FINALS REVIEWER

Persons and Family Relations

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

 On August 30, 1950 the Civil Code took effect, but before the New Civil Code took effect, there was a ruling Civil Code
which is the Civil Code of Spain.

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

 If a law is published both in the Official Gazette or newspaper the first to publish will be the one that starts the
counting until date of effectivity.
 The period must not be lower than 15 days “unless otherwise stated”
 Under the Local Government Code Section 59, ordinances take effect 10 days after the publication.

Article 3. Ignorance of the law excuses no one from compliance therewith.

 Conclusive presumption- concludes that everybody knows the law.

Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void. except the law itself
authorizes their validity.

Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good
customs, or prejudicial to a third person with a right recognized by law.

 Waiver of support in arrears is allowed.

 Waiver of future support is invalid.
 You cannot waive parental obligations or custody.
 There are instances when you can waive parental obligation or custody, by giving up your child for adoption.

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by
disuse, or custom or practice to the contrary.

When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter
shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the
laws or the Constitution.

Paragraph 1

 Laws CANNOT be repealed by Executive Order or Presidential Decree because they are not laws
 Repeal of the law may be a total repeal or just partial repeal.
 There is implied repeal if there is inconsistency and irreconcilable conflict, in such case, the prior law is repealed, if
there is none it is considered mainly as a continuation of the former law.

Paragraph 2

Hierarchy of Laws

CONSTITUTION

LAWS

ADMINISTRATIVE ACTS ETC.,

must be in accordance with the law and the constituition
RULES AND REGULATIONS
Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system
of the Philippines.

 Supreme Court decisions are considered the guiding principles.

Principle of Stare Decisis

VERTICAL
Everybody follows the Supreme
Court decisions; Executive,
Legislative and lower courts; it is
compulsory
HORIZONTAL
When the previous decision of
the Supreme Court is the same
as the Supreme Court decision at
present the Supreme Court may
or may not apply the doctrine of
stare decisis; however, they
must justify why there has to a
departure from the previous
Supreme Court decision.

Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of
the laws.

Article 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body
intended right and justice to prevail.

 Congress intended right and justice to prevail.

 Constitutionality of a statute must be decided en banc.
 Presumed constitutionality of statutes.

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

 Custom is a rule of human action established by repealed acts and uniformly observed or practiced as a rule of
society.
 Custom is not universal, it is limited in area of practice.
 If there is a custom contrary to the constitution and public order it cannot be a source of rights.

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

 Judicial admissions are facts you no longer need to prove.

 Judicial Notice are facts you no longer need to prove because it is presumed that the court knows them.
 Laws enjoy conclusive presumption, customs however do not enjoy conclusive presumption.

Article 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three
hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall computed by the number of days which they respectively
have.

In computing a period, the first day shall be excluded, and the last day included.

 First day excluded, last day included.

 Article 13 does not apply to laws.
 Year = 365 days
if designated by name it shall be computed with
Months = 30 days
the respective days they have
Day = 24 hours
Night = sunset to sunrise
12 months = 360 days
1 year = 365 days
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 stipulation.

 refer to generality and territoriality

Article 15. Laws relating to family rights and duties or to the status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though living abroad.

 Personal Law: Nationality or National Law

o applied regardless of whether you live in the country or abroad

Article 16. Real property as well as personal property is subject to the law of the country where it is situated.

However, intestate and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the
national law of the person whose succession is under consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found.

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INTESTATE TESTAMENTARY MIXED

•you die without •you have a valid •you died with a

a will or died will valid will but
but the will is does not cover
void all estate
"intestate"

Two Types of Will:

1.) Notarial – must be notarized; 3 witnesses

2.) Holographic – completely in the handwriting of the creditor with the date and signature