Articles 1 12
Articles 1 12
Article 1 of the Civil Code And finally, it’s for the common observance and benefit of
everyone. So in line with it being obligatory, all if not most
Article 1. This Act shall be known as the "Civil Code of the
Philippines. people are expected to comply with the law, subject of course
to a few exceptions. And everyone is presumably protected and
benefited by the laws in place.
Now, this chapter on persons and family relations, usually, or
rather pertains to the effect and application of laws. So under
this chapter, we will be discussing key concepts which in fact Civil Law - One of the bar exam components; consists 15%
will not only be applicable to your study of persons and family of your bar grade.
relations but to other laws as well because the civil code is in
fact a very broad code. It covers not just persons and family Now Civil Law, like I said earlier, is broad in scope because it
relations. It covers contracts, torts, sales, partnership, agency deals with the relationship of individuals with each other. So
–so in fact the civil code is very broad but for purposes of our person to person, individual to individual, whether natural or
discussion this evening we will only be talking about Articles 1- juridical.
14 of the Civil Code.
And then it also deals with the relationship of an individual
So the Civil Code became effective on August 30,1950 and it with society. So it covers plenty of possibilities like the
has been in effect ever since. However, some parts of the civil transaction between person A who is a natural person and
code have been repealed by the Family Code. person B who is also a natural person or it also covers the
transaction between person A who is a natural person and a
The first chapter of the Civil Code discusses the effect and corporation which is a juridical person and then of course
application of laws. So this covers Article 1-18. But before that there are multiple times a transaction that can happen
let’s have a preview or rather let’s briefly discuss what is civil between these individuals.
law in the first place or going back even further, we ask the
question, WHAT IS THE LAW? So that's why Civil Law is very broad in scope and that's also
why if you look at, for example, the bar coverage for civil law
Law it's very comprehensive.
1. Rule of conduct,
2. Just and obligatory, The Civil Law is a collection of laws which regulate the
3. Laid down by legitimate authority private relations of the members of civil society determining
4. For common observance and benefit. (Sanchez their respective rights and obligations with reference to
Roman) things and civil acts (2 Sherman 9)
So when we say rule of conduct, it is a set of rules that governs So this is what I am saying na there are many aspects of civil
the behaviors of persons and transactions which involve things law.
or institutions.
When we say just and obligatory, presumably the law is just Coverage of Civil Law
● The rights of a person and the rights of personality
meaning it is fair and harmonizes the rights of individuals as
● The family and the rights of a family
among themselves and with the greater society.
It’s obligatory because everyone is expected to observe the What is the coverage of Civil Law?
laws and non-compliance will merit some sort of penalty. ● rights of a person and the rights of
personality – the rights of a person what are
Thirdly, it has to be laid down by some legitimate authority you entitled to as a person and what is your
because if it’s not laid down by legitimate authority, then it personality. Personality usually pertains to
cannot be made binding as well. So in our country, who lays personality to sue, personality to be sued,
down these laws? It’s the legislative branch, our Congress. things like that.
● The family and the rights of a family What about the Civil Code? What is the Civil Code? Our Civil
Code is basically the compilation of existing civil laws,
scientifically arranged into book, titles, chapters, and sub-
Coverage of Civil Law heads. Again, promulgated by legislative authority. So our civil
code is divided into four books: Book I is Persons and Family
The rights of a person, and the rights of Relations. Book II is Property, Ownership and Its Modification.
personality Book III refers to the Different Modes of Acquiring Property,
The Family and rights of family and Book IV pertains to Obligations and Contracts.
Associations and partnerships
The human patrimony When you move further in law school, you will encounter
-The right to things or the many Civil Law subjects. Pero kasi naiba na yung curriculum
right of property and its modifications ngayon no? Pero it used to be that in the second semester, you
-The right to obligations have obligations and contracts, which is still the same right
-The right to hereditary now. You have obligations and contracts in your next
succession (Castan, 8th ed.) semester, but it will now be paired with sales. And then, for
your second year you have Property, Land Titles, Credit
Discussion: Transactions, Partnership, Succession, Torts and Damages,
Tackles questions like; who would constitute a family? What Conflict of Laws. So, madaming civil law subjects in law school.
right is a family? What rights do individuals in a family have?
