PFR La Chica Notes Table of Contents PDF

PFR La Chica Notes Section 7: Liquidation of the Conjugal Partnership Asset and Liabilities......128...

PFR La Chica Notes Section 7: Liquidation of the Conjugal Partnership Asset and Liabilities......128 Chapter 5. Separation of Property of the Spouses and Administration of Common Property by 1 Spouse during the marriage.......................................................... 129 Table of Contents Chapter 6: Regime of Separation of Property......................................................131 Chapter 7: Property Regime of Unions Without Marriage................................... 132 Preliminary Title: Effect and Application of Laws......................................................2 Title V. THE FAMILY...................................................................................................133 Chapter 2. Human Relations................................................................................. 18 Chapter 1. The Family as an Institution............................................................... 133 TITLE I. CIVIL PERSONALITY.................................................................................... 30 Chapter 2: The Family Home...............................................................................135 Chapter 1. General Provisions...............................................................................30 Title VI: Paternity and Filiation.................................................................................137 Chapter 2. Natural Persons................................................................................... 33 Chapter 1. Legitimate Children............................................................................ 137 Chapter 3. Juridical Persons..................................................................................35 Chapter 2. Proof of Filiation................................................................................. 142 TITLE II: CITIZENSHIP AND DOMICILE..................................................................... 37 Chapter 3. Illegitimate Children........................................................................... 145 Family Code of the Philippines..................................................................................39 Chapter 4. Legitimated Children.......................................................................... 146 TITLE I. MARRIAGE.................................................................................................... 39 TITLE VII. ADOPTION................................................................................................147 Chapter 1. Requisites of Marriage......................................................................... 39 FOUNDLING RECOGNITION AND PROTECTION ACT (R.A. No. 11767). 160 Chapter 2. Marriages Exempt from License Requirement.....................................56 TITLE IX. PARENTAL AUTHORITY...........................................................................160 Chapter 3. Void and Voidable Marriages............................................................... 58 Chapter 2. Substitute and Special Parental Authority.......................................... 168 Void and Declaration of Nullity...............................................................................58 Chapter 3. Effects of Parental Authority Upon the Persons of the Children........ 170 ANNULMENT........................................................................................................ 73 Chapter 4. Effect of Parental Authority Upon the Property of the Children..........173 Title II. Legal Separation.............................................................................................88 Chapter 5. Suspension or Termination of Parental Authority...............................175 Title III: Rights and Obligations............................................................................... 100 TITLE VIII. SUPPORT................................................................................................ 178 Rights and Obligations Between Husband and Wife........................................... 100 Title IV: Property Relations between Husband and Wife.......................................103 Chapter 1. General Provisions.............................................................................103 Chapter 2: Donations by Reason of Marriage..................................................... 106 CHAPTER 3. SYSTEM OF ABSOLUTE COMMUNITY.......................................110 Section 2. What Constitutes Community Property........................................ 111 Section 3. Charges and Obligations of the Absolute Community................. 113 Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community Property..................................................................................... 116 Section 5. Dissolution of Absolute Community Regime................................118 Section 6. Liquidation of the Absolute Community Assets and Liabilities.....119 CHAPTER 4: CONJUGAL PARTNERSHIP OF GAINS (CPG)........................... 120 Section 2. Exclusive Property of Each Spouse............................................ 121 Section 3. Conjugal Partnership Property.................................................... 123 Section 4. Charges Upon and Obligations of the Conjugal Partnership.......126 Section 5. Administration of the Conjugal Partnership Property...................127 Section 6. Dissolution of Conjugal Partnership Regime............................... 127 La Chica Notes PFR Rabuya | p. 1  Preliminary Title: Effect and 15th day 16th day Application of Laws If the law declares “15 days after its publication” If the law declares “after 15 days following its publication” - It means its effectivity is on the - If the law is silent, this is the 15th day after such publication one followed. Civil Code: provides rules governing the relationship between and among men, women, juridical entities, and government. Exclude the first day and include the last day. Article 1. This Act shall be known as the Civil Code of the Philippines If a law is silent to its effectivity, it shall have effect after 15 day period of its publication (i.e. 16th day) This will enable people to become familiar with the law and afford them due Code → A collection of laws of the same kind; body of legal provisions process Publication must be in full since it is to inform the public however it can be in Civil Code → A collection of laws which regulate the private relations of the members Official Gazette or newspaper. After this, people are deemed notified even if of civil society, determining their respective rights and obligations, with reference to they didn't read it. persons, things, and civil acts. Publication Requirement is indispensable. Sources of Civil Code: In Tanada v Tuvera, the Court ruled that Art 2 of the Civil Code does not preclude the 1) Spanish Civil Code of 1889 requirement of publication in the Official Gazette even if the law provides a date of 2) Codes, laws, and judicial decisions, and work of jurists of other countries effectivity. 3) Doctrines laid down by the SC 4) Filipino customs and traditions Purpose: The objective of the law is to give the general public adequate notice of the 5) Philippine Statutes laws which are to regulate their actions and conduct 6) Code Commission The publication must be in full since its purpose is to inform the public of the contents of the law First Civil Code: “Civil Code of Spain of 1889” Effectivity of Civil Code: August 30, 1950 “Unless otherwise provided” refers to the 15-day period When the law provides a different date for effectivity, then it will follow that. Even if it takes effect immediately after publication, it will still be considered Article 2. Laws shall take effect after 15 days following the completion of their valid. publication in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. This Code shall take effect The publication shall be made in either the Official Gazette or in a newspaper of after 1 year after publication. general circulation. EO 200 under Pres. Cory amended article 2 to: "Laws shall take effect after Generally, a law may provide for its own effectivity. 