PFR Notes - MBL - Banza - 2024-2025 PDF

PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 PERSONS (Civil Code Provisions) Tañada vs. Tuvera, GR 63915, Dec. 29, 1986 EFFECT(Civil AND Code Provisions) APPLICATION OF...

PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 PERSONS (Civil Code Provisions) Tañada vs. Tuvera, GR 63915, Dec. 29, 1986 EFFECT(Civil AND Code Provisions) APPLICATION OF LAWS A case was filed by a group of militant lawyers (MABINI– Movement of Attorneys for ARTICLE 1. This Act shall be known as the “Civil Brotherhood, Integrity and Nationalism, Inc.) Code of the Philippines.” led by Lorenzo Tañada. Tañada’s group filed a case in order to compel the executive department to publish Congress passed RA 386: presidential issuances (presidential decrees, An act to ordain and institute the Civil Code of the letters of instructions, general orders, Philippines on January 26, 1949 proclamations, executive orders, letter of Became effective in August 30, 1950. implementation and administrative orders) by then President Marcos. Effectivity Date of an Ordinary Law They invoked the people’s right to be informed on matters of public concern as well as the ARTICLE 2. Laws shall take effect after fifteen principle that laws to be valid and enforceable days following the completion of their must be published in the Official Gazette. publication in the Official Gazette, unless it is Supreme Court Ruling otherwise provided. This code shall take It is not correct to say that under the disputed effect, one year after such publication. clause, publication may be dispensed with altogether. Effectivity of the Civil Code. The reason is that such omission would offend The 1950 Civil Code of the Philippines took effect due process insofar as it would deny the public on August 30, 1950 of the laws that are supposed to govern it. The pubic must be made aware of the laws in Publication Requirement order for them to follow them. Article 2 of the Civil Code has been expressly Publication is an indispensable requirement amended by Executive Order No. 200. before they can be become effective, valid, and binding. TN: E.O. 200 provides for the publication of laws The publication must be in full or it is no either in the Offi cial Gazette or in a newspaper of publication at all, since its purpose is to inform general circulation in the Philippines as a requirement the public of the contents of the laws. for effectivity. People vs. Que Po Lay, G.R. No. L-6791, No Explicit Effectivity When a statute does not explicitly provide for its Que Po Lay has been found guilty of violating effectivity, it shall have effect only after the Central Bank Circular No. 20 and was expiration of the fifteen-day period following the sentenced by the Court of First Instance of completion of its publication either in the Official Manila. Gazette or in a newspaper of general circulation in The charge was that the appellant who was in the Philippines. possession of foreign exchange consisting of U.S. dollars failed to sell the same to the Rationale: Central Bank through its agents within one day Newspapers of general circulation could better following the receipt of such foreign exchange perform the function of communicating the laws to as required by Circular No. 20. the people as such periodicals are more easily The appeal is grounded on the fact that available, have a wide circulation, and come out Circular No. 20 was not published in the Official regularly. Gazette prior to the act or omission imputed to the appellant, and that consequently, said Coverage: circular had no force and effect. Presidential decrees and Executive Orders The Solicitor General answering this Administrative rules and regulations if their contention says that Commonwealth Act. No. purpose is to enforce or implement existing law 638 and 2930 do not require the publication in pursuant also to a valid delegation. the Official Gazette of said circular issued for Charter of a city must be published the implementation of a law in order to have notwithstanding that it applies to only a portion of force and effect. the national territory and directly affects only the Although circular No. 20 of the Central Bank inhabitants of that place. was issued in the year 1949, it was not Circulars issued by the Monetary Board published until November 1951, that is, about 3 months after appellant's conviction of its “Unless it is otherwise provided.” violation. GR: Solely refers to the fifteen-day period and not to the requirement of publication. Supreme Court Ruling. XPN: If the law provides for a different period shorter It is true that Circular No. 20 of the Central or longer than the fifteen-day period provided by Bank is not a statute or law but being issued Section 1 of Executive Order No. 200, then such for the implementation of the law authorizing its shorter or longer period, as the case may be, will issuance, it has the force and effect of law prevail. according to settled jurisprudence. The circular in question which prescribes a “It shall take effect immediately” penalty for its violation should be published Means that it shall take effect immediately after before becoming effective, this, on the general publication with the fifteen-day period being principle and theory that before the public is dispensed with. bound by its contents, especially its penal provisions, a law, regulation or circular must1 | first be published and the people officially and PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 bound by its contents, especially its penal Article 3 is a necessary consequence of the provisions, a law, regulation or circular must mandatory provision that all laws must be first be published and the people officially and published. specifically informed of said contents and its penalties. Application: Article 3 applies only to mandatory and The said circular, particularly its penal prohibitory laws. (Consunji v. Court of Appeals) provision, did not have any legal effect and bound no one until its publication in the Official Prospectivity of Laws Gazzette or after November 1951 pursuant to Art 2 of the NCC. ARTICLE 4. Laws shall have no retroactive The decision was reversed and the appellant effect, unless the contrary is provided. acquitted, with costs de oficio. GR: Statutes are to be construed as having only PITC vs. RTC Judge Zosimo Angeles, prospective operation. G.R. No. 108461, Oct. 21, 1996 “ex prospicit, non respicit” which means that the law looks forward, not backward. This involves an administrative order issued by PITC requiring an import-export balance for Rationale: The retroactive application of a law usually importers from Socialist and other Centrally divests rights that have already become vested or Planned Economy Countries (SOCPEC) like impairs the obligations of contract and hence, is the People’s Republic of China (PROC). unconstitutional. If laws were retroactive, grave PITC used to be an independent injustice would occur, for these laws would punish administrative body, but it is now under the individuals for violations of laws that have not yet Department of Trade and Industry. The been enacted. primary purpose of PITC is to implement the policy of the government on matters pertaining XPN: The purpose and intention of the legislature to to trade between the PH and foreign country. give them a retrospective effect is expressly declared The import-export balance required all or is necessarily implied from the language used, and applicants for import permit to the PROC to that, in case of doubt, the same must be resolved present a confirmed export-program of against the retrospective effect. Philippine products to the PROC on a 1:1 ratio. XPN to the XPN: Ex post facto law is not allowed. Among the import applicants, Remington This is a law that makes an act illegal that was legal Industrial Sales and Firestone Seven Inc. when committed. failed to comply with the required export program. Thus, they were not issued the Co vs Court of Appeals, import permits. GR No. 100776, October 28, 1993 Remington and Firestone argued that (1) PITC is not empowered to issue the Administrative Albino Co delivered a check to the salvaging Order; and (2) the administrative order is not firm on September 1, 1983, postdated binding because it was not published in November 30, 1983 as a guarantee for the accordance with Article 2 of the Civil Code. performance of an obligation. Supreme Court Ruling. The check was deposited by the salvaging company and it has bounced for reason of Orders, as a