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Effect and Application of IGNORANCE OF IGNORANCE OR

THE LAW MISTAKE OF


Laws FACT
(Arts. 1-18) -does not excuse a -constitutes an
party from the excuse and is a
CIVIL LAW CIVIL CODE legal consequences legal defense
-is the mass of -is the collection of his conduct
precepts which of laws, which
determines and regulates the Exceptions to the rule that laws shall
regulates those private relations of have no retroactive effect
relations of the members of
assistance, civil society, a. When the law itself expressly
authority and determining their provides for its retroactivity.
obedience respective rights
existing among and obligations, b. When the law is penal insofar as it
members of a with reference to favors the accused who is not a
family as well as persons, things, habitual criminal, even though at the
among members and civil acts. time of the enactment of such law final
of a society for sentence has already been rendered.
the protection of c. When the law is procedural so long
private interests. as it does not affect or change vested
rights.
When did the Civil Code of the
Philippines take effect? d. When the law creates new
substantive rights.
The date of effectivity of the Civil e. When the law is curative in
Code of the Philippines is Aug. 30, character in the sense that the purpose
1950, which is one year after its for its enactment is to cure defects or
publication in the Official Gazette as imperfections in judicial or
required by Art.2 of the said Code. administrative proceedings.
(LARA V. DEL ROSARIO)
f. When the law is interpretative of
other laws.
Discussion: It is clear from the
provision of Art.2 of the NCC that the
NCC of the Philippines shall take effect
Exceptions to the rule that an act
“one year after completion of its
executed against provisions of
publication in the Official Gazette.”
mandatory or prohibitory laws shall
be void:
Actually, it was published in a
Supplement dated June 1949, which a.When the law itself authorizes its
accompanied the June 1949 issue. validity.
However, the editor of the said Official b.Where the marriage was solemnized
Gazette certified that “the June, 1949 by a person who does not have legal
issue of the official Gazette with the authority, but the party or parties
Supplement thereto, was released for believing in good faith, that such
circulation on Aug. 30, 1949. person has the authority to do so, then
Consequently, if the basis for the marriage is valid but the person
computing the one-year period is the who solemnized the same shall be
date of publication, then the date of criminally liable.
effectivity would be June 30, 1950.BUT
if the basis for computing the period is c.Where the law itself authorizes its
the date of circulation, then the date validity, but punishes the violator.
of effectivity would be August 30, d.Where the law merely makes the act
1950. voidable.
Art.3 Ignorance of the law excuses no e.Where the law declares the act as
one from compliance therewith. void, but recognizes legal effects as
arising from it.
-based on expediency, public policy
and necessity
General rule: Rights may be waived,
-refers only to mistakes with regard to UNLESS:
the application or interpretation of a a. the waiver is contrary to law, public
difficult or doubtful question of law or order, public policy, morals or good
with regard to the effect of a certain customs, or
contract or transaction.
b. prejudicial to a third person with a
right recognized by law.(Art.6, NCC)
Waiver is considered void: If months are designated by their
name, they shall be computed by the
a.waiver of future inheritance;
number of days which they
b.waiver of political rights; respective have.
c.waiver of future inheritance
especially if the waiver is intended to In computing a period, the first day
prejudice creditors. shall be excluded and the last day
include (Art.13, NCC).

Doctrine of stare decisis (let it Illustration:


