SYLLABUS IN CIVIL LAW REVIEW I

Art. 3 - Ignorance of the law

a) KASILAG V. RODRIGUEZ, 69 PHIL 217

Civil Law Review 1 - Course Description

A general integration of the principles in civil law covering

the effects and application of laws, the law on Human Relations, Art. 4. Retroactivity of laws
Persons and Family Relations, Property, Ownership and its
Modification, the Different Modes of Acquiring Ownership,
a) Eastern Mediterranean Maritime Ltd. And
including Succession; Pertinent provisions of special laws are also
Agemar Manning Agency, Inc. v.
reviewed.
EstanislaoSurio et al., G. R. No. 154213,
August 23, 2012
PART I b) Simon v. Chan, G.R. No. 157547, February
23, 2011
PRELIMINARY TITLE c) Exception - Santos v. Alvarez,
G.R. No. L-332. June 18, 1947 ;
Art. 1 - This Act shall be known as the Civil d) PNB v. Office of the President, G.R. No.
Code of the Philippines. 164815 September 3, 2009

Art. 2 - When laws take effect Exceptions:

1. If the statute provides for retroactivity
2. Penal laws insofar as they favour the
accused who is not a habitual criminal, even
Revised Administrative Code (RAC) though at the time of the enactment of such
Secs. 18-24 law, final sentence has already been
rendered
3. Remedial law so long as it does not affect or
Exec. Order 200, Sec. 2
change vested rights
4. When the law creates new substantive right
The Administrative Code of 1987 was unless vested rights are impaired
enacted, with Section 3 of Chapter 2, 5. Curative laws - that cures defects
Book VII thereof specifically providing or imperfections in judicial or administrative
that: proceedings
6. Interpretative laws
Filing. - (1) Every agency shall file 7. Those which are of emergency nature or are
with the University of the Philippines authorized by police power
Law Center three (3) certified copies of
every rule adopted by it. Rules in force
on the date of effectivity of this Code
which are not filed within three (3)
months from the date shall not
thereafter be the basis of any
sanction against any party or
persons.
Art 5. Mandatory or Prohibitory Laws (see Art. 17 3rd
(2) The records officer of the agency, par)
or his equivalent functionary, shall
carry out the requirements of this a) Nerwin v PNOC, G.R. No. 167057, April 11,
section under pain of disciplinary 2012
action.
Art. 6. Waiver of rights (see Art. 2035)
(3) A permanent register of all rules
shall be kept by the issuing agency and a) Herrera v. Boromeo
shall be open to public inspection.
(Emphasis provided.)
b) Villareal v People,
G.R.No.151258, February1, 2012

a) Tañada v. Tuvera 136 SCRA 27

b) Republic of the Philippines Represented by
Art. 7 - Repeal of laws(cf. 1987 Constitution,
the Department of Energy v. Pilipinas Shell,
Art. XVIII Sec. 3
GR No. 173918, April 8, 2008

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 FC 254, 255) Art. 15 - Binding effect (cf Family
Code Art. 26)
a) Thornton vs. Thornton, Aug. 16, 2004
a) Tenchavez v. Escaño, 15 SCRA 355
Art. 8 - Judicial Decisions
b) Tuna Processing Inc. v Phil. Kingford,
a) De Castro v JBC, G. R. No. 191002, April 20, 185582, Feb. 29, 2012
2010
b) Republic v Renman Enterprises, GR 199310, Theories on personal laws:
Feb.19, 2014 i. Domiciliary theory - the
personal laws of a person are
Art. 9-10 - Duty to render judgment (cf RPC5) determined by the domicile
ii. Nationality theory - the
nationality or citizenship determines
a) People v. Ritter 194 SCRA 690
the personal laws of the individual
b) Alonzo v Padua, 150 SCRA 379
Philippine laws follow the nationality
Art. 11-12 - Presumption and theory. Family rights and duties, status, and legal
Applicability of Custom (cf. 1987 Constitution, capacity of Filipinos are governed by Philippine
Art. XII Sec. 5; Rules of Court Rule 129 (2), (3)) law.

