ARTICLE 1-5 CIVIL CODE

Question 1

When do laws become effective?

Answer 1

An ordinary law takes effect:

(a) On the date it is expressly provided to take
effect.
(b) If no such date is made, then after 15 days
following the completion of its publication in the
Official Gazette or in a newspaper of general
circulation. – Which means on the 16th day after
the complete publication, if voluminous, the
release of the last series.

A law which provides for its immediate effectivity upon
approval becomes effective ONLY after its complete
publication and NOT IMMEDIATELY after its signing by the President.

Question 2

Article 2 of the Civil Code(as amended) states “unless otherwise provided”. What does this mean?

Answer 2

Meaning of “Unless it is otherwise provided”
The phrase refers to the DATE OF EFFECTIVITY, and not to the REQUIREMENT OF PUBLICATION.

PUBLICATION IS INDISPENSABLE, in other words, no law can become immediately effective upon approval without publication. To rule otherwise, is to run into collision with the constitutional requirement of the due process clause of the Constitution.

Question 3

T or F
Generally, laws, to become effective, have to be published in the Official Gazette or in a newspaper of general circulation.

Answer 3

True.

Question 4

Generally, what laws must be published for them to be effective?

Answer 4

Laws that Need Publication
All statutes, including those of local application and private laws shall be published as a condition for their effectivity, which shall begin after fifteen days following their publication unless a different date is fixed by the
legislature.

In Tanada vs. Tuvera, the word laws includes all laws and not only to those of general application, even if some do not apply to all directly, for the subject of law is a matter of public interest. In fact, for laws to be valid the law must invariably affect the public interest even if it is applicable some and not to all.

Question 5

Contrary to the general rule, what laws do not need publication for them to be effective?

Answer 5

1. Internal instructions/regulations of Administrative agencies
2. Letters of Instruction issued by an administrative superior as guidelines for subordinate offices

These are of internal character and need not be published.

Question 6

A law was published and was to take effect immediately. When will it take effect?

Answer 6

One day after complete publication.

Question 7

T or F

Publication of a law, to be effective, must be complete.

Answer 7

True. Publications of statutes must be in full or it is no publication at all. Since publication is to inform of the full contents of the law, the mere mention of number, title, effectivity and whereabouts is not even substantial compliance.

Question 8

T or F
For Supreme Court rulings to be binding and effective, it must be published in the Official Gazette or in newspapers of general circulation.

Answer 8

False. There is no law requiring the publication of Supreme Court decision in the Official Gazette before they can be binding and as a condition to be effective.

It is the bounden duty of counsel as lawyer in active law practice to keep abreast of decision of the SC
particularly where issues have been clarified, constantly reiterated, and published in the GRs (General Register) and the SCRAs (Supreme Court Reports Annotated)

Question 9

What is considered a newspaper of general circulation?

Answer 9

Newspaper of General Circulation
• Made within court’s jurisdiction
• Published at regular intervals for the dissemination of local news and general information
• With a bona fide subscription list of paying subscribers
and if it is not devoted to the interested or published
for the entertainment of a particular class, profession,
race of religious denomination.

Question 10

When do laws become effective?

Answer 10

An ordinary law takes effect:
(a) On the date it is expressly provided to take
effect.
(b) If no such date is made, then after 15 days
following the completion of its publication in the
Official Gazette or in a newspaper of general
circulation. – Which means on the 16th day after
the complete publication, if voluminous, the
release of the last series.
A law which provides for its immediate effectivity upon
approval becomes effective ONLY after its complete
publication and NOT IMMEDIATELY after its signing by the President.

Question 11

What does ignorance mean?

Answer 11

Ignorance is the state of being unaware or uninformed of something.

Black’s Law Dictionary: Ignorance means want or absence of knowledge.

Question 12

Differentiate ignorance of law and ignorance of fact.

Answer 12

Ignorance of law – is want of knowledge or acquaintance with the laws of the land (Ignorantia legis non excusat)

Ignorance of fact – is want of knowledge of some fact to the subject matter in hand. (Ignorantia facti excusat)

Question 13

T or F
Central Bank Circulars which are punitive in nature and are issued in implementation of the law are effective even if not published.

Answer 13

False, it is not effective unless first properly published.

Question 14

T or F
Executive Orders which are punitive in nature and are issued in implementation of the law are effective even if not published.

Answer 14

False, it is not effective unless first properly published.

