CIVIL LAW REVIEW I LECTURE SERIES
Articles 1 to 36, New Civil Code
For: University of San Agustin
School of Law
General Luna Street, Iloilo City
SY 2016-2017, 1st Semester
By: Atty. Eduardo T. Reyes, III
Article 1. This Act shall be
known as the Civil Code of the Philippines.
Article 8. Judicial decisions
applying or interpreting the laws or the Constitution shall form part of the
legal system of the Philippines.
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.
Civil Law v. Common Law system
Civil Law- Mass of precepts that
determine or regulate relations among members of family, society for the
protection of private interests.
· Written law as basis for civil
law
· Justice Ginsburg of US Supreme
Court opines that : “there is no such thing as stare decisis in
civil law regimes”. Courts look not to prior decisions as precedents but to the
statute itself with its inexorably one interpretation. (No alternative
interpretation.)
· “Although Holmes once famously
said that the law is not a great brooding omnipresence waiting to be
discovered, in European countries, that is exactly the case. There can only be
one correct interpretation, and any opinion by a member of the court
disagreeing with the proper conclusion would be seen not as an alternative
interpretation but as an error. If the interpretation of the court
wreaks hardship, then the solution lies in the hands of lawmakers, not judges”.[1]
· France, Germany, all courts of
continental Europe
Common law system- evolved from
jurisprudence.
· Great Britain, Commonwealth
members and the United States
· “The life of the law had not been
logic but experience. The felt necessities of the times, the prevalent moral
and political theories, intuitions of public policy, avowed or unconscious,
even the prejudices which judges share with their fellow men, have a good deal
more to do than the syllogism in determining the rules by which men should be
governed”[2].
· SOCIOLOGICAL JURISPRUDENCE-
Belief that judges had to take into account economic, social, and political
facts in addition to legal theory when determining a case.
· LEGAL REALISM- many factors
influence legal outcomes, of which the law itself was but one.
1.
China’s Civil Code. “Code Red”
. Beijing. China finally starts to organize its legal principles.[1]
“The
National People’s Congress (NPC), China’s rubber-stamp parliament, wrapped up
its annual session on March 15th. Usually its business is
unremarkabale. This year, however, a piece of legislation that was passed on
the final day may prove unusually important. It is known by the unlovely name
of the General Principles of Civil Law. It sets the stage for China to pass its
first civil code, an overarching law governing legal disputes other than those
involving crimes. X x xx
China
has a civil law system, which means that statutes are essential reference for
judges. (In common-law countries such as Britain and America, verdicts are also
decided according to precedent, ie., previous rulings by courts.) But under
Communist rule, China has muddled through without a unified civil code. It has
bits of one. It passed an inheritance law in 1985, a contract law in 1999 and a
property law in 2007. X x xThe country has been trying to write a civil code
since 1954. But China’s then ruler, Mao Zedong, was lukewarm about it- he did not
want any law that might restrict his power. X x xIn 2014 they decided to try
again, aiming to write one by 2020. This week’s approval of the code’s general
principles is the first fruit. It covers everything from individual rights and
the statute of limitations to whether fetuses can own property (they can).”
2. -Article 8 of the New Civil Code ;
“Pro Hac Vice” ruling
Pro
hac vice means a specific decision does not constitute a precedent because the
decision is for the specific case only, not to be followed in other cases. A
pro hac vice decision violates statutory law - Article 8 of the Civil Code -
which states that "judicial decisions applying or interpreting the laws I
or the Constitution shall form part of the legal system of the
Philippines." The decision of the Court in this case cannot be pro hac
vice because by mandate bf the law every decision of the Court forms part of
the legal system of the Philippines. If another case comes up with the same
facts as the present case, that case must be decided in the same way as this
case to comply With the constitutional mandate of equal protection of the law.
Thus, a pro hac vice decision also violates the equal protection clause of the
Constitution.