valid exercise of a power ancillary “closed account.” to legislation. A criminal complaint for violation of Batas The original Administrative Order issued on Pambansa Bilang 22 (Bouncing Checks Law) August 30, 1989, under which the was filed by the salvaging firm against Albino respondents filed their applications for Co with the Regional Trial Court of Pasay City importation, was not published in the Official and resulted into Co's conviction of the crime Gazette or in a newspaper of general charged. circulation. The questioned Administrative Order, legally, until it is published, is invalid Co argued that the RTC erred in its judgment within the context of Article 2 of Civil Code. as during the time that the bouncing check was issued, the SC has yet to render the decision The fact that the amendments to that a check issued merely to guarantee the Administrative Order No. SOCPEC 89-08-01 performance of an obligation is nevertheless were filed with, and published by the UP Law covered by B.P. Blg. 22. Center in the National Administrative Register, does not cure the defect related to the The SC, on the ruling rendered on September effectivity of the [original] Administrative 21, 1987 in Que v. People, 154 SCRA 160 Order. (1987), 4 years after Co’s issuance of the bouncing check. Co argued that during the time of the issuance of the bouncing check, the Latin Maxim on Ignorance of the Law delivery of a "rubber" or "bouncing" check as guarantee for an obligation was not considered ARTICLE 3. Ignorance of the law excuses no a punishable offense, an official one from compliance thereof. pronouncement made in a Circular of the Ministry of Justice. This administrative circular by the Ministry of “ignorantia legis non excusat.’’ Justice was subsequently reversed by another Rationale: To allow a party to set up as a valid issued on August 8, 1984 (Ministry Circular No. defense the fact that he has no actual knowledge of a 12) — almost one (1) year after Albino Co had law which he has violated is to foment disorder in delivered the "bouncing" check. society. The Court of Appeals rejected Co’s theory noting that the Que doctrine did not amount to the passage of new law but was merely a2 | construction or interpretation of a pre-existing PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 The Court of Appeals rejected Co’s theory penalty had retroactive effect, being beneficial noting that the Que doctrine did not amount to to the accused, the restoration or imposition of the passage of new law but was merely the the death penalty on January 1, 1994 would no passage of new law but was merely a longer cover them notwithstanding the fact that construction or interpretation of a pre-existing the decision was rendered by the trial court on one, i.e., BP 22. June 14, 1995, when the Death Penalty Law had already taken effect. Supreme Court Ruling The Que doctrine should not be given Supreme Court Ruling retrospective effect to the prejudice of the In relation to Art. 22 of the RPC, there is no petitioner and other persons situated, who question that the abolition of the death penalty relied on the official opinion of the Minister of benefits herein accusedappellants. Perforce, Justice that such a check did not fall within the the subsequent reimposition of the death scope of B.P. Blg. 22. penalty will not affect them. In the present case, the defense is that reliance The framers of the Constitution themselves was placed, not on the opinion of a private state that the law to be passed by Congress lawyer but upon an official pronouncement of reimposing the death penalty (Republic Act no less than the attorney of the Government, 7659) can only have prospective application. the Secretary of Justice, whose opinions, Clearly, accused-appellants right to be though not law, are entitled to great weight and benefited by the abolition of the death penalty on which reliance may be placed by private accrued or attached by virtue of Article 22 of individuals is reflective of the correct the Revised Penal Code during the pendency interpretation of a constitutional or statutory of the trial. provision. The court reduced the death penalty to Reference to “when a doctrine of this Court is reclusion perpetua. overruled and a different view is adopted, the new doctrine should be applied prospectively 3. When the law is curative or remedial. and should not apply to parties who had relied on the old doctrine and acted on the faith Curative laws are not within constitutional thereof.” (People v. Jabinal, 55 SCRA 607 inhibitions impairing the obligation of contracts ) or disturbing vested rights. Statutes of a curative nature which are necessarily retrospective must be given a Exceptions: Instances when a law may be given retrospective operation by the courts. retroactive 1. When the law expressly provides for 4. When rights have not yet vested. retroactivity. If no rights that have been vested will be Family Code of the Philippines provides in violated, then the law may be retroactive. Article 256 thereof that the said code “shall have retroactive effect insofar as it does not prejudice A vested right is defined as one which is absolute, or impair vested or acquired rights in complete and unconditional, to the exercise of which accordance with the Civil Code or other laws.” no obstacle exists, and which is immediate and perfect in itself and not dependent upon a 2. When the law is penal in character and contingency. favorable to the accused. Article 22 of the Revised Penal Code Bernabe vs Alejo, specifically provides that penal laws shall have GR No. L-140500, January 21, 2002 retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual The mother sought the recognition of her criminal, although at the time of the publication illegitimate son, born in 1981. The father, of such laws a final sentence has been Fiscal Bernabe, has never acknowledged the pronounced and the convict is serving the son during his lifetime. The father died in on same. 1993. The father, not having acknowledged the illegitimate son, was survived by his sole People vs. Patalin, et. al., GR No. 125539 heir, Ernestina Bernabe. The RTC dismissed the complaint, ruling that In 1983, Patalin and Mijaque were charged under the provisions of the Family Code as before the RTC with the crime of robbery. In well as the case of Uyguangco vs. Court of another rcriminal case, Alex Mijaque, Alfonso Appeals, the complaint is now barred. Patalin, Jr., and Nestor Ras were charged The CA ruled in favor of the mother, citing that before the same court with the crime of Adrian should be allowed to prove that he was robbery with multiple rape. the illegitimate son of Fiscal Bernabe. At the time the crime was committed, robbery Because the boy was born in 1981, his rights with rape was punishable by the death are governed by Article 285 of the Civil Code, penalty. which allows an action for recognition to be By virtue of the ratification of the 1987 filed within four years after the child has constitution, death penalty was abolished. attained the age of majority. The subsequent During this time, the case was still in trial. enactment of the Family Code did not take Congress eventually restored the death away that right. penalty by virtue of Republic Act No. 7659 or Petitioner appealed to the SC, contending that the Death Penalty Law which took effect on respondent is barred from filing an action for January 1, 1994. recognition, because Article 285 of the Civil Accused-appellants are of the position that Code has been supplanted by the provisions since the Constitutions abolition of the death of the Family Code. She argues that the latter penalty had retroactive effect, being beneficial Code should be given retroactive effect, since no vested right would be impaired. 