislation, administrative rules and subordinate courts. This is called the doctrine of precedent regulations, judicial decisions, and customs. or stare decisis. The Supreme Court, however, may reverse or modify any of its previous rulings. Until then, the decisions (1) Constitution. With particular reference to the Constitution of the Supreme Court applying or interpreting the laws or the of the Philippines, it may be defined as "the written Constitution are "laws" by their own right because they instrument by which the fundamental powers of the declare what the laws say or mean. Unlike rulings of the government are established, limited, and defined, and by lower courts, which bind the parties to specific cases alone, which these powers are distributed among the several its judgments are applied to all. (Phil. Veterans Affairs Office departments for their safe and useful exercise for the vs. Segundo, 164 SCRA 365.) benefit of the people." (see Malcolm & Laurel, Phil. Constitutional Law, 1936 ed., p. 6.) (5) Custom. "It consists of those habits and practices which It is often referred to as the fundamental law or supreme through long and uninterrupted usage have become law or highest law of the land because it is promulgated acknowledged and approved by society as binding rules by the people themselves, binding on all individual of conduct." It has the force of law when recognized and citizens and all agencies of the government. It is the law enforced by the state. (M.J. Gamboa, op. cit., p. 15.) For to which all other laws enacted by the legislature (as well instance, in a contract for services rendered where no as administrative or executive acts, orders and regulations definite compensation is stipulated, the compensation to having the force of law) must conform. This means that be paid may be ascertained from customs and usages of  the place. (see Smith vs. Lopez, 5 Phil. 78.) A custom organizations, social clubs, families, and host of others. Such must be proved as a fact according to the rules of organizations, through rules, regulations and orders, control evidence. (infra.) (Art. 12, Civil Code.) It may be applied some of the behavior of their members. by the courts in the absence of law or statute exactly applicable to the point in controversy. But customs which Law compared with other means of social control. are contrary to law, public order or public policy are not There are several basic differences between social countenanced. (Art. 11, Ibid.) control through law and control through other methods, to wit: (6) Other sources. To the above may be added principles of justice and equity, decisions of foreign tribunals, (1) Laws are made and administered by the only institutions opinions of textwriters, and religion. They are, however, in society authorized to act in behalf of the entire only supplementary, that is, they are resorted to by the citizenry. Churches, for example, act only for their courts in the absence of all the other sources. They are, members; however, not binding on the courts. (Ibid., pp. 11, 14.) (2) Only the legal institutions within the society can make rules, regulations and orders with which the entire Rule in case of doubt in interpretation or application of citizenry must comply. The rules, etc, of social and laws. economic organizations, for example, govern only limited Our Civil Code provides that "no judge or court shall numbers; decline to render judgment by reason of the silence, obscurity or (3) People associated with an organization can ordinarily insufficiency of the laws." (Art. 9, Civil Code.) "In case of in the terminate their relationship and thereby free themselves interpretation or application of laws, it is presumed that the from the impact of its rules and regulations, Citizens of a lawmaking body intended right and justice to prevail." (Art. 10, state, however, cannot do this unless they choose to Ibid.) In our country, courts are not only courts of law but also of leave the geographical area in which the state is justice. Faced with a choice between a decision that will serve sovereign; justice and another that will deny it because of a too strict (4) The sanctions or techniques of control through law are interpretation of the law, courts must resolve in favor of the more varied and complex than the techniques available former, for the ultimate end of the law is justice. (Pangan vs. to organizations such as churches, labor unions, and Court of Appeals, 166 SCRA 375.) This is particularly true political parties. Expulsion is usually the most powerful where what is at stake is the life, liberty, or property of an technique available to such organizations to secure individual, and more so if he is poor or disadvantaged. compliance with their rules, etc. For the employee, it is the loss of his job. Organs of social control. Aside from imprisonment and deportation, there are many other sanctions available to the law, including Law is not an end in itself. It may be viewed as a means denial or revocation of license, confiscation of property, of social control-the control of social behavior that affects imposition of civil liability for certain kind of conduct, others. (Howards and Summers, op. cit., p. 38.) In modern dissolution of organizations, and denial of privileges. A pluralistic societies, there are many organs of social control. For sanction is remedial if the object is the indemnification of instance, in the Philippines, in addition to legal institutions the person who has suffered damages or injury from a national and local- there are churches, corporations, political parties, trade associations, schools, labor unions, professional  violation of law, and penal if the object is the punishment (2) Special courts. Aside from these courts, there is, under of the violator; and the Constitution, a special anti-graft court, the (5) Before the law "operates" against an individual, various Sandiganbayan. (Art. XI, Sec. 4 thereof.) It forms part of procedural steps are required. Thus, the individual must the judicial hierarchy together with the Court of Tax ordinarily be given a hearing and a fair opportunity to Appeals, a special tax court created by law, on the same show why he should not, for example, be ordered to pay level as the Court of Appeals. money to a claimant, or be deprived of his liberty. Such (3) Quasi-judicial agencies. - Administrative bodies under the steps are commonly referred to as "due process" of law. executive branch performing quasi-judicial functions, like Organs of social control other than those provided by law the National Labor Relations Commission, the Securities are generally not required to comply with such and Exchange Commission, Land Transportation procedures in acting against individuals except when Franchising and Regulatory Board, Insurance their rules provide therefor. (Ibid., pp. 43-44.) Commission, etc., and the independent Constitutional Commissions (Civil Service Commission, Commission on Organization of courts. Elections and Commission on Audit) do not form part of the integrated judicial system. Under the Constitution, the judicial power or the power to Their functions are described as "quasi-judicial" because decide actual cases and controversies involving the they also involve the settlement or adjudication of interpretation and application of laws, is "vested in one Supreme controversies or disputes. Court and in such lower courts as may be established by laws." (Art. VIII, Sec. 1 thereof.) The judiciary, composed of the courts, Classifications of law. is one of the three (3) main divisions of power in our system of The methods for classifying law are many. For our government. purposes, it would be best to consider the main (1) Regular courts. The Philippine judicial system consists classifications of law, first, as to its purpose, and second, as of a hierarchy of courts resembling a pyramid with the to its nature. Supreme Court at the apex. Under present legislation, the other courts are: (a) one Court of Appeals, (b) (1) As to its purpose: Regional Trial Courts sitting in the different provinces and (a) Substantive law or that portion of the body of cities, and (c) Metropolitan Trial Courts in Metropolitan law creating, defining, and regulating rights and areas established by law; Municipal Trial Courts in cities duties which may either be public or private in not forming part of a metropolitan area, and in character. An example of substantive private law municipalities; and Municipal Circuit Trial Courts in areas is the law on obligations and contracts; and defined as municipal circuits. Circuit courts exercise jurisdiction over two (2) or more cities and/or (b) Adjective law or that portion of the body of law municipalities. prescribing the manner or procedure by which The Supreme Court, the Court of Appeals, and the rights may be enforced or their violations Regional Trial Courts are considered courts of general or redressed. Sometimes this is called remedial superior jurisdiction. law or procedural law. The provision of law which says that actions for the recovery of real property shall be filed with the Regional Trial  Court of the region where the property or any purely private ends. The law on obligations and part thereof lies, is an example of private contracts comes under this heading because it adjective law. deals with the rights and obligations of the contracting parties only. The state, however, is Rights and duties are useless unless they can be also involved in private law; it enforces private enforced. It is not enough, therefore, that the state law but simply as an arbiter and not as a party. regulates the rights and duties of all who are subject (see M.J. Gamboa, op. cit., p. 98.) to the law; it must also provide legal remedies by Included in private law are civil law, commercial which substantive law may be administered. Hence, or mercantile law, and civil procedure. Civil the need for adjective law. procedure is that branch of private law which The adjective law in the Philippines is governed by provides for the means by which private rights the Rules of Court promulgated by the Supreme Court may be enforced. and by special laws. Law on obligations and contracts defined. (2) As to its subject matter: "The law of obligations and contracts is the body of rules (a) Public law or the body of legal rules which which deals with the nature and sources of obligations and regulates the rights and duties arising from the the rights and duties arising from agreements and the relationship of the state to the people. particular contracts." (Ibid.; see Art. 1307.) An example of public law is criminal law, the law which defines crimes and provides for their punishment. In legal theory, when a person Civil Code of the Philippines. commits a crime, he violates not only the right of The law on obligations and contracts is found in Republic the individual victim but primarily that of the state Act No. 386, otherwise known as the Civil Code of the because the crime disturbs the peace and order Philippines. When we speak of civil law, we refer to the law of the state. found primarily in our Civil Code. Also included are: international law or that law which governs the relations among nations or The Civil Code of the Philippines is based mainly on the states; constitutional law or that which governs Civil Code of Spain which took effect in the Philippines on the relations between the state and its citizens; it December 7, 1889. (Mijares vs. Neri, 3 Phil. 196.) It was establishes the fundamental powers of the approved as Republic Act No. 386 on June 18, 1949 and took government; administrative law or that which effect on August 30, 1950. (Lara vs. Del Rosario, 94 Phil. 778.) governs the methods by which the functions of It is divided into four (4) books. administrative authorities are to be performed; and criminal procedure or that branch of private Civil Code provisions on obligationsand contracts. law which governs the methods of trial and punishment in criminal cases; and Book IV of the Civil Code deals with obligations and contracts. The general provisions on obligations are contained (b) Private law or the body of rules which regulates in Title L Articles 1156-1304, while those on contracts, in Title II, the relations of individuals with one another for Articles 1305-1422. The general rules of law governing contracts are also applicable to the particular kinds of contracts ================================================ (like sale, agency, partnership, barter, etc.) in addition to the special provisions of law governing each type of contract. B. When law takes effect ARTICLE 2 of the Philippine Civil Code (RA 386 as Conclusive presumption of knowledge of law. amended). Laws shall take effect after fifteen days following the completion of their publication either in the Official Ignorance of law excuses no one from compliance Gazette or in a newspaper of general circulation in the therewith, (Art. 3, Civil Code.) Philippines, unless it is otherwise provided. "Everyone, therefore, is conclusively presumed to know [2.1] In General the law." This presumption is far from reality but it has been A law may provide for its own effectivity. If the law is silent as established because of the obligatory force of law. to its own effectivity, then it shall take effect only after fifteen The following reasons have been advanced for this (15) days following its complete publication. presumption: [2.2] Laws Providing For Its Own Effectivity An example of a law that provides for its own effectivity is the (1) If laws will not be binding until they are actually known, then “Family Code of the Philippines” (Executive Order No. 209). social life will be impossible, because most laws cannot be Article 257 of the Family Code provides that the Code shall enforced due to their being unknown to many; take effect one (1) year after the completion of its publication (2) It is almost impossible to prove the contrary person claims in a newspaper of general circulation, as certified by the ignorance of the law; Executive Secretary, Office of the President. Its publication (3) It is absurd to absolve those who do not know the law and in the Manila Chronicle, a newspaper of general circulation, increase the obligations of those who know it; and was completed on August 4, 1987. Thus, in Memorandum (4) In our conscience, we carry norms of right and wrong and a Circular No. 85 dated November 7, 1988, it was clarified that sense of duty, so that our reason indicates many times what the Code took effect on August 3, 1988, and not on August we have to do and in more complicated juridical relations, 5, 1988. there are lawyers who should be consulted (A. Tolentino, op. [2.3] Computation of the 15-Day Period cit., pp. 18-19.); and The 15-day period may either be on the 15th day or on the (5) "Evasion of the law would be facilitated and the 16th day depending on the language used by Congress in administration of justice would be defeated if persons could fixing the effectivity date of the statute. successfully plead ignorance of the law to escape the legal [2.3.1] 15th Day: If the law declares that it shall become consequences of their acts, or to excuse non-performance of effective “15 days after its publication,” it means that its their legal duties. The rule, therefore, is dictated not only by effectivity is on the 15th day after such publication. expediency but also