PERSONS AND FAMILY RELATIONS

 CIVIL LAW – Based on fixed codes and statutes

 COMMON LAW – gives judges an active role in developing rules
 ART 2 PUBLICATION
 GENERAL RULE: Publication, indispensable requisite for the effectivity of laws. Covers
executive orders, presidential decrees, and administrative rules.
 No publication is necessary before it becomes effect
 EXEPTION: Publication is not necessary if:
1. Law is interpretative in nature
2. Law which is internal in nature
3. Letters of instructions – to be followed by subordinates
4. Municipal ordinances are covered by the local government code
 WHERE SHOULD PUBLICATION TAKE PLACE
 Official gazette – is the public journal and main publication of the Philippines
 Newspaper of general circulation – intended for generaldistribution and circulation sold
at fixed price per copy.
 EXCEPTION : MUNICIPAL ORDINANCES MAY NOT BE PUBLISH
 EFFECTIVITY – the effectivity of the law depend on whether or not has provided a specific date
for its effectivity
 GENERAL RULE : law shall take effect on the date it is expressly provided to take effect
 EXCEPTION : if no such date is made, after 15 days following the complation of its
publication.
 PUBLICATION IS NOT EQUIVALENT TO EFFECTIVITY
 ART 3 – IGNORANTIA JURIS NON EXCUSAT – once the law has been promulgated and has taken
effect it is the duty of everyone to know it. And nobody can escapes it effect.
 ART 4 – RETROACTIVITY VS PROSPECTIVITY – There no be expose facto law general rule laws
shall not be in retro-active effect.
 ART 256, family code- retroactive application of the family code – this code shall have
retroactive effect insofar not prejudice or impair vested or acquired rights in accordance
with the civil code or other laws.
 ART 6 – WAIVER OF RIGHTS - rights may be waived unless the waiver s contrary to law, public
order, public policy, customs, good customs, or prejudicial to a person with a right authorized by
law.
 Before waiver it is need that already happen
 KINDS OF RIGHTS
1. Rights of personality
2. Family rights
3. Patrimonial rights
 ART 8 – JUDICIAL DECISIONS HAVE THE FORCE AND EFFECT OF A LAW – procedural laws are
retroactive and you can apply the law retroactively.
  DOCTRINE OF STARE DECISIS – the principle that courts in common law will follow
previously decided cases
 RATIO DECIDENDI – is Binding/ Judicial decision is based
 OBITER DICTUM – Persuasive only/ by the way
 ART 14 - PENAL LAW – THEORY OF TERRITORIALITY – who live and sojourn in the Philippine
territory, subject to the principle of public international laws.
 Exterritoriality : the exemption of the foreign persons and property without treaty
stipulations
 Extraterritoriality: the exemption of the foreign person based on treaty stipulation and
convention.
 Persons Except
1. Sovereigns and other chief of state
2. Ambassadors
3. Ministers plenipotentiary
4. Ministers president
5. Charges of affairs
 Note : Consul is not belong
 ART 15 – PRINCIPLE OF NATIONALITY – national laws relating to family rights and duties, or
statutes, condition and legal capacity of persons are binding upon citizens of the
Philippines even though living abroad.
 Note : Civil law pertaining to family rights duties, status, condition, legal capacity follow
the principle of nationality
 Republic act No. 9225 – also known as “citizenship Retention and Reacquisition act of
2003 – an act making the citizenship of the Philippine citizen who acquire foreign
citizenship permanent amending for the purpose of commonwealth act no. 63
 Derivative Citizenship Sec 4. – the unmarried child whether legitimate or illegitimate or
adopted below 18 years old of those who re-acquire Philippine citizenship upon
effectivity of this act shall be deemed citizenship of the Phil.
 ART 26, PAR 2, OF FAMILY CODE - if alien spouse obtained the decree of devorce the
Filipino spouse have the right to re-marry
 ART 16 LAW GOVERNING REAL PROPERTY –
 GENERAL RULE : LEX REI SITAE – Law of the place where the property is situated is the
basis of determining law applicable
 EXCEPCTION : INTESTATE AND TESTAMENTARY SUCCESSION
1. Order of succession
2. Amount of successional right
3. Intrinsic validity of will
4. Legal capacity to succeed
 LEX NATIONALII- citizenship is the basis for determining the personal law applicable
*covers family rights and duties, status, condition, and legal capacity
  ART 17 – LAW GOVERNING EXTRINSIC VALIDITY OF CONTRACTS, WILLS, And PUBLIC
INSTRUMENTS.

 GENERAL RULE : LEX LOCI CELEBRATIONIS- law of the place where the contract
was executed is the basis for determining the law applicable *covers only the
forms and solemnities.

HUMAN RELATIONS
 Art 19 – Abuse of rights is actionable – the absence of good faith is essential to abuse of
rights
EVERY PERSON MUST, IN THE EXERCISE OF HIS RIGHTS AND THE PERFORMANCE OF HIS
DUTIES, ACT WITH JUSTICE, GIVE EVERYONE HIS DUE, AND OBSERVE HONESTY AND
GOOD FAITH
 Breach of promise to marry, not actionable – the promise to marry has no
obligatory cause, it breach cannot give rise to liability for damages.
 EXCEPTION : breach to promise to marry + Some act or event = Civil action for
damages
 ART 21 – CONTRARY TO MORALS, GOOD CUSTOMS/ PUBLIC POLICY
“HE WHO WILLFULY OR NEGLIGENTLY INJURES OTHERS IN HIS PERSONS, HIS LIBERTY,
HIS PROPERTY, OR IN ANY OTHER RIGHTS SHALL BE OBLIGATED TO IDEMNIFY FOR THE
DAMAGES OF THE LATTER.
 EXCEPTION: principle of unjust enrichment
 NEGOTIORUM GESTIO – a person voluntary take charge of its agency or management
when the owner is absent.
 ART 24 – CORTS PROTECTION OF UNDERDOG.
 PARENS PATRIAE – “parent of the nation” power of the state to intervene against
an abusive or negligent parent, legal guardian.
 ART 29 – PROOF BEYOND REASONABLE DOUBT ≠ PREPONDERANCE OF EVIDENCE;
ACQUITAL IN CRIMINAL ACTION ≠ RELIEF FROM CIVIL LIABILITY
 PROOF BEYOND REASONABLE DOUBT – need in civil law
 PREPONDERANCE OF EVIDENCE – need in criminal law