Facutty or Civit Law (1734) CIVIL LAW 2017 GOLDEN NOTES FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS MANILAThe UST GOLDEN NOTES is the annual student-edited bar review material of the University of Santo Tomas, Faculty of Civil Law. Communications regarding the Notes should be addressed to the | Academics Committee of the Team: Bar-Ops. Address: Academics Committee UST Bar Operations | Faculty of Civil Law University of Santo Tomas Espafia, Manila 1008 Tel. No: (02) 731-4027 (02) 406-1611 loc. 8578 Academics Committee Faculty of Civil Law University of Santo Tomas Espafia, Manila 1008 All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal University of Santo Tomas, the Catholic University of the Philippines. 2017 Edition. No portion of this material may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devises or in any other form, for distribution or sale, without a written permission. A copy of this material without the corresponding code either proceeds from an illegal source or is in possession of one who has no authority to dispose the same, Printed in the Philippines June 2017. No.ACADEMIC YEAR 2017-2018 CIVIL LAW STUDENT COUNCIL JONATHAN SANTOS PRESIDENT MA. JASMIN A, LABACO INTERNAL VICE PRESIDENT NINO JOSEPH B. PIO RODA EXTERNAL VICE PRESIDENT KARIZZA KAMILLE M. CRUZ SECRETARY UST BAR OPERATIONS NIKKI MEL Q. KO CHAIRPERSON RHOSE AZCELLE L. MAGAOAY VICE-CHAIRPERSON JANN PATRICIA M, TORRES SECRETARY JERREMIAH KRIZIAH B. BATALLER ASST. SECRETARY NELLE FRANCESE DELA PAZ ‘ASST. SECRETARY ALEXANDER MARA J. VINLUAN HEAD, PUBLIC RELATIONS OFFICER DENZ CHRISTIAN A. RESENTES ASST, HEAD PUBLIC RELATIONS OFFICER CLARICE ANGELINE V. QUESTIN HEAD, FINANCE COMMITTEE KAIRA MARIE B. CARLOS ASST. HEAD, FINANCE COMMITTEE CLARA LOUISSE J. YUMANG HEAD, HOTEL ACCOMMODATIONS COMMITTEE EMMANUEL A. LANDAYAN ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE JOHN AL-NAIR SIMONE L. JUMAMIL ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE PATRICIA MAE D. GUILLERMO ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE NINO JOSEPH B. PIO RODA LOGISTICS COMMITTEE JOCHRIS DANIEL Z. GUADES LOGISTICS COMMITTEE BERYLL ANDRE Y. BARCENAS LOGISTICS COMMITTEE MON FRANCIS A. TOLENTINO LOGISTICS COMMITTEE MICHAEL EARVIN R. SABADO LOGISTICS COMMITTEE ATTY. AL CONRAD B. ESPALDON ADVISERACADEMICS COMMITTEE CAMILLE ANGELICA B. GONZALES EMNIE VALERIE B. DURAN SECRETARY GENERAL DEPUTY SECRETARY GENERAL IRVIN L, PALANCA EXECUTIVE COMMITTEE MARIELLA A. MARASIGAN EXECUTIVE COMMITTEE LARA NICOLE T. GONZALES EXECUTIVE COMMITTEE CAMILLE ANGELICA B. GONZALES LAYOUT ARTISTS RENLAY B. CONCHA CIARIT. MENDOZA COVER DESIGN ARTIST CIVIL LAW COMMITTEE KATHERINE ROSE F. KAPUNAN ‘CIVIL LAW COMMITTEE HEAD ANNA FRANCHESCA D. DIZON ASST. HEAD, LAND TITLES AND DEEDS SHEEN JOSHUA B. BARRIETA ASST. HEAD, OBLIGATIONS AND CONTRACTS MARY LOUISE P. LEONARDO ASST. HEAD, PERSONS AND FAMILY RELATION JANE MARIE BIANCA B. CARILLO ASST. HEAD, PROPERTY PRINCESS ABBIE GREN V. VIRTUSIO ASST. HEAD, WILLS AND SUCCESSION, MA. DENISE JOLYN T. EISMA ASST. HEAD, SALES JESSER CAPARAS ASST. HEAD, CREDIT TRANSACTIONS ALLEN MERCADO ASST. HEAD, PARTNERSHIP, AGENCY, TRUST MEMBERS RHOSE AZCELLE L, MAGAOAY ROLANDO S. BASCON, JR. JOHN AL-NAIR SIMONE L. JUMAMIL KIM ANGELI P. SOBREPENA, CHRISTINE KAREN L. BUMANLAG ALYSSA ABIGAEL C. GOMEZ JONATHAN SANTOS ARIANNA LAINE T, SARMIENTO. JOANN ROSS C. EVANGELISTA, ANNE LIZETH R. VALLARIT KARIZZA KAMILLE M. CRUZ JESSAMYN M. DIMALIBOT NATASHA SARAH I, MURAD BION HENRIK A. PRIOLO ATTY. KING JAMES CARLO C. HIZON ATTY. KENNETH JAMES CARLO C. HIZON AdvisersFACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS ACADEMIC OFFICIALS ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABANO, 0.P. DEAN REGENT ATTY. ARTHUR B. CAPILI FACULTY SECRETARY ATTY. ELGIN MICHAEL C. PEREZ LEGAL COUNSEL UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC JUDGE PHILIP A. AGUINALDO SWDB COORDINATOR LENY G. GADANIA, R.G.C. GUIDANCE COUNSELOROUR DEEPEST APPRECIATION TO OUR MENTORS