stand, et non quieta movere)
A filed a suit at the RTC, Manila,
- expresses that judicial decisions against B. Summons was served upon B
interpreting the law shall form part of on September 1, 1996. In computing
the Philippines legal system; the 15-day period to file a responsive
pleading, September 1, 1996 should not
-the doctrine which is really be included. The 15-day period should
“adherence to precedents,” states that be computed from Sept. 2, because in
once a case has been decided one way, the computation of a period, the first
then another case, involving exactly day shall be excluded and the last day
the same point at issue, should be shall be included.
decided in the same manner. Reason: You can no longer complete a
whole day on Sept. 1, 1996.
In case of silence, obscurity or
insufficiency of the law with respect Penal laws and those of public
to a particular controversy, the security and safety shall be
judge shall apply the custom of the obligatory upon all who live or
place, and in default thereof, the sojourn in Philippine territory,
general principles of the law and subject to the principles of public
justice (Art. 9, NCC). international law and to treaty
stipulations (Art.14, NCC).
In case of doubt in the interpretation
EXTERRITORIALITY EXTRATERRITORIALITY
or application of laws, it is presumed
- is that fiction -is the exemption of
that the lawmaking body intended
in international foreign persons
right and justice to prevail (Art.10,
law by virtue of from laws and
NCC).
which certain jurisdiction of a
foreign persons state in which they
Customs which are contrary to law,
and their things presently reside
public order, or public policy shall
are exempted
not be countenanced (Art. 11, NCC).
from the -an exemption
jurisdiction of a which can only exist
A custom must be proved as a fact,
state on the by virtue of a treaty
according to the rules of evidence
theory that they stipulation to this
(Art.12, NCC).
form an effect.
extension of the
In order that a custom may be
territory of their
considered as a source of right, the
own state.
following requisites must be proven:
-based on the
(1) plurality of acts;
practice without
(2) uniformity of acts;
treaty
(3) general practice by the great mass
stipulations
of people of the country or community;
(4) general conviction that it is the
proper rule of conduct;.
(5) continued practice for a long period Laws relating to family rights and
of time; duties, or to the status, condition
(6) conformity with law, morals and and legal capacity of persons are
public policy. binding upon citizens of the
Philippines, even though living
When the law speaks of years, abroad (Art.15, NCC)
months, days or nights, it shall be
understood that years are of three -Foreign decrees of divorce (absolute)
hundred sixty five days each; granted to Philippine nationals are
months, of thirty days; days, of generally refused recognition by our
twenty-four hours; and nights from courts because of two (2) very
sunset to sunrise. fundamental reasons. They are:
(1) In this jurisdiction, we adhere to rendered nugatory by the decree of
the nationality theory (Art.15, NCC). A absolute divorce obtained by X abroad.
decree of divorce is certainly one that
will affect or involve the status and
condition of the parties. Real property as well as personal
property is subject to the law of the
(2) It is well settled in this country that country where it is situated.
absolute divorce is contrary to public
policy (Art.17, par.3, NCC). However, intestate and
testamentary successions, both with
Q. James and Kris, Filipino couple respect to the order of succession
married in the Philippines, transferred and to the amount of successional
their residence to Ontario, Canada, rights and to the intrinsic validity of
and resided bona fide there for 15 testamentary provisions, shall be
years. While there, they obtained an regulated by the national law of the
absolute divorce, which is valid by the person whose succession is under
laws of Ontario, Canada. consideration, whatever may be the
Subsequently, they returned to the nature of the property and
Philippines. May the absolute divorce regardless of the country wherein
be recognized in the Philippines? said property may be found (Art. 16,
NCC).
