CHAPTER I (Day 1 discussion meeting)

• REPUBLIC ACT NO. 386


  AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
• CHAPTER 1


  Effect and Application of Laws
• ARTICLE 1.


  This Act shall be known as the “Civil Code of the Philippines.
• ARTICLE 2


  Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.
• E.O 200(June 18, 1987)


  The publication on law not only through the Official Gazette but also through the newspapers
• The Republic Act No. 386 took effect on August 30, 1950
• ARTICLE 3

  Ignorance of the law excuses no one from compliance therewith. (Ignorantia legis neminem excusat)
• ARTICLE 4.


  Laws shall have no retroactive effect, unless the contrary is provided.
• Article 4. Exception when law may be given retroactive effect;

  When the law expressly provides for retroactivity.

  When the law is curative or remedial. (If intend to cure something committed in the past for justice)

  When the law procedural.

  When the law is penal in character and favorable to the accused.
• ARTICLE 5.

  Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.
• Mandatory law


  Required or obligated to do
• Prohibitory law

  Prohibits what you do
• Article 5. Exceptions


  When the law itself authorizes its validity. (gambling, lotto, talpak)

  When the law itself authorizes its validity, but punishes the violator.

  When the law merely makes the act voidable. (Forced to do due to intimidation)

  When the law declares the act as void, but recognizes legal effects as arising from it. (Children that are born in void marriage)
• 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.
• Article 6. Exception

  Waiver is the intentional relinquishment of a known right. (through contract)

  The one make a waiver is know the existence of the rights.

  Voluntarily renounce the right.
• 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  Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.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.
• Repeal of law is the legislative act of abrogating through a subsequent law the effects of a previous statute or portions thereof. Repeal is either express or implied. An implied repeal takes place when a new law contains provisions contrary to or inconsistent with those of a former without expressly repealing them. An express repeal is one which is literally declared by a new law, either either in in specific terms, as where particular laws and provisions are named and identified and declared to be repealed.
• ARTICLE 8.(Legis interpretation legis vim obtinent)


  Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. (assume same authority statute itself)(Miranda VS Arizona dismissed)
• ARTICLE 9.

  No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (He must always be guided by equity, fairness, and a sense of justice.)
• 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.  (If there is ambiguity in the law, interpretation of the law requires fidelity to the legislative purpose)
• ARTICLE 11.


  Customs which are contrary to law, public order or public policy shall not be countenanced.
• ARTICLE 12


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


  Defined as a rule of conduct formed by repetition of acts, uniformly observed(practiced) as a social rule, legally binding and obligatory.
• The custom must be proved as a fact, according to the rules of evidence. This fact, however, should possess the following requisites,

  Plurality of acts,

  Uniformity of acts:

  General practice by the great mass of the people of the country or community,

  Continued practice for a long period of time,

  General conviction that the practice is the proper rule of conduct; and

  Conformity with law, morals or public policy.
• 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 be 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.(LEGAL PERIOD DURATION)
• 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.
• 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. (A person who has citizenship of the Philippines is affected of the law and rights of the Philippines even though he is in another country or abroad)
• Law

  It is considered as the ''Instruction from the maker'
• Law general sense


  Defined as the science of moral laws based on the rational nature of man. (Which governs his free activity)
• Law specific sense


  Defined as a rule of conduct, just obligatory, promulgated by legitimate authority, and common observance and benefit.
• CIVIL CODE consists of 4 books;

  Book 1 Persons

  Book 2 Property, ownership, and its modifications

  Book 3 Different modes of acquiring ownership

  book 4 Obligations and contracts
• Civil Code

  The compilation of rules about the non-criminal act in nature relating to civilian matters and concerns. That has a total of 2270 articles and 4 books that govern the conduct of the people in family relations, persons, property relations, ownership, obligation, and contracts.
• Legis interpretation legis vim obinent

  It means the interpretation placed upon the written law by a competent court has the force of law