AND INSPIRATION JUSTICE OSWALDO AGCAOILI DEAN AUGUSTO K. ALIGADA ATTY. VINCENT Z, BOLIVAR ATTY. AMADO PAOLO C. DIMAYUGA ATTY, RAFAELITO M. GARAYBLAS ATTY. REI B. GOROSPE ATTY. JESUSA LAPUZ-GAUDIANO ATTY. ANICIA C. MARQUEZ ATTY. BENIGNO G. PAR, JR. ATTY. TEOFILO R. RAGADIO ATTY. MAURICIO C. ULEP JUDGE PHILIP A, AGUINALDO ATTY. RUBEN F. BALANE ATTY. ENRIQUE DELA V. CRUZ, JR. ATTY. IRVIN JOSEPH M. FABELLA ATTY, ALDEN FRANCIS C. GONZALES JUDGE GEORGINA D. HIDALGO DEAN MARIA LIZA A, LOPEZ-ROSARIO ASSOC. DEAN VIVIANA M. PAGUIRIGAN JUDGE MYRA B. QUIAMBAO ATTY. CARLA E. SANTAMARIA-SENA For being our guideposts in understanding the intricate sphere of Civil Law. -Academics Committee 2017Foreword for 2017 Golden Notes Dean Nilo T. Divina It is with pleasure that | introduce to you the 2017 Golden Notes - a product of the concerted and dedicated efforts of our students, faculty and staff to ensure that our Bar candidates are armed with the most comprehensive, updated and easy to digest reviewer as their companion in the review process. This will provide key concepts, updated jurisprudence, relevant comparisons and notable changes in the law, if any, right at your fingertips. With the aid of selected lawyers, Golden Notes remains at the forefront of providing legal insights raised from past bar questions and current events that could be part of the discussion in the bar examinations. Notably, the editors of this book signified their intention to serve in assisting our aspiring lawyers to develop the kind of mentality needed in justifying answers supported by facts and relevant provisions of laws during the Bar examinations, through the publication’s logical sequence and meticulous presentation of even the most difficult legal concepts. With the aim of increasing the candidate's confidence and ensuring the efficient use of his/her time in pouring through all eight (8) Bar subjects, we have enlisted the expertise of some of the most senior practitioners in the different fields of aw, including noted jurists and esteemed bar reviewers. The diversity of the publication's roster of consultants and editors ensures that it remains relevant and essential. Indeed, with contributions from different people mentioned above, this issue of the Golden Notes marks an important new step in the direction of the UST Faculty of Civil Law. Let these notes, however, not detract you from the true goal. There is no substitute for hard work, and there is no shortcut to excellence, Persevere. Strive, Keep the faith. You will make it. “Courage and perseverance have a magical talisman, before which difficulties disappear and obstacles vanish into air.” = John Quincy AdamsnL OL Ww. vi. vil. vit. 1K. xi. XI, Xx xiv. xv. ‘TABLE OF CONTENTS PART I - GENERAL PRINCIPLES Effect and Application of Laws (Civil Code).. = Conflict of Laws (Private International LaW) nom — 1 Human Relations (Arts. 19-22, Civil Code) 2 19 PART II - PERSONS AND FAMILY RELATIONS Persons and Personality (Civil Code)... Marriage (Family Code) Legal Separation (Family Code)... Rights and Obligations Between Husband and Wife (Family Gove) Property Relations of the Spouses (Family Code) eon ‘The Family (Family Code)... - 1. The family asan institution.. 2. The family home. - Paternity and Filiation (Family Code) Adoption. ‘A. Domestic Adoption Actof 1998 wa “Wo, 8552 1. Who can adopt 2. Who can be adopted... 3. Rights of an adopted child (incluce Art. 189-190, Family Gov 4, Instances when adoption may be rescinded... 5. Bffects of rescis 8, Inter-Country Adoption Act of 1995 (RA, No. 8043) 1. When allowed ereemn 2 Who can adoptennm 3. Who can be adopted... a G_ Distinction between domestic adoption and inter-country adoption ‘Support (Family Code) Parental Authority (Family Code)... Child Abuse Law (R.A. No. 7610), specifically Sec. 10 (c} Emancipation (Arts. 234 and 236, Family Code, as amended by R.A. No. 6809 which lowered the age of majority).. 