15 days following the completion of their publication either in the Official However, if the law is silent as to its effectivity, then it shall take effect only after 15 Gazette or in a newspaper of general circulation in the Philippines, unless days after its publication. otherwise provided" This is due to the erratic release and limited readership of Official Gazette, Computation of the 15-day period and it was decided that the newspapers of general circulation could better It depends on the language used by Congress in fixing the effectivity date of statute: communicate the laws to the people La Chica Notes PFR Rabuya | p. 2 Newspaper of general circulation → The newspaper is published for the full and in the Official Gazette. dissemination of local news and general information, that has a bona fide subscription list of paying subscribers, and that it is published at regular intervals. SC ruled that the publication in the Official Gazette is an indispensable requirement NOTE: It is not “newspaper with LARGEST circulation”; general circulation is for effectivity of law. The fact that a presidential decree or letter of intent states its sufficient. date of effectivity does not preclude their publication in the Official Gazette, as they constitute important legislative acts. The publication of presidential issuances “of Different types of laws: public nature” or “of general applicability” is a requirement of due process. Before a person may be bound by law, he must first be officially informed of its contents. Covered by Publication requirement Does not need to be published Presidential Decree and Exec Orders Interpretative Regulations, regulating only La Bugal-B’Laan Tribal Association, Inc. v. Ramos Mandatory and prohibitory laws personnel of administrative agency GR No. 127882 | January 27, 2004 (internal) Admin Rules and regulations if the Letters of Instruction/ guidelines Doctrine: Where a law provides for its own date of effectivity, such date prevails purpose is to enforce/ implement over that prescribed by E.O. No. 200. The phrase "unless it is otherwise provided" applies only when a statute does not provide for its own date of effectivity. existing laws Charter of a city Municipal Ordinances (not covered by this Summary: Ramos entered into a Financial and Technical Assistance Agreement particular article) (FTAA) with WMCP, Inc., covering 99k hectares of land by virtue of EO 279. EO 279 was signed into law on July 25, 1987. It authorized the DENR Secretary to evaluate Monetary Board Circulars if they are Supreme Court decisions and approve foreign proposals for mineral exploration. Petitioners contend that EO 279 did not take effect because its supposed date of effectivity came after Cory not merely to interpret, but to "fill in the Aquino had already lost her legislative powers under the Constitution. That the details" of the Central Bank Act provision “shall take effect immediately” runs counter Sec. 1 of EO 200. It should take effect only 15 days after its publication. SC ruled that E.O. No. 279 became Decisions or abstracts of decisions of effective immediately upon its publication in the Official Gazette on August 3, 1987. the SC and the CA, or other courts of The Court explained that there is nothing stated that prevents a law from taking similar rank, as may be deemed by effect on a date other than — even before — the 15-day period after its publication. said courts of sufficient importance to Where a law provides for its own date of effectivity, such date prevails over the “otherwise provided” in EO 200. Hence, EO 279 is an effective statute. be so published La Bugal Balaan - better ruling Tanada v Tuvera 146 SCRA 446 | April 24, 1985 Article 3. Ignorance of the law excuses no one from compliance therewith. Doctrine: The clause “unless it is otherwise provided” refers to the date of effectivity and not to the requirement of publication itself, which cannot, in any event, be omitted. Presumption of knowledge of laws is conclusive Actual notice is not required since constructive notice is sufficient. Facts: Petitioners, Tanada, Sarmiento, and MABINI, seek a writ of mandamus, The public is always put on constructive notice of the law's existence and compelling respondent public officials to publish in the Official Gazette of various effectivity through its publication. PD, letters of instruction, general orders, proclamations, EO, letter of implementation, and AO. They argued that for laws to be valid and enforceable, This is a necessary consequence of the publication requirement they must be published in the Official Gazette. Respondents contend that issuances The conclusive presumption that every person knows the law presupposes that the law intended only for the internal administration of a government agency or of particular persons do not have to be published; that publication, when necessary, must be in has been published if the presumption is to have any legal justification at all. La Chica Notes PFR Rabuya | p. 3  Notice and Publication are the basis of the maxim “ignorantia legis non presume that the foreign law is the same as our local or internal law. excusat” It would be the height of injustice to punish or burden a citizen for the Summary: Bank of America granted loans to 3 corporate borrowers. The Bank and transgression of a law of which he had no notice of. borrowers entered into restructuring agreements with a 3rd party mortgagor. The borrowers failed to pay the restructured loans. The Bank filed collection suits before Laws covered by Art 3: All kinds of domestic law (but limited to mandatory and foreign courts for collection of the loan. Then, they filed an extrajudicial foreclosure prohibitory laws) of REM before the Sheriff of Bulacan. Petitioner used “payment of debt” and “foreclosure of mortgages” as remedies when it’s not allowed under Philippine laws since remedies available to creditors are alternative. Bank alleges that under Laws not covered by Art 3: Foreign laws English Law, the mortgagee does not lose its security interest by simply filing civil There’s no conclusive presumption of knowledge of foreign laws actions for sums of money. Under the doctrine of processual presumption, EXC: Doctrine of Processual Presumption foreign law must be properly pleaded and proved as a fact. Since it was not proven ○ A foreign law must be properly pleaded and proved as a fact during the proceedings, Philippine courts presumed that foreign law was the same as our local or internal law. Ignorance of law v Ignorance of fact Ignorance of Law Ignorance of Fact Article 4. Laws shall have no retroactive effect, unless the contrary is provided. Shall not excuse a party from the legal May excuse a party from the legal consequences of it consequences of his conduct GR: Laws shall have prospective effect EXCP: Retroactive effect may be given if [LPPCS] Imelda Marbella-Bobis v Isagani Bobis 1) The law itself provides for retroactivity G.R. No. 138509| July 31, 2000 2) Penal laws are favorable to the accused Doctrine: Legality of marriage is a matter of law and every person is presumed to 3) The law is procedural know the law. 4) When the law is curative 5) When the law creates new substantive rights SUMMARY: Isagani contracted a first marriage with Maria Javier. Then, respondent contracted a second marriage with the petitioner, Imelda Marbella-Bobis. Then, a EXCP to EXCP: the retroactivity provided will not be given effect when: third marriage with Julia Hernandez. Petitioner filed a complaint of bigamy against 1. Retroactivity of a penal statute will make it an