ANS: The absolute divorce cannot be
considered as valid in the Philippines - 1st par.: The doctrine of “lex rei
for the following reasons: sitae”
-2nd par.: There are four aspects of
(1) Absolute divorce is not recognized succession which are governed by the
in the Philippines (Art.15, NCC). law of the person whose succession is
under consideration, and they are:
(2) Well-settled is the rule in this
jurisdiction that absolute divorce is (1) the order of succession;
contrary to public policy. (2) the amount of successional rights;
(3) the intrinsic validity of the will
Q. Carmina and Zoren, a Filipino (Art.16, NCC); and
couple, emigrated to Australia and (4) the legal capacity to succeed.
established their residence in Sydney.
Carmina committed adultery with BB, -Under the nationality principle, all
another Filipino, and Zoren was able these aspects of succession are
to obtain a divorce from Carmina. governed by the national law of the
Zoren returned to the Philippines and person whose succession is under
married Ruffa. Is the marriage valid? consideration.
Reasons.
Q. Allan was born a Filipino but was a
ANS: The marriage between Zoren and naturalized Canadian citizen at the
Ruffa is not valid for lack of legal time of his death on November 1,
capacity on the part of Zoren. From the 1998. He left behind a last will and
viewpoint of Philippine laws, Zoren is testament in which he bequeathed all
still married to Carmina. Consequently, his properties, real and personal, in
there is an impediment to his marriage the Philippines to his acknowledged
to X pursuant to Arts. 2 and 35, par.1, illegitimate Filipina daughter, Anita
of the FC. and nothing to his two(2) legitimate
Filipino sons, Arnold and Alton. The
Essentially, the real issue in the instant sons sought the annulment of the last
problem is whether or not the decree will and testament on the ground that
of absolute divorce obtained abroad is it deprived them of their legitimes but
valid in this country. It is well-settled Anita was able to prove that there
that such decree is void from the were no compulsory heirs or legitimes
beginning. The reasons are well-known. under Canadian law. Who should
In the first place, we adhere to the prevail? Why?
nationality theory. Philippine laws shall
be binding upon Filipino citizens ANS. Anita should prevail because Art.
wherever they are with respect to 16 of the NCC provides that intestate
family rights and duties as well as and testamentary succession shall be
status, condition and legal capacity. governed by the national law of the
And in the second place, in this person whose succession is under
country, there is a declaration of public consideration.
policy against absolute divorce. Such
declaration of public policy cannot be
The forms and solemnities of
contracts, wills, and other public
Human Relations
instruments shall be governed by the
laws of the country in which they are Every person must, in the exercise of
executed. his rights and in the performance of
his duties, act with justice, give
When the acts referred to are everyone his due and observe
executed before the diplomatic or honesty and good faith (Art.19,
consular officials of the Republic of NCC).
the Philippines in a foreign country,
the solemnities established by PRINCIPLE OF ABUSE OF RIGHTS.
Philippine laws shall be observed in
their execution. Q. Is abuse of rights actionable?
Explain.
Prohibitive laws concerning persons,
their acts or property, and those ANS. Yes, abuse of rights is actionable.
which have for their object public This is clear from the provision of Art.
order, public policy and good 19 of the NCC, which declares that
customs shall not be rendered “every person must, in the exercise of
ineffective by laws or judgments his rights and in the performance of his
promulgated, or by determinations duties, act with justice, give everyone
or conventions agreed upon in a his due and observe honesty and good
foreign country (Art. 17, NCC). faith,” and from the provision of
Art.20, which declares that “Every
-the law is an application of the person who, contrary to law, willfully
principle of lex loci celebrationis. or negligently causes damage to
another, shall indemnify the latter for
-1st par.: EXTRINSIC VALIDITY the same.”