98 Retroactivity of the Family Code (Art. 256) wn0-- Funerals (Arts. 305-310, Civil Code) os Use of Surnames A Arts, 364-380, Civil Code (other articles not repeated by Family Code) 8. A No.9255 (an Ac lowing eptmate Chllren tus the Surname of Their Father) ADSENCE : A Art 41, Family Code.. 8. Art 381-389, Civil Code... © Art 390-392, Civil Code (Presumption of Death) onmnn PART IIL- PROPERTY Character CS ven 107 Classification nnn OF _ 312 Accession. : . eeeniig Quieting of Title or Interest in and Removal or Prevention of Cloud over Title or interest in Real Property concn on 130VL. Co-ownership. VIL. Possession sun VIN. Usufruct. on TX Basements... ee som LBD Eee a9 154 X Nuisance 162 x. Moves of Aquiring Ownership... : 164 XM. DonathOnS eve nnn 165 PRESCRIPTION 1 Definition... a see T,—_Acquisitive and Extinctive Prescription sor ML, Instances when prescription is not allowed. IV. Prescription or limitation of actions PART IV - OBLIGATIONS AND CONTRACTS Definition, Elements... — v7 Sources of Obligation... _ = 179 Nature and Effects of Obligations. 182 Kinds of Obligations... Pure and Conditional Obligations with a Period Alternative Obligations... n Joint and Solidary Obligations... Divisible and Indivisible Obligations. Obligations with a Penal Clause... -xtinguishment of Obligations. Payment or Performance... Loss of the Thing Due .. Condonation or remission of debt = Confason ar merger ofits fered and debior. = Compensation.. ae NOVatiON ne —— : CONTRACTS anne 215, < a moneeprmooeS 1 Essential Requisites I Kinds of Contracts... Ml, Objects, Cause and Form of Contracts IV. Reformation of Instruments... vn V. Interpretation of Contracts .....ocmmnsn Vi. Rescissible Contracts... VI. Voidable Contract VII Unenforceable Contracts. TX. Void and Inexistent Contracts neo ‘Natural Obligations... _ a : ne) Estoppel, : . 251 PART V-SALES 1 Nature and Form of Contract... eo _ 253 H. —Capacity to Buy or Sell... 258 IIL, Effects of the Contract when the Thing Sold has been lost. 272 IV. Obligations of the Vendor... : — 263 V. Obligations of the Vendee.......- . 263 VI. Breach of Contract 274 ‘A. Recto Law: sale of movables on installment (Articles 1404-1486, ivi Code) 8. Maceda Law: sale of immovable on installment (RA 6552) ww snnsnnn 274vu. vil. u. mH, Ww. a MI Ww. Vi 0. m1, wv. UL m1, wv vi 1. 1m, W. Extinguishment of Sale... er 283 Assignment of Credits 287 PART VI- LEASE General Provisions..., freemen ws 294 A. Lease of Things son no 294 8. Lease of Work and Services : —. 294 Lease of Rural and Urban Lands se : econ 308 Rights and Obligations of Lessor and Lessee... - . on 801 Special Rules for Lease of Rural/Urban Lands : 308 PART VIL- PARTNERSHIP Contract of Partnership. sc : 310 Rights and Obligations of Partnership . : 321 Rights and Obligations of Partners Among Themselves, 3 Obligations of Partnership /Partners to Third Persons enn SES Dissolution and Winding Up. 327 Limited Partnership. S cnn BBD PART VIII - AGENCY Definition..... se Nature, Form and Kinds of Agency... : Obligations of the Agent. Obligations of the Principal. ‘Modes of Extinguishment, PART IX- TRUST DefIHtOR evens ee sr . sn 49 Kinds of Trust... ae ee 350 A. EXpress Triste mnsnsnnnnn : 350 8. Implied Trust. : vena BL PART X - CREDIT TRANSACTIONS Loan o 7 : — a 353 Deposit. 364 Guaranty and Suretyship. sen 370 Pledge, Mortgage and Antichresis, hate Mortage include Act 1508)... 378 Quasi-Contracts.... sae 402 Concurrence and Preference of Credits. : 405 ‘A. Section 133 of Republic Act No, 10142 (An Act Providing for the Rehabilitation or Liquidation of Financially Distressed Enterprises and Individuals)... . 06 PART XI- SUCCESSION General Provisions. os aun ‘Testamentary Succession/Wills = 415 Legal or Intestate Succession... : 448 Provisions Common to Testate and Intestate Succession. 