3| to the accused, the restoration or imposition of Under the Family Code, an action for the PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 Code should be given retroactive effect, since 11, 2000. However, the filing fee was paid no vested right would be impaired. only on August 25, 2000, beyond the Under the Family Code, an action for the reglementary period. recognition of an illegitimate child must be The RTC denied the appeal due to the late brought within the lifetime of the alleged payment, and this denial was upheld by the parent. The Family Code makes no distinction Court of Appeals after the petitioners filed a on whether the former was still a minor when special civil action for certiorari. the latter died. Thus, the putative parent is The petitioners brought the matter before the given by the new Code a chance to dispute the Supreme Court, arguing that the amendments claim, considering that illegitimate children are to Section 13, Rule 41 of the Rules of Civil usually begotten and raised in secrecy and Procedure, effective May 1, 2000, should not without the legitimate family being aware of apply retroactively to their case. their existence. The putative parent should The Supreme Court initially rejected this thus be given the opportunity to affirm or deny argument but later reconsidered based on the the child’s filiation, and this, he or she cannot "fresh period rule" established in Neypes v. do if he or she is already dead. Court of Appeals, which grants a fresh 15-day The new Family Code provides the caveat that period to perfect an appeal from the receipt of rights that have already vested prior to its the order denying a motion for enactment should not be prejudiced or reconsideration. impaired. Issue: Whether the “fresh period” rule announced in Neypes could retroactively Supreme Court Ruling apply in cases where the period for appeal The SC has affirmed the CA decision, noting had lapsed prior to 14 September 2005when that Art. 285 of the Civil Code is a substantive Neypes was promulgated. law, as it gives Adrian the right to file his petition for recognition within four years from Supreme Court Ruling attaining majority age. Procedural laws may be given retroactive Therefore, the Family Code cannot impair or effect to actions pending and undetermined at take Adrian’s right to file an action for the time of their passage, there being no recognition, because that right had already vested rights in the rules of procedure. vested prior to its enactment. Amendments to procedural rules are Indeed, our overriding consideration is to procedural or remedial in character as they do protect the vested rights of minors who could not create new or remove vested rights, but not have filed suit, on their own, during the only operate in furtherance of the remedy or lifetime of their putative parents. confirmation of rights already existing. The Supreme Court's decision was based on the principle that procedural laws, such as the 5. When the law is procedural. "fresh period rule," can be given retroactive A procedural, adjective or remedial law effect to actions pending and undetermined at prescribes the method of enforcing rights or the time of their passage. obtains redress for their invasion. This does not give rise to a vested right. Substantive law creates substantive rights and Mandatory, Prohibitory, and Permissive Laws the two terms in this respect may be said to be synonymous. ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws Fil-Estate Properties Inc. vs Hon. Marietta shall be void, except when the law itself Homena-Valencia, GR No. 173942 authorizes their validity. (4a) In "Fil-Estate Properties, Inc. v. Homena- Mandatory Provision Valencia," petitioners Fil-Estate Properties, A mandatory provision of law is one the omission Inc. and Fairways and Blue-Waters Resort and of which renders the proceeding or acts to which it Country Club, Inc. sought reconsideration of a relates generally illegal or void. Supreme Court decision dated October 15, 2007. Example: The case began in 1998 when private Family Code provides, that the husband, in order to respondent Sullian Sy Naval filed a complaint impugn the legitimacy of a child, must fi le a case against the petitioners, alleging they had taken within one year from the knowledge of the birth of the possession of her land by constructing a golf child or its recording in the civil register, if he should course. live within the same municipality where the birth took The Regional Trial Court (RTC) of Aklan heard place or was recorded. Should the husband fi le the the complaint, but the petitioners' counsel case beyond the one-year period, such case will be failed to attend the pre-trial, leading to the dismissed. private respondent presenting evidence unopposed. Prohibitory Provision The RTC ruled in favor of the private Prohibitory laws are those which contain positive respondent. The petitioners filed a motion for prohibitions and are couched in the negative terms reconsideration on May 10, 2000, which was importing that the act required shall not be done denied on July 26, 2000. otherwise than designated (Brehm v. Republic, 9 The petitioners received the order denying SCRA 172). their motion on August 9, 2000, and filed a Notice of Appeal on August 11, 2000. Example: Under the Family Code, it is specifically However, the filing fee was paid only on August provided that “No decree of legal separation shall be 25, 2000, beyond the reglementary period. The RTC denied the appeal due to the late 4| payment, and this denial was upheld by the PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 based upon a stipulation of facts or a confession of Requisites for a Valid Waiver judgment.” a. The person waiving must be capacitated to make the waiver. (Hence, a waiver by a minor or by an Permissive law insane person or non-compos mentis is voidable). A law or a provision in a statute is said to be b. The waiver must be made clearly, but not permissive or directory when it allows certain acts but necessarily express. does not command them. (Black’s Law Dictionary, c. The person waiving must actually have the right 2009) which he is renouncing; otherwise, he will not be renouncing anything. Violation of Mandatory or Prohibitory Laws d. In certain instances the waiver, as in the express GR: Acts executed against the provisions of remission of a debt owed in favor of the waiver, mandatory or prohibitory laws shall be void. (Art. 5, must comply with the formalities of a donation. NCC) (See Art. 1270, Civil Code). XPNs: When the law: (VAPE) e. The waiver must not be contrary to law, morals, public policy (the aim of the State in promoting the 1. Makes the act Voidable. The act remains valid social welfare of the people). until annulled. Prohibition Against Waiver. Example: If consent is obtained through Waivers cannot be made if they are contrary to intimidation and coercion in a marriage, it is not law, public order, public policy, morals or good rendered void but merely voidable until annulled. customs, or prejudicial to a third person with a right Consent is vitiated; hence marriage shall be voidable. recognized by law. [Art. 1330. A contract where consent is given through mistake, violence, intimidation, undue influence, or Cui vs. Arellano University, L - 15127 fraud is voidable. Cui was a law student of Arrellano University 2. Itself Authorizes its validity. and a scholar from first year up to fourth year 1 st semester. During his last semester, he Example: Act of illegally solemnizing marriage but transferred to Abad Santos University when his if the parties believed in good faith that the uncle assumed the deanship of the latter and solemnizing officer had authority, marriage remains to left Arellano. be valid. Since he was a scholar, his tuition fees are returned to him at the end of every semester. 3. When the law makes the act valid, but Punishes the wrongdoer to civil/admin/criminal When he finished his law degree, he applied for permit to take the Bar exams, however, one responsibility. of the requirements was a complete transcript Under the law, the judge is only authorized to of records of his entire law school. solemnize marriages under the court’s jurisdiction Cui went to Arellano University to get his When a judge solemnizes a marriage outside his transcript but he was refused unless he would jurisdiction, the marriage remains valid but the return the cash equivalent of his scholarship judge is given administrative sanctions. grant. He paid, but under protest. When he became a lawyer, he sued the 4. When the law makes the act itself void, but university. It turned out that before he was recognizes some legal Effects flowing granted the scholarship, he signed a waiver of therefrom (supervening events). his right to transfer to another school unless he Example: When a foreigner buys a piece of land in refunds the school of the cash equivalent of the scholarship grant. the Philippines, contrary to the rule that foreigners cannot own properties in the Philippines, but in turn, ISSUE: Whether the above contract between sells it to a Filipino. The defect is deemed cured. plaintiff and the defendant, whereby the former waived his right to transfer to another school Waiver of Rights without refunding to the latter the equivalent of his scholarships in cash, is valid or not. ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public policy, Supreme Court Ruling: morals or good customs, or prejudicial to a The contract of waiver between the plaintiff and third person with a right recognized by law. respondent is contrary to public policy and, hence, null and void. GR: Rights, protections, and advantages conferred Memorandum No. 38 merely incorporates a by statutes may be waived. sound principle of public policy. XPN: Waiver is contrary to law, public policy, morals Wherefore, the decision appealed from is or good customs, OR prejudicial to a third person with hereby reversed and another one shall be a right recognized by law. entered sentencing the defendant to pay the plaintiff the sum of P1,033.87, with interest WAIVER. thereon at the legal rate from September 1, Waiver is the intentional relinquishment of a known 1954, date of the institution of this case, as well right. (Castro v. Del Rosario, 19 SCRA 196) as the costs, and dismissing the defendant’s Waiver is presumed, but must be clearly and counterclaim. convincingly shown, either by express stipulation or acts admitting no other reasonable explanation. 5| PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 Leal vs. IAC, GR. No. L-65425, Nov. 5, 1986 to recover under a civil action, the CA ruled that in this case, the widow had a right to file an The IAC reversed a decision of the CA ordering ordinary action for civil actions because she the petitioners to accept the sum of P5,600.00 was not aware and ignorant of her rights and from the private respondent as repurchase courses of action. price of the lots described in the She was not aware of her rights and remedies. "Compraventa" and, thereafter, to execute a Thus, her election to claim from the Insurance Deed of Repurchase to effect transfer over Fund does not waive her claim from the ownership over the same properties to the petitioner company. private respondent. The argument that ignorance of the law Some 50 years ago, a contract entitled excuses no one is not applicable in this case “compraventa,” written entirely in the Spanish because it is only applicable to mandatory and language, provided an express prohibition prohibitory laws. against the sale of the lots described in the Affirmed the CA ruling and the case was “compraventa” to third persons or strangers. It remanded (meaning: return a case to a lower should only be sold back to the seller or his court for reconsideration) to the RTC to successors. determine whether the award decreed in its decision is more than that of the ECC. Should Supreme Court Ruling the award decreed by the trial court be greater The provision is a nullity. The SC agreed with than that awarded by the ECC, payments CA Justice Paras that a prohibition to alienate already made to private respondent pursuant should not exceed at most a period of twenty to the Labor Code shall be deducted therefrom. years; otherwise, there would be subversion of This is to avoid double compensation. public policy which naturally frowns on unwarranted restrictions on the right of Valenzuela Hardwood & Industrial Supply, ownership [Art. 1306. The contracting parties Inc. vs. CA, et. Al. may establish such stipulations, clauses, terms and conditions as they may deem convenient, Valenzuela Hardwood and Industrial Supply, provided they are not contrary to law, morals, Inc. (VHIS) entered into an agreement with the good customs, public order, or public policy.] Seven Brothers whereby the latter undertook But even assuming that such a right of to load on board its vessel M/V Seven repurchase is granted under the Ambassador the former’s lauan round logs "Compraventa," the petitioner correctly asserts numbering 940 at the port of Maconacon, that the same has already prescribed. Under Isabela for shipment to Manila. Art. 1508 of the Civil Code of Spain (Art. 1606 VHIS insured the logs against loss and/or of the Civil Code of the Philippines), the right to damage with South Sea Surety and Insurance redeem or repurchase, in the absence of an Co. for P2,000,000. express agreement as to time, shall last four The vessel sank resulting in the loss of the years from the date of the contract. logs. The IAC ruling was set aside and the CA ruling On 30 January 1984, a check for P5,625.00 to was reinstated. cover payment of the premium and documentary stamps due on the policy was D.M. Consunji, Inc. vs Court of Appeals tendered due to the insurer by an agent (of which the check was given by VHIS on Jan. 24, A worker fell 14 floors and died while working a day before the sinking) but was not accepted. on a DMCI project. Instead, the South Sea Surety and Insurance The worker’s wife filed a case for damages Co., Inc. cancelled the insurance policy it against DMCI before the RTC. issued as of the date of the inception for non- The RTC decided in favor of the widow. payment of the premium due in accordance DMCI filed an appeal before the CA and the with Section 77 of the Insurance Code. latter affirmed the decision of the RTC. VHIS filed a case in the RTC and was granted DMCI now seeks the reversal of the CA’s order judgment in its favor. Both Seven Brothers and on the grounds that the widow previously South Sea appealed. availed of the death benefits provided under The Court of Appeals affirmed in part the RTC the Labor Code and is, therefore, precluded judgment by sustaining the liability of South from claiming from the deceased’s employer Sea, but modified it by holding that Seven damages under the Civil Code. Brothers was not liable for the lost cargo, SC ruled that an injured worker has a choice of stating that a common carrier undertaking to either to recover from the employer the fixed carry a special cargo or chartered to a special amounts set by the Workmen’s Compensation person only, becomes a private carrier. As a Act or to prosecute an ordinary civil action private carrier, a stipulation exempting the against the tortfeasor for higher damages but owner from liability even for the negligence of he cannot pursue both courses of action its agent is valid. simultaneously Petitioner DMCI also holds that ignorance of Supreme Court Ruling the law excuses no one from compliance The SC upheld the CA’s ruling that the agent therewith, and that private respondent cannot was indeed a valid agent of South Sea when claim ignorance of this Court’s ruling in he received VHIS’ premium payment for the Floresca allowing a choice of remedies. marine cargo insurance policy which was thus binding on the insurer. Supreme Court Ruling A waiver of liability for private carriers is valid Although SC ruled that recovery of damages because it is freely entered into by the parties under the Worker’s Compensation Act is a bar and the same is not contrary to law, morals, to recover under a civil action, the CA ruled that good customs, public order, or public policy. in this case, the widow had a right to file an Indeed, their contract of private carriage is not6 | ordinary action for civil actions because she even a contract of adhesion (meaning: a take- PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 good customs, public order, or public policy. unconstitutional, all the provisions which are thus Indeed, their contract of private carriage is not dependent, conditional or connected, must fall with even a contract of adhesion (meaning: a take- them.’ it-or-leave-it contract). Unlike in a contract involving a common carrier, private carriage Rules And Regulations/Administrative and does not involve the general public. Executive Acts. The contract of private carriage binds petitioner The regulations adopted under legislative authority and private respondent alone; it is not imbued by a particular department must be in harmony with public policy considerations for the with the provisions of the law, and for the sole general public or third persons are not affected purpose of carrying into effect its general thereby. provisions. The SC affirmed the decision of the CA. By such regulations, of course, the law itself cannot be extended, so long, however, as the regulations relate solely to carrying into effect the Repeal of Laws provisions of the law, they are valid (United States v. Tupasi, 29 Phil. 119). ARTICLE 7. Laws are repealed only by subsequent ones, and their violation or non- Stare Decisis Doctrine observance shall not be excused by disuse, or custom, or practice to the contrary. ARTICLE 8. Judicial decisions applying or When the courts declare a law to be interpreting the