Thus, a contract entered into by a The principle of abuse of rights is based


Filipino in Japan will be governed by upon the famous maxim suum jus
Japanese law in so far as form and summa injuria (the abuse of a right is
solemnities of the contract are the greatest possible wrong). However,
concerned. in order that it will be actionable, the
following elements of an abuse of right
-2nd par.: ACTS BEFORE DIPLOMATIC under Art. 19 of the NCC must be
AND CONSULAR OFFICIALS present:

Even if the act be done abroad, still if 1) There is a legal right or duty;
executed before Philippine diplomatic 2) which is exercised in bad faith;
and consular officials, the solemnities 3) for the sole intent of prejudicing or
of Philippine laws shall be observed. injuring another.
The theory is that the act being done
with an extension of Philippine Every person who, contrary to law,
territory. willfully or negligently causes
damage to another, shall indemnify
-3rd par.: PROHIBITIVE LAWS the latter for the same (Art.20,
NCC).
This par. gives one exception to the
rule that a foreign law, contract, or -founded on the rule that every person
judgment can be given effect. The who is criminally liable shall also be
reason is that public policy in the civilly liable.
Philippines prohibits the same.
Any person who willfully causes loss
In matters which are governed by the or injury to another in a manner that
Code of Commerce and special laws, is contrary to morals, good customs
their deficiency shall be supplied by or public policy shall compensate the
the provisions of this Code (ART.18, latter for the damage (Art.21, NCC).
NCC).
Kinds:
SUPPLETORY NATURE. a. Breach of promise to marry
- By itself is not actionable
-Except where there was
financial damage, social humiliation
cause to one of the parties, there was a
moral seduction or if the breach was
done in such a manner as was clearly to him (Art. 22, NCC).
contrary to good morals.
b. Seduction without breach of UNJUST ENRICHMENT. No person can
promise to marry claim what is not validly and legally his
-Liability lies if deceit, or hers. Hence, he should not unduly
enticement, superior power or abuse of profit on something which does not
confidence was used. meritoriously belong to him or her.
c. Sexual assault
d. Desertion by spouse
e. Trespass and deprivation of Even when an act or event causing
property, i.e. disconnection of damage to another’s property was
electricity not due to the fault or negligence of
f. Abortion and wrongful death the defendant, the latter shall be
g. Illegal dismissal; liable for indemnity if through the
h. Malicious prosecution act or event he was benefited (Art.
-An action for damages brought 23, NCC).
by one against another whom a criminal
prosecution, civil suit, or other legal In all contractual, property or other
proceeding has been instituted favor of relations, when one of the parties is
the defendant therein. at a disadvantage on account of his
-there was a legal malice moral dependence, ignorance,
i. Public humiliation indigence, mental weakness, tender
age or other handicap, the courts
Q. V and W, following their mutual must be vigilant for his protection
promise of love, decided to get (Art. 24, NCC).
married and set September 4, 1954 as
the big day. On September 2, V left a -COURT VIGILANCE. The courts must
note for his bride-to-be postponing the render justice and therefore, they must
wedding on the ground that his mother be very vigilant in protecting the rights
was opposed to the wedding. of the disadvantaged with the end in
Thereafter, he was never heard of view that any decision will be in
again. Subsequently, W brought an consonance with what is right and
action against V for moral and legal.
exemplary damages plus attorney’s
fees basing her action on Arts. 21,
2208,2219 and 2232 of the NCC. Will Thoughtless extravagance in
the action prosper? expenses for pleasure and display
during a period of acute public want
ANS. Yes. The action will prosper. or emergency may be stopped by
Ordinarily, a mere breach of promise to order of the courts at the instance of
marry is not an actionable wrong. But any government or private
to formally set a wedding and go charitable institution (Art. 25, NCC)
through all the necessary preparations
and publicity, only to walk out of it EXTRAVAGANCE DURING EMERGENCY.
when the matrimony is about to be The law seeks to prevent inconsiderate
solemnized, is quite different. This is and ostentatious activities during times
palpably contrary to good customs, for of emergency.
which the erring promissory must be
held answerable in damages in Note: Art.25 specifically provides for
accordance with Art. 21, NCC. the entities which are given legal
standing to seek an injunction: any
When breach of promise to marry is government or private charitable
actionable under Art. 21 of the NCC, institution.
such as in the instant case, moral
damages may be awarded under Q.Are interferences with the dignity,
Art.2219(10) of the said Code. personality, privacy and peace of mind
Exemplary damages maybe awarded, of a neighbor or any other person
attorney’s fees may also be awarded actionable?
under Art.2208 of the said Code.
ANS. Yes they are actionable. This is
clear from Art.26 of the NCC, which
Every person who through an act or provides:
performance by another, or any
other means, acquires or comes into “Every person shall respect
possession of something at the the dignity, personality, privacy and
expense of the latter without just or peace of mind of his neighbors and
legal ground, shall return the same other persons. The following and
similar acts, though they may not ordinary care. (Pro Line Sports Center,
constitute a criminal offense, shall Inc. v. CA, 88 SCAD 524, 1997)
produce a cause of action for
damages, prevention and other When the accused in criminal
relief. prosecution is acquitted on the
ground that his guilt has not been
(a)Prying into the privacy of proved beyond reasonable doubt, a
another’s residence (violation of civil action for damages for the same
privacy) act or omission may be instituted.
(b)Meddling with or disturbing Such action requires only a
the private life or family relations of preponderance of evidence. Upon
another (interference with motion of the defendant, the court
family and other relations) may require plaintiff to file a bond
(c)Intriguing to cause another to answer for damages in case the
to be alienated from his friends complaint should be found to be
(intriguing to cause alienation) malicious.
(d)Vexing or humiliating
another on account of his religious If in a criminal case the judgment of
beliefs, lowly station in life, acquittal is based upon reasonable
place of birth, physical defect or doubt, the court shall so declare. In
other personal condition the absence of any declaration to
(vexation and humiliation) that effect, it may be inferred from
the text of the decision whether or
-This article speaks of protection of not the acquittal is due to that
human dignity. ground (Art.29, NCC).