453 PART XII- LAND TITLES AND DEEDS ‘Torrens System (General Principles)... o 457 Original Registration. : 465 Subsequent Registration 0m. a BBW. v A, Voluntary Dealings — sn ABB 8 Involuntary Dealings... ~ 490 Non-registrable Properties 492 Dealings with Unregistered Lands... a 494 PART XIIL Book 1 Definitions, Elements 0.0.00 : sete ADB, Classification of Torts s..0-- : 505, A” Negligent Torts... — a penn 506 8. Intentional Torts. — _ = 509 C_ Strict Liability. se : 518 ‘The Tortfeasor — 496 AL Direct tortfeasor : see 496 B, Persons made responsible FOF OtREF Sn soe 498 C_ Nature of Liability nvm 496 ‘The Concepts and Doctrines of Res Ipsa Loquitur, Last Clear Chance, Proximate Cuase, Dammum Absque Inara, Presumption of Negligence, Vicarious Labi. 520 Legal Injury. pee 52S Book II - Damages General Provisions Actual and Compensatory Damages. Moral Damages <0. Nominal Damages..e.ron-« ‘Temperate or Moderate Damages, Liquidated Damages Exemplary or Corrective Damages. Damages in Case of Death...DISCLAIMER THE RISK OF USE OF THIS BAR REVIEW MATERIAL SHALL BE BORNE BY THE USER| GENERAL PRINCIPLES GENERAL PRINCIPLES [EFFECT AND APPLICATION OF LAWS law Iisa rule of conduct formulated and made obligatory by legitimate power ofthe state (Diaz, 2013). ‘Eflectvity of laws Laws shall take effect after fifteen days following the completion of their publication either in the Offical Gazette, or in a newspaper of general circulation in the Philippines, unless itis otherwise provided [New Civil Code (NCC).Art 2, as mended by EO 200}). {e depends on whether oF not it has provided a specific date for its effectivity 1. Yfdate is specified Upon the lapse ofthe sald period following Its complete publication and not before. 2. If no date ts specified 15-day period, which may either be on the 158 or on the 169 day depending on the language used by the Congress in fixing. the effectivity date ofthe statute (Rabuya, 2009) a. 15%day--Irthe law dectares thatit shall become effective “15 days after its publication’ 1. 16% day - If the law declares that it shall be effective “after 15 days following its publication’ 3. If the law provides for immediate effectivity or ‘upon approval - I is effective immediately after its complete publication and not after signing by the President, 4. If the law is voluminous Reckoning shall begin {rom the release ofthe last of the series, *Unless_it_is_otherwise provided" provision on slfectivity of laws ‘The clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement of, publication itsel£ The requirement of publication may not be omitted in any event. This clause does not mean that, the legislator may make the law effective immediately ‘upon approval, or on any other date without its previous publication, Publication requirement Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended (Umali ¥. Estanislao, GR. No. 104037, May 29, 1992; Taftada w Tuvera, GR. No, L-63915, December 29, 1986). Publication must be tn full oF i i¢ no publication at all since its purpose is to inform the public ofthe contents of the law. The mere mention of the number of the presidential decree, the ttle of such decree, its ‘whereabouts, the supposed date of effectivity, and In a ‘mere supplement ofthe Official Gazette cannot satisfy the publication requirement. This is not even substantial ‘compliance (Tatada v. Tuvera, GR No. L-63915, December 29,1986), Indispensability of publication a laws are required to be published in full. NOTE: The reason for this role Is that the basic constitutional requirement of due process must be satisfied. (Rabuya, 2009).Without such notice and publication, there would be no basis forthe application of the maxim Ignoratia legis non excusat (Rabuye, 2003), XPNs to the Publication Requirement: 0-1-1 1. Municipat Ordinances {governed by the Local Government Code}; 2. Rules and regulations which are internal in nature: 3. Letters of Instruction issued by administrative supervisors on internal rules and guideline 4. Interpretative regulations regulating only the personnel of administrative agency, XPNs to the XPNs: D-E-P Administrative rules and regulations that require publication: 1. The purpose of which is to implement or enforce existing laws pursuant toa valid Delegation; 