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Notes on: Waiver - intentional Repeal of law.

Legislative act of
Articles 1 -20 Art 4. Non-retroactivity of laws relinquishment of a known right. abrogating through a subsequent
Effect and Application of Laws Laws shall have no retroactive It is important that a right, in law the effects of a previous
effect, unless the contrary is order that it may be validly statute or portions thereof.
Art 1. Republic Act Number 386 provided. waived, must be in existence at Express repeal. Repeal by which
This act shall be known as the the time of the waiver literally declared by a new law
Civil Code of the Philippines That law looks into the future and When to waive your rights? Specific terms. Where particular
has no retroactive effect unless laws and provisions are named
Republic Act No. 386 prepared by the legislature may have given When you know there is a right and identified and declared to be
the Roxas Code Commission, effect to some legal provisions. exists repealed.
created via EO No. 48 March 20, Retroactive Application General terms. Where a
1947 provision in new law declares all
An Act to Ordain and Institute the When the law expressly You require knowledge of facts laws and parts of laws
Civil Code of the Philippines provides for retroactivity. basic to the exercised of the right inconsistent to be repealed.
When the law is curative or waived Implied repeal. New law contains
Art 2. Effectivity of the Civil remedial provisions contrary to the
Code When the law is procedural Constitution with those of a
Laws shall take effect after 15 When the law is penal in You must be aware of its former without expressly
days following the date of their character and favorable to the consequences repealing them.
publication in the Official Gazette, accused. Prohibition against waiver. If it is Unconstitutional Statutes. The
unless otherwise provided. This contrary to law, public order, Constitution is the supreme
Code shall take effect one year policy, morals, good customs, organic and fundamental law of
after publication. Art 5. Mandatory and prejudicial to the 3rd person with the land.
Prohibitory Laws a right recognized by the law. The constitutionality of
1950 Civil Code took effect on Acts executed against the Rights, protections, and unconstitutionality of the statute
August 30, 1950 provisions of mandatory or advantages conferred by statutes depends upon factor other than
Effectivity of Laws. When a prohibitory laws shall be void, are generally waived. those existing at the time of the
statute does not explicitly provide except when the law itself enactment, unaffected by acts or
for its effectivity, it shall have authorizes their validity. Art 7. Repealed Laws omissions of law enforcing
effect only after the expiration of Law are repealed only by agencies, specially those that take
the 15-day period following the Mandatory law. Law is one the subsequent ones, and their place subsequently.
completion of its publication omission which renders the violation or non-observance shall Partial Unconstitutionality of
either in the Official Gazette or in proceeding or acts to which it not be excused by disuse, or Statutes. Where the portion of the
a newspaper of general relates generally illegal or void custom, or practice to the statute is rendered
circulation. Prohibitory law. Contain positive contrary. unconstitutional and the
prohibitions and are couched in When the court declare a law to remainder valid, the parts will be
Art 3. negative terms be inconsistent with the separated, and the constitutional
Ignorance of the law excuses no Constitution, the former shall be provisions upheld.
one compliance therewith. Art 6. Waiver void the latter shall govern. Rules and regulations etc. Rules
Rights may be waived, unless the Administrative or executive acts, and regulations when
Ignorantia legis non excusat waiver is contrary to law, public orders and regulations shall be promulgated in pursuance of the
It is a presumption that every policy, morals or good customs, or valid only when they are not procedure or authority conferred
person knows the law. Article 3 prejudicial to the third person contrary to the laws or the upon the administrative agency
applies only to mandatory or with right recognized by the law. Constitution. by law, partake of the nature of a
prohibitory laws. sanction provided in the law.
A rule is binding on the courts so Judges are tasked with the Art 13. Years, months, days, However, intestate and
long as the procedure fixed for it dispensation of justice in nights testamentary succession and to
promulgation is followed. accordance with the When the law speaks of years, the amount of successional rights
The regulations adopted under constitutional precept that no months, days or nights, it shall be and to the intrinsic validity of
legislative authority by a person shall be deprived of life, understood that years are of 365 testamentary provisions, shall be
particular department must be in liberty or property without due days each; months of 30 days; regulated by the national of the
harmony with the provisions of process of law. days, of 24 hours; and nights person whose succession is under
the law. Judicial Legislation. The judiciary from sunset to sunrise. consideration, whatever may be
task is to resolve controversies If months are designated by their the nature of the property and
Art 8 - Judicial Construction and interpreting statutes. The name, they shall be computed by regardless of the country wherein
and Interpretation judiciary cannot legislate. the number of days which they said property may be found.
