CIVIL CODE

Art. 2

Laws must always be PUBLISHED

  1. Must always be published BEFORE becoming effective

Specified date

Art. 3

Ignorance of the law does not exclude anyone from compliance

  1. Laws need to be PUBLISHED (Due Process)

Once a law is effective Everyone must obey the Law

Tanada vs Tuvera

Tanada and Mabini org. brought P.D.s made by Marcos

They had a right to know about these laws

Must be published before becoming effective

Sol. Gen.

No Legal Standing to sue

Must have some interest or right that is directly affected could be affected or immediately threatened by another person's action

Art. 2 : Unless it is otherwise provided

The P.D. provided for when they take effect

Arguments

The publication of all presidential notices "of a public nature" or of "general applicability" is mandated by law

If the P.D. applies only to particular persons or Class of Persons (admin, exec orders)

Need not be notified (assumed circularized)

Publication is ALWAYS REQUIRED

"otherwise provided" refers to the date of effectivity not to the requirement of publication

15 Days after (default)

When(TIME) is a law effective?

  1. When the law provides (Later date)
  1. 15 Days from publication (Art. 2) - DEFAULT
  1. Immediately upon approval

2 Views

Farinas vs Executive Sec.

Minority : Rudolpho Farinas & Chiz Escudero

Challenged Constitutionality

Fair Elections Act sec 14. (R.A. 9006)

Sec. 67 of the Omnibus Election

Elected officials(except V.P. & P.) automatically resign upon filing certificates of candidacy.

Arguments Farinas et al.

Fair Elections Act sec 14. (R.A. 9006) is INVALID

  1. Violates Section 26(paragraph 1) of Article 6 of the 1987 Constitution.

All laws should only have one subject and that subject should be included in its title.


  1. Invalid because "it shall take effect IMMEDIATELY" upon its approval.

No grounds to Sue

Repeal of Sec. 67 may be bad policy but policy matters are not the concern of the court.

The Law was smuggled in the Fair Elections act. It's not about fair elections

The phrase is defective but it doesn't render the entire law invalid

It was not smuggled in because the congressmen who voted on it are presumed to have read it.

Being free to run for office without resigning from another station can be thought to fall under the idea of Free Elections

  1. Discriminates against appointed officials over elected officials

Omnibus Election Code (Sec. 66)

Candidates holding appointive office or position automatically resign from office upon filing certificates of candidacy

Violates the equal protection clause of the Constitution because it repeals Section 67 only of the Omnibus Election Code (not 66)

Sec. 67 is a good Law

Constitutional Mandate on the "Accountability of Public Officers:"

Grave abuse of power

Speaker and Sec. Gen of the House of Reps. didn't consider candidates running in 2001 as ipso facto resigned (before RA 9006)

Arguments of Opposition

No standing

"Overarching Significance to our Society"

The court takes a liberal standing and hears these things out (in this case)

Examples

Constitutionality of Rep. Act No. 8180 (An Act Deregulating the Downstream Oil Industry and For Other Purposes)

Constitutionality of a provision of Rep. Act No. 6734 (Organic Act for the ARMM) in Chiongbian v. Orbos

Decision of the Court

Section 14 of Rep. Act No. 9006 Is Not a Rider

"assure free, orderly, honest, peaceful and credible elections." (R.A. 9006 Sec 2)

The State shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.

"Surely this provision in Section 67 of the old Election Code of the existing Omnibus Election Code is a form of harassment or discrimination. And so I think that in the effort at leveling the playing field, we can cover this and it should not be considered a rider." Rep. Marcos (Ilocos)

The Court is convinced that the title and the objectives of Rep. Act No. 9006 are comprehensive enough to include the repeal of Section 67 of the Omnibus Election Code within its contemplation.

Personal Opinion

There is a great irony here. It's important enough that we don't have to strictly follow procedure to hear it.

Not important enough that we protect a Law that was created using the Const. Mandate to ensure accountability of public officials

In the end the S.C. can't really prevent congress from repealing laws that are meant to prevent abuse by the legislature.