ex post facto law respondent to the RTC. Respondent, on the other hand, sought a declaration of 2. Retroactive effect of the statute will result in impairment of obligation of absolute nullity of the first marriage, as it was celebrated without a marriage license. contracts Thus, this led Isagani to file a motion to suspend the proceedings in the case filed against him by the petitioner. SC ruled that the ignorance of the necessary —-----------------xx—--------- requirement of Judicial Declaration of the Nullity of marriage could not be invoked as an excuse. Contracting of a marriage with the knowledge that the requirements Retroactive Law → Intend to affect transactions which occurred before the law became of law have not been complied with is a legal impediment that is penalized by the operative, and which ascribes to them effects not inherent in their nature, in view of the RPC. law in force at the time of their occurrence. Retroactive effect → extending the scope of the law to matters that have occurred in Bank of America, NT & SA v. American Realty Corp. the past GR No. 133876 | December 29, 1999 Doctrine: Processual presumption: foreign law must be properly pleaded and Why is there a prohibition against it? proved as a fact. If it is not proven during the proceedings, Philippine courts will The law that has not yet become effective (i.e. published) cannot be considered conclusively known by the people. La Chica Notes PFR Rabuya | p. 4  Only laws existing at the time of execution of contracts are applicable to it. EXCEPTION TO THE GENERAL RULE 1. Penal Laws favorable to the Accused GR: Congress is prohibited from passing laws that will impair the obligation of Penal laws shall have retroactive effect insofar as they favor the person guilty, who is contracts. not a habitual delinquent, although at the time of the publication of the law a final EXCP: A law enacted in the exercise of police power to regulate certain activities could sentence has been pronounced and the convict is serving the same. be given retroactive effect and may reasonably impair vested rights or contracts HENCE, police power legislation is applicable to future contracts and 2. Procedural or Remedial Laws already-existing contracts. Statutes relating remedies or modes of procedure, which do not create a new or take Non-impairment of contracts clauses will have to yield to the superior exercise away vested right, are exempted from prohibition of retroactive law. by the State of police power. Remedial laws which only operate in furtherance of the remedy of rights already existing. Ortigas v CA: When a law is enacted under police power, it can be applied Remedial statutes will be applicable to actions pending and undetermined retroactively since it pursues the promotion of peace, order, and the pursuit of general at the time of the law’s passage. welfare. Rationale: As a general rule, no vested right may attach nor arise from procedural laws. Quiao v. Quiao GR No. 176556 |July 4, 2012 3. Curative Laws Curative statute → enacted to cure defects in a prior law or to validate legal Doctrine: Article 256 of the Family Code which prohibits retroactive application of proceedings, instruments, or acts of authorities which would otherwise be void. the Family Code when it will prejudice a person's vested right. They’re to supply defects and abridge superfluities. Their purpose is to give validity to acts done that would have been invalid under existing laws. Summary: Rita filed for legal separation against Brigido. Except for Letecia, the 3 By their essence, they are retroactive. minor children all surnamed Quiao are under the custody of Rita. All the spouse’s properties are divided; however, Brigido’s share of the net profits earned by the conjugal partnership is forfeited in favor of common children. Brigido argued that When a statute deals with procedure only, it applies to: pending and future actions. since the property relations between the spouses is governed by CPG, he acquired vested rights over half the properties pursuant to Art 143 of the Civil Code. He EXCEPTION TO THE EXCEPTION RULE insisted the Family Code may deprive him of his vested right. Ex-Post facto law → A law that would make a previous act criminal although it was not so at the time it was committed. SC ruled that to be vested, a right must have become a title—legal or equitable—to Under Sec. 22, Art 3, Congress is prohibited from enacting ex post facto laws. the present or future enjoyment of property. In this case, even if one may not be deprived of his “vested right”, he may lose if there’s due process and the deprivation is founded in law. His claim of a vested right has no basis considering that under To be an ex-post facto law, it must: Article 176 of the Civil Code, his share of the conjugal partnership profits may be 1) Refer to criminal matters forfeited if he is the guilty party in a legal separation case 2) Be retroactive in its application; and 3) Prejudicial to the accused. Non-impairment of Contracts Article 5. Acts executed against the provisions of mandatory or prohibitory Under Sec 10, Art 3: Congress is prohibited from passing laws that will impair laws shall be void, except when the law itself authorizes their validity. the obligation of contracts. A law impairs obligation of contract if it has retroactive application as to affect existing contracts before its enactment. Definitions: La Chica Notes PFR Rabuya | p. 5  Mandatory Laws Something required to be done and not because it contains words of positive prohibition and is couched in negative terms optional. You can find it when it states "shall", importing that the act required shall not be done otherwise than designated. On the "must", etc. other hand, Art. 338, provides "the following may be adopted: (3) a step- child, by the step-father or step-mother", which is merely directory, and which can only be Prohibitory laws Law commands that something should not be given operation if the same does not conflict with the mandatory provisions of Art. done. You can find it when it states "shall not", 335. "must not, etc. Permissive Laws Merely a suggestion of what permits to be Article 6. Rights may be waived, unless the waiver is contrary to law, public done. policy, morals or good customs, or prejudicial to a third person with a right recognized by law. GR: Acts against mandatory or prohibitory laws are void. EXCP: Elements of Rights 1) When the law authorizes its validity (ex. Lotto and sweepstakes) 1) Subject - active subject (entitled to demand the enforcement of right) and 2) When the law makes the act valid, but punishes the violator passive subject (one duty-bound to suffer its enforcement) 3) Where the law merely makes the act voidable (valid unless annulled) 2) Object - things and services 4) Where the law declares the act void, but recognizes legal effects as 3) Efficient cause - the fact that gives rise to the legal relation. arising from it. (ex. Children born in void marriages are considered legitimate) Kinds of Rights: civil and political Rights to personality and family rights are not subject to waiver If the law expressly provides validity of acts in violation of mandatory or prohibitory provisions, the act shall be considered valid and enforceable. Types of patrimonial rights: 1. Real right - power belonging to a person over a specific thing; it is enforceable against the whole world. Brem v Republic 2. Personal right - power belonging to one person to demand another person the G.R. No. L-18566 | 1963 fulfillment of a prestation to give, to do or not to; can be particularly enforced Doctrine:. It’a mandatory if it contains words of positive prohibition and is couched in negative terms importing that the act required shall not be done otherwise than Patrimonial rights are generally waivable. designated. Waiver → Relinquishment of a known right with both knowledge of (1) its existence, Summary: Gilbert