Judicial decisions applying or respectively have.
interpreting the laws or the Art 10. Doubtful statutes In computing a period, the first Testamentary succession. When
Constitutions shall form a legal In case of doubt in the day shall be excluded and the last the descendant died with a valid
system of the Philippines. interpretation and application of day included. will which must be duly allowed
laws, it is presumed that the by the court. It is essential that
Construction. Is the art or process lawmaking body intended right Art 14. Obligatory force of penal there be qualified heirs of the will
of discovering and expounding and justice to prevail. laws Intestate succession. Either the
the meaning and intentions of the Penal laws and those of public descendant died without a will, or
authors of the law, with respect to Where the law is clear, it must be safety and security shall be he died with a void or an
its application to a given case, applied according to its obligatory upon all who live or ineffective will. It is not correct to
where that intention is rendered unambiguous provisions. sojourn in the Philippine territory, say that there is intestacy just
doubtful, among other reason of If there is ambiguity in the law, subject to the principles of public because there is no will. In
the fact that the given case is not interpretation of the law requires international law and to treaty intestacy, a valid could be in
explicitly provided for in the law. fidelity to the legislative purpose. stipulations existence although it might have
Effect of Judicial Decision. Legis lost its validity or there are no
interpratio legis vim obtinet. The Art 11. Customs Art 15. Nationality Rule qualified heirs or all designated
interpretation placed upon a Customs which are contrary to Laws relating to family rights and heirs have refuse the inheritance.
written law by a competent court law, public order or public policy duties, or to the status, condition Order of succession. Order in
has the force of law. shall not be countenanced and legal capacity of persons are which individuals are expected to
Supreme Court decisions Art 12 binding upon citizens of the succeed one another in some
A custom must be proved as a Philippines, even though living official position.
Authoritative and precedent- fact, according to the rules of abroad. Amount of successional rights.
setting evidence. Regardless of where a citizen of Amount of property that each heir
CA & Inferior courts the Philippines might be, he or is legally entitled to inherit from
Custom - rule of conduct formed she will be governed by Philippine the estate available for
Merely persuasive by repetition of acts, uniformly with respect to his or family rights distribution.
observed as a social rule, legally and duties, or to his or her status, Capacity to succeed
Art 9. Duty of judges binding and obligatory. condition, and legal capacity. Intrinsic validity of the provisions
No judge or court shall decline to Local custom as a source of right of the will. e.g., whether a
render judgment by reason of the cannot be considered by a court Art 16 Law Governing Real disinheritance has properly been
silence, obscurity or insufficiency of justice unless such custom is Properties made or not, whether a
of the laws. properly established by competent Real property as well as personal testamentary disposition can be
evidence like any other fact. property is subject to the law of given effect or not.
the country where it is situated.
Lex rei sitae - Law where the celebrationis but by the lex rei Provides a rule of conduct that is Elements:
property is situated. sitae. consistent with an orderly and
Renvoi doctrine. Commonly used Acts before diplomatic and harmonious relationship between There is an act which is legal
in conflict of laws. It refers to the consular officials. They are and among men and women. But which is contrary to
application of rules of one state by representatives of the state, Sets certain standards which may morals, good customs, public
the court or tribunal of another therefore any act or contract be observed not only in the order, or public policy;
state, in order to solve a conflict of made in a foreign country must exercise of one's rights but also in And it is done with the intent to
laws problem. conform with the solemnities the performance of one's duties. injure.
