PUPCOL JURIS DOCTOR 1st Sem-2013-2014 Preliminary Title Chapter 1 Effect and Application of Laws I.

Title Definition of Law

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A. Concepts of Law. - The term law may be understood in two concepts: (1) general or abstract sense, and (2) specific or material sense. First sense equivalent to Spanish term derecho; in the second, to Spanish term ley. Same; General Sense. In the general or abstract sense, law has been defined as the science of moral rules, founded on the rational nature of man, which govern his free activity, for the realization of the individual and social ends, of a nature both demandable and reciprocal. (1 Sanchez Roman 3) Briefly, it is the mass of obligatory rules established for the purpose of governing the relations of persons in society. (1 Salvat 13) Same; Specific Sense. In a specific or material sense, law has been defined as a juridical proposition or an aggregate of juridical propositions, promulgated and published by the competent organs of the State in accordance with the Constitution. (1-I Ennecerus, Kipp & Wolf 136) It is a norm of human conduct in social life, established by a sovereign organization and imposed for the compulsory observance of all. (1 Ruggiero 5-6). Sanchez Roman defines it as a rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct for all its members. Definition of Civil Law It is that branch of the law that generally treats of the personal and family relations of an individual, his property and successional rights, and the effects of his obligations and contracts. It is that mass of precepts that determine and regulate the relations of assistance, authority, and obedience among members of a family, and those which exist among members of a society for the protection of private interests (1 Sanchez Roman, Estudios de Derecho Civil, p. 70 citing Arribas), family relations, and property rights. (1 Falcon9). Governs the relations of the members of a community with one another Definition of a Code A compilation of existing civil laws, scientifically arranged into books, titles, chapters, and subheads and promulgated by legislative authority. (Blacks Law Dictionary, p. 334). A codification may be necessary to provide for simplicity, unity, order, and reform in legislation. History of Philippine Civil Code The Civil Code is strongly influenced by the Spanish Civil Code, which was first enforced in 1889 within the Philippines, then a colony of Spain. The Spanish Civil Code remained in effect even during the American colonization of the Philippines. However, by 1940, the Commonwealth Government of President Manuel Quezon had created a Commission to create a new Civil Code. The Commission was initially headed by Chief Justice Ramon Avancea. However, the work of the Commission was interrupted by the Japanese invasion of the Philippines, and its records were destroyed during the Battle of Manila in 1945. In 1947, President Manuel Roxas created a new Code Commission, this time headed by the former Dean of the University of the Philippines College of Law Jorge Bocobo. Among the members who sat on the new Commission were future Supreme Court Associate Justice Francisco R. Capistrano, and future Vice-President Arturo Tolentino. The Commission completed the final draft of the new Civil Code by December 1947, and this was submitted to Congress, which enacted it into law through Republic Act No. 386. The Civil Code took effect in 1950.[1]

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PUPCOL JURIS DOCTOR 1st Sem-2013-2014 History of Our Civil Laws a. b.

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Prior to the present Civil Code, our civil law was premised principally on the old Civil Code (the Civil Code of Spain of 1889). Prior to the Civil Code of Spain of 1889, our civil law was found in the Recopilacion de las Leyes de las Indias with the following as supplemental laws to be applied in thefollowing order: the latest Spanish laws enacted for the colonies La Novisima Recopilacion - The Novsima Laws of Spain, published in 1806, is a law systematization Spanish , also used as a text for study during the nineteenth century . (Latest compilation). The title of a collection of Spanish law compiled by order of Don Carlos IV. in 1805. La Nueva Recopilacion - is an ancient legal body of the Spanish monarchy the Old Regime , officially sanctioned March 14 of 1567 by King Felipe II . It is based on the Laws of Toro in 1505 the Royal Ordinances of Castille - To serve as the supreme court of justice of the Kingdom of Castile Leyes de Toro (Laws of Toro) - The Laws of Toro are the result of the legislative activity of the Catholic Monarchs , set after the death of Queen Elizabeth on the occasion of the meeting of the Cortes in the town of Toro in 1505(Cortes of Toro), in a set of 83 laws promulgated on March 7 of that year on behalf of Queen Joanna of Castile . the Siete Partidas (promulgated thru the Ordenamiento de Alcala of 1384)

1. 2.