laws or the Constitution shall inconsistent with the Constitution, the former form part of the legal system of the shall be void and the latter shall govern. Philippines. (n) Administrative or executive acts, orders and regulations shall be valid only Judicial Decisions when they are not contrary to the laws or the Judicial decisions applying or interpreting the law, or Constitution. the Constitution shall form a part of the legal system of the Philippines. (Art. 8, NCC) Repeal. TN: still they are NOT laws, if this were so, the courts Repeal of a law is the legislative act of abrogating would be allowed to legislate contrary to the principle through a subsequent law the effects of a previous of separation of powers. statute or portions thereof. Stare Decisis Repeal is either express or implied. The doctrine, which is really “adherence to Implied - takes place when a new law contains precedents,” states that once a case has been provisions contrary to or inconsistent with those of decided one way, then another case, involving exactly a former without expressly repealing them (25 RCL the same point at issue, should be decided in the 911). same manner. Example: “all laws and parts thereof inconsistent with the provisions of this Act are The doctrine, however, does not mean blind hereby repealed or modified accordingly” adherence to precedents. If the doctrine is found to be contrary to law or erroneous, it should be Express - a repeal which is literally declared by a abandoned. (Rabuya, 2006) new law, either in specific terms, as where particular laws and provisions are named and Obiter Dicta identified and declared to be repealed, or in Opinions not necessary for the determination of a general terms, as where a provision in a new law case and cannot have the force of precedents. declares all laws and parts of laws inconsistent therewith to be repealed (25 RCL 911). “Legis interpretatio legis vim obtinet” The interpretation placed upon the written law by a UNCONSTITUTIONAL STATUTES. competent court has the force of law. (People v. In deciding the constitutionality of a statute Jabinal, 55 SCRA 607). Laws are presumed to be constitutional unless otherwise declared by the court. Legal Effects of Judicial Decisions Every presumption favors the validity of the same 1. No publication required and whenever possible, statutes should be given a 2. Binding between parties after the lapse of appeal meaning that will not bring them in conflict with the period; Constitution (Noblejas v. Teehankee, 23 SCRA 3. Will bind all future cases with identical facts, until 774) reversed by SC. Partial Unconstitutionality of Statutes. SC Decision vs. Lower Courts Where a portion of a statute is rendered Judicial decisions of the Supreme Court are unconstitutional and the remainder valid, the parts will authoritative and precedent-setting while those of the be separated, and the constitutional portion upheld. inferior courts and the Court of Appeals are merely persuasive. Indeed, it is the duty of judges to apply XPN: When the parts of the statute are so mutually the law as interpreted by the Supreme Court dependent and connected, as conditions, (Secretary of Justice v. Catolico, 68 SCRA 62; Albert considerations, inducements, or compensations for v. CFI, 23 SCRA 948). each other, as to warrant a belief that the legislature intended them as a whole, and that if all could not be carried into effect, the legislature would not pass the residue independently, then if some parts are 7| PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 Chinese Young Men’s Christian Association Judicial Legislation. of the Philippine Islands v. Remington Steel The judiciary is tasked with resolving legal Corporation, GR No. 159422, March 28, 2008 controversies and interpreting statutes. The judiciary cannot legislate. Legislation is the function of A series of cases were filed against each other Congress. by parties YMCA and Remington Steel Corporation involving the cancellation of People vs. Veneracion YMCA of the lease and the failure of Remington to turn over the leased property This involved a case of rape with homicide. back to YMCA. The RTC convicted the defendants with The CA denied the petition of YMCA on unit "penalty of reclusion perpetua with all the 964 on the grounds that the filing was defective accessories provided for by law." as there was no proof of authority of the person The prosecutor disagreed with the sentence who signed the verification and certification of and filed an MR for the imposition of the death non-forum shopping. penalty instead, alleging that the accused was found guilty but instead of imposing death Supreme Court Ruling penalty prescribed by the law existing at the The SC held that the CA was wrong in time, the judge let his religious convictions take dismissing YMCA’s petition. Ordinarily, the SC over as imposed reclusion perpetua instead. would remand the case back to the CA for Judge Veneracion was a devoted Catholic and proper disposition based. an active member of a religious organization However, the SC had a previous ruling and believes that death penalty can never be involving unit 966 granting Remington’s justified. petition for certiorari to the SC on the CA’s The People of the Philippines went to the SC decision on YMCA’s case against Remington. to question the decision of the said judge. This decision of the SC led to the filing of an MR by YMCA before the SC, and the court set Supreme Court Ruling: aside its earlier decision on Remington’s A government of laws, not of men excludes the petition where Remington was ordered to pay exercise of broad discretionary powers by rent during the period of non-return on the unit those acting under its authority. Under this to YMCA. system, judges are guided by the Rule of Law, Remington filed an MR but it was denied with and ought "to protect and enforce it without fear finality invoking that the ruling on the case of or favor.” Unit 966 also applies in the present case In the case at bench, respondent judge, after following the salutary doctrine of stare decisis weighing the evidence of the prosecution and et non quieta movere which means "to adhere the defendant at trial found the accused guilty to precedents, and not to unsettle things beyond reasonable doubt of the crime of Rape which are established." with Homicide. Since the law in force at the The court has held that it is a very desirable time of the commission of the crime for which and necessary judicial practice that when a respondent judge found the accused guilty was court has laid down a principle of law as Republic Act No. 7659, he was bound by its applicable to a certain state of facts, it will provisions. adhere to that principle and apply it to all future This is not a case of a magistrate ignorant of cases in which the facts are substantially the the law. This is a case in which a judge, fully same. aware of the appropriate provisions of the law, Stare decisis et non quieta movere. Stand by refuses to impose a penalty to which he the decisions and disturb not what is settled. disagrees. In so doing, respondent judge acted without or in excess of his jurisdiction or with grave abuse of discretion amounting to a lack Dura Lex Sed Lex Principle of jurisdiction in imposing the penalty of Reclusion Perpetua where the law clearly ARTICLE 9. No judge or court shall decline to imposes the penalty of Death. render judgment by reason of the silence, The case is hereby remanded to the Regional obscurity, or insufficiency of the laws. (6) Trial Court for the imposition of the penalty of death upon private respondents in consonance with respondent judge's finding that the private Dura lex sed lex respondents in the instant case had committed Means the law may be harsh but it is the law. the crime of Rape with Homicide. Courts are duty bound to impose the law. In criminal prosecutions, the judge must dismiss the DURA LEX SED LEX, meaning that the law case if a person is accused of a non-existent crime may be harsh but it is the law. following the maxim “nullum crimen, nulla poena sine lege.” (There is no crime when there is no law punishing it) (Rabuya, 2009) Interpretation/Application of Laws In the absence of law, what rules should he apply? ARTICLE 10. In case of doubt in the (a) Customs which are not contrary to law, public interpretation and application of laws, it is order, and public policy. (See Art. 11, Civil Code). presumed that the lawmaking body intended (b) Decisions of foreign and local courts on similar right and justice to prevail. (n) cases. (c) Opinions of highly qualified writers and professors. (d) Rules of statutory construction. (e) Principles laid down in analogous instances. (See Cerrano v. Tan Chuco, 38 Phil. 392). 8| PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 Presumption in case of Doubt in the Interpretation ARTICLE 12. A custom must be proved as a of laws fact, according to the rules of evidence. (n) In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (Art. 10, NCC) Customs Custom has been defined as a rule of conduct formed Where the law is clear by repetition of acts, uniformly observed (practiced) it must be applied according to its unambiguous as a social rule, legally binding and obligatory. provisions. It must be taken as it is devoid of judicial addition and subtraction (Acting Commissioner of Necessity of proving customs Customs v. Manila Electric Company, 77 SCRA 469). GR: No judicial notice of customs. A custom must be proved as a fact, according to the rules of evidence. The first and foremost duty of the court is to apply the (Art. 12, NCC) law. Construction and interpretation come only after it XPN: Courts may take judicial notice of a custom if: has been demonstrated that application is impossible 1. there is already a decision rendered by the same or inadequate without them (Republic Flour Mills, Inc. court recognizing the custom; (Pineda, 2010) and v. Commissioner of Customs, 39 SCRA 269). 2. a custom is of public knowledge. (Sec. 2, Rule 129, ROC) Relaxation of the Literal Interpretation The Supreme Court has time and again cautioned Juridical custom vs. social custom. against narrowly interpreting a statute as to defeat the Juridical custom – can supplement statutory law purpose of the legislator and stressed that it is of the or applied in the absence of such statute. essence of judicial duty to construe statutes so as to Social custom - customs which are contrary to avoid such deplorable result (of injustice or absurdity) law, public order or public policy shall not be and that, therefore, a literal interpretation is to be countenanced. Custom, even if proven, cannot rejected if it would be unjust or lead to absurd results prevail over a statutory rule or even a legal rule (Bello v. Court of Appeals,) enunciated by the Supreme Court In the Matter of the Adoption of Stephanie Kinds of Customs Nathy Astorga Garcia, Honorato Catindig (a) General custom is that of a country; a “custom of the place” is one where an act transpires. This involves a petition for adoption filed by the (b) In relation to Law natural father Mr. Catindig of an illegitimate a. propter legem - in accordance with law daughter Stephanie Nathy Astorga Garcia. b. contra legem - against the law The court granted the petition for adoption but the court fixed the name of the child to be Stephanie Nathy Catindig. Computation of Period Mr. Catindig filed a motion for clarification praying that his daughter should be allowed to ARTICLE 13. When the law speaks of years, use the surname of her biological mother months, days or nights, it shall be understood Garcia as her own middle name. that years are of three hundred sixty-five days The RTC denied the request for the reason that each; months, of thirty days; days, of twenty- there is no law that allows the adopted child to four hours; and nights from sunset to sunrise. use the family name of the mother as the If months are designated by their child’s middle name. name, they shall be computed by the number Supreme Court Ruling of days which they respectively have. The purpose of adoption is for the benefit of the In computing a period, the first day adopted child, to elevate the status of an shall be excluded, and the last day included. illegitimate child to that of a legitimate child. (7a) If a child is adopted, he now possesses all the rights and privileges being enjoyed by legitimate children. Rule on Period Under the law, legitimate children use the Year - 365 days unless identified surname of their biological mother as their Leap Years – still understood as 365 days in line middle name. with the Art 13 not 366 days It would be unjust that an adopted child who is Months – 30 days supposed to enjoy the same rights and o XPN: Unless months are designated by their privileges being enjoyed by legitimate children name. to be discriminated by disallowing her to use Week the surname of her biological mother as her o With reference to the calendar – 7 successive middle name. days regardless of which day it would start; or If the law does not prohibit, it allows. o Without reference to the calendar – Sunday to Justice was served by allowing Stephanie to Saturday use as middle name the family name of her Day – 24 hrs mother. Nights – Sunrise to sunset Period – First day shall be excluded and the last day included. Custom Example: if a law states that a particular ARTICLE 11. Customs which are contrary to statute is to be effective on the 20th day from its law, public order or public policy shall not be publication and such publication was actually made countenanced. (n) on February 3, 1998, then the law shall be effective on February 23, 1998. The first day which is February 9| PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 3, 1998 is excluded while the last day which is duties, or to his or her status, condition and legal February 23, 1998 is included. capacity. If the last day falls on a Sunday or a Legal Holiday Scope of Art. 15 (Nationality Principle) If the act to be performed within the period is: (a) Family rights and duties (including parental 1. Prescribed or allowed by: authority, marital authority, support); a. The Rules of Court (ROC); (b) Status; b. An order of the court; or c. Any other (c) Condition; applicable statute. The last day will (d) Legal capacity. (But there are various exceptions automatically be the next working day. to this rule on legal capacity.) 2. From a contractual relationship – The act will still become due although the last day falls on a Applicability of Art. 15 Sunday or a legal holiday. This is because Art. 15 which is a rule of private international law (or obligations arising from contracts have the force a conflicts rule, containing as it does a reference to a of the law between the contracting parties. foreign element, such as a foreign country) stresses (Pineda, 2010) the principle of nationality; some other countries, like Great Britain and the United States, stress the TN: Computation of age is counted based on its principle of domicile. anniversary. Van Dorn vs. Romillo, GR No. 68470 Principle of Penal Laws A foreigner and a Filipina obtained a divorce ARTICLE 14. Penal laws and those of public decree was in the US. security and safety shall be obligatory upon After obtaining the divorce, the husband all who live or sojourn in Philippine territory, returned to the Philippines and filed an action, subject to the principles of public in his capacity as the husband of the wife, that international law and to treaty stipulations. he be allowed to administer the properties (8a) which he claimed to be belonging to the conjugal partnership. Obligatory force of Penal Laws. The wife said that he cannot anymore file the GR: Citizens and foreigners are subject to all penal action for he is no longer her husband pursuant laws and all other laws designed to maintain public to the divorce decree obtained. security and safety. The husband argued that the divorce decree TN: Theory of Territoriality - Penal laws have cannot be recognized in the Philippines force and effect only within Philippine territory, because Philippines does not recognize subject to various exceptions. (Art 2 RPC) divorce, it being against public policy. Hence, XPN: he remains to be her husband. (a) Principles of public international law. - Diplomatic officials, visiting heads of Supreme Court Ruling. states Being a foreigner, the husband is governed by (b) Presence of treaty stipulations his own national law and being a US citizen, divorce is recognized and therefore, the Subjective Territoriality principle divorce decree obtained in the US validly binds The country where the crime was started may have the husband. jurisdiction over the crime even if the crime was Insofar as Philippine law is concerned, he is no completed in another country. longer the husband of the Filipina wife. The SC did not rule on the validity of divorce Objective Territoriality principle insofar as the Filipina wife was concerned but The country where the crime was completed may on the validity of divorce on the part of