2. Penal in nature; 3. [diminishes Existing rights of certain individuals NOTE: Circulars Issued by the monetary board are required to be published iFthey are meant not to merely ‘lin details” ofthe Central Bank Act. Asa rule, circulars Which prescribe a penalty for violations should be published before coming into effect. However, circulars Which are mere statements of general policies as to how the law should be construed do not need publication in the Official Gazette for their publication, Where topublish 1. Official Gazette or 2. Newspaper of general circulation in the Philippines ‘Newspaper of general circulation, Fora newspaper to be considered of general erculation: 1, Itmustbe published within the court's jurisdiction; 2 It must be published at regular Intervals. for disseminating local news and general information; 3. It has @ bona fide subscription list of paying subscribers; and 4. Itis not devoted to the interest or published for the entertainment of particular class, profession, trade, calling, race o religious denomination (Alvarez ¥ People, 8 No. 192591, June 29,2011). Honasan questions the authority and jurisdiction ‘of the DO} panel of prosecutors to conduct 2 preliminary investigation and to eventually. file Usivensity oF Santo Tomas Pacutty or civit tawCivil LAW charges against him, claiming that since he is a Senator with a salary grade of 3, itis the Office of the Ombudsman, not the DO}, which has authority and jurisdiction to conduct the preliminary investigation. DOJ claims that it has concurrent jurisdiction, invoking an OMB-DO} Joint Cireular which outlines the authority and responsibllitiesamong prosecutors. of the DO} and the Office of the Ombudsman in the conduct of preliminary investigations. Honasan counters that said circular is ineffective as it was never published, Is OMB-DO} Circular No. 95-001 ineffective because it was not published? A: NO. OMB-DO) Circular No.95-001 is merely an internal circular between the two offices which outlines the Authority and responsibilities among prosecutors of the DO} and of the Oficeof the Ombudsman in the conduct of preliminary investigations It does not contain any penal provision nor prescribe a mandatory act or prohibit any Linder pain of penalty. It does not regulate the conduct of persons or the public, i general. t eed not be published (Honasan, tv. The Panel of Investigating Prosecutors ofthe DO), GR. No, 159747, June 15,2004). ng Bayan of Hagonoy, Bulacan nance which increased the stall rentals of the market vendors in Hagonoy. Art. 3 ofthe ‘said ordinance provided that it shall take effect upon approval. The ordinance was posted from November 4 to 25, 1996. In the last week of November 1997, petitioners were personally given copies and were informed that it shall be enforced in January 1998. ‘The petitioners contended that the subject ordinance was not published as required by law. Did the ‘ordinance comply with the rule of publication? {Az YES, An ordinance which increased the stall rentals of the market vendors has complied with the publication requirement when the same was posted in 3 conspicuous places (Sec 189, Local Government Code; Hagonoy v. Municipality, R No. 127622, February 6, 2002) NOTE: Within ten (10) days after their approval, certitied true copies of all provincial, city, and municipal tax dordinances or revenue measures shallbe published in full for three (3) consecutive days in 2 newspaper of local circulation: Provided, however, That in provinces cities land municipalities whore there are no newspapers of local cieulation, the same may be posted in at least two. (2) conspicuous and publicly accessible places (Sec. 168, Local Government Code) Exceptions to the publication requirement 1. An interpretative regulation: 2. regulation that is merely internal in nature; and 3. A letter of instruction issued by an administrative gency concerning rules oF guidelines tobe followed by subordinates in the performance of their dutlesAssaciation of Southern