What are they entitled to demand from each other? It also
Civil Law vs. Civil Code
covers Associations and Partnerships. Like when you form a
● Civil Law is wider in scope because it encompasses
business, what are you entitled to demand from your partner?
all laws relating to private relations between the
Collolarily, what are your obligations if you’re part of a
members of society.
partnership or a corporation? It also deals with Human
● Civil Code is a mere collection of these laws, but not
Patrimony. So, this refers to property. How do you own, trade,
all civil laws are found in the Civil Code. Other laws
maintain property? How do you deal with others in relation to
like PD 603 (Child and Youth Welfare Act), and EO
property? What are the rules? What are the laws? What makes
209 (Family Code) do not form part of the Civil
a contract binding? Things like that. These are just a few of the
Code, but form part of the Civil Law of the
things that are covered under Civil Law.
Philippines.
Civil Code So, how would you differentiate then the Civil law versus the
Civil Code?
Civil Code - compilation of existing civil ● Clearly, the Civil Law is wider in scope because it
laws, scientifically arranged into books, encompasses all laws relating to private relations
titles, chapters, and sub-heads promulgated between the members of society.
by legislative authority (Black’s Law
● On the other hand, the Civil Code is merely a
Dictionary)
collection of these laws but not all civil laws are found
in the civil code. Precisely, we have PD 603 which is a
Civil Code is Divided into four (4) books:
Child and Youth Welfare Act, we have E.O 209 which
-Book I Persons and Family Relations is your Family Code and this does not form part of our
Civil Code however they form part of the Civil Law of
-Book II is Property, Ownership and
the Philippines..
Its Modification
-Book III Different Modes of
Very basic distinction.
Acquiring Property,
-Book IV Obligations and Contracts.
Classification of Laws
● Substantive v. Remedial
● Private v. Public
preventing the commission of crimes or meting punishment in
● Mandatory/Prohibitory v. Pemissive/Directory
order to deter the commission of crimes. So that is the interest
contained in the criminal cases filed against offenders versus
How do we classify law then? transactions which are private in nature, really the interest
There are three ways, or well actually this is not the only way being upheld there is the interest of one person against
no, but more or less this is how we generally classify laws. You another who violated that person’s rights.
have;
Mandatory/ Prohibitory v. Permissive/ Directory
Substantive Laws vs Remedial Laws Mandatory or Prohibitory Laws these are laws from which
obviously no deviation is allowed and you’re not allowed to
When you say Substantive Law, it's that part of the law which violate them. Of course, when you violate them, there’s more
creates, defines, and regulates rights or which regulates the or less steeper penalties versus Directory Laws which allow
rights and duties which give rise to a cause of action. It is that some leniency in their compliance.
part of the law which the courts are established to administer.
So for example, criminal statutes and penal laws are
What about remedial law? mandatory or prohibitory in nature. There is no option to not
This one prescribes the method of enforcing rights or obtaining comply with them or not to obey them. We have to obey them
redress for their invasions. otherwise you will be sent to jail.
So, Substantive law is the law that provides you the reason for The period, for example, within which to decide a case on the
bringing your action. part of a judge, its directory meaning it can go beyond the
period, however, that is subject to probably the imposition of
On the other hand, remedial law provides you with a administrative penalties. But that’s not a certainty. It could be
procedure, the method as to how you will bring your action if that you can justify it na hindi mo siya madecide within that
your right is violated. period because of several circumstances but in Criminal Law,
the exception is super stringent. So that is why the period to
For example, the right to be recognized as an illegitimate child decide is merely directory as compared to the criminal statute
or a legitimate child, this one is a substantive right. which is mandatory/prohibitory.
But how you’re going to bring your action for recognition, that
EFFECTIVITY OF LAWS
is covered by remedial law.
Effectivity of Laws - Article 2. Laws shall take effect after
What about the classification between private law and public fifteen days following the completion of their publication in
law? When we talk about private law, obviously we talk about the Official Gazette, or in a newspaper of general circulation,
the relationship of private individuals, well public law governs unless it is otherwise provided. This Code shall take effect
the relationship between the individual and the State and one year after such publication.
seeks to regulate societal behaviors, so we have micro v macro
scale.