Question 15

T or F

The rule that ignorance of the law excuses no one covers all and is applied to all domestic laws.

Answer 15

False. It covers all domestic laws, but is ONLY APPLIED TO MANDATORY OR PROHIBITIVE LAWS and NOT TO PERMISSIVE AND SUPPLETORY LAWS.

Question 16

What is the doctrine of processual presumption?

Answer 16

The doctrine of processual presumption is a concept wherein a foreign law is a matter of fact which must be proven with evidence. In the absence of contrary evidence, it is presumed to be the same as our domestic law.

THE PARTY WHO CLAIMS THE APPLICABILITY OF A FOREIGN LAW HAS THE BURDEN OF PROOF, AND WHERE THE SAID PARTY HAS FAILED TO DISCHARGE THE BURDEN, PHILIPPINE LAW APPLIES.

Question 17

How does one party prove with evidence that a foreign law is applicable when applying the doctrine of processual presumption?

Answer 17

Rule 132 Sections 24 and 25 provides on how doctrine of processual presumption is proven:

1. Show proof of relevant laws by presenting:
   a. Official publication of the law, OR
   b. Copy attested to by officer having legal custody of
   the foreign law.
2. If the official records are not kept in the PH, the copy must be:
   a. accompanied by a certificate issued by a proper diplomatic officer
   b. authenticated by the seal of his office

Question 18

T or F

Laws shall have no retroactive effect.

Answer 18

False, incomplete. Laws shall have no retroactive effect, unless the contrary is provided. (ART 4)

Question 19

T or F

Generally, the effectivity of laws is to operate prospectively.

Answer 19

True.

Question 20

What laws may be given retroactive application?

Answer 20

1. Remedial Laws - laws which provide for the methods of enforcing rights or obtaining redress for their violation
2. Penal Laws Favorable to the accused or convict
3. Curative Laws - laws intended to correct errors or irregularities in judicial or administrative proceedings, acts of public officers, or private deeds and contracts
4. Emergency Laws - laws intended to meet exigencies which require immediate action
5. Laws creating new rights -
6. Tax laws

Question 21

T or F

“Judge-made laws” aka jurisprudence are prospective in application.

Answer 21

True. (Co vs CA)
“The principle of Prospectivity of statutes, original or amendatory, shall apply to judicial decisions, which, although in themselves are not laws, are nevertheless evidences of what the law means.

Question 22

What is a mandatory provision?

Answer 22

Mandatory provision in a statute is one, the omission to follow which, renders the proceedings to which it relates VOID. (MUST BE OBSERVED) Characterized by “SHALL”

Example: ART 739 prohibits the making of donations to certain persons.

Donations between husband and wife then is void because Art 739 is a mandatory provision.

Question 23

What is directory provision?

Answer 23

Directory provision is one, the observance of which is not necessary to the validity of the proceeding. (OPTIONAL) Characterized by “MAY”

Question 24

What are the ways in which an act or contract that is contrary to a mandatory law is made valid?

Answer 24

There are 4 ways:
1. By expressly validating the contract
(Bigamy is punished under ART 349 of RPC. If bigamy is committed under the circumstances provided in Art 41 of the Family Code, the subsequent bigamous marriage is considered valid.) *Art 41 is presumption of death of spouse and he/she can marry after 4 or 2 years after the other has gone missing.

2. By making the invalidity dependent upon the will of the injured party, such as voidable or annullable contracts
   (Consent in marriage is vitiated by violence or intimidation renders said marriage voidable. The victim may or may not opt to annul the marriage)
3. By punishing it criminally but validating the act
   (Widow marries within the prohibited period of 301 days, subsequent marriage is considered valid but without prejudice to her criminal liability)
4. By invalidating the act but recognizing the legal effects as flowing from the invalid act.
   (Marriage of a party suffering from psychological incapacity is void but children born before the declaration of nullity of marriage are considered legitimate.

Question 25

T or F
Section 5 of the Bill of Rights under our Constitution recognizes the RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF PUBLIC CONCERN.

Answer 25

FALSE. SECTION 6 OF BILL OF RIGHTS.

Question 26

Article 2 provides that:

Laws shall take effect after 15 days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines unless otherwise provided.

What does “Laws” refer to?

Answer 26

The term “Laws” should refer to all laws and not only those of general application, for strictly speaking all laws relate to the people in general albeit there are some that do not apply to them directly.

Question 27

T or F
A law without any bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of the legislature.