the exercise jurisdiction even if it was started outside. American husband pursuant to the nationality theory. Status/Legal Capacity Pilapil vs. Ibay-Somera, et. al., GR No. 80116, June 30, 1989, 174 SCRA 663 ARTICLE 15. Laws relating to family rights and duties, or to the status, condition and There was a couple, a German and a Filipina. legal capacity of persons are binding upon The German husband obtained a divorce citizens of the Philippines, even though living decree before the German courts. abroad. (9a) After the divorce was obtained, the husband returned to the Philippines, and when he ‘Status’ Defined discovered that while they were still married, The status of a person in civil law includes personal the wife played fire with another man, he sued qualities and relations, more or less permanent in for adultery. nature, and not ordinarily terminable at his own will, The wife argued he cannot anymore institute such as his being married or not, or his being the criminal action for adultery because under legitimate or illegitimate. Philippine laws, the private offended party in the crime of adultery is the husband and since Nationality Rule. the German cannot anymore be considered as Lex nationalii her husband at the time of the institution of the Citizenship is the basis for determining the action as a result of the divorce obtained, he personal law applicable has no personality to institute the action for Regardless of where a citizen of the Philippines adultery. might be, he or she will be governed by Philippine laws with respect to his or her family rights and Supreme Court Ruling The legal personality to institute a criminal 10 | action for adultery should be determined at the PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 Supreme Court Ruling On March 3, 1998, petitioner filed a complaint The legal personality to institute a criminal for Declaration of Nullity of Marriage on the action for adultery should be determined at the ground of bigamy. Recio contended that his time of the filing of the action. Since the prior marriage had been validly dissolved by a husband is governed by his own law, the decree of divorce obtained in Australia thus he divorce decree that he obtained in Germany is legally capacitated to marry petitioner. should be considered as valid insofar as he is The trial court rendered the decision declaring concerned. the marriage between petitioner and Since the divorce is valid, the husband then respondent dissolved and both parties can now cannot anymore be considered as an offended remarry. Hence, this petition. husband. Supreme Court Ruling The nullity of Recio’s first marriage as shown Llorente vs. CA, GR No. 124371 by the divorce decree issued was valid and recognized in the Philippines since the Lorenzo N. Llorente, a naturalized American respondent is a naturalized Australian. citizen and U.S. Navy serviceman, married Paula T. Llorente on February 22, 1937, in However, there is absolutely no evidence that Nabua, Camarines Sur, Philippines. proves respondent’s legal capacity to marry petitioner though the former presented a During World War II, Lorenzo discovered Paula divorce decree. The said decree, being a was pregnant and living with his brother, foreign document was inadmissible to court as Ceferino Llorente, leading to their separation. evidence primarily because it was not Lorenzo obtained a divorce from Paula in authenticated by the consul/ embassy of the California, finalized on December 4, 1952. country where it will be used. Lorenzo married Alicia F. Llorente on January Thus, the Supreme Court remands the case to 16, 1958, in Manila, and they had three the Regional Trial Court of Cabanatuan City to children together. receive or trial evidence that will conclusively Lorenzo executed a Last Will and Testament prove respondent’s legal capacity to marry on March 13, 1981, bequeathing his properties petitioner. to Alicia and their children. Lorenzo filed for the probate of his will in 1983 but died on June 11, 1985, before the Roehr vs. Rodriguez, et. al., proceedings were completed. GR No. 142820, June 20, 2003 Paula filed for letters of administration over Lorenzo's estate, claiming her rights as the Roehr, a German citizen and resident of surviving spouse. Germany, married private respondent Carmen The Regional Trial Court declared the divorce Rodriguez, a Filipina, on December 11, 1980 decree void and appointed Paula as the legal in Hamburg, Germany. Their marriage was administrator of Lorenzo's estate. subsequently ratified on February 14, 1981 in The Court of Appeals modified this decision, Negros Oriental. Out of their union were born recognizing Alicia as a co-owner of the Carolynne and Alexandra on November 18, properties acquired during her cohabitation 1981 and October 25, 1987, respectively. with Lorenzo. On August 28, 1996, the wife filed a petition for The case was brought before the Supreme declaration of nullity of marriage before the Court. Regional Trial Court (RTC) of Makati City. Roehr obtained a divorce decree from the Supreme Court Ruling Court of First Instance of Hamburg- The Supreme Court emphasized the principle Blankenese, promulgated on December 16, of comity and the recognition of foreign laws 1997. The parental custody of the children was and judicial decisions. granted to the father. Lorenzo was a naturalized American citizen at Roehr filed a motion to dismiss the nullity case the time of his divorce, marriage to Alicia, as a divorce decree had already been execution of his will, and death. promulgated, which was granted by Judge Salonga. Issues arising from these incidents are governed by foreign law. Carmen filed a motion with a prayer that the case should proceed for the purpose of The Civil Code provisions state that the determining the issues of custody of children national law of the decedent governs intestate and the distribution of the properties between and testamentary succession. her and Roehr. Judge Salonga partially set aside her previous order for the purpose of Garcia vs. Recio tackling the issues of support and custody of their children. Rederick Recio, a Filipino, was married to Editha Samson an Australian citizen, on March Supreme Court Ruling 1, 1987. On May 18, 1989 a decree of divorce A judge can order a partial reconsideration of a dissolving the marriage was issued by the case that has not yet attained finality, as in the Australian Family Court. case at bar. On June 26, 1992, Recio became an The Supreme Court goes further to say that the Australian citizen. Subsequently, he entered court can modify or alter a judgment even after into marriage with petitioner, a Filipina, on the same has become executory whenever January 12, 1994. Starting October 22, 1995, circumstances transpire rendering its decision petitioner and respondent lived separately unjust and inequitable, as where certain facts without prior judicial dissolution of their and circumstances justifying or requiring such marriage. modification or alteration transpired after the On March 3, 1998, petitioner filed a complaint judgment has become final and executory and for Declaration of Nullity of Marriage on the when it becomes imperative in the higher 11 | ground of bigamy. Recio contended that his interest of justice or when supervening events PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 judgment has become final and executory and recognized illegitimate children can inherit. Will Y, a when it becomes imperative in the higher recognized illegitimate child of the deceased, be interest of justice or when supervening events entitled to inherit? warrant it. ANSWER: No, because under the law of his As a general rule, divorce decrees obtained by father’s country, he has no right to inherit. This is so foreigners in other countries are recognizable even if the lands are found in the Philippines. What in our jurisdiction. But the legal effects thereof, should control is the national law of the deceased. e.g. on custody, care and support of the (Art. 16, par. 2, Civil Code). children, must still be determined by our courts. Renvoi Problem Before our courts can give the effect of res Renvoi literally means a referring back; the problem judicata to a foreign judgment, such as the award of custody to Wolfgang by the German arises when there is a doubt as to whether a reference in our law (such as Art. 16, par. 2 of the Civil Code) to court, it must be shown that the parties opposed to the judgment had been given a foreign law (such as the national law of the ample opportunity to