under Philippine law. The host Elements of abuse of rights:
Art 17 country, by rules of international
The forms and solemnities of law, waives its jurisdiction over There is a legal right or duty; Arts 19, 20, 21 are related to
contracts, wills, and other public the premises of the diplomatic Which is exercised in bad faith; each other and under these
instruments shall be governed by office of another country located For the sole intent if articles an act which causes
the laws of the country in which in the said country. prejudicing or injuring another injury to another may be made
they are executed. Prohibitive laws. Under our law, the basis for an award of damages
When the acts referred to are prohibitive laws concerning
executed before the diplomatic or persons shall not be rendered Art. 20. Willfully or negligently
consular officials of the Republic ineffective by laws or judgment causes damage to another Art. 22. Prevention of unjust
of the Philippines in a foreign promulgated, or by Every person who, contrary to enrichment
country, the solemnities determinations or conventions law, willfully or negligently causes Every person who, through an act
established by the Philippine laws agreed upon in a foreign country. damage to another, shall or performance by another, or any
shall be observed in their indemnify the latter for the same. other means acquires or comes
execution. Art 18 Suppletory Nature. into possession of something at
Prohibitive laws concerning In matters which are governed by Speaks of the general sanction for the expense of the latter without
persons, their acts or property, the Code of Commerce and all other provisions of law which just or legal ground, shall return
and those which have for their special laws, their deficiency shall do not especially provide for their the same to him.
object public order, public policy be supplied by the provisions of own sanction.
and good customs shall not be this Code. Designed to fill in the countless Art. 23.
rendered ineffective by laws or gaps in the statutes, which leave Even when an act or even causing
judgments promulgated, or by Any deficiency in the Code of so many victims of moral wrongs damage to another's property was
determinations of conventions Commerce shall be supplied by helpless, even though they have not due to the fault or negligence
agreed upon in a foreign country. the provisions of the Civil Code. actually suffered material and of the defendant, the latter shall
moral injury. be liable for indemnify if through
Extrinsic validity. Law provides Articles 19 to 36 the act or event he was benefited.
that the forms and solemnities of Human Relations Art. 21. Contrary to good
public instruments, wills, and customs, moral, public policy Unjust enrichment. No person
contracts shall be governed by the Art. 19. Abuse of Right Doctrine Any person who willfully causes can claim what is not validly and
laws of the country where they Every person must, in the losses or injury to another in a legally his or hers.
are executed. exercise of his rights, in the manner that is contrary to Nemo cum alterius detrimento
Lex loci celebrationis. The place performance of his duties, act morals, good customs or public locupletari potest. No one shall
where the law is contracted. with justice, give everyone his policy shall compensate the latter enrich himself at the expense of
Formalities of acquisition, due, and observe honesty and for the damage. another.
encumbering and alienation of good faith.
property shall however, be Deals with the acts contra bonus Art. 24. Protecting the rights of
governed not by the lex loci mores or against good morals. the disadvantage
In all contractual, property or Meddling with or disturbing the Article 28. filed where only preponderance of
other relations, when one of the private life or family relations of Unfair competition in agricultural, evidence is needed.
parties as at a disadvantage on another; commercial or industrial Proof beyond reasonable doubt.
account of his moral dependence, Intriguing to cause another to enterprises, or in labor through The amount of proof which forms
ignorance, indigence, mental be alienated from his friends; the use of force, intimidation, an abiding moral certainty that
weakness, tender age or other Vexing or humiliating another deceit, machination or any other the accused committed the crime
handicap, the courts must be on account of his religious beliefs, unjust, oppressive or highhanded charge. It is not absolute
vigilant for his protection. lowly station in life, place of birth, method shall give rise to a right of certainty.
physical defect, or other personal action by the person who thereby Preponderance of evidence. The
Court vigilance. The court must condition. suffers damage. evidence adduced by one side
render justice, therefore, must be outweighs the other.
vigilant in protecting the rights of Necessary in a system of free
the disadvantaged with the end in Protection of human dignity. enterprise to give others fair Art. 30. Civil obligation arising
view that any decision will be in Meant to regard human life and chance to engage in business or from a criminal offense.
consonance with what is right safety, to forestall human earn a living. When a separate civil action is
and what is legal. suffering or to try to protect brought to demand civil liability
persons from being unjustly Art. 29. Civil action when guilt arising from a criminal offense,
Art. 25. Extravagance during humiliated. is not proved beyond reasonable and no criminal proceedings are
emergency. doubt. instituted during the pendency of
Thoughtless extravagance in the Art. 27. When the accuse in criminal civil case, a preponderance of
expenses for pleasure or display Any person suffering material or prosecution is acquitted on the evidence shall likewise be
during a period of acute public moral loss because a public ground that his guilt has not been sufficient to prove the act
want or emergency may be servant or employee refuses or proved beyond reasonable doubt, complained of.