Answer 27

True.

Question 28

T or F
To be valid, the law must invariably affect the public interest even if it might be directly applicable only to one individual or some of the people only, and not to the public as a whole.

Answer 28

True.

Question 29

T or F
Presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or, at present, directly conferred by the Constitution.

Answer 29

True.

Question 30

T or F
Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation.

Answer 30

True.

Question 31

T or F

Interpretative regulations and those merely internal in nature need not be published.

Answer 31

True

Question 32

T or F

Letters of instructions issued by administrative superiors need not be published.

Answer 32

True.

Question 33

T or F

A charter of a city must be published notwithstanding that it applied to only a portion of the national territory.

Answer 33

True

Question 34

T or F
The circulars issued by the Monetary Board must be published if they are meant not merely to interpret but to “fill in the details” of the Central Bank Act.

Answer 34

True.

Question 35

T or F
Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the laws.

Answer 35

True.

Question 36

The days of secret laws and the unpublished decrees are over. This is once again an open society with all the acts of the government subject to public scrutiny and available always to public cognizance. This has to be so if our country is to remain democratic, with sovereignty residing in the people and all government authority emanating from them.

Answer 36

Laws must come out in the open in the clear light of the sun instead of skulking in the shadows with their dark, deep secrets. Mysterious pronouncements and rumored rules cannot be recognized as binding unless their existence and contents are confirmed by a valid publication intended to make full disclosure and give proper notice to the people. The furtive law is like a scabbarded saber that cannot feint, parry or cut unless the naked blade is drawn.

Question 37

In the case of Villafuerte vs Cordial, why was Resolution No 13-2013 (Rules of Procedure on the Investigation of Administrative and Disciplinary Cases against the Elected Municipal Officials) not needed to be published?

Answer 37

It need not be published because the publication requirement anent ordinance and resolutions of local government units WAS GOVERNED BY THE LOCAL GOVERNMENT CODE AND NOT BY THE CIVIL CODE.

Also, it is not penal in nature as it does not provide for any sanction or punishment nor a tax measure.

MUNICIPAL ORDINANCES ARE NOT COVERED BY THE CIVIL CODE, BUT BY THE LOCAL GOVERNMENT CODE.

Question 38

T or F

MUNICIPAL ORDINANCES ARE NOT COVERED BY THE CIVIL CODE, BUT BY THE LOCAL GOVERNMENT CODE.

Answer 38

True

Question 39

In the case of Caranto vs Caranto, why was the petition denied?

Answer 39

The petition was denied BECAUSE THE SC IS NOT A TRIER OF FACTS, and IS BEYOND THE PURVIEW OF A PETITION FOR REVIEW UNDER RULE 45 OF THE RULES OF COURT.

Rodolfo failed to demonstrate any compelling reason that would warrant the reversal of findings of the appellate court and he FAILED TO SUFFICIENTLY PROVE THAT HE IS THE BROTHER OF THE DECEDENT JUAN, AND THEREFORE HE HAD NO SHARE IN THE ESTATE. HIS RIGHT TO INHERITANCE IS THEREFORE UNTENABLE FOR LACK OF GROUND OF BASIS.

Question 40

T or F
Rule 45 of the Rules of Court lays down the rule that only questions of law should be raised in petitions filed under the said rule since factual questions are not the proper subject of an appeal by certiorari.

Answer 40

True.

Question 41

The Supreme Court generally DOES NOT ENTERTAIN QUESTIONS OF FACT. What are the exceptional instances wherein the Court admits and reviews questions of facts?

Answer 41

(1) When the conclusion is a finding grounded entirely on speculation, surmises or conjectures;
(2) When the inference made is manifestly mistaken, absurd or impossible;
(3) Where there is a grave abuse of discretion;
(4) When the judgment is based on a misapprehension of facts;
(5) When the findings of fact are conflicting;
(6) When the Court of Appeals, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee;
(7) The findings of the Court of Appeals are contrary to those of the trial court;
(8) When the findings of fact are conclusions without citation of specific evidence on which they are based;
(9) When the facts set forth in the petition as well as in the petitioner’s main and reply briefs are not disputed by the respondents; and
(10) The finding of fact of the Court of Appeals is premised on the supposed absence of evidence and is contradicted by the evidence on record.

Question 42

T or F

Procedural laws are remedial laws.

Answer 42

True.

Question 43

T or F

Procedural laws may apply retroactively to pending cases even without any explicit provision to that effect.