do so on grounds allowed deceased) — a. is a reference to the INTERNAL law of said foreign under Rule 39, Section 50 of the Rules of Court (now Rule 39, Section 48, 1997 Rules of Civil law; or b. is a reference to the WHOLE of the foreign law, Procedure). including its CONFLICTS RULES In the present case, it cannot be said that private respondent was given the opportunity to challenge the judgment of the German court Doctrine of Lex Loci Celebrationis so that there is basis for declaring that judgment as res judicata with regard to the ARTICLE 17. The forms and solemnities of rights of Wolfgang to have parental custody of contracts, wills, and other public instruments their two children. The proceedings in the shall be governed by the laws of the country German court were summary. As to what was in which they are executed. the extent of Carmen’s participation in the When the acts referred to are executed proceedings in the German court, the records before the diplomatic or consular officials of remain unclear. the Republic of the Philippines in a foreign Absent any finding that private respondent is country, the solemnities established by unfit to obtain custody of the children, the trial Philippine laws shall be observed in their court was correct in setting the issue for execution. hearing to determine the issue of parental custody, care, support and education mindful Prohibitive laws concerning persons, of the best interests of the children. their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered Doctrine of Lex Rei Sitae ineffective by laws or judgments promulgated, or by determinations or ARTICLE 16. Real property as well as personal conventions agreed upon in a foreign country. property is subject to the law of the country (11a) where it is situated. However, intestate and testamentary Lex loci celebrationis successions, both with respect to the order of Law provides clearly that the forms and solemnities of succession and to the amount of public instruments, wills, and contracts shall be successional rights and to the intrinsic governed by the laws of the country where they are validity of testamentary provisions, shall be executed. regulated by the national law of the person Example: Contract entered into by a Filipino in whose succession is under consideration, China will be governed by Chinese law insofar as whatever may be the nature of the property form and solemnities of the contract are concerned. and regardless of the country wherein said Thus also, if a power of attorney is executed in Texas, property may be found. (10a) Texan laws. Law Governing Real Properties. Formalities for the Acquisition, Encumbering, or Property, whether real or personal, is as a rule Alienation of Property governed by the lex rei sitae (law of the place where Formalities for the acquisition, encumbering and the property is situated). (Art. 16, par. 1) alienation of property (whether real or personal) shall however, be governed not by the lex loci celebrationis GR: The law of the country where the real property is but by the lex rei sitae. (See Art. 16, par 1) situated shall be the governing law over such real property Rule of Exterritoriality (Art 17, par. 2) XPN: Diplomatic and consular officials are representatives (a) the order of succession; of the state. Hence, any act or contract made in a (b) the amount of successional rights; foreign country before diplomatic and consular (c) the intrinsic validity of the provisions of the will; officials must conform with the solemnities under and Philippine law. (d) the capacity to succeed. (Article 16, par. 2 and Article 1039 of the Civil Code) Prohibitive Laws (Art. 17, par. 3) Philippine public policy laws and rules cannot be Example: In country X, even recognized illegitimate rendered useless by foreign statutes or decisions, children are not allowed to inherit. A citizen of country even treaties. Moreover, foreign law should not be X dies in the Philippines, with some of his parcels of applied when its application would work undeniable land located in our country. Under our laws, injustice to the citizens or residents of the forum. To give justice is the most important function of law; 12 | PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 hence, a law, or judgment or contract that is obviously unjust negates the fundamental principles of Conflict of Laws. (G.R. No. 193707) Intrinsic Validity of Contracts The prevailing rule in Private International Law today is to consider the lex loci voluntatis (the law of the place voluntarily selected) or the lex loci intentionis (the law of the place intended by the parties to the contract). Doctrine of Lex Loci Solutionis Lex loci solutionis "law of the place of performance" Matters connected with the performance of contracts are regulated by the law in force at the place of performance. Remedies, such as the bringing of suit, admissibility of evidence, and the statute of limitations, depend upon the law of the place where the action is brought. Bellis vs Bellis, GR No. L-23678, June 6, 1967 A resident and citizen of Texas executed a will in the Philippines directing the distribution of his estate to his first wife, illegitimate children, and his legitimate children. The American died and the executors carried out his will. Two of his illegitimate children filed a case alleging that they were deprived of their legitimes under Philippine laws, even if Texas has not provided for legitimes in their laws. Supreme Court Ruling It is therefore evident that whatever public policy or good customs may be involved in our System of legitimes, Congress has not intended to extend the same to the succession of foreign nationals. For it has specifically chosen to leave, inter alia, the amount of successional rights, to the decedent's national law. Specific provisions must prevail over general ones. Art. 16 a specific provision in itself which must be applied in testate and intestate succession, versus the 2nd paragraph of Art. 17. Rule in Case of Conflict Between the Civil Code and Other Laws ARTICLE 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (16a) GR: Special law prevails. NCC is only suppletory. XPN: Otherwise provided for under the Civil Code. When the Civil Code is Superior Example of such instances: (a) Common carriers — The Code of Commerce supplies the deficiency. (Art. 1766, Civil Code). (b) Insolvency — The special laws supply the defi ciency. (Art. 2237, Civil Code). 13 | PERSONS AND FAMILY RELATIONS | Atty. MBL | Sta. Maria, Paras, Beda Notes, UST GN | Banza | A.Y. 2024-2025 HUMAN RELATIONS Art. 20 Art. 21 Nature of Act The act is The act is Principle of Abuse of Rights contrary to law. contrary to morals, good ARTICLE 19. Every person must, in the customs, exercise of his rights and in the performance or public policy. of his duties, act with justice, give everyone Intent The act is done The act is done his due, and observe honesty and good faith. either willfully willfully. or negligently Rationale: Formulated to present some basic principles that are to be observed for the rightful Q: A, a married man, and B, an unmarried woman, relationship between human beings and the stability entered into a written agreement to marry each other of the social order. when A becomes a widower. After becoming a widower, A married another woman. Can B sue A for Elements: breach of promise? (1) There is a legal right or duty; A: No, insofar as moral damages are concerned. (See (2) which is exercised in bad faith; above discussion.) Moreover, to engage in such a (3) for the sole intent of prejudicing or injuring promise during the lifetime of another’s spouse would another. (Albenson Enterprises Corp. v. Court of be contrary to good morals and good customs, and Appeals, 217 SCRA 16) the agreement, even on that ground alone, must be considered void. Article stresses the ff: Acting with justice; Albenson Enterprises Corp vs CA, The giving to everyone his due; The observance of honesty and good faith. Albenson delivered steel plates to Guaranteed, where it was issued a check as payment for the Thus, rights must never be abused; the moment they same. are abused, they cease to be right. The check bounced and Albenson inquired with the SEC and the drawee bank to TN: determine the owner of Guaranteed/issuer of Honesty — careful regard for other’s rights and the check, who was later found to be Eugenio property. Baltao. Good faith — honest intention to avoid taking undue advantage of another. (Cui v. Henson, 51 Phil. 612) Albenson demanded for payment from Baltao