Tagalog Electric Cooperatives Inc. v. Energy Regulatory Board, GR. No 192117, September 18, 2012) Q Judge Ferdinand Villanueva was appointed as a presiding judge of MTC, Compostela-New Bataan. The UNIVERSITY OF SANTO TOMAS 2017GOLDEN NOTES following year, Judge Villanueva applied as Presiding Judge in several Regional Trial Courts. The Judicial and Bar Council (JBC) then informed him that he was not included in the list. The JBC's decision upheld its fong-standing policy of opening the chance for promotion to second-level courts to those judges who have served in their current positions for at least five years, judge Villanueva then directly went to Court to assail the sald policy on the ground it Is lunconstituional; it violates the procedural due process for lack of publication. Did the JBC violate the procedural due process for not publishing the ‘questioned policy? A: VES.The petition was dismissed but the SC directed the JBC to comply with the publication requirement of the assailed policy. According to SC, it is but a natural Consequence that poteatlal applicants be informed of the ‘equirements tothe judicial pasitions so that they would be able to prepare for and comply with them (Villanueva v Judicial and Bar Council, R. No. 211833, April 07,2015). Examples ofadministrative issuances which were not given force and effect for Jack of publication 1. ales and regulations Issued by the Joint Mintstry of Health-Ministry of Labor and Employment Accreditation Committee regarding the accreditation ‘of hospitals, media clinics and laboratories. 2. Letter of Instruction No.416 ordering the suspension of payments due and payable by distressed copper ‘ing companies 3, Memorandum Circulars issued by the POEA regulating the recruitment of domestic helpers to Hongkong 4, Administrative Order No. SOSPEC. 89-08-01 issued by. Philippine International Trading Corporation regulating applications for importation from the People's Republic of China 5. Corporate Compensation Circular No. 10 issued by the Department of Budget and Management discontinuing the payment of other allowances and fringe benefits to government officials and employees(Ulep, 2006) Q: “AY alleges violation of his right to due process considering that he is summoned to attend the Senate hearings without being apprised not only of his rights therein through the publication of the Senate Rules of Procedure Governing Inquiries in Aid of Legistation. Senate invoked the provisions of RA. No, 8792, otherwise known as the Electronic Commerce Act of 2000, to support their claim of valid publication ‘through the internet. Did the publication of the assailed Rules of Procedure through the Senate's website satisfy the due process requirement of law? A: NO, RA 792 - Electronic Act of 2000 considers an tlectronie data message or an electronic document as a functional equivalent of a written document only for evidentiary purposes. It does not make the internet a ‘medium for publishing laws, rules or regulations GGarcllano v. The House of Representatives Committee on Public Information, Public Order and Safety, National Defense and Securty, Information and CommunicationsGENERAL PRINCIPLES. Technology and Suffrage ond Electoral Reforms, GR No. 170338, December 23, 2008). To oR Presumption of knowledge of laws, GR: Everyone Is conclusively presumed to know the law. Hence, ignorance of the law excuses no one from compliance therewith (NCC, are 3) This conclusive presumption presupposes that the law has been published. Without such natice and publication, there would be no basis for the application of the maxim ignoratia legis non excusat (Rabuye, 2009) XPNst Mistake upon a doubtful or dificult question of law may be the basis of good faith [NCCArt. 