R. Brehm, an American citizen serving the U.S. Navy in Subic (2) knowledge of right, and (3) an intention to relinquish it. (Castro v Del Rosario) Bay, married Ester Mira, a Filipina citizen, who had a daughter (Elizabeth) with another man, to which the couple established a residence in Intramuros, Manila. To be validly waived: The right must be in existence at the time of the waiver, must be The spouses filed a Joint Petition for the adoption of the minor Elizabeth Mira. The Republic of the Philippines opposed the spouses petition, since Brehms only exercised by a capacitated person, and the person must have the knowledge of the temporarily resides in the Philippines during his tour of duty with the Navy, right. disqualifying him from making an adoption under Article 335 of the Civil Code The It can't be waived if the person is ignorant of the material fact of the waiver petitioner replied claiming that Article 335 of the Civil Code does not apply to him. and if the consent given was under a mistake of a fact. Since there is already an existing relation between him and the child, Article 338 of the New Civil Code authorizes the adoption of a step-child by a step-father. Requisites to validly renounce a right: [PCCN] SC ruled that Brehm is not allowed to adopt Elizabeth. Art. 335 clearly states that 1) He must possess the right which he renounces; "The following cannot adopt:... (4) Non-resident aliens". It is, therefore, mandatory 2) The capacity to make the renunciation La Chica Notes PFR Rabuya | p. 6  3) Renunciation be made in clear and unequivocal manner Summary: Private respondent Rodolfo Salas alias “Commander Bilog” raised 4) The waiver must not be contrary to law publicly and took arms throughout the country against the Government of the Republic of the Philippines for the purpose of overthrowing the present Government. Information was filed. After the filing of Information, a separate Petition for habeas Waivers are not to be presumed but must be clearly and convincingly shown through corpus (separate case: GR No. 76009) for private respondent Salas was filed with express stipulation or acts that can't be taken to mean otherwise. the SC, but was dismissed. There was an agreement between the parties under which the private respondent “will remain in legal custody”. The warrants for the arrest of his co-accused are deemed recalled and they shall be immediately EXCEPTION: Waivers can't be made if they are contrary to law, public order, public released but shall submit themselves to the court having jurisdiction over their policy, moral, good customs, or prejudicial to a 3rd person [LOP-MGcP] person. Rights, protection, and advantages by a statute can be waived; however, where the object of the statute is to promote great public interest and liberty, it SC ruled that while Rebellion is a bailable offense under Executive Order No. 187, can't be defeated by private conditions. Private respondent has unfortunately waived his right to bail in GR No. 76009. Having agreed in the previous case to remain in legal custody, private respondent had unequivocally waived his right to bail. The SC ruled that private respondent’s F.F. Cruz & Co v HR Construction waiver is valid under Article 6 of the Civil Code. “The right to bail is another of (G.R. No. 187521) the constitutional rights which can be waived. It is a right which is personal to the accused and whose waiver would not be contrary to law, public order, public policy, Summary: FCCI entered into a contract with DPWH for a construction project, and morals, or good customs, or prejudicial to a third person with a right recognized by then a subcontract with HRCC for the materials and labor for a portion of the law.” project. Agreements were made and HRCC commenced their construction work. Pursuant to Subcontract Agreement. On the first progress billing, HRCC was paid. On the 2nd they were not. On the 3rd, FCCI delayed the payment. The 4th payment Guy v CA was paid months later. HRCC halts construction and files a complaint to the (G.R. No. 163707| Sept 15, 2016) Construction Industry Arbitration Commission (CIAC) praying for the payment of FFCCI’s obligation. They ruled in favor of HRCC saying that their continued Doctrine: To be valid and effective, a waiver must be couched in clear and non-requirement of the terms in their subcontract constitutes a waiver of rights. unequivocal terms which leave no doubt as to the intention of a party to give up a right or benefit which legally pertains to him. A waiver may not be attributed to a SC ruled that the Doctrine of waiver extends to rights and privileges of any person when its terms do not explicitly and clearly evince an intent to abandon a character. It is the general rule that a person may waive any matter which affects right. his property, and any alienable right or privilege of which he is the owner or which belongs to him or to which he is legally entitled, whether secured by contract Summary: Respondent-minors Karen and Kamille Oanes Wei, represented by their provided such rights and privileges rest in the individual, are intended for his sole mother Remedios Oanes, filed a petition for letters of administration. Respondents benefit, do not infringe on the rights of others, and further provided the waiver of the alleged that they are the duly acknowledged illegitimate children of Sima Wei, who right or privilege is not forbidden by law, and does not contravene public policy died intestate in Makati, leaving an estate valued at P10 Million consisting of real FFCCI's voluntary payment in favor of HRCC is a Waiver. FFCCI's failure to and personal properties. His known heirs are his surviving spouse Shirley Guy and demand a joint measurement of HRCC's completed works reasonably justified children. Petitioner and his co-heirs alleged that respondents' claim had been paid, the implication that it had already relinquished its right to do so. FFCCI did not waived, abandoned or otherwise extinguished by reason of Remedios' June 7, contest the progress billing despite the lack of a joint measurement. 1993 Release and Waiver of Claim. It states that in exchange for the financial and educational assistance received from petitioner, Remedios and her minor children discharge the estate of Sima Wei from any and all liabilities. People v Donato SC ruled that the Release and Waiver did not preclude the respondents from GR No. 79269 | June 5, 1991 claiming their successional rights. The Release and Waiver of Remedios did not specifically mention private respondents' hereditary share in the estate of Sima Wei, Doctrine: Right to bail is a constitutional right that can be waived. it cannot be construed as a waiver of successional rights. To be valid and effective, a waiver must be couched in clear and unequivocal terms which leave no doubt as La Chica Notes PFR Rabuya | p. 7  to the intention of a party to give up a right. Respondents cannot be barred from 2) The latter law is repugnant to the earlier law. claiming successional rights. Waiver cannot be attributed to a person if it not explicitly and clearly evinces intent to abandon a right. This case has no waiver of hereditary rights. Requirement of repugnancy: Irreconcilably inconsistent and repugnant between the laws that they cannot be made to stand together. (Agujetas v CA) Agujetas v CA Article 7. Laws are repealed only by subsequent ones, and their violation or 261 SCRA 17 (1996) non-observance shall not be excused by disuse, or custom, or practice to the contrary. Doctrine: The statement "All laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly." is not an express repealing clause When the courts declared a law to be inconsistent with the Constitution, the because it fails to identify or designate the act or acts that are intended to be former shall be void and the latter shall govern. repealed. Administrative or executive acts, orders and regulations shall be valid only