3.

4. 5.

6.

Sources of Civil Code 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Spanish Civil Code (books on property, succession and obligations and contracts) American Law (provisions on special contracts, particularly on sales,) The Civil Code of Spain The Philippine Constitution of 1935 Statutes or Laws (Philippine, American, European) Rules of Court (local and foreign) Decisions of local tribunals (particularly the Supreme Court) Decisions of foreign tribunals Customs and traditions of our people General principles of law and equity Ideas from the Code Commission itself

Some important Changes Made by the Civil Code (a) Book I The elimination of absolute divorce, the creation of judicial or extrajudicial family homes, the insertion of a chapter on Human Relations, the abolition of the dowry, greater rights for married women. (b) Book II There are new provisions on the quieting oftitle; on the creation of new easements. The provisions on the censo and use and habitation have been eliminated. Art. 1 CIVIL CODE OF THE PHILIPPINES 11 (c) Book III The holographic will has been revived; rights (successional) of the surviving spouse and of illegitimate children have been increased; the mejora or betterment has been disregarded. (d) Book IV Defective contracts have been reclassified; there is a new chapter on reformation of contracts; some implied trusts are enumerated; new quasi-contracts have been created. II. Effectivity and Publication Effectivity of Laws 1. 2. On the date it is expressly provided to take effect. (Art.2, Civil Code). If no such date is made, then after 15 days following the completion of its publication in the Offi cial Gazette (Art.2, Civil Code) or in a newspaper of general circulation.

When no Publication is Needed

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When a law provides for its own effectivity. (example November 13, 1986, upon approval) publication in the Official Gazette is not necessary so long as it is not punitive in character. This was the rule enunciated by the Supreme Court in Askay v. Casalan (46 Phil. 179) and in Balbuna v .Sec. of Education (L-14283, Nov. 29, 1960). The DO No. 08 does not punish students refusing to attned flag ceremony or otherwise the provision of the order. When Publication is Needed Unless otherwise provided, laws shall take effect after 15 days following the completion of the publication in the Official Gazette (Art. 2, Civil Code) or in a newspaper of general circulation. Computation of 15 Days The laws say after 15 days following, meaning on the 16th day following publication, not on the 15th day following: just as after Wednesday means Thursday, and not Wednesday. Publication Requirement 1. Must be punitive in Character 2. Must be published in the Official Gazette or in newspaper of general circulation Definition of Newspaper of General Circulation To be a newspaper of general circulation, it is enough that it is published for the dissemination of local news and general information, that it has a bona fide subscription list of paying subscribers, and that it is published at regular intervals. Over and above all these, the newspaper must be available to the public in general, and not just to a select few chosen by the publisher. (Alvarez vs. People of the Phil. G.R. No. 192591, June 29, 2011) This Article provides for the effectivity of two kinds of law, namely: (a) An ordinary law (b) The Civil Code NOTE: When a country is placed under martial law, the law-making authority is ordinarily vested in the Chief Executive or President or Commander-in-Chief who usually issues: (1) General Orders (which may sometimes be similar to CODES) (2) Presidential Decrees or Executive Orders (which may be similar to STATUTES) (3) Letters of Instruction or Letters of Implementation (which may be similar to CIRCULARS) (4) Proclamations (which are announcements of important things or events) III. Ignorance of the law excuses no one from compliance therewith. Discussion: Conclusive Presumption of Knowledge of Law Without the maxim, the corrupt will make social existence unbearable, abuses will increase, and ignorance will be rewarded. The legal precept that ignorance of the law excuses no one from compliance therewith is founded not only on expediency and policy but on necessity To allow a party to set up as a valid defense the fact that he has no actual knowledge of a law which he has violated is to foment (encourage) disorder in society

Ignorance of the Law [Ignorantia juris non excusat or ignorantia legis neminem excusat] Art. 3 applies to all kinds of domestic laws, whether civil or penal (Luna v. Linatoc, 74 Phil. 15; Delgado v. Alonzo, 44 Phil. 739), and whether substantive or remedial (Zulueta v.Zulueta, 1 Phil. 258) on grounds of expediency, policy, and necessity, i.e., to prevent evasion of the law. However, the maxim refers only to mandatory or prohibitive laws, not to permissive or suppletory laws [NCC, Paras] In the criminal law, although ignorance may not clear a defendant of guilt, it can be a consideration in sentencing, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials. [Wikipedia]