Checks and balances by the judiciary only really define the rock bottom that congress or the president cannot pass. (Constitution)

It means "15 days after the publication"

Publication can NEVER BE OMITTED

Before someone is bound by the law (Art. 3) one must be informed of the law

ISSUE

ISSUE

Whether or not the clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement of publication itself

Whether or not the requirement of publication can be dispensed with.

Equal Protections merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced.

La Bugal-B'Laan Tribal Association , Inc. vs. Secretary

When the law states it shall take effect immediately upon approval it becomes effective immediately upon publication.

Later revised in 2003 by La Bugal-B'Laan vs Sec.

click to edit

click to edit

When a law is published it is CONCLUSIVELY PRESUMED that everyone knows the law.

Types of Presumptions

  1. Disputable Presumption (JURIS TANTUM)

Prima facie (face value) presumption. They are also called rebuttable or presumptions

You can challenge these. Disputable presumption

Example

Art. 1735

If goods are lost destroyed or deteriorated, COMMON CARRIERS are presumed to have been at fault or have acted negligently. Unless prove the observed extraordinary diligence as required in Art. 1733

  1. JURIS ET DE JURE (Conclusive Presumption)

The law does not allow the presentation of evidence to CONTRADICT the conclusion.

A PRESUMPTION is an assumption as to the existence of a fact or set of facts. Most of them are laid down by law; others come from ordinary human experience or common sense.

Exceptions

Examples

Article 526

Article 1334

Mutual error as to the legal effect of an agreement, when the real purpose of the parties is frustrated may VITIATE consent

Article 2155

Payment by reason of a MISTAKE in the construction or application of a doubtful or difficult question of the law may come within the scope of SOLUTIO INDEBIT

Vitiate

Destroy or impair the legal validity of

Solutio Indebiti

If something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises.

Components

  1. Based on doubtful or difficult question of the law
  1. Mistake produces effects which are recognized by the Law
  1. Mistake

Mistake upon a doubtful or difficult question of the law may be the basis of good faith.

click to edit

click to edit

click to edit

click to edit

Foreign Laws

Doctrine of :Processual Presumption/Presumed Identity-Approach

Foreign Laws must be specifically alleged and proved in Philippine Courts

Otherwise they are assumed the same as our local laws

How do we "prove"?

Orion Savings Bank vs Suzuki

Suzuki (Japanese) bought a condominium and attached parking lot from a Kang (Korean)

Renovated the condominium

Foreigners cannot own land in the PH.

Exceptions

Prop. acquired before 1935 constitution

Prop. acquired through succession

Condominium Act

Foreigners can buy up to 40% of any condo building provided that 60% is owned by Filipinos

Foreigners can own the building but not the land

Suzuki allegedly pays Kang in full

Kang leaves the Philippines but leaves the title with the Bank and not with Suzuki

Suzuki files complaint of specific performance + damages

Tell Orion or Kang to give me the title I've already paid - Suzuki

Orion Bank Defenses

Under Korean Law conveyance of a conjugal prop. should be made with the consent of both spouses

NO

IMMOVABLE properties are gov. by the Law of the place where they are situated

Lex Loci Rei Sitae

Property relations between spouses are gov. principally by the national law of the spouses

HOWEVER

The Judges cannot be presumed to know foreign laws and thus their validity must be proved.

click to edit

Submitted a certification by the Korean embassy that Korean Law exists

NO

Takeaway

Submit a copy of the foreign Law

"Yung Sam Kang ‘married to' Hyun Sook Jung"

Does not prove it was a conjugal property but only that the two were married. (Accdg to PH Laws)

The Title must therefore be delivered to SUZUKI

You need to plead and prove foreign laws in Ph. court. The presumption is the foreign law is the same as Philippine Law.