Any person suffering material or NOTE: “Extinction of the penal action


moral loss because a public servant does not carry with it extinction of the
or employee refuses or neglects, civil, unless the extinction proceeds
without just cause, to perform his from a declaration in a final judgment
official duty may file an action for that the fact from which the civil might
damages and other relief against the arise did not exist.” (RULE 111,
latter, without prejudice to any Sec.2[c] Rules of Court)
disciplinary administrative action
that may be taken (Art. 27, NCC). When a separate civil action is
brought to demand civil liability
RELIEF AGAINST PUBLIC OFFICIAL. A arising from a criminal offense, and
public official is suppose to be an agent no criminal proceedings are
or at least a representation of the instituted during the pendency of the
government and, therefore, the law civil case, a preponderance of
exacts on him or her an obligation to evidence shall likewise be sufficient
be very vigilant and just so that the to prove the act complained of (Art.
public can be assured that the 30, NCC).
government is truly effective in
servicing their needs. Any person, CIVIL ACTION ARISING FROM A CRIMINAL
suffering from the refusal or neglect of OFFENSE. A civil action to enforce civil
any government employee or public liability of the accused arising from the
servant to perform his duties, is crime charged as a felony may be filed
entitled to damages. ahead of the criminal action. In that
case, the plaintiff is required to prove
Unfair competition in agricultural, his case by preponderance of evidence.
commercial or industrial enterprises, The law allows the filing of the civil
or in labor through the use of force, action; but the moment a criminal
intimidation, deceit, machination or action is filed, the civil action is
any other unjust, oppressive or high- suspended.
handed method shall give rise to a
right of action by the person who When the civil action is based on an
thereby suffers damage (Art. 28, obligation not arising from an act or
NCC). omission complained of as a felony,
such civil action may proceed
Test of Unfair Competition independently of the criminal
proceedings and regardless of the
The test of unfair competition is result of the latter (Art. 31, NCC).
whether certain goods have been
intentionally clothed with an CIVIL ACTION NOT ARISING FROM
appearance which is likely to deceive FELONY. This refers to a civil action
the ordinary purchasers exercising which is no longer based on the
criminal liability of the defendant, but c. fraud
on an obligation arising from other d. physical injuries
sources, like law, contracts, quasi- e. neglect of duty of public officers
contracts and quasi-delicts.
Difference in procedure between civil
Art. 32 of NCC provides for the basic action and independent civil action.
constitutional rights of a citizen.
Civil actions Independent civil
SEPARATE CIVIL ACTION FOR VIOLATION which are not actions based on
OF CONSTITUTIONAL RIGHTS. independent and criminal offenses
are based on under Arts. 32,
-Violation of any of the enumerated other criminal 33, 34
constitutional rights under this article offenses
may give rise to criminal and civil (1)If the civil (1)The action
liability. action is continues until it
commenced is terminated.
In cases of defamation, fraud, and ahead of the
physical injuries, a civil action for criminal action,
damages, entirely separate and upon the
distinct from the criminal action, institution of the
may be brought by the injured party. latter, the
Such civil action shall proceed former is
independently of the criminal suspended.
prosecution, and shall require only a
preponderance of evidence (Art.33, (2)If the criminal (2)Action may be
NCC). action is instituted even
commenced during the
When a member of a city or ahead of the pendency of the
municipal police force refuses or civil action and criminal action.
fails to render aid or protection to the injured party