Summary: 3 Board members of the provincial board of canvassers for Province of when they are not contrary to the laws or the Constitution. Davao Oriental were charged for violation of “Omnibus Election Code” and “Electoral Reform law”. This is due to the failure to proclaim a winning elected Repeal of law: a legislative act of abolishing the effects of a previous statute or candidate. The Defendant argued that the crime no longer exists because RA 6646 portions of it. (Electoral Reform Law) amended the Omnibus Election Code. Criminal charges were filed against the Board Members for violation of the Omnibus Election Code. The trial court held the accused guilty for violation of the Omnibus Code. Petitioners Two ways to repeal laws: argued that Sec 231 of the Omnibus Election Code was repealed by RA 7166/ 1. Express repeal - Declared by a new law that the former is hereby repealed. Typically contained in a special provision of subsequent law. SC ruled that while 2 provisions differ in terms, neither is this fact sufficient to create a. In specific terms, where particular laws/provisions are named and repugnance. To effect a repeal by implication, the latter statute must be so identified to be repealed irreconcilably inconsistent and repugnant with existing law that they can’t be made to reconcile and stand together. Sec 231 of the Omnibus Code did not repeal RA b. In general terms, where the new law declares all laws and parts of 7166. The statement "All laws or parts thereof which are inconsistent with this Act law inconsistent with it be repealed are hereby repealed or modified accordingly." is not an express repealing clause (However, this is not considered as an express repealing because it fails to identify or designate the act or acts that are intended to be clause since it fails to identify the acts that are to be repealed. As for implied repeal, the later statute must be so irreconcilably repealed). inconsistent and repugnant with the existing law that they cannot be made to General terms can't repeal special statute since it is in reconcile and stand together. general terms 2. Implied repeal - The subsequent law contains provisions which are There’s a presumption against implied repeal. incompatible to an earlier law without expressly repealing the former law. Why? Because every statute must be interpreted and brought into accord with Implications are not favored because they rest only on the other laws to form a uniform system of jurisprudence. presumption that the incompatibility of the old and new law would lead to repeal the old. Conflict between General and Special Laws There must be plain, unavoidable, and irreconcilable repugnancy When there is conflict between the two, the special law must prevail before the inference may be drawn. since it reveals the legislative intent more clearly than general statute ○ Special law is taken as an exception to the general law Requisites of Implied repeal: They cannot be repealed or amended by a subsequent general law by mere 1) The laws cover the same subject matter implication La Chica Notes PFR Rabuya | p. 8 Rules of General vs Specific: In Implied Repeal: When the subsequent implied-repealing law is itself repealed, the General Law enacted first before Special law first law shall be revived unless repealing law provides otherwise. If general law was enacted first, then the special law subsequently enacted is considered the exemption to the general rule. Inconsistencies of Acts with the Constitution If a law/act is inconsistent with the Constitution, they are considered not valid. General law enacted after special law. GR: If gen law was enacted after the special law, special law remains unless: Effect of Declaration of Unconstitutionality: Before an act is declared unconstitutional it EXCP: is an "operative fact" which can be the source of rights and duties. 1) There is an express declaration to the contrary, 2) Clear, necessary, and irreconcilable conflict, or Partial Unconstitutionality of Statutes 3) The gen law covers the whole subject and is clearly intended to replace the If the portion of the statute is unconstitutional, then the rest are valid. So, the portion of special law. unconstitutionality will be separated and junked while the rest will be upheld. Araullo v. Aquino III Laguna Lake Development Authority v CA GR No. 209287 | July 1, 2014 251 SCRA 421 (1995) Doctrine: The doctrine of operative fact recognizes the existence of the law or Doctrine: When there is a conflict between general law and special law, the special executive act prior to the determination of its unconstitutionality as an operative fact statute should prevail because its legislative intent is more clear. A special law that produced consequences that cannot always be erased, ignored or disregarded. cannot be repealed, amended or altered by a subsequent general law by mere In short, it nullifies the void law or executive act but sustains its effects. implication. Summary: During Aquino’s presidency, the World Bank noted that the Philippines’ Summary: The LLDA charter provides that LLDA shall have exclusive jurisdiction to economic growth could be weakened if the administration continues with its issue permits for the use of all surface water for any projects in the region underspending and its failure to address the issues in infrastructure. Thus, the Meanwhile, RA 7160 (LGC) has granted to the municipalities the exclusive authority Disbursement Allocation Program (DAP) was implemented to fund projects during to grant fishery privileges in municipal waters. The Local Government Code (LGC) this year. Sen. Estrada delivered a speech revealing that some senators, including of 1991 resulted in municipalities interpreting the provisions of the law to imply they him, had been allocated an extra 50 million pesos as an incentive for voting in favor were given exclusive jurisdiction to issue fishing privileges within their regions. The of the impeachment of CJ Renato Corona. 9 Petitions were filed assailing the LLDA served a notice to the public that fishpens, cages & other aqua-culture Constitutionality of DAP. SC ruled that DAP is unconstitutional. However, the results structures unregistered with the LLDA are declared illegal. Then, notice to owners of of the DAP cannot be undone or altered. The undoing of disbursing the savings to the illegal fish structures that they should dismantle said structures. finance the programs, activities, or projects that were not covered by the General Appropriations Act would be burdensome to the government. Moreover, the DAP SC ruled the LGC does not contain any express provision which repealed the produced positive effects. To not apply the Doctrine of Operative Fact to the charter of the LLDA. The repeal of laws should be made clear and expressed. The physical results of the DAP such as public roads, homes for the homeless, and LGC did not grant the municipal authorities jurisdiction over fishery classrooms, would only result in the most “undesirable wastefulness.” privileges.Moreover, the LLDA is a special law while the LGC is a general law; Special stature should prevail over general stature as the legislative intent is expressed more clearly. Implied repeals are not favored. Thus, the charter of the LLDA should prevail over the LGC Article 8. Judicial decision applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines Effect of repeal of repealing law: In Express Repeal: When the subsequent express-repealing law is itself repealed, the Judicial decisions are not laws. They are evidence of what the law means, and this first law shall not be revived unless expressly so provided. is why they are part of the legal system of the Philippines. La Chica Notes PFR Rabuya | p. 9  The interpretation placed upon written law by a competent court has the force Miranda against the Imperials, the lower court relied on the judgment delivered by of law. the Court of