Persons & Family Relations (branch of Civil Law)

Law according to St. Thomas Aquinas is an ordinance of reason promulgated by supreme

authority for the common good.
(1) Law should be reasonable; comply with due process
(2) Law should be promulgated by the appropriate authorities
(3) Law should be for the common good

Civil law is that branch of law that dwells on the laws that govern the individual and family
relations of the person. It involves the relations between one person and the community.

Source of Civil Laws are:

(1) Civil Code of the Philippines
(2) Family Code of the Philippines

Sec 2 Art 2 - Laws shall take effect 15 days following their complete publication in the Official
Gazette unless otherwise provided - refers to time of publication.

* Tañada vs. Tuvera - issue raised was whether laws should be published for
purposes of validity.

For purposes of validity, laws must be published except that the law itself may provide
for a specific period of publication. In case no provision was provided, then Sec 2 Art 2
applies which is 15 days following publication.

Executive Order 200 - promulgated by President Corazon Aquino amending Art 2 of the Civil
Code which allow publications of laws either in the Official Gazette or in the newspaper of
general circulation.

* Philippine Veterans Bank vs. Vega - issue was in regards to the publication of the law
The Supreme court states that while Sec 2 requires the laws to be published, the law
may provide for an exception. In this case, it stated that the law be effective upon it’s
approval.

Having conflicting decisions, which case ruling would prevail?

Arguments:
(1) Tañada vs. Tuvera was established en banc - all 15 Chief Justices made the decision
Union vs. PVB was decided by the SC division, however the SC division is considered a
decision as a whole.
Art VIII Sec 4 Par 3 of the Constitution - no ruling en banc/ in division can be
reversed/modified except by the supreme court sitting en banc
(2) Opinion of the SC on the PVB vs Vega, recognizing the exception to the requirement of
publication may be considered as an obiter dictum, a statement or opinion expressed by the
SC in a case which is not necessary to a resolution of the issue brought before it. (Not
BINDING)
The Tañada ruling overrules the PVB.
 Laws requiring publication for validity:
(1) Statutes - refers to laws enacted by legislation
(2) Presidential Issuances - Presidential Decrees, Executive Orders, etc.
(3) Administrative Bodies - government agencies tasked with the purpose of implementing
laws like SSS, Pollution Board, etc. (Classification of Laws)
(comes from President or Congress)

* PITC vs Angeles - importation & exportation of products based on Presidential Decree

Issue is the validity of the Circular Order on the ground that the Circular did not
comply with the publication requirements.
SC ruled that the Circular falls under classification of laws and thus needs to be
published.
-purpose of validity of circular

* Victoria Milling Corp vs. SSS - issue of the validity of Circular for lack of publication
The Circular was interpretative in nature and does not need to
comply with the requirements of publication
-serves as an advisory opinion to all the parties concerned

(4) Local Ordinances - they should be published but the manner of publication is governed by
the local government code:
(1) A copy of the local ordinance should be posted at the Provincial Capitol, City Hall or
Barangay Hall
(2) They shall take effect 10 days after Posting by Administrative Body

* De Roy vs. CA - does not dispense with the requirement of publication in so far as
decisions of the Supreme Court are concerned.

SC Interpretation:
(1) Decision of the Supreme Court may not need to be published
(2) Decision of SC may need to be published but not in the Official Gazette
* Supreme Court interprets the law; clarifies whatever doubt of the case.

Art. III - Ignorance of the law excuses no one from compliance

If everyone is presumed to know the law, then why is there a need for publication?
- Ignorance of the law may not be a valid excuse for compliance with the law if that law has
been duly published. So that if the law in question has not been duly published, ignorance of
that law is always a good excuse because if the law has not published then it’s as if there is
no such law at all.

* ignorance of law vs. ignorance of fact

(defense of good faith as long as there is absence of negligence)

Principle on Prospectivity of Laws

 Exemptions:
(1) When the law provides for it’s retroactivity except that when the law takes part of an
ex post facto law - a law that punishes an act which was not a crime at the time it was
committed.
(2) When the law is penal/criminal in nature, the rule is it shall have retroactive effect provided
it is favorable to the accused.
* PP vs. Patalin - Whether or not they should be imposed by the penalty of death.
*Penalty of death was abolished in 1987
* Rodriguez vs. Director of Prisons – Habeas Corpus

Exemption to Retractivity of law: (Art 62 of Revised Penal Code)