any person in case of danger to life reserved his
or property, such peace officer shall right to institute
be primarily liable for damages, and a civil action
the city or municipality shall be separately,
subsidiarily responsible therefore. normally, such
The civil action herein recognized injured party
shall be independent of any criminal shall have to
proceedings, and a preponderance of wait for the
evidence shall suffice to support such termination of
action (Art.34, NCC). the criminal
action before he
Illustrative case: can institute the
civil action.
A person is being held-up. A police
officer refused to help him despite
pleas fro help as a consequence of (3)If the criminal (3)It might be
which the personal belongings of the action is possible for the
person were taken. Such police officer commenced offended party to
is primarily liable for damages and the without any bring a civil
city or municipality is subsidiarily liable reservation by action against the
in case of insolvency of the police the injured party offender
officer. of his right to provided the he
institute a civil bases it on an
Supposing the act of the police officer action obligation arising
constitutes a crime, any civil action separately, the from law, or on a
that may be filed shall be independent civil action for contract, or on a
of any criminal proceedings. the recovery of quasi-contract, or
Preponderance of evidence shall be civil liability is a quasi-delict.
sufficient to support a decision in such impliedly
action. instituted with
the criminal
Independent civil action action, and so, if
the accused is
-Bases: Art. 32, 33 and 34 acquitted in that
-Include: he did not
a. violation of civil and political rights commit the
b. defamation offense charged,
normally the the bigamy charge?
injured party
can no longer ANS. B cannot successfully interpose a
institute a civil prejudicial question to suspend the
action to recover prosecution of the bigamy charge. As
damages. held by the SC in People v. Aragon (94
Phil. 257), where the nullity of the
marriage is due to the fault of the
Exceptions provided by the NCC that party who is accused of bigamy, such
once a criminal action has been party may not avail himself of his own
commenced, the civil action for malfeasance in order to defeat the
damages arising from the offense action based on his criminal act.
charged shall be suspended until the Otherwise, if he is permitted to do so,
final termination of the criminal that would violate the principle that in
action. order to obtain redress, a person must
go to court with clean hands.
(1) Art.31, NCC;
(2) Art.32, 33, 34, NCC;
(3) Art. 36, NCC

What is a prejudicial question?

A prejudicial question is a question


which arises in a case, the resolution of
which is a logical antecedent of the
issue involved in said case, and the
cognizance of which pertains to
another tribunal (Art.36, NCC).

NOTE: For a civil case to be considered


prejudicial to a criminal action as to
cause the suspension of the latter
pending the final determination of the
former, it must appear not only that
the civil case involves the same facts
upon which the criminal prosecution
would be based, but also that in the
resolution of the issues raised in said
civil action, the guilt or innocence of
the accused would necessarily be
determined.

What are its elements?

The following are the elements of


prejudicial question:

(1) It must be determinative of the


guilt or innocence of the accused in the
criminal case; and
(2) Jurisdiction to try said question
must be lodged in another tribunal.

What is its effect upon a criminal


action?

Its effect upon a criminal case is to


suspend it if one has already been
commenced.

Q. A, under duress, married B. During


the pendency of the case for
annulment filed by A, B and C married.
The Fiscal, upon the complaint of C,
prosecuted B for bigamy. Can B
successfully interpose a prejudicial
question to suspend the prosecution of

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