Appeals in the case of Santa Rosa vs. Noble. Unfortunately, the appellant received an unfavorable verdict and has now brought this appeal, Only the decisions of the Supreme Court establish jurisprudence or doctrines in asserting that the court erred in applying the Santa Rosa vs. Noble case, as this jurisdiction. decisions of the Court of Appeals should not be considered as binding precedents in SC decisions are precedent-setting deciding cases. Decisions of lower courts are only persuasive in nature and can have no SC ruled Jurisprudence or legal doctrines are solely established by the decisions of mandatory effect. the Supreme Court. Nevertheless, this does not preclude a conclusion or pronouncement by the Court of Appeals, addressing a legal point that has not yet Judicial decisions interpreting the law retroacts. been settled in our jurisprudence, from serving as a judicial guide to the lower courts. If, upon rigorous analysis and review, the Supreme Court deems that such Doctrine of Stare Decisis conclusion or pronouncement holds sufficient merit and quality, it may be elevated When the Supreme Court has laid down a principle of law as applicable to certain to the status of a legal doctrine, thus becoming a recognized rule of jurisprudence. facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same. NOTE: this does not mean blind adherence to precedents. If doctrine is found to be contrary to law or erroneous, it should be abandoned. Filoteo v. Sandiganbayan [GR No. 79543] | [October 16, 1996] Prospective Application of Doctrines Doctrine: When a doctrine of the SC is overruled by the SC and adopted a different The application of judge-made laws is prospective, and not retroactive in a way view, the new doctrine should be applied prospectively and not apply to the parties The en banc decision which reverses the previous decisions are only who had relied on the old doctrine. prospective (Co v CA) Summary: Bureau of Post mail van left Pampanga to pick up and deliver mail GR: It can be retroactive matters to and from Manila. While on the McArthur Highway, an old blue Mercedes EXCP: It’s to be prospective when the old ruling was overturned by the new ruling Benz cut across its path and had a gun aimed at the driver Miranda. The armed group identified themselves as policemen. They ordered the postal employees to disembark from the van and ordered them to board the Benz. Special Operations Miranda v. Imperial Group (SOG) then received a tip from a civilian informer that 2 persons were looking GR No. L-49090 | February 28, 1947 for buyers of stolen checks. They were able to get hold of Frias who folded and helped them crack the case for them to be able to get hold of Mateo and Liwanag. Doctrine: Only the judgments of the Supreme Court establish jurisprudence or All 4 of them pointed to Filoteo, as the mastermind of the crime. Filoteo executed a doctrine in the jurisdiction. However, conclusions or pronouncements of the Court of sworn statement wherein he attested to his waiver of the provisions of Art. 125 of Appeals that cover points of law not yet resolved in jurisprudence can serve as legal the RPC. He was found guilty of the crime. norms for lower courts and become jurisprudence if they have sufficient merits and carats for their consecration as a rule of jurisprudence. SC ruled that the landmark case of Magtoto v. Manguera must be prospectively applied. The case stated that “A confession obtained from a person under investigation for the commission of an offense, who has not been informed of his Summary: This is a pre-war case where the lawsuit was filed in the CFI, and the right (to silence and) to counsel, is inadmissible in evidence if the same had been court issued its sentence on March 17, 1943. The case was appealed to the obtained after the effectivity of the New Constitution on January 17, 1973. The Supreme Court. However, the court records were burned in the Manila liberation confession would be admissible if it had been obtained before the effectivity of the battle during the war. The case documents were reconstituted with the copies new Constitution even if there was no counsel.” Hence, the specific provision of the provided by the appellant's lawyers. Defendants, Feliciano Imperial and Juana de Constitution requiring that a waiver by an accused of his right to counsel during Imperial, owed Elias Imperial P1,000. To redeem their land from Elias Imperial, they custodial investigation must be made with the assistance of counsel may not be borrowed P1,000 from the plaintiff, Teodora, who accepted the proposition as she applied retroactively or in cases where the extrajudicial confession was made prior was the sister-in-law of the defendants. In a subsequent legal action initiated by to the effectivity of said Constitution. La Chica Notes PFR Rabuya | p. 10  People v Amigo: Accused claims reclusion perpetua is too cruel and harsh. Courts are not the forum to plead for sympathy or pity for the accused. Dura lex sed lex. Court Article 9. No judge or court shall decline to render judgment by reason of the cannot but apply the law. silence, obscurity, or insufficiency of the laws. People v Amigo Judges must not evade the performance of responsibility just because of the G.R. No. 116719| Jan 18, 1996 non-existence of any law for the particular dispute. They must come up with a conclusion guided by fairness and a sense of Doctrine: Courts are not the forum to plead for sympathy or pity for the accused. justice. Dura lex sed lex. Court cannot but apply the law. What the Judge should do in case there is no law applicable Summary: Patricio Amigo was charged with frustrated murder. The information said that he stabbed Benito Ng Suy, thereby inflicting injuries upon the latter. However, When there is no statute to apply, the judge shall : due to the death of the victim an amended information was later filed for murder. (1) apply the custom of the place, and in default thereof, Which the accused pleaded not guilty. The trial court convicted Amigo for murder: (2) the general principles of law The Accused argued that error was committed by the trial court in imposing the penalty of reclusion perpetua against him since there was mitigating circumstance. Judiciary cannot legislate according to the principle of Separation of Powers Also, the fact that the Constitution and RA 7659 prohibiting the death penalty were However, there are certain instances that courts "do and must legislate" to fill already in effect when the offense was committed, he should have reclusion the gaps of the law which the legislator didn't account for. temporal as a penalty instead. SC ruled that the Constitution does not change the periods of the penalty prescribed Applicable to criminal prosecutions by the RPC except only insofar as it prohibits the imposition of the death penalty The judge may not decline to render a judgment; instead, they must dismiss the and reduces it to reclusion perpetua. The range of the medium and minimum criminal actions penalties remains unchanged. Penalties are prescribed by statute and are Ratio: "There is no crime when there is no law punishing it" essentially and exclusively legislative. As judges, they can only interpret and apply them and have no authority to modify them. The duty of courts is to apply the law, disregarding their feeling of sympathy or pity for an accused. DURA LEX SED LEX. Article 10. In case of doubt in the interpretation and application of laws, it is The remedy is elsewhere — clemency from the executive or an amendment of the presumed that the lawmaking body intended right and justice to prevail. law by the legislative, but surely, at this point, this Court can but apply the law. Dura lex sed lex Article 11. Customs which are contrary to law, public order, or public policy The first duty of the courts is to apply the law >> Construction and interpretation comes shall not be countenanced (accepted). after when application is impossible without it. Interpretation of the law requires fidelity to the legislative purpose and must be tip in Article 12. A custom must be proved as a fact, according to the rules of favor of right and justice evidence. Equity → "justice outside of legality Equity is only applied in the absence of statutory laws or judicial rules of procedure Custom → a rule of conduct formed by repetition of acts, uniformly observed A literal interpretation is to be rejected if it would lead to unjust or absurd (practiced) as a social rule, legally binding and obligatory. results. Requisites in application of customs: [PUG-LGN] Even if it seems too harsh, Court cannot but apply the law (Dura Lex Sed Lex) La Chica Notes PFR Rabuya | p. 11  1. Plurality of acts (various resolutions of a juridical question raised repeatedly Article 13. When the law speaks of years, months, days, or nights, it shall be in life); understood that years are of 365 days each; months, of 30 days; days, of 24 2. Uniformity (identity of acts to the juridical question); hours; and nights from sunset to sunrise. 