-KNIGHTS
OF RIZAL, Petitioner, EN BANC G.R. No. 213948 Present: SERENO, C.J., CARPIO,
VELASCO, JR., LEONARDO-DE CASTRO, PERALTA, 1 - versus - I DMCI HOMES, INC.,
DMCI PROJECT DEVELOPERS, INC., CITY OF MANILJ\., NATIONAL COMMISSION FOR CUJ,
TURE AND THE ARTS, NATIONAL MUSEUM, and : NATIONAL HISTORICAL BERSAMIN, DEL
CASTILLO, MENDOZA, REYES, PERLAS-BERNABE, LEONEN, JARDELEZA, CAGUIOA, MARTIRES,
and TIJAM,JJ. COMMISSION OF THE PHILIPPINES, Promulgated: Respondents. April 2
5 2O1 7
Article 2. Laws shall take effect
after fifteen days following the completion of their publication in the
Official Gazette or in a newspaper of general circulation in the
Philippines[3], unless it is otherwise
provided. This Code shall take effect one year after publication.
· Tanada v. Tuvera, 146 SCRA 446
· Nagkaisang Maralita ng Sitio
Masigasig, Inc. v. Military Shrine Services, G.R. No. 187587, June 5, 2013.
· THE CLAUSE “UNLESS IT IS
OTHERWISE PROVIDED”. – solely refers to the 15 day period and not to the
requirement of publication. Publication is an indispensable requirement.
· A. Law is silent; B. Law provides
for shorter or longer period; and, C. Law says it shall take effect
“immediately”.
· Farinas v. Exec. Secretary (417
SCRA 503, 2003)- law shall become effective 15-days after completion of
publication
· La Bugal B’ Laan v. Ramos (421
SCRA 148, 2004)- Immediately upon its publication
Article 3. Ignorance of the law
excuses no one from compliance therewith.
Exceptions:
1) Mistake upon a difficult or
doubtful question of law may be the basis of good faith (Art. 526 [3], NCC)
2) Mutual Error as to the legal
effect of agreement (Art. 1334, NCC)
3) Payment by reason of a mistake in
the construction or application of a doubtful or difficult question of law
(Art. 2155, NCC)
Article 4. Laws shall have no
retroactive effect, unless the contrary is provided.
Exceptions:
1) When the law expressly provides
for retroactivity, i.e., Family Code, Art. 256
2) When the law is curative or
remedial
3) When the law is procedural
4) When the law is penal in nature
and favourable to the accused.
Article 5. – Self-explanatory
Article 6. Rights may be waived,
unless the waiver is contrary to law, public policy, morals or good customs, or
prejudicial to a third person with a right recognized by law.
· RIGHT must be in existence and
exercised by a duly capacitated person.
· Right v. Obligation
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.
-self-explanatory
Articles 11, 12 and 13.
–Self-explanatory
- Law speaks of years, months, days
or nights.
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.
-Nationality rule.
- related to 2nd para.
Article 26, New Family Code
Article 16. Real property as well
as personal property is subject to the law of the country where it is situated.
Exceptions:
1) The order of succession
2) Amount of successional rights
3) Intrinsic validity of
testamentary provisions
4) Capacity to succeed
Article 17. The forms and
solemnities of contracts, wills, and other public instruments shall be governed
by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular
officials of the Republic of the Philippines in a foreign country, the solemnities established
by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which
have for their object public order, public policy and good customs shall not be
rendered ineffective by laws or judgment promulgated, or by determinations or
conventions agreed upon in a foreign country.
-See Revised Penal Code, Act
3815, as amended, Article 2.
-“Application of its provisions.-
Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone,
but also outside of its jurisdiction, against those who:
1) Should commit an offense while on
a Philippine ship or airship;
2) Should forge or counterfeit any
coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3) Should be liable for acts
connected with the introduction into these islands of the obligations and securities
mentioned in the preceding number;
4) While being public officers or
employees, should commit an offense in the exercise of their functions; or
5) Should commit any of the crimes
against national security and the law of nations, defined in Title One of Book
Two of this Code.”