by necessity." (Ibid., p. 7; Zulueta vs. [2.3.2] 16th Day: If the law declares that it shall be effective Zulueta, 1 Phil. 254.) “after 15 days following its publication,” its effectivity is on Thus, ignorance of the provisions of the law imposing a the 16th day thereafter. penalty for illegal possession of firearms, or punishing the [2.4] When Law Is Silent possession of prohibited drugs, does not constitute a valid When the law is silent as to its effectivity, then it shall take excuse for their violation. effect after fifteen (15) days following the completion of its publication. [2.5] Publication Requirement Tuvera case. The court resolved the issue by saying that Obviously, when the law does not provide for its own pursuant to the Civil Code and the Revised Administrative effectivity then it must be published because the date of Code, publication must be effected in the Official Gazette publication is material in determining the law‟s effectivity. If and not in any other medium. Because of this ruling, E.O. the law, however, provides for its own effectivity, may it No. 200 was passed by President Corazon Aquino on June become effective even without publication? In previous 18, 1987, amending Section 2 of the Civil Code. Pursuant to decisions, the Supreme Court ruled that publication in the this amendatory law, publication of laws may now either be Official Gazette is necessary only in those cases where the in the Official Gazette or in a newspaper of general legislation itself does not provide for its effectivity date –– for circulation in the Philippines. then the date of publication is material in determining the [2.7] Publication in Full date of effectivity of the law, which is the 15th day following Publication must be in full or it is no publication at all since its publication –– but not when the law itself provides for the its purpose is to inform the public of the contents of the laws. date when it goes into effect.Then came the celebrated case [2.8] Meaning of “Newspaper of General Circulation” of Tañada vs. Tuvera, wherein the Supreme Court To be a newspaper of general circulation, it is enough that it abandoned the doctrine in Askay and related cases. In the is published for the dissemination of local news and general Tañada case, the Court ruled that Article 2 of the Civil Code information, that it has a bona fide subscription list of paying does not preclude the requirement of publication in the subscribers, and that it is published at regular intervals.15 Official Gazette even if the law itself provides for the date of The term “newspaper of general circulation” does not mean its effectivity since the clear object of the law is to give the that it is a newspaper with the largest circulation. The fact general public adequate notice of the various laws which are that there are other newspapers having larger circulation is to regulate their actions and conduct as citizens. Without unimportant. such notice and publication, there would be no basis for the [2.9] Meaning of Clause “Unless It Is Otherwise application of the maxim “ignorantia legis non excusat.” It Provided” in Article 2 would be the height of injustice, according to the Court, to The clause “unless it is otherwise provided” refers to the punish or otherwise burden a citizen for the transgression of date of effectivity and not to the requirement of publication a law of which he had no notice whatsoever, not even a itself, which cannot in any event be omitted. This clause constructive one. The contention that only laws which are does not mean that the legislature may make the law silent as to their effectivity date need be published in the effective upon approval, or on any other date, without its Official Gazette for their effectivity is manifestly untenable. previous publication. It is not correct to say that under the The proviso “unless it is otherwise provided” in Article 2 of disputed clause publication may be dispensed with the Civil Code perforce refers only to a law that has been altogether. The reason is that such omission would offend duly published pursuant to the basic constitutional the due process insofar as it would deny the public requirements of due process. knowledge of the laws that are supposed to govern it. [2.6] Where to Publish Surely, if the legislature could validly provide that a law shall In the motion for reconsideration in the Tañada case, a become effective immediately upon its approval question arose as to where the publication must be made. notwithstanding the lack of publication (or after an Must the publication be effected only in the Official Gazzete? unreasonable short period after publication), it is not un- This question was answered by the Supreme Court in the likely that persons not aware of it would be prejudiced as a resolution of the motion for reconsideration in the Tañada vs. result; and they would be so not because of a failure to  comply with it but simply because they did not know of its their nature, in view of the law in force at the time of their existence. occurrence. [2.10] Effective Immediately Upon Approval [4.3] Purpose of the Provision A statute which by its terms provides for its coming into This rule is related to Article 3. The obligatory force of law effect immediately upon approval thereof, is properly presupposes that it has been promulgated and made known interpreted as coming into effect immediately upon to the citizen; hence, a law that has not yet become effective publication thereof in the Official Gazette as provided in cannot be considered as conclusively known by the Article 2 of the Civil Code. Such statute, in other words, people.37 To make the law binding even before it has taken should not be regarded as purporting literally to come into effect may lead to arbitrary exercise of the legislative power. effect immediately upon its approval or enactment and [4.4] General Rule: Prospectivity without need of publication. For so to interpret such statute In general, laws are to be construed as having only would be to collide with the constitutional obstacle posed by prospective operation. Lex prospicit, non respicit.39 the due process clause. [4.5] Exceptions to General Rule [2.11] Reduction or Extension of 15-Day Period In the following instances, laws may be given retroactive The legislative may, in its discretion, provide that the usual effect: (1) if the law itself provides for retroactivity; (2) penal 15-day period shall be shortened or extended. For example, laws favorable to the accused; (3) if the law is procedural; (4) the Civil Code did not become effective after fifteen days when the law is curative; and (5) when the law creates new from its publication in the Official Gazette but “one year” after substantive rights. its publication. [4.6] Law That Provides For Its Retroactivity [2.12] Meaning of Term “Laws” in Article 2 The law itself may provide for its retroactivity. This is the The term “laws” should refer to all laws and not only to those meaning of the clause “unless the contrary is provided” in of general application, for strictly speaking, all laws relate to Article 4 of the Civil Code. The rule that a statute will be the people in general albeit there are some that do not apply given retroactive effect, if it so expressly provides, has two to them directly. All statutes, including those of local exceptions with a constitutional basis: (1) when the application and private laws, shall be published as a retroactivity of a penal statute will make it an ex post facto condition for their effectivity. law; and (2) when the retroactive effect of the statute will result in impairment of obligation of contracts. C. Retroactivity of laws [4.6.1] Ex-Post Facto Law: Under Sec. 22, Article III of the ARTICLE 4 of the Philippine Civil Code (RA 386 as 1987 Philippine Constitution, Congress is prohibited from amended). Laws shall have no retroactive effect, unless the enacting ex post facto laws. Basically, an ex post facto law is contrary is provided. (3) one that would make a previous act criminal although it was 4. Prospective Application of Laws not so at the time it was committed. To be an ex post facto, [4.1] Reinstatement of Principle the law must: (1) refer to criminal matters; (2) be retroactive Laws shall have prospective effect unless the contrary is in its application; and (3) prejudicial to the accused. expressly provided. [4.6.2] Non-Impairment of Obligation of Contracts: Under [4.2] Retroactive Law, Explained Sec. 10, Art. III of the 1987 Philippine Constitution, Congress A retroactive law is one intended to affect transactions which is prohibited from passing laws that will impair the obligation occurred, or rights which accrued, before it became of contracts. A law impairs an obligation of contract if it has operative, and which ascribes to them effects not inherent in retroactive application so as to affect existing contracts actions pending and undetermined at the time of their concluded before its enactment. passage. Procedural laws are retroactive in that sense and [4.6.2.1] Non-Impairment of Contracts, General Rule: to that extent. The retroactive application of procedural laws Only laws existing at the time of the execution of the contract is not violative of any right of a person who may feel that he are applicable thereto and not later statutes, unless the latter is adversely affected. The reason is that as a general rule, are specifically intended to have retroactive effect. A later no vested right may attach nor arise from procedural laws. law which enlarges, abridges, or in any manner changes the [4.9] Curative Laws intent of the parties to the contract necessarily impairs the A curative statute is enacted to cure defects in a prior law or contract itself and cannot be given retroactive effect without to validate legal proceedings, instruments or acts of public violating the constitutional prohibition against impairment of authorities which would otherwise be void for want of contracts. conformity with certain existing legal requirements. [4.6.2.2] Exercise of Police Power, Exception to Rule: [4.10] Law Creating New Substantive Right The foregoing principles mentioned in supra §§ 4.6.2 and When the law creates new substantive rights, it may be 4.6.2.1 admit of certain exceptions. One involves police given a retroactive effect provided it has not prejudiced power. A law enacted in the exercise of police power to another acquired right of the same origin. regulate or govern certain activities or transactions could be given retroactive effect and may reasonably impair vested D. Mandatory or prohibitory laws rights or contracts.42 Police power legislation is applicable ARTICLE 5 of the Philippine Civil Code (RA 386 as not only to future contracts, but equally to those already in amended). Acts executed against the provisions of existence.43 Non-impairment of contracts or vested rights mandatory or prohibitory laws shall be void, except when the clauses will have to yield to the superior and legitimate law itself authorizes their validity. (4a) exercise by the State of police power to promote the health, [5.1] Mandatory, Prohibitory and Permissive Laws morals, peace, education, good order, safety, and general If the law commands that something be done, it is welfare of the people. Moreover, statutes in exercise of valid mandatory. If the law commands that something should not police power must be read into every contract. be done, it is prohibitory. If the law commands that what it [4.7] Penal Laws Favorable to Accused permits to be done should be tolerated or respected, in Penal laws shall have a retroactive effect insofar as they which case, it is permissive or directory. favor the person guilty of a felony, who is not a habitual [5.2] General Rule delinquent, although at the time of the publication of such Acts executed against the provisions of mandatory or laws a final sentence has been pronounced and the convict prohibitory laws are void. is serving the same. [5.3] Exceptions to the rule [4.8] Procedural or Remedial Laws The rule that acts executed against the provisions of Remedial statutes or statutes relating to remedies or modes mandatory or prohibitory laws are void is subject to the of procedure, which do not create a new or take away vested following exceptions: rights, but only operate in furtherance of the remedy or (1) When the law itself authorizes its validity although confirmation of rights already existing, do not come within generally they would have been void. Example: Lotto the legal conception of a retroactive law, or the general rule and sweepstakes. against retroactive operation of statutes. Statutes regulating (2) When the law makes the act valid, but punishes the the procedure of the courts will be construed as applicable to violator. Example: A widow who remarries before the  lapse of 300 days after the death of her husband is liable be personally exercised; it is enforceable against the whole to criminal prosecution but the marriage is valid. world; and (2) personal right or the power belonging to one (3) Where the law merely makes the act voidable, that is, person to demand of another, as a definite passive subject, valid unless annulled. Example: a marriage celebrated the fulfillment of a prestation to give, to do or not to do. through violence or intimidation or fraud is valid until it is [6.4] Requisites of Valid Waiver annulled by a competent court. Renunciation or waiver is defined as the relinquishment of a (4) Where the law declares the act void, but recognizes known right with both knowledge of its existence and an legal effects as arising from it. For example, in a void intention to relinquish it. In order that a person may be marriage under Articles 36 and 53 of the Family Code, considered to have validly renounced a right, the following the children born thereto are considered legitimate. requisites should be present: (1) he must actually have the right which he renounces; (2) he must have the capacity to E. Waiver of rights make the renunciation; and (3) the renunciation must be ARTICLE 6 of the Philippine Civil Code (RA 386 as made in a clear and unequivocal manner. amended). Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good F. Repeal of laws customs, or prejudicial to a third person with a right ARTICLE 7 of the Philippine Civil Code (RA 386 as recognized by law. (4a) amended). Laws are repealed only by subsequent ones, [6.1] Elements of Rights and their violation or non-observance shall not be excused Every right has three elements: the subject, the object, and by disuse, or custom or practice to the contrary. the efficient cause. The subjects of rights are persons for When the courts declare a law to be inconsistent with the rights exist only in favor of persons. There are two kinds of Constitution, the former shall be void and the latter shall subject: (1) active subject, one who is entitled to demand the govern. enforcement of the right, and (2) passive subject, one who is Administrative or executive acts, orders and regulations shall duty-bound to suffer its enforcement. Things and services be valid only when they are not contrary to the laws or the constitute the object of rights. The efficient cause is the fact Constitution. (5a) that gives rise to the legal relation. [7.1] Ways of Repealing Laws [6.2] Kinds of Rights Laws are repealed in two ways: (1) express, or (2) implied. Rights may be classified