Now, this is not a definition that you need to really memorize, - The phrase “unless otherwise provided” pertains to
but if you look at the definition of what is a newspaper of the date of effectivity, not to the requirement of
general circulation the important elements here are that it is publication.
within the court’s jurisdiction published at regular intervals for
the dissemination of local news and general information. So, So, for a law to take effect, it has to be published. But the law
there must be the essence of regularity. Ok, so yung mga can provide for its own date of effectivity. Which is what the
major newspapers natin, araw-araw silang nag pa-published, phrase “unless otherwise provided” pertains to, it’s the date of
araw-araw silang dine-deliver. Although, the sad thing is, with effectivity, not the requirement of publication.
the pandemic, all these businesses took a hit. So, instead of
really printing, what they did was to produce online copies of So, if the law provides for its own date of effectivity, then we
it. follow that, if it is not, it will be effective on the 16th day from
its publication pursuant to Article 2.
We have yet to see, is that valid? SYEMPRE kasi, meron parin
naman siyang printed counterparts even if they reduced the So, remember it does not become effective on the 15th day,
production of these newspapers in print. Because of the but AFTER 15 days following completion of the publication.
pandemic, the production lessened. But it’s still being
produced at regular intervals for dissemination of local news If the law says “it will be effective immediately”. How would
and general information. you construe that?
So this goes into the requirement of due process. You cannot Discussion:
charge someone when they have no knowledge of what they So consistent with the tenor of Article 2, The Supreme Court in
did. Publication creates the conclusive presumption that man Tanada vs. Tuvera held that publication is mandatory even if
should know the law he is being charged with. the law itself provides for the date of its effectivity. Otherwise,
there would be no basis to penalize a citizen who disobeys the
- Publication must be complete law when the citizen has no means to know what the law is.
Of course, the third point is that publication must be complete. This is in line with the Due Process clause espoused in our
So meaning, from the title of the law, to the effectivity clause. Constitution that no person shall be deprived of his life,
All provisions must be published. Bawal summary, bawal liberty, or property without due process of Law.
salient points lang. So, kung mahaba masyado yung law, ano
ang gawin mo tapos di magkasya sa newspaper? Then, it can What about Supreme Court decisions?
be published in tranches. So may portion lang na ipublish Because as you will learn later on, when we reach Article 8,
today, and then tomorrow, and then the following day. Judicial Decisions applying or interpreting the Laws or the
Constitution shall form a part of our Legal System in the
And when do we recon the effectivity if it says effective Philippines. In other words, the Supreme Court decisions, the
immediately? Then the date of the last portion of the law was one you’re reading now, become part of the law of the land.
published. Or if there’s no “effectively immediate“, then it
becomes effective on the 16th day after publication pursuant So the question is raised in De Roy vs. Court of Appeals, do we
to Article 2. have to publish these decisions in the Official Gazette as well?
- Purpose: Due Process (in relation to Article 3 of De Roy vs. Court of Appeals
the Civil Code) -Contrary to petitioners’ view, there is no law requiring the
publication of Supreme Court decisions in the Official
So like I said earlier, this requirement of publication is for Gazette before they can be binding and as a condition to
purposes of due process. And we will discuss Article 3 later on their becoming effective.
again reflecting back on Article 2.
Tañada vs. Tuvera -It is the bounden duty of counsel as lawyer in active law
-Considered in the light of other statutes… the conclusion is practice to keep abreast of decisions of the Supreme Court
easily reached that said Article 2 does not preclude the particularly where issues have been clarified, consistently
requirement of publication in the Official Gazette, even if reiterated, and published in the advance reports of Supreme
the law itself provides for the date of its effectivity. Court decisions (G.R.’s) and in such publications as the
Supreme Court Reports Annotated (SCRA) and law journals.
-The clear object of the [Article 2] is to give the general
public adequate notice of the various laws which are to Discussion on the case:
regulate their actions and conduct as citizens. Without such You know from your reading of De Roy vs. Court of Appeals
notice and publication, there would be no basis for the there is no need to publish them on the official Gazette
application of the maxim “ignorantia legis non excusat.” It because unlike the laws of the country which all citizens must
would be the height of injustice to punish or otherwise be familiar with, the Supreme Court decisions which apply or
burden a citizen for the transgression of a law of which he interpret these laws are the responsibilities of the lawyers, the
had no notice whatsoever, not even a constructive one. lawyers who are expected to familiarize and study the same
rigidity, the supreme court said when you look at case law it
requires a certain skill to understand jurisprudence owing to
its technicalities, there are terms there which we do not use in Court referred to Republic Act 7061 to determine whether
ordinary sense and there are also structures that are discussed Resolution No. 13-2013 which provides for the rule of
in jurisprudence that an ordinary citizen is not expected to procedure concerning the conduct of investigation against
learn on their own. This is why even if someone has knowledge municipal officials in provinces, should have been published
of the law; it is still different from a lawyer, because a lawyer before it was made effective. Because according to the
has the skill and expertise that a layman would not have when complainants or according to the petitioners the resolution
reading the law. provided for the jurisdiction of the sanggunian. But you know
from your reading that this is wrong, that this contention is
ARTICLE 2- EFFECTIVITY OF LAWS wrong because resolution No. 13-2013 did not provide for the
jurisdiction of the Sanggunian, it was the local government
Code that provided for the jurisdiction of the Sanggunian. The
Villafuerte vs. Cordial
resolution was only interpretive of Chapter 4 of the local
-In the instant case, what was being assailed is Resolution
government code. So if it's interpretive, not penal in nature
No. 13-2013, which provides for the rules of procedure
then there is no need to publish the said resolution.