Answer 43

True.

Question 44

In the case of Cheng vs Sy, was the petitioner Cheng correct in insisting that the 2000 Rules on Criminal Procedure should not apply to her case because she filed the BP Blg 22 complaint in 1999?

Answer 44

No, she was in error, because PROCEDURAL LAWS APPLY EVEN TO CASES ALREADY PENDING AT THE TIME OF THEIR PROMULGATION.

Question 45

In the case of Cheng vs Sy, what was the error on the part of the public prosecutor?

Answer 45

The error on the part of the public prosecutor was that he FAILED TO APPEAL THE CIVIL ACTION impliedly instituted with the BP Blg 22 case, which was the only remedy available to the petitioner to be able to recover the sum loaned to respondents.

By this failure, the petitioner was denied her day in court to prosecute the respondents for their obligation to pay their loan.

Question 46

T or F

Clients are bound by the mistakes, negligence and omission of their counsel.

Answer 46

True.

Question 47

What are the instances wherein clients are exempted by the mistakes, negligence and omission of their counsel and therefore may seek other remedy?

Answer 47

As in the case of Cheng vs Sy, the instances are:

1. Where the COUNSEL’S MISTAKE IS SO GREAT AND SERIOUS THAT THE CLIENT IS PREJUDICED AND DENIED HIS DAY IN COURT.
2. Where the COUNSEL IS GUILTY OF GROSS NEGLIGENCE RESULTING IN THE CLIENT’S DEPRIVATION OF LIBERTY AND PROPERTY WITHOUT DUE PROCESS OF LAW

Question 48

In the case of Carolina vs Senga, was there retroactive application?

Answer 48

No. Because PD 1638 does not contain any provision regarding its retroactive application, nor the same may be implied from its language.

Article 4 of the Civil Code provides that laws shall have no retroactive effect, unless the contrary is provided.

Carolina’s retirement benefits are vested rights, and said vested rights are protected by due process.

The due process clause prohibits the annihilation of vested rights.

Question 49

T or F

Benefits received under vested rights are protected by the due process clause.

Answer 49

True. The due process clause prohibits the annihilation of vested rights. (Carolina vs Senga)

Question 50

When is a right vested?

Answer 50

A right is vested when the right to enjoyment has become the property of some particular person or persons as a present interest. (Carolina vs Senga)

Question 51

T or F
A state may not impair vested rights by legislative enactment, by the enactment or by the subsequent repeal of a municipal ordinance, or by a change in the constitution of the State, except in a legitimate exercise of the police power.

Answer 51

True.

Question 52

What does the Latin maxim Lex prospicit, non respicit mean?

Answer 52

It means “the law looks forward, not backward.”

Question 53

In the case of Kwong vs Diamond Homeowners, how was Article 4 applied?

Answer 53

The Magna Carta for Homeowners and Homeowner’s Association, under which homeowners were given the right to organize to protect and promote their mutual benefits and the power to create rules necessary to regulate and operate the subdivision facilities, DOES NOT STATE THAT IT HAS RETROACTIVE EFFECT.

Therefore, it cannot be applied to the No Sticker No ID No Entry Policy.

Question 54

T or F

As a general rule, vested rights may attach to or arise from procedural laws.

Answer 54

False. As a general rule, NO vested rights may attach to or arise from procedural laws.

Question 55

What happened in the case of Atienza vs Brillantes?

Answer 55

In sum, Brillantes argues that Article 40 of the FC does not apply to him since his first marriage was in 1965, way before the effectivity of the Family Code. He was proven wrong, since Article 256 of the FC provides for the FC’s retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.

Brillantes argued that the provision of Article 40 of the FC does not apply to him since his first marriage took place in 1965 and was therefore governed by the Civil Code and not the Family Code, while the second marriage took place in 1991 and governed by the Family Code.

However, Article 40 is APPLICABLE TO HIM BECAUSE OF ARTICLE 256 OF THE FC. Article 256 provides for the retroactivity of the Family Code insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.

Question 56

In the case of Abalos vs People, how was Article 4 applied?

Answer 56

Article 4 was not applied. In this case there was an instance of whether or not a law should be given retroactive effect if it is beneficial to the accused.

Here, RA 10951(A newer law which adjusts the penalties under RPC) was NOT GIVEN RETROACTIVE EFFECT, and the penalty under RPC prevailed, because RA 10951 penalties would not benefit the accused.