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When we say ignorance of the law, we refer not only to the literal words of the law itself, but also to the meaning or interpretation given to said law by our courts of justice [NCC, Paras] The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that he or she is unaware of the law in question to avoid liability, even though the person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be impossible, even for someone with substantial legal training, to be aware of every law in operation in every aspect of a state's activities, this is the price paid to ensure that willful blindness cannot become the basis of exculpation. [Wikipedia] Ignorance of the Fact While ignorance of the law is no excuse, i.e., no excuse for not complying with the law, ignorance of the fact eliminates criminal intent as long as there is no negligence. Thus, a man who marries a second wife upon the reasonable belief after due search that his wife, missing for 10 years, is dead, does not incur criminal responsibility (U.S. v. Enriquez, 32 Phil. 202) even if it turns out that the first wife is still alive. This is merely ignorance of the fact. [NCC, Paras] Doctrine of Processual Presumption The foreign law, whenever applicable, should be proved by the proponent thereof, otherwise, such law shall be presumed to be exactly the same as the law of the forum. The party invoking the application of a foreign law has the burden of proving the law under the doctrine of Processual presumption. The foreign law is treated as a question of fact to be properly pleaded and proved as the judge of the court cannot take judicial notice of a foreign law. He is presumed to know only domestic or forum law. To prove a foreign law, the party invoking it must present a copy thereof and comply with Sections 24 and 25 of Rule 132 of the Revised Rules of Court which reads: SEC. 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. SEC. 25. What attestation of copy must state. Whenever a copy of a document or record is attested for the purpose of the evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court ( ATCI Overseas Corp. vs. Echin, G.R. No. 178551, Oct 11, 2010). Example: Marriage celebrated by Kapitan in other countries, to be accepted, should be proved as fact. Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, and they are even admitted if one party wishes to lead evidence to the contrary When a court takes judicial notice of a certain fact, it obviates [prevents; eliminates] the need for parties to prove the fact in court A Judicial Notice is generally a request in writing by a party to a suit, to the judge assigned to the suit, for him or her to recognize a fact or set of facts and/ or a legal document or set of legal documents which relate(s) to the suit. A fact, to be judicially noticed by a judge, is one which is universally admitted (for example, a man requires oxygen to live), one outside the area of reasonable controversy (for example, December 25th is a legal holiday), one which is generally known within the jurisdiction of the court (for example, a name of a building, a street, a business) or one which can be verified by
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consulting a source whose accuracy cannot be questioned (for example, the day of the week on a certain date by referring to a calendar).

IV.

Prospective Application of Laws Ex-Post Facto Law [Latin, "After-the-fact" laws.] Laws that provide for the infliction of punishment upon a person for some prior act that, at the time it was committed, was not illegal. Ex post facto laws retroactively change the RULES OF EVIDENCE in a criminal case, retroactively alter the definition of a crime, retroactively increase the punishment for a criminal act, or punish conduct that was legal when committed. retroactive adj. referring to a court's decision or a statute enacted by a legislative body, which would result in an application to past transactions and legal actions. In criminal law, statutes which would increase penalties or make criminal activities which had been previously legal are prohibited by the Constitutional ban on ex post facto laws (Article III, Section 22). Most court decisions which change the elements necessary to prove a crime or the introduction of evidence such as confessions are usually made non-retroactive to prevent a flood of petitions of people convicted under prior rules. Nor can statutes or court decisions take away "vested" property rights or change contract rights. However, some decisions are so fundamental to justice they may have a retroactive effect, depending on the balance on stability of the law balanced against the public good. Retroactive is also called "retrospective."

Retroactive Law

V.