concerning the conduct of investigation against municipal
officials in said province, issued by the Sangguniang
Panlalawigan of Camarines Sur. Clearly, it is neither penal in
nature as it does not provide for any sanction or punishment ARTICLE 3. Ignorance of the law excuses no one from
nor a tax measure. It is merely interpretative of Title II, compliance therewith.
Chapter 4 of the LGC , which outlines the procedure when a
● knowledge of the law is a conclusive presumption
disciplinary action is instituted against an elective local
under law. Applies only to prohibitive/mandatory
official. Based on the foregoing, Resolution No. 13-2013
laws, not permissive/suppletory laws.
need not be published.
● Ignorance of the law vs. Ignorance of fact
-Ignorance of the law is lack of knowledge of the
-Also, it bears stressing that the RTC erroneously concluded
law insofar as it applies to a particular act or
that the element of publication is an essential element of
circumstance. Inexcusable.
the Sangguniang Panlalawigan of Camarines Sur’s
-Ignorance of fact is lack of knowledge of some fact
jurisdiction over the proceedings of the case.
relating to a particular subject matter. Excusable.
Caranto v. Caranto
Discussion:
A question of law arises when there is doubt as to what
Next article provides that laws shall have no retroactive effect,
the law is on a certain state of facts, while there is a
unless the contrary is provided. So this provides the general
question of fact when the doubt arises as to the truth or
rule as to how we apply laws that are passed. So there’s no
falsity of the alleged facts. For a question to be one of law,
retroactive effect, meaning we do not apply to laws or rather
the question must not involve an examination of the
to circumstances which occurred before the effectiveness of
probative value of the evidence presented by the litigants
the law.
or any of them. The resolution of the issue must rest solely
on what the law provides on the given set of
Statutes should be given prospective or future operation. And
circumstances. Once it is clear that the issue invites a
this is consistent with Section 10 and Section 22 of Article III of
review of the evidence presented, the question posed is
the 1987 Constitution, which state that “no law impairing the
one of fact.
obligations of contracts shall be passed.” And Second, “no ex
post facto law or bill of attainder shall be enacted.”
Discussion:
Now ito si Caranto he brought a petition for review on So there’s impairment of contracts, I think this is or I’m not sure
certiorari before the supreme court where instead of raising if this will discussed in your Consti 1 or Consti 2, but anyway
questions of law, he raised questions of fact. So what is key in when we say “impairing the obligation of contracts”, we say
this case of Caranto v. Caranto is the discussion on the there is “impairment” if a subsequent law changes the terms
distinction on what is a question of law vs. a question of fact. of a contract between the parties, imposes new conditions,
So in this case the supreme court said, “a question of law dispenses with those agreed upon, or withdraws remedies for
arises when there is doubt as to what the law is on a certain the enforcement of the rights of the parties.
state of facts while there is a question of fact when the doubt
arises as to the truth or falsity of the alleged acts. For a For example, certificates of public convenience and these are
question to be one of law, the question must not involve an usually awarded to public utility vehicle operators. So if these
examination of the probative value of the evidence presented are amended, you amend the rules concerning the issuance of
by the litigants or any of them. The resolution of the issue the certificate of public convenience. They could possibly
must rest solely on what the law provides on the given set of affect the contract between bus operators and their drivers
circumstances.” and employees. Ok? But the only thing you also have to
remember is that, while there is a law or rather while there is
So if we have to summarize it, when we say a question of fact, a constitutional mandate that says we cannot pass laws which
it's a question of whether is it the truth or not. But when we would impair the obligation of contracts at the same time this
say a question of law, it's a question of how do we apply the protection is tempered by the existence of police power,
law to a certain or given set of facts. So it is pretty clear what because police power can regulate agreements like these.
the distinction is. Even if to some extent it may appear as if there is an
impairment of the contract. So anyway that’s more of a
Article 4 - Prospectivity of Laws discussion that’s better explored under your constitutional
law. But briefly that is also something that’s also something
that you would like to look at, probably.