into civil and political. Political rights An express repeal is that contained in a special provision of are those referring to the participation of persons in the a subsequent law. Implied repeal, on the other hand, takes government of the State; whereas, civil rights include all the place when the provisions of the subsequent law are others. Civil rights may be further classified into the rights of incompatible with those of an earlier law and there is no personality (sometimes called human rights), family rights express repeal. and patrimonial rights. The rights to personality and family [7.2] Example of Express Repeal rights are not subject to waiver; but patrimonial rights can An example of express repeal is that provided for under the generally be waived. Family Code. Article 253 of the Family Code provides that [6.3] Real and Personal Rights, Distinguished “Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book 1 of Patrimonial rights are of two kinds: (1) real right or the power Republic Act No. 386, otherwise known as the Civil Code of belonging to a person over a specific thing, without a passive the Philippines, as amended, and Articles subject individually determined against whom such right may  17, 18, 19, 27, 28, 29, 30, 31, 39, 40, 41 and 42 of I. Applicability of penal laws Presidential Decree No. 603, otherwise known as the Child ARTICLE 14 of the Philippine Civil Code (RA 386 as and Youth Welfare Code, as amended, and all laws, amended). Penal laws and those of public security and decrees, executive orders, proclamations, rules and safety shall be obligatory upon all who live or sojourn in regulations, or parts thereof, inconsistent herewith are Philippine territory, subject to the principles of public hereby repealed.” international law and to treaty stipulations. (8a) [7.3] Implied Repeal [14.1] Family Rights and Duties Implied repeals are not to be favored because they rest only Philippine laws relating to family rights and duties are on the presumption that because the old and the new laws binding upon citizens of the Philippines, even though living are incompatible with each other, there is an intention to abroad.96 For example, Article 68 of the Family Code repeal the old. There must be a plain, unavoidable and provides that “the husband and wife are obliged to live irreconcilable repugnancy between the two; if both laws can together, observe mutual love, respect and fidelity, and by reasonable construction stand together, both will be render mutual help and support.” Suppose, Maria and Jose, sustained. Filipino couple, are residing in Switzerland. Assuming that [7.4] Conflict Between General and Special Laws under Swiss laws, the spouses are not obliged to support When there is a conflict between a general law and a special each other, may Jose refuse to support Maria? ANSWER: statute, the special statute should prevail since it evinces the NO. Since they are Filipino citizens, they are still governed legislative intent more clearly than the general statute. The by the Family Code even though they are living abroad. special law is to be taken as an exception to the general law Under the Family Code, the spouses are obliged to support in the absence of special circumstances forcing a contrary each other. conclusion. This is because implied repeals are not favored [14.2] Status and Condition and as much as possible, effect must be given to all Philippine laws relating to status and condition are binding enactments of the legislature. A special law cannot be upon citizens of the Philippines, even though living abroad. repealed, amended or altered by a subsequent general law [14.3] Legal Capacity by mere implication. Laws relating to legal capacity of persons are binding upon [7.5] Effect of Repeal of Repealing Law citizens of the Philippines, even though living abroad.103 The effect of a repeal of the repealing law shall depend on With respect to aliens, their national law shall govern with whether the previous repeal was express or implied. respect to their legal capacity, following the “nationality [7.6] Constitution principle” embodied in Article 15. The constitution is the fundamental law of the land and all laws must bow before it. Thus, if a law, administrative or executive acts, orders and regulations are inconsistent with the Constitution, they are considered not valid. G. Conflict of laws H. Human relations See Chapter 2  REPUBLIC ACT NO. 386 Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF Constitution. (5a) THE PHILIPPINES ARTICLE 8. Judicial decisions applying or interpreting the laws PRELIMINARY TITLE or the Constitution shall form part of the legal system of the Philippines. (n) CHAPTER 1 ARTICLE 9. No judge or court shall decline to render judgment Effect and Application of Laws by reason of the silence, obscurity or insufficiency of the laws. ARTICLE 1. This Act shall be known as the “Civil Code of the (6) Philippines.” (n) ARTICLE 10. In case of doubt in the interpretation or application ARTICLE 2. Laws shall take effect after fifteen days following of laws, it is presumed that the lawmaking body intended right the completion of their publication either in the Official Gazette and justice to prevail. (n) or in a newspaper of general circulation in the Philippines, ARTICLE 11. Customs which are contrary to law, public order unless it is otherwise provided. or public policy shall not be countenanced. (n) ARTICLE 3. Ignorance of the law excuses no one from ARTICLE 12. A custom must be proved as a fact, according to compliance therewith. (2) the rules of evidence. (n) ARTICLE 4. Laws shall have no retroactive effect, unless the ARTICLE 13. When the laws speak of years, months, days or contrary is provided. (3) nights, it shall be understood that years are of three hundred ARTICLE 5. Acts executed against the provisions of mandatory sixty-five days each; months, of thirty days; days, of twenty-four or prohibitory laws shall be void, except when the law itself hours; and nights from sunset to sunrise. authorizes their validity. (4a) If months are designated by their name, they shall be computed ARTICLE 6. Rights may be waived, unless the waiver is by the number of days which they respectively have. contrary to law, public order, public policy, morals, or good In computing a period, the first day shall be excluded, and the customs, or prejudicial to a third person with a right recognized last day included. (7a) by law. (4a) ARTICLE 14. Penal laws and those of public security and safety ARTICLE 7. Laws are repealed only by subsequent ones, and shall be obligatory upon all who live or sojourn in Philippine their violation or non-observance shall not be excused by territory, subject to the principles of public international law and disuse, or custom or practice to the contrary. to treaty stipulations. (8a) When the courts declare a law to be inconsistent with the ARTICLE 15. Laws relating to family rights and duties, or to the Constitution, the former shall be void and the latter shall govern. status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) ARTICLE 16. Real property as well as personal property is ARTICLE 21. Any person who wilfully causes loss or injury to subject to the law of the country where it is situated. another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of ARTICLE 22. Every person who through an act of performance successional rights and to the intrinsic validity of testamentary by another, or any other means, acquires or comes into provisions, shall be regulated by the national law of the person possession of something at the expense of the latter without just whose succession is under consideration, whatever may be the or legal ground, shall return