3. General practice by the great mass of the social group; 4. Continued performance for a long period of time; If months are designated by their name, they shall be computed by the 5. General conviction that the practice corresponds to a juridical necessity or number of days which they respectively have. that it is obligatory; and 6. The practice must not be contrary to law, morals, or public order. In computing a period, the first day shall be excluded, and the last day included. Customs are not subject to judicial of the Courts. They must first be proved as a fact, according to rules of evidence. Local custom as a source of right can't be considered by a court, unless the Difference custom is properly established by competent evidence.Just because 12 months = 360 days something is done as a matter of practice doesn't mean the court can rely on 1 year = 365 days it for adjudication purposes. Juridical custom differs from social custom in that the former can supplement Primetown case: A year is composed of 12 calendar months (this is now the statutory law or applied in the absence of the statute. Meanwhile, social prevailing law) custom cannot. Computing Period: Custom cannot prevail over a statutory rule. First day is excluded while the last day is included. Days consist of 24 hours. Martinez vs. Van Buskirk Ex. If the summons is received by the defendant on March 1, the fifteen-day period 18 Phil. 79 | December 27, 1910 to file his Answer will expire on March 16. Doctrine: Acts that have not proved destructive or injurious and which have, For purposes of computing legal period, Court ruled that a year is equivalent to 12 therefore, been acquiesced in by society for so long a time that they have ripened calendar months regardless of whether it is regular year or leap year into custom, cannot be held to be themselves unreasonable or imprudent. Garvida v Sales, elective official of the SK shouldn't be more than 21 years of age. Summary: Carmen Ong was riding in a carromata. A delivery wagon belonging to This means on his 21st bday, he has completed 21 356-day cycles. It does not mean William Buskirk came along the street in the opposite direction. The driver of the carromata, observing that the defendant’s delivery wagon was coming at great 21 years and some days more since that would constitute more than 21 365-day speed, stopped on the left side of the road to let the delivery wagon pass by. cycles. However, the delivery wagon hit the carromata, overturning it. LAST DAY on Saturday, Sundar, or Holiday SC ruled Van Buskirk is not liable because the evidence does not disclose or prove Under the Rules of Court: If the last day of the period falls on a Saturday, Sunday, or a that his cochero was negligent. To leave the horses and assist in unloading the legal holiday, the time shall not run until the next working day. merchandise in the manner described on the day of the accident was the custom of all cochero, and a custom sanctioned by their employers. In an Ordinary Contract: the agreement of the parties prevail (In the Matter of Adoption of Stephanie Nathy Astorga) Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public International law and to treaty stipulations. La Chica Notes PFR Rabuya | p. 12  Article 15. Laws relating to family rights and duties, or to the status, Principle of Generality → Our criminal law is binding on all persons who live or condition, and legal capacity of persons are binding upon citizens of the sojourn in Philippine territory Philippines, even though living abroad. Citizens and foreigners are subject to penal laws and all other laws of the Philippines. NATIONALITY PRINCIPLE → Recognizes that a country can adopt criminal laws that 3 main characteristics of penal law: govern the conduct of the country’s nationals while outside of its borders. 1) Territorial (applies to the entirety of territory jurisdiction), Regardless of where the citizen is, they will be governed by PH laws with 2) Prospective (applies forward), and respect to their family rights and duties, or status, condition, or legal capacity. 3) General (applies to everyone) Ex. If two Filipinos get married abroad and filed a divorce abroad, PH laws will not EXCEPTION to Principle of Generality [TPP] recognize it (unless it's a mixed marriage, Art 26 of Family Code). 1. Treaty Stipulations - Foreigners may be immune from suit and cannot be Ex. If a foreigner’s country has a law that does not require him/her to support a criminally prosecuted in the Philippines wherein the gov't waived its criminal child, that will generally be followed. However, if it's filed in PH court, the foreigner jurisdiction based on treaty. has to plead and prove such foreign law. ○ Under Military Base Agreement between PH and US (treaty Stipulations), PH courts have no jurisdiction over felonies committed Laws relating to legal capacity of persons are binding upon Filipino citizens, even in the PH: though they are living abroad. (Insular Government v Frank) (1) wherein the offense is committed within a military base, With respect to aliens, their national laws shall govern their legal capacity in unless both the offender and the offended are Filipino accordance with “nationality principle” civilians Matters respecting a remedy, admissibility of evidence, and statutes of (2) when it is committed outside the bases but both parties limitations depend upon the law of the place where the suit is brought are US military personnel (3) when offense is committed by member of the US forces against security of US Tenchavez v Escano G.R. No. L-19671 | November 29, 1965 2. Laws of Preferential Application - Any ambassador or public minister of any foreign state, authorized by the President, may not be issued a warrant of Doctrine: The court will not recognize a divorce obtained by Filipino citizens even if it is obtained in a foreign country where it’s legal. arrest due to Republic Act No. 75. Summary: In 1948, Vicenta Escario and Pastor Tecnhavez got married in Cebu In 3. Principles of Public International Law - It’s a well established principle of IL 1950, Vicenta went to the US and obtained a divorce in Nevada. She then went to that diplomatic representatives, such as ambassadors or public ministers and marry an American afterwards and acquired American citizenship. Pastor filed a their official retinue, possess immunity from criminal jurisdiction and can’t be complaint for legal separation and damages. Vicenta claimed a valid divorce from sued. Pastor and a valid marriage with her American husband. ○ Heads of state who are officially visiting are immune from PH criminal jurisdiction. SC ruled that the valid marriage between Pastor and Vicenta remained subsisting and undissolved under Philippine law. At the time the divorce was issued, Vicenta ○ However, consuls are