Prohibited Acts; Waived Rights; Repeal of Law; Stare Decicis (Art. 5-8) Elements of Rights 1. Its a privilege given to a person 2. Demandable of another Subjects: 1. 2. Active Subject the one entitled to such right Passive Subject - the person obliged to suffer the enforcement of the right

Kinds of Rights: 1. Real Rights - (jus in re, jus in rem) enforceable against the whole world (absolute rights); The right a holder has which gives him a direct relationship with a thing: jus in re (right in the thing) Ownership is the right to use, enjoy, dispose of property a direct relationto/right in the thing, jus in re Most complete real right. Owners right of revendicate [To reclaim; to demand the restoration of] property against the possessor or persondetaining it without right opposability, which doesnt exist with personal rights. Limited real right: e.g. Usufruct - the right of use & enjoyment, for a certain time, of property owned by another as ones own, subject to the obligation of preserving its substance (If owner goes bankrupt or sells the article to a party, usufractuary can evoke her real right in the article and continue using it (right to follow). Characteristics of real rights: 1) 2) Right to follow (droit de suite) into the hands of the wrongful user. Permits holder to assert his or her real right to the thing. Right of preference: right to enter into a contract by preference to others. This right flows either from a first refusal agreement or from the law.
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Faculty of abandonment: right to abandon your real right Opposable erga omni: a person holds real rights against ALL others

Personal Rights (jus in personam, jus ad rem) enforceable against a particular individual (relative rights). Personal right: the relationship between two persons. A relational right, not in physical property, but in the fulfillment of a debt/obligation by another person: jus ad rem (right To athing). e.g. debtor/creditor; lessor/lessee; all of a debtors property is the common pledge of its creditors : An obligation between persons, with prestation as its object, whichconsists of doing or not doing something, is a personal right. Lease a contract by which the lessor provides the lessee, for a rent, with the enjoyment of a movable or immovable property for a certain time. If lessor goes bankrupt, the lessees claim is in jeopardy. However, there are CCQ provisions designed to protect the lessee. For example, property must be in good state of repair (1854). [Whereas usufructuary acceptsthe thing in the condition in which he finds it.] Also, sale of an immovable doesnt permit the new lessor to resiliate [cancel] the lease (1937) Criterion of distinction: whether the relationship is with a thing or a person. Requisites of a Valid Waiver Waiver the intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right a. b. c. d. e. The person waiving must be capacitated to make the waiver. (Hence, a waiver by a minor or by an insane person or non-compos mentis is voidable). The waiver must be made clearly, but not necessarily express. (Acting Prov. Sheriff of Surigao v. PTC, L4083, Aug. 31, 1953; Andres v. Crown Life Insurance Co., L-10874, Jan. 28, 1958). The person waiving must actually have the right which he is renouncing; otherwise, he will not be renouncing anything. (See TS, Mar. 11, 1964). In certain instances the waiver, as in the express remission of a debt owed in favor of the waiver, must comply with the formalities of a donation. (See Art. 1270, Civil Code). The waiver must not be contrary to law, morals, public policy (the aim of the State in promoting the social welfare of the people). (Ferrazini v. Gsell, 34 Phil. 693), public order (or public safety) (Ferrazini v. Gsell, 34 Phil. 693), or good customs (those which exist in a particular place).(Art. 6, Civil Code). The waiver must not prejudice others with a right recognized by law.

f.

Types of Repeal of Law Repeal - A repeal is the removal or reversal of a law 1. 2. Express Repeal by direct act of Congress. Occurs where express words are used in a statute to repeal an earlier statute Implied Repeal - insofar as there are inconsistencies between a prior and a subsequent law Occurs where two statutes are mutually inconsistent. The effect is that the later statute repeals the earlier statute pro tanto (in so far as it is inconsistent).[2] There is a presumption against implied repeal

Repeal of a 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 (25 RCL 911). Repeals and amendments by implications are not favoured (Quimsing v. Lachica, 2 SCRA 182). An express repeal is a repeal which is literally declared by a new law, either in specific terms, as where particular laws and provisions are named and identified and declared to be repealed, or in general terms, as where a provision in a new law declares all laws and parts of laws inconsistent therewith to be repealed (25 RCL 911). However, in Iloilo Palay and Corn Planters Association, Inc. v. Feliciano, 13 SCRA 377, the Philippine Supreme Court ruled that: a repealing clause in an Act which provides that all laws and parts thereof inconsistent with the provisions of this Act are h ereby repealed or modified accordingly is certainly not an express repealing clause because it fails to identify or designate the Act or Acts that are intended to be repealed. Rather, it is a clause which predicates the intended repeal upon the condition that substantial
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conflict must be found in existing and prior acts. Such being the case the presumption against implied repeals and the rule against strict construction regarding implied repeals apply ex proprio vigore.