Article 19. Every person must, in
the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and good faith.
Article 20. Every person who,
contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same.
Article 21. Any person who
wilfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the
damage.
· Manuel Go Cinco v. CA et al.,
G.R. No. 151903, October 9, 2009
· A right, though by itself legal
because recognized or granted by law as such, may nevertheless become the
source of some illegality.
· “The elements of an abuse of
right under Article 19 are the following: (1) There is a legal right or duty;
(2) which is exercised in bad faith; (3) for the sole intent of prejudicing or
injuring another x x x”.[4]
· There is a common element under
Arts. 19 and 21, and that is, the act must be intentional. However, Art. 20
does not distinguish: the act may be done either wilfully or negligently.
· “Is not a panacea for
all hurts and pains”.
Article 22. Every person who
through an act or performance by another, or any other means, acquires or comes
into possession of something at the expense of the latter without just or legal
ground, shall return the same to him.
Article 23. Even when an act or
event causing damage to another’s property was not due to the fault or
negligence of the defendant, the latter shall be liable for indemnity if
through the act or event he was benefitted.
· Requisites: (1)An enrichment; (2)
a corresponding deprivation; and (3) Absence of any juristic reason for the
enrichment
· “Palm-tree justice doctrine”
· Driving force is spirit of
neighbourliness and should not be borne out of avarice or gain
· Republic v. Ballocanog,[5]- a person in good faith invested
money to develop and grow fruit-bearing trees on land which he believed as his
own but turned out to be timberland which belonged to the State.
Articles 24, 25 , 26 and 27.
Self-explanatory.
Nevertheless,
· Alienation from friends impacts a
person psychologically and socially
Article 28. Unfair competition.
Article 29. Civil Action.
Article 32. Any public officer or
employee, or any private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs any of the following
rights and liberties of another person shall be liable for damages: x x x x”.
Civil Liberties.
· Good faith not a defense.
· Malice or bad faith not a
requisite.
· However, Judges. “The
responsibility herein set forth is not demandable from a judge unless his act
or omission constitutes a violation of the Penal Code or other penal statute”[6].
Justice Louis Brandeis,
dissenting in Olmstead v. United States (1928) otherwise known “Alcohol
Prohibition case on wiretapping”: “The Fourth Amendment protects people, not
places. The greatest dangers to liberty lurk in insidious encroachment by men
of zeal, well-meaning but without understanding”.
Articles 30 to 36.
· Basic rule: Criminal proceedings
occupy a higher tier in the order of priority.
· When civil action is filed first,
and criminal action is subsequently filed, the civil action has to be
suspended.
· When criminal action was filed
ahead, civil action cannot be instituted until final judgment has been entered
in the criminal action.
· Exception: Articles 32,33,34 and
2176. Independent Civil Actions.
· Prejudicial question. (1) the
civil action involves an issue similar or intimately related to the issue
raised in the criminal action; and (2) the resolution of such issue determines
whether or not the criminal action may proceed.
· Note: Civil Code does not
distinguish as to whether civil action must have been “previously instituted”.
BUT, See Sec. 7, Rule 111 of 2000 Rules on Criminal Procedure.
[1] P. 333, DISSENT AND THE SUPREME COURT, ITS ROLE IN THE
COURT’S HISTORY AND THE NATION’S CONSTITUTIONAL DIALOGUE, by Melvin I. Urofksy
[2] THE COMMON LAW (1881) , by Oliver Wendell Holmes, Jr.
(Legal Philosopher, US Supreme Court Justice).
[3] Amended by Exec. Order No. 200 by Pres. Corazon Aquino
[4] Albenson Enterprises Corp. v. CA, 217 SCRA 16
[5] G.R. No. 163794, November 28, 2008
[6] Esguerra v. Gonzales-Asdala, G.R. No. 168906, December
4, 2004
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