stopped by order of the courts at neglects, without just cause, to a civil action for damages for the
the instance of any government or perform his official duty may file same act or omission may be Even if a civil obligation arose
private charitable institution. an action for damages and other instituted. Such action requires from a criminal offense, the
relief against the latter, without only a preponderance of evidence. required quantum of evidence in a
The law seeks to prevent prejudice to any disciplinary Upon motion of the defendant, the civil suit to claim such civil
inconsiderate and ostentatious administrative action that may be court may require the plaintiff to obligation is not proof beyond
activities during times of taken. file a bond to answer for damages reasonable doubt but merely
emergency. in case the complaint should be preponderance of evidence.
Relief against public officials. A found to be malicious. In short, civil obligation arising
Art. 26. public official is supposed to be a If in a criminal case the judgment from a criminal offense only needs
Every person shall respect the representation of the government, of acquittal is based upon a preponderance of evidence as a
dignity, personality, privacy and and therefore, the law exacts on reasonable doubt, the court shall quantum of proof.
peace of mind of his neighbors him an obligation to be vigilant so declare. In the absence of any Art. 31.
and other persons. The following and just so that the public can be declaration to that effect, it may When the civil action is based on
and similar acts, though they may assured that the government is be inferred from the text of the an obligation not arising from the
not constitute a criminal offense, truly effective in servicing their decision whether or not the act or omission complained of as
shall produce a cause of action for needs. acquittal is due to that ground. a felony, such civil action may
damages, prevention and other Any person, suffering from the proceed independently of the
relief. refusal or neglect of any public Civil Action. When the guilt of the criminal proceedings and
servant to perform his duties, is accused is not proven beyond regardless of the result of the
Prying into the privacy of entitle to damages. reasonable doubt, civil action to latter.
another's residence' prove the civil liability can still be
Civil action not arising from Freedom from arbitrary or when the person confessing violating the constitutional rights
felony. Article 31 seeks to give an illegal detention; becomes a State witness; and liberties of another.
aggrieved party a remedy and a Freedom of suffrage; Freedom from excessive fines, Reasons:
cause of action in this kind of Freedom against deprivation of or cruel or unusual punishment,
situations. property without due process of unless the same is imposed or Threat to freedom originates
Civil action arises not from felony law; inflicted in accordance with a from abuses of power of
if there is no pre-existing The right to just compensation statute which has not been government officials. The citizen
contractual relations between the when private property is taken for judicially declared had to depend upon the
parties ---> quasi-dilect. public use; unconstitutional; and prosecution attorney for the
This provision is evidently refers The right to the equal Freedom of access to the institution of criminal
to a civil action based, not on the protection of the laws; courts. proceedings, in order that the
act or omission charged as a The right to be secure in one's wrongful act might be punished
felony in a criminal case, but to person, houses, papers, and In any case referred to in this under the RPC and the civil
one based on obligation arising effects against unreasonable article, whether or not the liability exacted.
from other sources, such as law searches and seizures; defendant's act or omission Even when the prosecuting
or contract. The first is governed The liberty of abode and of constitute a criminal offense, the attorney filed a criminal action,
by the provisions of the Civil changing the same; aggrieved party has a right to the requirement of proof beyond
Code, and not those of the RPC. The privacy of communication commence an entirely separate reasonable doubt often prevented
An independent civil action is an and correspondence; and distinct civil action for the appropriate punishment.
action based upon the same The right to become a member damages, and for other relief. Direct and open violations of
criminal act as in the case of Arts of any associations or societies for Such civil action shall proceed the Penal Code trampling upon
32, 33, 34. purposes not contrary to law; independently of any criminal the freedoms named are not so
Quasi-delict is culpa aquiliana The right to take part in prosecution (if the latter be frequent as those indirect ways
and is separate and distinct from peaceable assembly to petition the instituted), and my be proved by a which do not come within the pale
criminal negligence, which is a government for redress of preponderance of evidence. of penal law
delict, which is punishable under grievances; The indemnity shall include moral
the RPC. The right to be free from damage. Exemplary damages may Good faith not a defense. The very
This article also applies to culpa involuntary servitude in any form; also be adjudicated. nature of Art 32 is that the wrong
contractual. The right of the accused The responsibility herein set forth may be civil or criminal. It is not
against excessive bail; is not demandable from a judge necessary therefore that there
Art. 32. The right of the accused to be unless his act or omission should be malice or bad faith.