Effect of Repeal of Law 1. If a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be revived, unless there is an express provision. (Sec. 14, Rev. Adm. Code) EXAMPLE: Law A is expressly repealed by Law B.If Law B is itself repealed by Law C, is Law A revived? No, unless Law C expressly so provides 2. If a law which impliedly repeals a a prior law is itself repealed, the law first repealed shall be revived, unless there is an express provision. (U.S. vs. Soliman, 36 Phil. 5) EXAMPLE: Law A is impliedly repealed by Law B. Law B is later repealed by Law C. Is Law A revived? Yes, unless Law C provides otherwise.

Requirements for Repugnancy 1. 2. A law must be inconsistent with the constitution A law must be contrary to other laws or the Constitution

Effect of Declaration of Unconstitutionality of a Law

G.R. No. L-23127 April 29, 1971 FRANCISCO SERRANO DE AGBAYANI, plaintiff-appellee, vs. PHILIPPINE NATIONAL BANK and THE PROVINCIAL SHERIFF OF PANGASINAN, defendants, PHILIPPINE NATIONAL BANK, defendant-appellant. In the classic language of Justice Field: "An unconstitutional Act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been." Norton v. Shelly County, 118 US 425 (1886) Operative Fact This is when a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid and must be complied with. Stare Decicis Follow past precedents and do not disturb what has been settled Adherence to precedents, states that once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner. Obiter dicta (singular dictum) are opinions not necessary to the determination of a case VI. Obligation of Judges; Interpretation of Laws; Customs (Art. 9-12) Obligation of Judges

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Judges are tasked with the dispensation of justice in accordance with the constitutional precept that no person shall be deprived of life, liberty, and property without due process of law. Judges must not evade performance of this responsibility just because of an apparent non-existence of any law governing a particular legal dispute or because the law involved is vague or inadequate. He must always be guided by equity, fairness, and a sense of justice in these situations. Where the conclusions of a judge in his decision are not without logic or reason, he cannot be said to have been incompetent Apparently the judge may apply any rule he desires as long as the rule chosen is in harmony with general interest, order, morals, and public policy. Among such rules may be the following: (a) Customs which are not contrary to law, public order, and public policy. (See Art. 11, Civil Code). (b) Decisions of foreign and local courts on similar 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). Thus, it has been said that where the law governing a particular matter is silent on a question at issue, the provision of another law governing another matter may be applied where the underlying principle or reason is the same. Ubi cadem ratio ibi eadem disposito. Interpretation of Laws a. b. When law is clear, it must be applied according to its unambiguous provisions. When there is ambiguity, construction of the law is necessary. It should be noted, however that when theres ambiguity, the intention of the legislative body is for right and justice to prevail; hence this intention must be upheld and should be carried out.

Customs A custom is a rule of human action (conduct) established by repeated acts, and uniformly observed or practiced as a rule of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding Requisites Before the Courts can Consider Customs (a) A custom must be proved as a fact, according to the rules of evidence; otherwise, the custom cannot be considered as a source of right. (Patriarcha v. Orfate, 7 Phil. 370). Thus, there is no judicial notice of custom. (Art. 12, Civil Code). (b) The custom must not be contrary to law (contra legem), public order, or public policy. (Art. 11, Civil Code). (c) There must be a number of repeated acts. (d) The repeated acts must have been uniformly performed. (e) There must be a juridical intention (convictio juris seu necessitatis) to make a rule of social conduct, i.e., there must be a conviction in the community that it is the proper way of acting, and that, therefore, a person who disregards the custom in fact also disregards the law. (f) There must be a suffi cient lapse of time this by itself is not a requisite of custom, but it gives evidence of the fact that indeed it exists and is being duly observed. VII. Computation of Period (Art. 13) Year One born on the first day of the year is consequently deemed to be one year old on the 365th day after his birth the last day of the year. In computing years, the first year is reached after completing the first 365 days. After the first 365th day, the first day of the second 365-day cycle begins. On the 365th day of the second cycle, the person turns two years old. This cycle goes on and on in a lifetime a person turns 21 years old on the 365th day of his 21st 365-day cycle. This means that on his 21st birthday, he has completed the entire span of 21 365-day cycles. After this birthday, the 365-day cycle for his 22nd year begins. The day after the 365th day is the first day of the next 365-day cycle and he turns 22 years old on the 365th day. Months The law likewise states that, if the month is designated by its name, it shall be computed by the number of days which it has. Thus, if the law provides that a particular tax shall be paid in January 1998, it means anytime within the 31 days of January. If the month designated is April, then it means within the 30 days of April. Day and Night