Why do we discourage retroactive application of laws as a
general rule? Because number 1, impairing the obligation and
Article 4 - Prospectivity of Laws
contracts, it imposes a new duty or it cuts down on benefits
that supposedly were to be received out of that contract or it
Art. 4 Laws shall have no retroactive effect, unless the
creates a new obligation. And third, it attaches a new
contrary is provided.
disability in respect to a past transaction, which is exactly the
case in an ex post facto law. These are circumstances that are
Statutes should be given prospective (future) operation.
frowned upon by our constitution which is why as much as
This is consistent with Sec.
possible, there is no retroactive application of new laws.
10 and Sec. 22 of Article III of the 1987 Constitution, which
However, of course, as with any general rule, there are always
state:
exceptions. What are laws that are typically given retroactive
- Sec. 10. No law impairing the obligation of
effect? Because the general rule, laws shall have no retroactive
contracts shall be passed.
effect.
- Sec. 22. No ex post facto law or bill of attainder
shall be enacted.
What's the relaxation or the exception to this general rule?
These are the following:
Now, ex post facto law, what is that ?
It’s a law that punishes an act which at the time it was
Article 4 - Laws with Retroactive Effect
committed, was not yet punishable by the law.
1. Remedial laws
2. Penal laws
Example: You are in the business of selling rare pearls and
3. Curative Laws
Congress suddenly passed a law, making punishable the sale of
4. Emergency Laws
these rare pearls kasi endangered species na yung clams that
5. Laws creating new rights
produced them. So if you sold the pearls a day before the law
6. Tax laws
was made effective, then those transactions prior to the
effectivity of the law, cannot be punished by the new law.
However, if the law says, those previous acts which you
committed are also punishable, then that becomes an ex post When you say Remedial Laws, this is demonstrated in Atienza
facto law because it extends its effectivity into the past. vs Brillantes, Carlos vs Sandoval. It's not in the syllabus
Hence, violating due process. anymore, but I still like talking about this case, Cheng vs Sy.
What is a bill of attainder, on the other hand? You also have Penal laws, like for example the Good Conduct
Time Allowance.
A bill of attainder is an act that automatically finds a person This is a law that you will encounter in your Criminal Law. I
guilty of a crime without trial. Obviously, It’s not allowed think Criminal Law I because it pertains to the computation of
because it violates due process. It’s prohibited because it penalties.
violates due process.
You also have Curative Laws, which is discussed in DBP vs
Example: Red tagging, although it’s not necessarily something Court of Appeals. Where the legality of DBP's purchase of
that leads to prosecution. But if for example, in the event that certain lands were called to question. And then, eventually
a law is passed saying, if you are red-tagged, automatic kulong Congress enacted Republic Act 3147 which eventually gave
ka. Then that’s already a bill of attainder because you’re found authority to DBP to purchase those lands. So it became
guilty of a crime without trial. curative in a sense that any questions as to the invalidity of the
acquisition were cured by the law that was passed.
You also have laws creating new rights.
Retroactive application is usually discouraged as: 1) it
So you have for example, the use of the father’s surname
imposes a new duty; 2) creates a new obligation; and 3)
under Article 176 as amended by RA9255 which was passed in
attaches a new disability in respect to a past transaction.
2004.
However, there is also a corresponding limitation to that right,
because later on you will see that illegitimate children may use
the surname of their father but if their filiation has been
expressly recognized by their father or when the birth is or Issue: So the question then becomes should AM No. 02-11-10
rather their filiation is recognized through their record of birth be given retroactive effect?
appearing in the civil register or when the father makes an
admission in a public document or private handwritten Rule: The Supreme Court said no, it must be applied
instrument, this is an example of laws that create new rights prospectively because if you look at Article 1 of AM No. 02-11-
given retroactive effect. 10, it reads:
Why do you think? Because they favor the child who seek “This rule shall govern petitions for declaration of absolute
recognition. nullity of void marriages and annulment of voidable marriages
under the Family Code of the Philippines”.
Of course, penal laws is favourable to the accused or convict.