Any public officer or employee, or heard by himself and counsel, to constitutes a violation of the
any private individual, who be informed of the nature and Penal Code or other penal statute. Art 33. Civil action for violation
directly or indirectly obstruct cause of the accusation against of private rights
defeats, violates or in any manner him, to have a speedy and public Separate civil action for violation In case of defamation, fraud, and
impedes or impairs any of the trial, to meet the witnesses face to of constitutional rights. 1947 physical injuries, a civil action for
following rights and liberties of face, and to have compulsory Code Commission found it damages, entirely separate and
another person shall be liable to process to secure the attendance imperative that a separate civil distinct from the criminal action,
the latter for damages: of witness in his behalf; action is necessary for the may be brought by the injured
Freedom from being compelled violation of the individual's party. Such civil action shall
Freedom of religion; to be a witness against one's self, constitutional rights. proceed independently of the
Freedom of speech; or from being forced to confess Art 32 renders any public officer criminal prosecution, and shall
Freedom to write for the press guilt, or from being induced by a of employee or any private require only a preponderance of
or to maintain a periodical promise of immunity or reward to individual liable in damages for evidence.
publication; make such confession, except
Principle is allow the citizen to Art. 35. Reservation of civil Art. 36. Prejudicial Question.
enforce his rights in a private action. Article 36. Pre-judicial questions,
action brought by him, regardless When a person, claiming to be which must be decided before any
of the action of the State attorney. injured by a criminal offense, criminal prosecution may be
Defamation, fraud, and physical charges another with the same, instituted or may proceed, shall
injuries and are understood in for which no independent civil be governed by rules of court
their ordinary sense. Fraud, action is granted in this Code or which the Supreme Court shall
estafa; defamatory, libel; physical any special law, but the justice of promulgate and which shall not
injuries, death or crime of the peace finds no reasonable be in conflict with the provisions
homicide, but it cannot include grounds to believe that a crime of this Code.
reckless imprudence resulting in has been committed, or the
homicide. Why? Because it is not prosecuting attorney refuses or - The general rule is that the
listed in the crimes under Art 33. fails to institute criminal criminal case takes precedence;
This article authorizes the proceedings, the complainant may an exception would be if there
institution of an independent civil bring civil action for damages exist prejudicial questions, which
action for damages, which shall against the alleged offender. Such should be resolved before the
proceed independently of the civil action shall be supported by criminal case.
criminal prosecution and shall be preponderance of evidence. Upon PREJUDICIAL QUESTION: That
proved by a preponderance the defendant's motion, the court which must precede the criminal
evidence. may require the plaintiff to file a action that which requires a
bond to indemnify the defendant decision before a final judgment is
Art. 34. Members of the police in case the complaint should be rendered in the principal action
force. found to be malicious. where the said question is closely
When a member of a city or During the pendency of the civil connected. The resolution of the
municipal police force refuses or action, an information should be Prejudicial question will
fails to render aid or protection to presented by the prosecuting determine if the criminal action
any person in case of danger to attorney, the civil action shall be may proceed.
life or property, such peace officer suspended until the termination
shall be primarily liable for of the criminal proceedings. Ex. A and B got married. B then
damages, and the city or married C. A filed a case for
municipality shall be subsidiary Rules of the Court sets out the bigamy against B. B also filed a
responsible therefor. The civil procedure with respect to the civil case against C (the second
action herein recognized shall be reservations in criminal cases spouse) contending that she was
independent of any criminal with respect to civil liability of the intimidated into marrying C. The
proceeding, and a preponderance accused: civil case to determine whether
of evidence shall suffice to there was intimidation or not
support such action. Institution of criminal and civil must necessary be resolved before
actions. the bigamy case. If B was indeed
Refusal to render needed When separate civil action is intimidated in marrying C, there
assistance whenever a citizen go suspended is no bigamy.
to seek help can be a basis for When civil action may proceed
claiming damages against them. independently
The city or municipality shall be Effect of death on civil actions.
subsidiary responsible therefor.

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