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The law also provides that when the law speaks of days, it shall be understood that days are of twenty-four hours, and nights from sunset to sunrise. In counting a period, the first day shall be excluded and the last day included. Hence, if a law states that a particular statute is to be effective on the 20th day from its publication and such publication was actually made on February 3, 1998, then the law shall be effective on February 23, 1998. The first day which is February 3, 1998 is excluded while the last day which is February 23, 1998 is included. Mailing When is mailed petition considered fi led, from the date of mailing or from the time of actual receipt by the Court? The Supreme Court, in the case of Caltex (Phil., Inc. v. Katipunan Labor Union, L-7496, Jan. 31, 1956), held that the petition is considered fi led from the time of mailing. This is because the practice in our courts is to consider the mail as an agent of the government, so that the date of mailing has always been considered as the date of the fi ling of any petition, motion or paper. In Gonzalo P. Nava v. Commissioner of Internal Revenue, L-19470, Jan. 30, 1965, the Court held that while there is a presumption that a letter duly directed and mailed was received in the regular course of mail, still there are two facts that must first be proved before the presumption can be availed of: (a) the letter must have been properly addressed with postage prepaid, and (b) the letter must have been mailed.] Rule if the Last Day is a Sunday or a Legal Holiday If the last day is a Sunday or a legal holiday, is the act due that day or the following day? It depends. (a) In an ordinary contract, the general rule is that an act is due even if the last day be a Sunday or a legal holiday. Thus, a debt due on a Sunday must, in the absence of an agreement, be paid on that Sunday. [This is because obligations arising from contracts have the force of law between the contracting parties. (Art. 1159, Civil Code).]. There are, of course, some exceptions, among them the maturity date of a negotiable instrument. (b) When the time refers to a period prescribed or allowed by the Rules of Court, by an order of the court, or by any other applicable statute, if the last day is a Sunday or a legal holiday, it is understood that the last day should really be the next day, provided said day is neither a Sunday nor a legal holiday. VIII. Territoriality Rules on Penal Laws Art. 2. 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. 2. 3. 4. Should commit an offense while on a Philippine ship or airship; 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; Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; While being public officers or employees, should commit an offense in the exercise of their functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.) 5. Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and violation of neutrality)

Rules as to crimes committed aboard foreign merchant vessels: 1. 2. French Rule Such crimes are not triable in the courts of that country, unless their commission affects the peace and security of the territory or the safety of the state is endangered. English Rule Such crimes are triable in that country, unless they merely affect things within the vessel or they refer to the internal management thereof. (This is applicable in the Philippines)

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Two situations where the foreign country may not apply its criminal law even if a crime was committed on board a vessel within its territorial waters and these are: (1) (2) When the crime is committed in a war vessel of a foreign country, because war vessels are part of the sovereignty of the country When the foreign country in whose territorial waters the crime was committed adopts the French Rule, which applies only to to whose naval force they belong; merchant vessels, except when the crime committed affects the national security or public order of such foreign country.