(1) If the accused is a habitual delinquent
(2) If law provides that it should not be applied to pending cases under the old law.
* Tavera vs. Valdez- involves libel
* Larga vs. Ranada- SSS contribution, mandatory to voluntary contribution.
(3) if accused insist to be tried under the old law and ignore the new law which is
favorable to him
* Ferrer vs. Pecson- revised motor vehicle act to RPC..
(3) Procedural or Remedial Laws - general rule is that they should be given retroactive effect
because they do not impair vested rights
* Asia Brewery vs. Zulueta
* Tayag vs. Court of Appeals
* Municipality of Coron vs. Carino
(4) Curative Statutes - refers to laws or statutes which are intended to cure some defects or
irregularities in the previous laws or circumstances. It is to cure or remedy and thus should be
given retroactive effect.
* Frivaldo vs. COMELEC
* DBP vs. Court of Appeals

* The general rule is that a repealing law is prospective thus it does not undo the effects of the
old law except when the repealing law is a criminal law and the repeal is total and absolute,
meaning it totally repeals the old law.
* PP vs. Pimentel

Exception to Retroactivity of penal law or when repeal is total & absolute:

(1) If the repealing law contains a saving clause as when the repealing will provide that the
repealing law does not affect cases pending at the time of it’s enactment and
prosecuted under the provision of the repealed law.

Statute A < Statute B but Statute A would prevail due to the saving clause.

* Sison vs. Military Commission

(2) When the repealing penal law is a reenacted statute, a statute that penalizes the same
act being punished under the previous law
 Statute A = Statute B

Provided the 2 laws are contradictory and of different nature (1) general and (2) special then
the rule is:
(1) If the general rule was enacted first and the special law was enacted later. Both
contain contradictory provision then the general rule should continue to be enforced
and the special law shall be considered as an exception to the general rule and
therefore no repeal
* Lichaoko & Company
(2) If the special law was enacted first of the general law then the special law shall
continue to be enforced unless:
a) the general law expressly declares that the special law is repealed
b) if the provision of these two laws are so unreconcilable the special law is
repealed by the general law

What is the effect when a law is repealed?

(1) If the first repealed law was expressly repealed by the subsequent law, the repeal of
the repealing law by the third law will NOT revive the first law.

Statute A < Statute B < Statute C

(2) If the first law was impliedly repealed by the second law and the second law was in
turn repealed, then the repeal of the repealing law shall revive the first law unless the
repeal provides otherwise.

Statute A < Statute B < Statute C < Statute A

2 Modes of Repeal:
a) Expressed - the repealing law categorically provides the repeal
b) Implied - the repealing law does not specifically provide that it repeals another law but the
provision of the former law are inconsistent with the provision of the subsequent law

Declaration of Nullity or Unconstitutionality of a Law

- If void or unconstitutional, law is non existent

Doctrine of operative fact - while a law declared to be void and non existent, whatever
legal effects produced under the law prior to its declaration of
nullity shall be respected.

* Serrano De Agbayani vs. PNB

* Distinguish the difference between a repeal of a repealing law & when the repealing law is
declared unconstitutional therefore there is no repeal to speak of.

Statute A < Statute B < Statute C (unconstitutional) thus no repeal

Principle of Generality & Principle of Territoriality of Penal Laws
(1) Generality - penal laws are obligatory upon all persons who live within the Philippines
regardless of citizenship
(2) Territoriality - Courts can try/prosecute/punish the criminal act for crimes committed
within our territory (Art 2 of RPC)

Theories to justify which legal system has jurisdiction to punish crimes:

(1) Theory of Territoriality - the state where the crime is committed has jurisdiction to
prosecute the offender and penalize the act
a) subjective - the state where the act or the crime began has jurisdiction to
prosecute the case even when the crime was consummated outside of it’s
territory
* PP vs. Tulin
b) objective - the act began outside of the territory but consummated within the
territory
(2) Protective Theory - the state whose interest has been violated has the authority to try
& prosecute the offenders even when the crime was done beyond their territory.
(3) Cosmopolitan/Universality Theory - the state where the criminal is found or arrested
has jurisdiction to try & prosecute the offender regardless of the territory where the
crime was committed
(4) Personal Theory - the state where the criminal is a national has the jurisdiction to try &
penalize the offender even if the crime was done outside of it’s territory
(5) Passive Personality Theory - the state where the victim is a national has the authority
to try & penalize the offender

Which of these theories is adapted by the Philippines?

- Theory of territoriality (General Rule)
- Protective Principle (Art 2 of RPC)

Waive of Rights
- Rights are personal and thus may avail to waive their rights

Limitations to waive rights:

(1) if the waiving of the right is contrary to public policy, public order, good customs etc.
Ex.
Right to life
Right to future support since it’s vital to life
Right to future fraud
(2) if the waiver violates the right of another
Ex.
The refusal to take a donation provided you have debt to pay

Computation of Periods
- In the absence of a specific period then: 365 days, 30 days/month, 24 hours/day
- Computation: exclude the first day and include the last day
Filing of cases:
* Calendar days (include weekend / holidays) vs. Working days
* Registered mail (✓) - is considered to be an agent of the Government
* Private Courier (✕) - unacceptable

Art 5 - Acts executed against the provision of mandatory or prohibitory laws shall be void,
except when the law itself authorizes their validity.