not entitled to the privileges and immunities. was still a Filipino citizen. She was then subject to Philippine law, and Art 15 of the ○ Under the Vienna Convention on Diplomatic Relations, diplomatic CC. Instead of divorce, the CC only provides for legal separation. For PH courts to relations shall enjoy immunity from criminal jurisdiction. recognize the foreign decree of divorce between Filipino citizens would be a violation of public policy of the state. La Chica Notes PFR Rabuya | p. 13 LEGAL CAPACITY G.R. No. 221029| April 24, 2018 Legal capacity of persons, with respect to foreigners, shall be governed by their national law with respect to their legal capacity following the "nationality principle" Doctrine: When a Filipino was the one who initiated the divorce, its legal effects can still be recognized in the Philippines. Van Dorn v Romillo, Jr. Presentation solely of the divorce decree will not suffice 139 SCRA 139| October 8, 1985 Summary: Manalo filed a cancellation of entry of marriage by virtue of a divorce Doctrine: Aliens may obtain divorces abroad, which may be recognized in the rendered by the Japanese court. She presented the Court Order, Issues of Northern Philippines, provided they are valid according to their national law. The citizenship of Journal, Divorce decree of Japanese Court, etc. SC ruled that there is no real and the parties at the time of the divorce is the crucial point, not their citizenship at the substantial difference between a Filipino who initiated a divorce proceedings and a time of marriage. Filipino who obtained a divorce decree upon the issuance of the alien spouse. However, the fact of divorce must still first be proven. Presentation solely of the Summary: Alice Reyes, a Filipino citizen, got married in Hong Kong to Richard divorce decree will not suffice Before a foreign divorce decree can be recognized by Upton, a US citizen. The couple went to Nevada to obtain a divorce. Thereafter, our courts, the party pleading it must prove the divorce as a fact and demonstrate its Alice remarried Theodore Van Dorne. Richard filed a suit against Alice for a conformity to the foreign law allowing it. declaration that he should manage their conjugal property. That the divorce decree issued by Nevada Court is contrary to public policy and has no legal validity in the Article 26 of the civil code allows Philippine Courts to extend the effect of a foreign Philippines. divorce decree to a Filipino spouse without undergoing trial to determine the validity of the dissolution of the marriage. PH courts cannot try the case on merits since it’s The SC ruled that the divorce is valid insofar as Richard is concerned. The divorce tantamount to trying a divorce. decree issued by Nevada Court is binding on Richard as an American citizen. According to the nationality principle embodied in Art. 15 of the CC, only Philippine nationals are covered by the policy against absolute divorces since it's considered contrary to PH’s concept of public policy and morality. However, aliens may obtain Pilapil v Ibay-Somera divorces abroad, which may be recognized in the PH as long as they are valid in G.R. No. 80116 | June 30, 1989 their national law. THUS, Alicia is no longer the wife of Richard and the latter has no standing to exercise control over the conjugal assets. Doctrine: Foreigners who have obtained a divorce with a Filipino lose Legal Standing to sue for Adultery since they are no longer married Barrieto v Gonzales Summary: Imelda Pilapil, a Filipino citizen, and Erich Geiling, a German national, G.R. No. 37048 | March 7, 1933 were married in Germany. They lived together in Manila where they had a child. After 3 years into their marriage, Erich filed for a divorce in Germany. Imelda then filed an action for legal separation before the RTC. In 1986, the German Court Doctrine: Litigants by mutual agreement cannot compel the courts to approve of granted the decree. Subsequently, Erich filed 2 complaints of adultery against their own actions to be affected by decrees of foreign courts when it is contrary to Imelda. SC ruled that Erich cannot file for adultery since he lacks legal standing. Art public order and good morals. 344 of the RPC states that only the offended spouse can file for adultery on concubinage. Erich obtained a valid divorce under his national law in January, and Summary: Manuela Barretto Gonzales and Augusto Gonzales, both Filipino the complaint for adultery was filed in June or 5 months later. citizens and residents of Manila were married. Augusto went to Nevada and obtained an absolute divorce. On that same day, Augusto married another Filipino citizen with whom he had three children. SC ruled that the matrimonial domicile of this couple was the Philippines. The residence acquired in the State of Nevada by Augusto for the purpose of securing a divorce was not a bona fide residence. Thus, Article 16. Real property as well as personal property is subject to the law of it has no jurisdiction to dissolve the bonds of matrimony. the country where it is situated. Republic v Manalo La Chica Notes PFR Rabuya | p. 14  However, intestate and testamentary successions, both with respect to the Doctrine: order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provision, shall be regulated by national law Summary: Christensen Aznar is a US citizen and his domicile of the deceased is the Philippines.The conflict of laws rule in California, Article 946, Civil Code, of the person whose succession is under consideration, whatever may be the precisely refers back the case, when a decedent is not domiciled in California, to the nature of the property and regardless of the country wherein said property law of his domicile, the Philippines in the case at bar. The court of the domicile can may be found. not and should not refer the case back to California. The Philippine court must apply its own law as directed in the conflict of laws rule of the state of the decedent. Principle of Lex Rei Sitae → Real and personal properties are subject to the law of the country in which they are situated. Testate Estate of Bohanan v Bohanan 106 Phil. 997 GR: The law of the country where the real and personal properties are situated SHALL be the governing law over such property. Doctrine: The validity of testamentary dispositions is to be governed by the national law of the testator. EXCP: Intestate and testate succession of a decedent, with respect to the ff aspects: (governed by national law) Summary: The testator, Bohanan, was born in Nebraska, had properties in 1) The order of succession California, and a residence in the Philippines. In his will which was executed in Manila, he selected the State of Nevada as his domicile and permanent residence. 2) Amount of successional rights Thus, at the time of his death, he was a citizen of Nevada. In his will, he disposed of 3) Intrinsic validity of the provisions of the will the properties in favor of his grandson and his siblings leaving only a small amount 4) The capacity to succeed of legacy to his children, and none for his wife. This was questioned by the surviving wife and children regarding the validity of the provisions disposing the estate Succession shall be regulated by the national law of the deceased regardless of the claiming they have been deprived of their legitime under Philippine law. SC ruled nature of the property. that Art. 16 of the CC provides that the validity of testamentary dispositions is to be governed by the national law of the deceased. In this case, the testator was a a) Testamentary succession: passing of property to the beneficiaries named in citizen of Nevada. The laws of Nevada allow the testator to dispose of all his the will. properties according to his will. His testamentary dispositions depriving his wife and b) Intestate successions: passing of property of the deceased without a will. children, who are considered as legitimes, should be respe