the same to him. nature of the property and regardless of the country wherein said property may be found. (10a) ARTICLE 23. Even when an act or event causing damage to another‟s property was not due to the fault or negligence of the ARTICLE 17. The forms and solemnities of contracts, wills, and defendant, the latter shall be liable for indemnity if through the other public instruments shall be governed by the laws of the act or event he was benefited. country in which they are executed. ARTICLE 24. In all contractual, property or other relations, When the acts referred to are executed before the diplomatic or when one of the parties is at a disadvantage on account of his consular officials of the Republic of the Philippines in a foreign moral dependence, ignorance, indigence, mental weakness, country, the solemnities established by Philippine laws shall be tender age or other handicap, the courts must be vigilant for his observed in their execution. protection. Prohibitive laws concerning persons, their acts or property, and ARTICLE 25. Thoughtless extravagance in expenses for those which have for their object public order, public policy and pleasure or display during a period of acute public want or good customs shall not be rendered ineffective by laws or emergency may be stopped by order of the courts at the judgments promulgated, or by determinations or conventions instance of any government or private charitable institution. agreed upon in a foreign country. (11a) ARTICLE 26. Every person shall respect the dignity, ARTICLE 18. In matters which are governed by the Code of personality, privacy and peace of mind of his neighbors and Commerce and special laws, their deficiency shall be supplied other persons. The following and similar acts, though they may by the provisions of this Code. (16a) not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: CHAPTER 2 1) Prying into the privacy of another‟s residence; Human Relations (n) 2) Meddling with or disturbing the private life or family relations of another; ARTICLE 19. Every person must, in the exercise of his rights 3) Intriguing to cause another to be alienated from his and in the performance of his duties, act with justice, give friends; everyone his due, and observe honesty and good faith. 4) Vexing or humiliating another on account of his religious ARTICLE 20. Every person who, contrary to law, wilfully or beliefs, lowly station in life, place of birth, physical defect, negligently causes damage to another, shall indemnify the latter or other personal condition. for the same. ARTICLE 27. Any person suffering material or moral loss and liberties of another person shall be liable to the latter for because a public servant or employee refuses or neglects, damages: without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice 1) Freedom of religion; to any disciplinary administrative action that may be taken. 2) Freedom of speech; 3) Freedom to write for the press or to maintain a periodical ARTICLE 28. Unfair competition in agricultural, commercial or publication; industrial enterprises or in labor through the use of force, 4) Freedom from arbitrary or illegal detention; intimidation, deceit, machination or any other unjust, oppressive 5) Freedom of suffrage; or highhanded method shall give rise to a right of action by the 6) The right against deprivation of property without due person who thereby suffers damage. process of law; 7) The right to a just compensation when private property is ARTICLE 29. When the accused in a criminal prosecution is taken for public use; acquitted on the ground that his guilt has not been proved 8) The right to the equal protection of the laws; beyond reasonable doubt, a civil action for damages for the 9) The right to be secure in one‟s person, house, papers, same act or omission may be instituted. Such action requires and effects against unreasonable searches and seizures; only a preponderance of evidence. Upon motion of the 10) The liberty of abode and of changing the same; defendant, the court may require the plaintiff to file a bond to 11) The privacy of communication and correspondence; cd answer for damages in case the complaint should be found to 12) The right to become a member of associations or be malicious. societies for purposes not contrary to law; 13) The right to take part in a peaceable assembly to petition If in a criminal case the judgment of acquittal is based upon the Government for redress of grievances; reasonable doubt, the court shall so declare. In the absence of 14) The right to be free from involuntary servitude in any any declaration to that effect, it may be inferred from the text of form; the decision whether or not the acquittal is due to that ground. 15) The right of the accused against excessive bail; ARTICLE 30. When a separate civil action is brought to demand 16) The right of the accused to be heard by himself and civil liability arising from a criminal offense, and no criminal counsel, to be informed of the nature and cause of the proceedings are instituted during the pendency of the civil case, accusation against him, to have a speedy and public trial, a preponderance of evidence shall likewise be sufficient to to meet the witnesses face to face, and to have prove the act complained of. compulsory process to secure the attendance of witness in his behalf; ARTICLE 31. When the civil action is based on an obligation not 17) Freedom from being compelled to be a witness against arising from the act or omission complained of as a felony, such one‟s self, or from being forced to confess guilt, or from civil action may proceed independently of the criminal being induced by a promise of immunity or reward to proceedings and regardless of the result of the latter. make such confession, except when the person confessing becomes a State witness; ARTICLE 32. Any public officer or employee, or any private 18) Freedom from excessive fines, or cruel and unusual individual, who directly or indirectly obstructs, defeats, violates punishment, unless the same is imposed or inflicted in or in any manner impedes or impairs any of the following rights  accordance with a statute which has not been judicially attorney refuses or fails to institute criminal proceedings, the declared unconstitutional; and complainant may bring a civil action for damages against the 19) Freedom of access to the courts. alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant‟s motion, the In any of the cases referred to in this article, whether or not the court may require the plaintiff to file a bond to indemnify the defendant‟s act or omission constitutes a criminal offense, the defendant in case the complaint should be found to be aggrieved party has a right to commence an entirely separate malicious. and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal If during the pendency of the civil action, an information should prosecution (if the latter be instituted), and may be proved by a be presented by the prosecuting attorney, the civil action shall preponderance of evidence. be suspended until the termination of the criminal proceedings. The indemnity shall include moral damages. Exemplary ARTICLE 36. Pre-judicial questions, which must be decided damages may also be adjudicated. before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme The responsibility herein set forth is not demandable from a Court shall promulgate and which shall not be in conflict with the judge unless his act or omission constitutes a violation of the provisions of this Code. Penal Code or other penal statute. ARTICLE 33. 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. ARTICLE 34. 