Art 17 Par 3 - Prohibitive laws and those concerning public order cannot be rendered
ineffective by the laws or judgement promulgated by or by the determination of the convention
agreed upon in the foreign country.

* So an act which is void under Philippine laws cannot be valid just because it is valid abroad

* Van Dorn vs. Romillo (NO, divorce is valid) & Pilapil vs. Somera (YES)
Art 26 - applied only to mixed marriage; was applied to both Filipinos but the following
spouses was a foreigner
* Obicido Case

Art 15 - Laws concerning family rights and duties or to those status or legal capacity of an
individual shall be governed by the personal law of an individual. (Binding to Filipino Citizens)

* Equally applies to foreigners, so that personal law of the foreigner is governed by national
territory, so their status and legal capacity would be determined by their own national law.

* Recto vs. Harden

* Applies only to ordinary contracts

Art 16 - Real property as well as personal property shall be governed by the place where the
property is situated (Lex Rae Sitae)
Ex.
A 15 yr old Japanese national goes into a contract of sale for an automobile in the
Philippines. Based on Japanese laws, the Japanese is eligible to engage in such act
however in the Philippines, the Japanese is a minor and incapacitated to do so.

* Lex Rai Sitae is followed because if a contract involves a property, all the aspects of
the contract including the capacity of the party, the formality of the contract shall be
governed by the place where the contract is located.

Ex.
A Japanese national and a Filipino national engages in a contract where the services
of the Japanese is rendered to landscape the land owned by the Filipino.
 * Not all contracts or transactions involving property are governed by Lex Rae Sitae,
only contracts and transactions involving property affecting the ownership/possession
of a property are governed by the Lex Rae Sitae.

Exception:
* Even if the transaction involve transfer of ownership but the transfer of ownership
proceeds from succession, then Lex Rae Sitae is not applied but rather:
Art 16 Par 2 (National theory) - However state or interstate succession should be
governed by the laws of the country of the person whose succession is
under consideration whatever may be the nature of the property and
regardless of the place where the property is located.

* Limited only to the intrinsic aspect of a will, the substantive aspect of succession
Intrinsic aspect of the will: (governed by Art 16 Par 2)
(1) order of succession - who among the heirs should inherit first?
(2) amount of successional rights - how much can the heir inherit?
(3) testamentary provisions of the will - the manner of how the estate is distributed

Art 1039 - the capacity of an heir to inherit should be determined by the law of the country of
which the decedent is a citizen/national.

Art 17 - forms and solemnities of contracts, wills and other public instruments shall be
governed by the laws of the place where the contract, will or public instrument are executed
(Lex Loci Celebrationis)

* Extrinsic aspect, forms and solemnities of a will

Conflict of Laws Rule (Art 15-17)

- everything has its own set of rules, and every set of rules consists generally of 2
components:
(1) Internal Law - the laws promulgated and enacted by a particular state which
governs all its citizens in general
(2) Conflict of Laws Rule - those laws which are applicable in instances involving
foreign elements
Ex.
When a foreigner comes to the Philippines and applies for a marriage license.
When a foreigner dies in the Philippines and has acquired land in the country

Renvoi - referring back, courts are referred to its resolution to a law of the country to which
the decedent is a national
Ex.
A Japanese national residing in the Philippines and dies. The decedent left a Filipina
wife and now filed a case to inherit. However the decedent is Japanese and thus based
on Art 1039, should be determined by the laws of his country. Though in Japanese law,
the jurisdiction of the issue is referred back to the place where the person died.
 * The court may choose to refuse the renvoi in which it should proceed to decide the
case by applying the internal law of Japan, the internal law of the foreign country.
* If the court choose to accept the referral of the issue in which case the court shall
apply their own internal law.

* Edward Christensen - the courts accepted the renvoi and applied the internal law of the
Philippines; giving the illegitimate daughter her proper share of her
father’s estate

Hypothetical Question - 2 Schools of thought:

(1) Pursuant to Art 15, male individuals who got married abroad may be considered to be
married to each other so far as our laws are concerned.
(2) In our jurisdiction, we recognize validity of foreign laws one of the well recognized
exception to the recognition of the validity of foreign judgement is when the foreign
judgement is contrary to the public policy of the country.
Ex.
Sex change is not a valid mode of changing gender
Same sex marriage

* No settled jurisprudence on the matter