526 (2)] b, Payment by reason of a mistake in the construction, fF application of a doubtful or dificult question of Jaw may come within the scope of the preceding artiele (NCC Art. 2155). ¢ Imorder that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting partis. Incidental fraud only obliges the person employing it to pay damages (MCC Art 1348). NOTE: The possession of the antichretic credit as possession in good falth since a dificult question af law ‘was involved ~ antichress. In this case, the parties were not very knowledgeable ofthe kaw (Kasilag ¥. Radriquez, GR.No. 46623, December 7, 1935), Laws covered ‘The laws referred to under Art. 3 of the NCC are those of the Philippine Laws and itapplies to all kinds of domestic laws, whether civil or penal, substantive or remedial However, the article Is limited to mandatory and probibitory laws. It does not include those which are ‘merely permissive (Rabuya, 2006). ‘Non-applicability to foreign laws Ignorance ofa foreign law I a mistake of fact. There s no presumption of knowledge of foreign laws. it must be alleged and proved as a matter of fact, otherwise, the doctrine of processual presumption will apply. 1 Processual P In international law, the party who wants to have a foreign law applied to a dispute or case has the burden of proving the foreign law. The foreign law Is treated as a ‘question of fact to be properly pleaded and proved as the judge or labor arbiter cannot take judicial notice of a foreign law. He is presumed to know only domestic or forum law (ATCI Overseas Corporation, et al.v. Echin, CR. No. 178551, October 11, 2010). Mistake of fact v Mistake of law. coo og FACT ‘Want of ‘Want of knowledge knowledge of | or acquaintance some factor facts | with the laws of Want of | constituting or | the land insofaras Imowtedge | relating the | they apply to the pertains to | subject matter an | act relation, duty, hand. (or matter under consideration, ‘Oecurs when a person having Full knowledge ofthe | factscometoan | ‘When some facts Which really exist are unknown or Nature of | some factis ‘Mistake | supposed toexist | errancous ‘hich really does | conclusion as to ts notexist. logal effects. Good faith san | Not excusable, Defense | excuse even fin good _ faith _ @ Eduardo was married to Ruby. He then met Tina and proposed marriage, assuring her that he was single. They got married and lived together. Tina, upon learning that Eduardo had been previously: married, charged Eduardo for bigamy for which he was convicted, Eduardo testified that he declared he was single” because he believed in good faith that his, first wife was already dead, having not heard from her for 20 years, and that he did not know that he had to 0 to court to seek for the nullification of his first marriage before marrying Tina. ls Eduardo liable for the crime of bigamy? AA: YES. Eduardo is presumed to have acted with malice or evil intent when he married Tina. Mistake of fat or good. faith ofthe accused isa valid defense in a prosecution for 4 felony by dolo; such defense negates malice or criminal Intent. However, ignorance of the law is not an excuse because everyone is presumed to know the law, Eduardo has the burden to prove that when he married Tina, he has 8 well-grounded bellef that his first wite was already dead. He should have adduced in evidence a decision ofa competent court declaring the presumptive death of his first wife as required by Art 349 ofthe RPC, in relation to Art, 41 of the FC. Such judicial declaration constitutes proof that Eduardo acted in good faith, and would negate Criminal intent on his part when he married the private ‘complainant (Manuel v. People, 6R No, 165842, November 28, 2005). Q: Complainants who were connected with the Daily Informer (a widely circulated newspaper in Western Visayas) were charged before the MTC by Judge Pamonag of the crime of libel. Respondent judge conducted a preliminary investigation and thereafter ‘issued warrants for the arrest of the complainants. Complainants fled an administrative case against the idge for gross ignorance of the law. They contended that the judge neither has authority to conduct a preliminary investigation nor to issue warrants for UNIVERSITY OF SANTO TOMAS FACULTY OF CiviL Law