Requirements of an offense committed while on a Philippine Ship or Airship 1. 2. Registered with the Philippine Bureau of Customs Ship must be in the high seas or the airship must be in international airspace. Under international law rule, a vessel which is not registered in accordance with the laws of any country is considered a pirate vessel and piracy is a crime against humanity in general, such that wherever the pirates may go, they can be prosecuted. A crime which occurred on board of a foreign vessel, which began when the ship was in a foreign territory and continued when it entered into Philippine waters, is considered a continuing crime. Hence within the jurisdiction of the local courts. As a general rule, the Revised Penal Code governs only when the crime committed pertains to the exercise of the public officials functions, those having to do with the discharge of their duties in a foreign country. The functions contemplated are those, which are, under the law, to be performed by the public officer in the Foreign Service of the Philippine government in a foreign country. Exception: The Revised Penal Code governs if the crime was committed within the Philippine Embassy or within the embassy grounds in a foreign country. This is because embassy grounds are considered an extension of sovereignty. Paragraph 5 of Article 2, use the phrase as defined in Title One of Book Two of this Code. This is a very important part of the exception, because Title I of Book 2 (crimes against national security) does not include rebellion. EXCEPTION While foreigners may be liable for committing offenses in violation of penal laws and those of public security and safety, they may however be immune from suit and, therefore, cannot be criminally prosecuted in the Philippines in certain cases where the Philippine government has waived its criminal jurisdiction over them on the basis of the principles of public international law and treaty stipulations. Under the 1961 Vienna Convention on Diplomatic Relations of which the Philippines is a signatory, it is provided that the person of the diplomatic agent shall be inviolable and he shall not be liable to any form of arrest or detention (Article 29, Vienna Convention). He shall enjoy immunity from criminal jurisdiction of the receiving state (Article 31, Vienna Convention). A diplomatic agent, under Article 1 of the same convention, is the head of the mission or a member of the diplomatic staff of the mission. Also, heads of state who are officially visiting here in the Philippines are immune from Philippine criminal jurisdiction.

IX.

Applicability and Subject of Civil Law (Art. 15 17) Legal Capacity - The capacity of both natural and legal persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. Applicability of Civil Law Nationality Principle The Philippine nationality law is based upon the principles of jus sanguinis [right by blood] and therefore descent from a parent who is a citizen/national of the Republic of the Philippines is the primary method of acquiring Philippine citizenship. Lex Rei Sitei [law of the place where the property is situated] Application:

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[PERSONS & FAMILY RELATIONS]

Shares of stock of a foreigner, even if personal property, can be taxed in the Philippines so long as the property is located in this country EXCEPTION One important exception to the lex situs rule occurs in the case of successional rights. Thus, the following matters are governed, not by the lex situs, but by the national law of the deceased (Art. 16, par. 2, Civil Code) EXAMPLE: Illegitimate child cannot inherit estate located in the philppines if in their country it is prohibited for a illegitimate child to inherit. LEX LOCCI CELEBRATIONIS [law of the place where [the marriage] is celebrated] Application: Contract entered into by a Filipino in Japan will be governed by Japanese law insofar as form and solemnities of the contract are concerned. Thus also, if a power of attorney is executed in Germany, German laws and not our Civil Code should determine its formal validity Conflict of laws (or private international law) is a set of procedural rules that determines which legal system and which jurisdiction apply to a given dispute. The rules typically apply when a legal dispute has a "foreign" element such as a contract agreed to by parties located in different countries, RENVOI DOCTRINE Renvoi literally means a referring back; the problem 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 a foreign law (such as the national law of the deceased) (a) is a reference to the INTERNAL law of said foreign law; (b) is a reference to the WHOLE of the foreign law, including its CONFLICTS RULES The very fi rst case where our Supreme Court has been able to expound at length on what we ought to do when confronted by the renvoi problem is the case entitled In the Matter of Testate Estate of the Deceased Edward E. Christensen, Deceased; Adolfo C. Aznar and Lucy Christensen v. Helen Christensen Garcia. Penned by Justice Alejo Labrador, the decision, which was promulgated on January 31, 1963 as GR L-16759, in effect held that if a California citizen dies domiciled in the Philippines, our courts are under Art. 16, par. 2 of the Civil Code compelled to apply the national law of the deceased (California law); but since said California law itself refers back the matter to the Philippines (the place of domicile), we have no alternative except to accept the referring back to us (substantially; this is the theory of the single renvoi or the theory of acceptance of the renvoi). The Court in deciding to grant more successional rights to Helen said in effect that there are two rules in California on the matter: the internal law (which should apply to Californians domiciled in California); and the conflicts rule (which should apply to Californians domiciled OUTSIDE of California). The California conflicts rule, found in Art. 946 of the California Civil Code, says: If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicile. Christensen being domiciled outside California, the law of his domicile, the Philippines, ought to be followed. Were we to throw back the matter to California, the problem would be tossed back and forth between the states concerned, resulting in international football. (The case was remanded to the trial court for furt her proceedings the determination of successional rights under Philippine law). X.

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