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This act shall be known as the Civil Code of the Laws shall take effect after 15 days following

days following the


Philippines completion of their publication either in the Official
Gazette, or in a newspaper of general circulation in the
1. Civil code – regulate relations of members of
Ph, unless it is otherwise provided. (As amended by EO
civil society’ rights, obligations’ persons, things,
200)
civil acts
2. Conform w/ customs, traditions and 1. Effective August 30 1950.
idiosyncrasies of Filipinos  transformed to 2. When effectivity date is provided, statute shall
positive laws be effective upon approval; no publication is
3. Natural and unforced necessary to be effective.
4. Sources:
Ignorance of the law excuses no one from compliance
a. Civil code of 1889 (Ley de Bases)
therewith.
b. Codes, laws, judicial decisions, jurists of
other countries 1. Presumption of knowledge of Philippine law –
c. Doctrines of Supreme Court unrealistic, but law is obligatory.
d. Fil customs 2. NOT FOREIGN LAW
e. Statutes a. Mistake of fact vs mistake of law
f. Code Commissions 3. For mandatory and prohibitory laws.
5. Foreign elements 4. Our duty to know the laws.
a. Am culture incorporated in Fil life 5. Injuries suffered by the ignorant [contract-
b. Economic relations bet 2 countries will parties] are borne by them – their doing.
remain, anyway 6. Reasons:
c. Am and Eng courts developed certain a. Social life is impossible if laws are only
equitable rules not found in Civil Code enforced due to being unknown (since
of 1889 many do not know the law)
6. Arrangement b. Absurd to absolve the ignorant, then
a. Persons increase obligation of the
b. Property knowledgeable.
c. Ownership and its Modifications c. Impossible to prove ignorance to law
d. Obligations and Contracts d. Conscience; available lawyers
7. Additions 7. Exceptions:
a. Human relations a. Excuse of ignorance should be admitted
b. Care and education for children to show good faith – when new
c. Nuisance provisions enforced.
d. Intellectual creation b. Minors treated differently – lack of
e. Natural obligations intelligence
f. Trusts and damages 8. Irrevocability of acts – if you did something,
8. Omissions (bec not found in Ph contracts thinking you were following an instructional
anyway) law, then realized you didn’t need to do it
a. Dowry anymore, you can’t undo what you did.
b. Censos 9. Mistake of fact – you can be excused for
c. Use ignorance of fact, but not for law.
d. Habitation 10. Mistake of difficult legal questions = mistake of
9. Criticism: unscientific; organization fact
10. Language a. Art. 1334 – If you both misunderstood
a. Some English words translated from the terms, and agreed to them, can
Spanish vitiate consent.
b. Some English words not in Am laws b. Art. 2154 - If you receive something you
did not order, return it.
c. Art. 2155 – If you paid/ are paid
something in confusion of terms, refund
it.
11. Mistake of lawyer cannot cause disbarment.

Laws shall have no retroactive effect, unless the


contrary is provided.

1. Changes/ injuries present rights


2. Related to Art. 3 – presumed that laws are
promulgated, so inexcusable. Unfair to punish,
if they have not been promulgated in the first
place.
3. Exceptions:
a. When law expressly provides
b. Remedial statutes
c. Curative statutes
d. Laws interpreting others
e. Laws creating new rights
4. Unconstitutional provisions (exceptions)
a. When retroactivity makes it an ex post
fact law
b. Cause impairment of obligation of
contract
5. Penal statutes – have retroactivity, if favoring
accused who is NOT a habitual criminal
6. Remedial statutes – method of enforcing rights,
or redressing invasion of rights.
a. Court procedures may be changed by
law, as long as it does not affect or
change vested rights.
7. Curative statutes – cure errors and
irregularities; validating judicial or admin
proceedings, deeds, contracts, that fail to
comply with technical requirements.