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 subsidiarity responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. ARTICLE 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting CASE DIGEST Held: Tanada vs Tuvera, GR 63915, December 29,1986 The Supreme Court ruled that only some of the issuances should be published. Facts: In interpreting Art. 2 of the Civil Code, which provides  The petitioners filed the case questioning the several that Laws shall take effect after fifteen days following the Presidential Decrees, Letters of Instructions, General completion of their publication in the Official Gazette, unless it is Orders, Proclamations, Executive Orders, Letter of otherwise provided x x x. The Supreme Court explained that the Implementation and Administrative Orders of the publication of all presidential issuances "of a public nature" or President Ferdinand Marcos. "of general applicability" is mandated by law. Obviously,  Petitioners herein are seeking a writ of mandamus to presidential decrees that provide for fines, forfeitures or compel public officials to publish and/or cause the penalties for their violation or otherwise impose a burden or. the publication in the Official Gazette of various presidential people, such as tax and revenue measures, fall within this decrees, letters of instructions, general orders, category. Other presidential issuances which apply only to proclamations, executive orders, letters of particular persons or class of persons such as administrative implementation, and administrative orders. Respondents, and executive orders need not be published on the assumption on the other hand, claimed that this case has no legal that they have been circularized to all concerned. personality or standing. Further, they argued that the publication in the Official Gazette in necessary for the Doctrine: effectivity of the law where the law themselves provides for their own effectivity dates. In interpreting Art. 2 of the Civil Code, which provides  Writ of Mandamus - A remedy that can be used to that Laws shall take effect after fifteen days following the compel lower court to perform an act that is ministerial in completion of their publication in the Official Gazette, unless it is nature and that the court has a clear duty to do under otherwise provided x x x. The Supreme Court explained that the law. publication of all presidential issuances "of a public nature" or  According to the petitioner, the right of the people to be "of general applicability" is mandated by law. Obviously, informed was violated because these issuances were not presidential decrees that provide for fines, forfeitures or published prior to its effectivity thereby violating Section penalties for their violation or otherwise impose a burden or. the 6, Art. IV of the 1973 Constitution. Thus, the petitioners people, such as tax and revenue measures, fall within this pray for the Court to order the publication of the category. Other presidential issuances which apply only to issuances in question. particular persons or class of persons such as administrative  The respondents countered the petition by alleging that and executive orders need not be published on the assumption the petitioners do not have the legal personality to sue. that they have been circularized to all concerned. Issues Ratio: Dispositive:  Whether the issuances should be published prior to its WHEREFORE, the Court hereby orders respondents to effectivity. publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so  One year and a half year later, Morada was again published, they shall have no binding force and effect. ordered to see SAUDIA‟s Chief Legal Officer. Instead, she was brought to a Saudi court where she was asked Ratio Decidendi: to sign a blank document, which turned out to be a notice to her to appear in court. Monada returned to Manila. Publication in the Official Gazette is necessary in those  The next time she was escorted by SAUDIA‟s legal cases where the legislation itself does not provide for its officer to court, the judge rendered a decision against her effectivity date, for then the date of publication is material for sentencing her to five months imprisonment and to 286 determining the date of the effectivity which must be 15 days lashes. Apparently, she was tried by the court which following the completion of its publication, but not when the law found her guilty of (1) adultery; (2) going to a disco, itself provides for the date when it goes to effect. Publication of dancing and listening to the music in violation of Islamic laws is part of substantive due process laws; and (3) socializing with the male crew, in contravention of Islamic tradition.  After denial by SAUDIA, Morada sought help from Saudi Arabian Airlines v. Court of Appeals Philippine Embassy during the appeal. Prince of Makkah dismissed the case against her. SAUDIA fired her without Facts: notice.  Saudi Arabian Airlines (SAUDIA) hired Milagros Morada  Morada filed a complaint for damages against SAUDIA, as a Flight Attendant for its airlines based in Jeddah, with the RTC of QC. SAUDIA filed Omnibus Motion to Saudi Arabia. While on a lay-over in Jakarta, Morada Dismiss which raised the ground that the court has no went to a disco with fellow crew members Thamer & jurisdiction, among others which was denied Allah, both Saudi nationals. Because it was almost Issue: Whether RTC of QC has jurisdiction to hear and try the morning when they returned to their hotels, they agreed case to have breakfast together at the room of Thamer. In which Allah left on some pretext. Thamer attempted to Held: rape Morada but she was rescued by hotel personnel when they heard her cries for help. Indonesian police YES. The RTC of QC has jurisdiction and Philippine law came and arrested Thamer and Allah, the latter as an should govern. Its jurisdiction has basis on Sec. 1 of RA 7691 accomplice. and Rules of Court on venue. Pragmatic considerations,  Morada refused to cooperate when SAUDIA‟s Legal including the convenience of the parties, also weigh heavily in Officer and its base manager tried to negotiate the favor of the RTC QC assuming jurisdiction. Paramount is the immediate release of the detained crew members with private interest of the litigant. Weighing the relative claims of the Jakarta police. parties, the court a quo found it best to hear the case in the  Through the intercession of Saudi Arabian government, Philippines. Had it refused to take cognizance of the case, it Thamer and Allah were deported and, eventually, again would be forcing Morada to seek remedial action elsewhere, i.e. put in service by SAUDIA. But Morada was transferred to in the Kingdom of Saudi Arabia where she no longer maintains Manila. substantial connections. That would have caused a fundamental unfairness to her. By filing a complaint, Morada has voluntarily submitted to the Ruling: No, the respondents failed to prove the damages so jurisdiction of the court. By filing several motions and praying for claimed. Operation of private pay hospitals and medical clinics reliefs (such as dismissal), SAUDIA has effectively submitted to is impressed with public interest and imbued with a heavy social the trial court‟s jurisdiction. responsibility; but the hospital is also a business. Thus, it has alright to institute all measures of efficiency to ensure its economic viability and survival. In the institution of cost-cutting measures, the hospital has a right to reduce the facilities and Manila Doctors Hospital v. So Un Chua, et. al.G.R. No. services that are deemed to be non-essential, such that their 150355 - July 31, 2006 reduction or removal would not be detrimental to the medical Facts: condition of the patient. Contrary to the self-serving assertions of