ART. 4

"Laws shall have NO RETROACTIVE effect, UNLESS the contrary is provided

Exceptions

  1. If the Law itself provides that it is retroactive

Exceptions to the Exception

  1. EX POST FACTO law
  1. The new law will result in the IMPAIRMENT of obligation of contracts

Laws that make previously legal acts illegal (MARIA RESA)

Laws that decrease the quantum of proof for a crime

  1. When penal laws are favorable to the accused.

Exceptions

Habitual Delinquent

  1. Person has committed 3 crimes
  1. Crimes of Robery, Theft, Estafa or Falsification
  1. Less than 10 years between the CONVICTION FOR OR RELEASE FROM 2nd Crime and the commission of 3rd crime.
  1. Procedural Laws

SYSTEMS FACTORS CORP. vs NLRC

"remedial statutes or statutes relating to remedies or modes of procedure, which DO NOT create new or take away vested rights, but only operate in furtherance of the remedy or confirmation of rights already existing DO NOT come withing the legal conception of a retroactive law or the general rule against retroactive operation of statutes."

Procedural remedies are retroactive as long as they don't create or take away vested rights AND further remedies/rights that already exist.

Procedural Laws can't violate your rights because

Procedural Laws don't attach to rights nor are rights created by procedural laws

  1. Curative Statutes

are enacted to cure defects in a prior law...

click to edit

  1. If the Law creates new substantive rights

Bona vs. Briones (1916)

1911 Rules

Will is valid without an attestation clause if it can be proven that all of the requirements in the attestation clause are present

Will disallowed by Lower Courts

New Rule

Expanded attestation clause + other rules

Exception to the Exception

If it prejudices removes or otherwise changes another right acquired from the same origin

ART. 5

Acts executed against the provisions of MANDATORY or PROHIBITORY laws shall be VOID, EXCEPT when the law itself AUTHORIZES their validity.

Verba Legis non est recedendum (Plain meaning Rule)

From the words of statute there should be no departure

Example

Art. 2 (Family Code)

No marriage is VALID unless there essential requisites are present

(1) Legal capacity of the contracting parties who must be a male and a female; and

(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 1027(CIVIL CODE) The following are incapable of succeeding:

(1) The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period;

(2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, b, or institution to which such priest or minister may belong;

(3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid;

(4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children;

(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness;

(6) Individuals, associations and corporations not permitted by law to inherit. (745, 752, 753, 754a)

It's pretty obvious why this exits. Looking at you DAMASO.

EXCEPTIONS

  1. When the law itself AUTHORIZES their VALIDITY
  1. When the law makes the act VALID BUT PUNISHES the violator.

Example

If the boat delivering your items at sea encounters a storm and must jettison cargo. They are legally authorized to Jettison if doing so will prevent the ship from capsizing.

Shooting someone in self defense is authorized provided the requisites under the revised penal code are met.

Example

SMDC vs ANG

Dismissal was valid because there was just cause. But it was considered VOID because it did not follow due process. (procedural violations).

Damages (30k) was awarded to the dismissed for NOMINAL DAMAGES.

  1. When the law makes the act VOIDABLE

Contracts

Valid

Voidable

Void

Meets all of the requirements of the law.

Valid until it is annulled.

Does not meet the requirements of the law.

Strictly speaking in the eyes of the law a VOID contract doesn't exist is ILLEGAL and cannot be enforced

An action to challenge a VOID contract does prescribe. It has no expiration period.

Can be challenged (annulled)

Can be RATIFIED (FIXED)

Example (Marriage)

Affidavit of Parental Advice (21-24)

Affidavit of parental consent(18-20)

Required for Valid Marriage

Ratification without Affidavit

Upon reaching the age of 22 if you cohabit and live together as husband and wife this RATIFIES the marriage

  1. When the law recognizes the act as VOID but nevertheless recognizes LEGAL EFFECTS arising from the VOID act.

Example

Art. 36 (Family Code)

A marriage contracted by any party who, at the time of the celebration, was PSYCHOLOGICALLY INCAPACITATED to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)

Basically if you didn't understand the obligations of marriage (PSYCH. INCAPACITATED)

There was no marriage from the start.

PSYCHOLOGICALLY INCAPACITATED

The kids are still legitimate after the marriage is annulled.

NO EXCEPTIONS

click to edit