a) Martinez v. Van Buskirk, 18 Phil. 79 General rule: Under Art. 26 of the Family Code,
all marriages solemnized outside the Philippines in
Art. 13 - Legal periods (cf. Rules of Court accordance with laws in force in the country where they
(ROC) Rule 22RAC Sec. 31) were solemnized and valid their as such, is also valid in the
Philippines.
a) Internal Revenue v Primetown, GR 162155, Exception: If the marriage is void under
August 28, 2007 Philippine law, then the marriage is void even if it is valid
in the country where it was solemnized. [e.g. same sex
marriages celebrated abroad are not valid here]
See Art. 35, pars. (2) and (3)
CONFLICTS OF LAW PROVISIONS
Art. 16 - real and personal properties - subject to
Art. 14 - Applicability of Penal Laws (cf Art. 17 the laws where they are located
(3); RPC Art.2
Intestate and testamentary succession: order of
Principles: succession, amount of successional rights,
intrinsic validity of testamentary provisions –
a) Territoriality - regulated by the national laws of the person
General Rule: Criminal laws apply only in whose succession is under consideration
the Philippines; Exception: Art. 2 of
RPC a) Estate of Amos Bellis v. Edward Bellis, 20
b) Generality SCRA 358
General rule: Criminal laws apply to b) Tayag v. Benguet Consolidated, 26 SCRA
everyone in the territory (citizens and aliens) 242
Exceptions: Philippines can only expel c) Miciano v. Brimo, G. R. No. 22595, Nov. 1,
aliens in the following cases: 1927
i. Treaty stipulation which exempts some d) Aznar v. Garcia, G. R. No. L-16749,
persons within the jurisdiction of January 31, 1963 - renvoi (choice of
Philippine courts (e.g. Bases law rules)
Agreement)
ii. Heads of State and Ambassadors Art. 17 - lex loci celebracionis
(Consuls are subject to the jurisdiction
of our criminal courts) a) Raytheon v Rouzie, GR 162894, February
26, 2008

Art. 18 - Code of Commerce and special laws

a) Zamoranos v People, G.R. No. 193902, June

1, 2011

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 b) Villagracia v Sharia, GR 188832, April 23,
2014

HUMAN RELATIONS

Arts. 19 and 21

a) Saudi Arabian Airlines v. CA, Milagros

P. Morada and Hon. Rodolfo A. Ortiz,
Presiding Judge of Branch 89, RTC
QC., G. R. No.122191, Oct. 8, 1998
b) PNB v. CA, G. R. No. 27155, May 18,
1978

Art. 20 -

a) Albenson Enterprises v. CA, G. R. No.

88694, January 11, 1993

Art. 22-25

a) Arturo Sarte Flores v. Sps. Enrico Lindo and

Edna Lindo, G.R. No. 183984, April 13,
2011
b) Domingo Gonzalo v. John Tarnate, Jr., G. R.
No. 160600, January 15, 2014

Arts. 26-31 Human Dignity

a) Blas Ople v. Ruben Torres, G.R. No.
127685, July 23, 1998
b) Cordero v. Buigasco, G. R. No. 34130-R,
April 17, 1972

Arts. 32-35 - authority to file independent

civil actions which include action for damages,
for violation of civil and political rights,
defamation, fraud, physical injuries, and neglect
of public officers.

a) Madeja v. Caro, 126 SCRA 293

b) Newsounds Broadcasting Network v. Dy, G.
R. Nos. 170270 and 179411, April 2, 2009
c) Corpuz v. Paje, G.R. No. 26737, July 31,
1969

Art. 36 - prejudicial question (see Sec. 6, Rule

111 of the Rules of Court)
a) Maniago v. CA, G.R. No. 104392, February
29, 1996