respondents, evidence in the record overwhelmingly Respondent Chua, the mother of respondent Vicky Ty, was demonstrates that respondent Chua had been adequately admitted in Manila Doctors Hospital for hypertension and attended to. The Court finds that the facilities in question are diabetes. Judith Chua, the sister of Vicky, had been likewise non-essential for the care of respondent Chua and, hence, they confined for injuries suffered in a vehicular accident. Partial may be lessened or removed by the petitioner for the sake of payments amounting to P435,000 for the hospital bills were economic necessity and survival. A hospital, especially if it is a made. Later on, Judith was discharged, but respondent private pay hospital, is entitled to be compensated for its remained in confinement. The hospital bills for both patients services. When a hospital treats a patient's injuries, it has an accumulated, so Manila Doctors pressured respondent, through enforceable claim for full payment for its services, regardless of its Credit and Collection Department, to settle the unpaid bills. the patient's financial status. Respondent represented that she will settle the bills as soon as the funds become available. Vicky also pleaded to the management that in view of the physical condition of her University Of The East Vs. Romeo A. Jader mother, the correspondences relating to the settlement of the bills should be relayed to the hospital, but the latter refused to G.R. No. 132344, February 17, 2000 do so. Manila Doctors threatened to implement unpleasant measures unless Vicky would undertake the obligation of her Facts: mother and her sister to pay the hospital expenses. Later on, Manila Doctors employed unlawful measures which worsened Romeo Jader graduated at UE College of law from 1984- respondent‟s condition such as (i) cutting off the telephone line 19988. During his last year, 1st semester, he failed to take the in her room and removing the air-conditioning unit, television regular final examination in Practical Court 1where he was given set, and refrigerator, (ii) refusing to render medical attendance an incomplete grade remarks. He filed an application for and to change the hospital gown and bed sheets, and (iii) removal of the incomplete grade given by Prof. Carlos Ortega barring the private nurses or midwives from assisting the on February 1, 1988 which was approved by Dean Celedonio patient. Respondents thus prayed for the award of moral Tiongson after the payment of required fees. He took the exam damages, exemplary damages, and attorney's fees. on March 28, 1988 and on May 30, 1988 the professor gave him a grade of 5.The commencement exercise of UE College of law Issue: Whether or not petitioner should be held liable for the was held April 16, 1988, 3PM. In the invitation, his name damages appeared. In preparation for the bar exam, he took a leave of absence from work from April 20- Sept 30, 1988. He had his attorney's fees; and the costs of the suit. The award of moral pre-bar class review in FEU. Upon learning of such deficiency, damages is deleted. he dropped his review classes and was not able to take the bar exam. Jader sued UE for damages resulting to moral shock, Principles: mental anguish, and serious anxiety, besmirched reputation, Considering further, that the institution of learning involved wounded feelings, and sleepless nights when he was not able to herein is a university which is engaged in legal education, it take the 1988 bar examinations due to UE„s negligence. should have practiced what it inculcates in its students, more Issue: specifically the principle of good dealings enshrined in Articles 19 and 20 of the Civil Whether UE should be held liable for misleading a student into believing JADER satisfied all the requirements for graduation Code which states: when such is not the case. Can he claim moral damages? Art. 19. Every person must, in the exercise of his rights and in Ruling: the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Supreme Court held that petitioner was guilty of negligence and this liable to respondent for the latter„s actual damages. Art. 20. Every person who, contrary to law, wilfully or negligently Educational institutions are duty-bound to inform the students of causes damage to another, shall indemnify the latter for the their academic status and not wait for the latter to inquire from same. the former. However, respondent should not have been Article 19 was intended to expand the concept of torts by awarded moral damages though JADER suffered shock, granting adequate legal remedy for the untold number of moral trauma, and pain when he was informed that he could not wrongs which is impossible for human foresight to provide graduate and will not be allowed to take the bar examinations as specifically in statutory law. In civilized society, men must be what Court of Appeals held because it„s also respondent„s duty able to... assume that others will do them no intended injury that to verify for himself whether he has completed all necessary others will commit no internal aggressions upon them; that their requirements to be eligible for the bar examinations. As a senior fellowmen, when they act affirmatively will do so with due care law student, he should have been responsible in ensuring that which the ordinary understanding and moral sense of the all his affairs specifically those in relation with his academic community exacts and that those with... whom they deal in the achievement are in order. Before taking the bar examinations, it general course of society will act in good faith. The ultimate doesn„t only entail a mental preparation on the subjects but thing in the theory of liability is justifiable reliance under there are other prerequisites such as documentation and conditions of civilized society. Schools and professors cannot submission of requirements which prospective examinee must just take students for granted and be indifferent to them, for meet. Wherefore, the assailed decision of the Court of Appeals without the latter, the former are useless. is affirmed with modification. Petitioner is ordered to pay respondent the sum of Thirty-five Thousand Four Hundred Petitioner cannot pass on its blame to the professors to justify Seventy Pesos (P35,470.00), with legal interest of 6% per its own negligence that led to the delayed relay of information to annum computed from the date of filing of the complaint until respondent. When one of two innocent parties must suffer, he fully paid; the amount of Five Thousand Pesos (P5,000.00) as through whose agency the loss occurred must bear it. The... modern tendency is to grant indemnity for damages in cases where there is abuse of right, even when the act is not illicit. Issue: If mere fault or negligence in one's acts can make him liable for damages for injury caused thereby, with more reason should... Was the compromise agreement valid even without the approval abuse or bad faith make him liable. A person should be of the court? protected only when he acts in the legitimate exercise of his Ruling: right, that is, when he acts with prudence and in good faith, but not when he acts with negligence or abuse Yes. A compromise agreement is defined by Article 2028 of the Civil Code as a contract whereby the parties avoid litigation or end one that has already been commenced by Sanchez et al. v. CA making reciprocal concessions. Since it is a consensual contract, it is perfected upon the meeting of the minds of the G.R. No. 108947, September 29, 1997 parties, and judicial approval is not needed for its perfection. The parties clearly knowingly entered into the contract, it having Rolando Sanchez, Florida Mierly Sanchez, Alfredo T. been si