This is self explanatory and this is also demonstrated, in think So it’s clear within AM No. 02-11-10 itself that it only applies
in the case of Demosparan v People. to marriages under the Family Code therefore it should be
given prospective application. So dito malinaw kung san
nagsisimula yung effectivity ng law.
ARTICLE 4 – General Rule
Cheng’s remedy was then to appeal the dismissal of the civil Abalos vs. People
complaint.
In the case of Hisoler vs. People, the court has ruled that amount of the fraud is over Twelve Thousand Pesos
since the penalty under the RPC is more beneficial to the (P12,000.00). but does not exceed Twenty-Two Thousand
accused, thus, it is the proper penalty to be imposed. It Pesos (P22,000.00). Thus, the penalty for estafa under the
ratiocinated as follows: new law should be given retroactive effect, being more
favorable to the petitioner.
● […] The court finds that the benefits that would
accrue to the Petitioner with the imposition of a -In contrast, for falsification of a commercial document, the
lower minimum sentence outweighs the longer penalty of imprisonment is the same for both Article 172 (1),
prison sentence and is more in keeping with the in relation to Article 171 (2), of the Revised Penal Code and
spirit of the Indeterminate Sentence Law. RA 10951 which is prision correccional in its medium and
● […] The basic purpose of the ISL is to “uplift and maximum periods, albeit, the imposable fine is different.
redeem valuable human material, and prevent Under the Revised Penal Code, the imposable fine is not
unnecessary and excessive deprivation of personal more than Five Thousand Pesos (P5,000.00); while under RA
liberty and economic usefulness.” Simply, an 10951, the imposable fine is not more than One Million
indeterminate sentence is imposed to give the Pesos (P1,000,000.00).
accused the opportunity to shorten the term of
imprisonment depending upon his or her We also have the case of Abalos vs. People and the case of
demeanor and physical, mental and moral record Desmoparan vs. People. Now what these two (2) cases have
as a prisoner… in common is that they all looked at
It is clear therefore that if R.A. No. 10951 would be ISSUE: Whether or not R.A. 10951 if given retroactive effect
given retroactive effect, the same will prejudice would benefit the offender.
petitioner. The penalty under the RPC, insofar as it
benefits the petitioner must prevail. RULE: In this case, in Abalos vs. People R.A. 10951 would not
benefit Abalos, because if we apply R.A. 10951 Abalos’ penalty
would get bigger. So instead of R.A. 10951, what was applied?
The penalty under the Revised Penal Code (RPC)
Discussion:
Article 5 refers to Mandatory or Prohibitory laws in any acts Discussion:
that are executed in violation of the same. Acts executed (1) Expressly Validating the contract.
against the provisions of the mandatory or prohibitory laws
shall be void, except when the law itself authorizes their Under expressly validating the contract, usually one of the
validity. So, it’s mandatory because you’re obliged to comply ways to validate a contract that you originally denied is to
the law. Mandatory/prohibitory laws are mandatory in a sense accept the benefits that you would get from the contract.
that you are obliged to comply. Otherwise, your act will be
void. That is, it is without force and effect. Example:
Supposedly there is a deed of sale or a contract of sale but it
For example, you agreed to bet in a horse race. It has been was against your conscience, you don't want to accept the
made illegal under our laws, you cannot go to court and ask money that was supposedly tendered in court for your
the court to enforce your agreement because under our laws, property but eventually you realize buti pa mag abroad nalang
that agreement is illegal and, thus, void under our mandatory ako at dun nalang mamuhay with that the money that will be
laws. given to me, so if you accept the money then that is an express
validation of the contract.
Example:
Directory means that the Constitution provides a certain There is an agreement to marry but the agreement is tainted
period in time wherein for example yung judges are supposed with violence or intimidation, in that case the marriage may be
to decide cases. If the case is not decided within that time voidable or annullable and the one who can opt to void or
frame, the decision produced by the judge does not become annul the marriage is the innocent party or the victim.
void. The decision is still valid, but it is without prejudice to any
administrative liability on the part of the judge. (3) Can punish it criminally but you still validate the act
Article 6 - Waiver
● Right- is a legally enforceable claim of one person
against another, that the other shall do a given ● Rights as classified under the constitution
act, or shall not do a given act. ○ Natural rights- Those which grow out of
the nature of man and depend upon Article 6- Waiver
personality, as distinguished from such as
are created by law and depend upon Waiver - waiver is the intentional or voluntary
civilized society, like the right to life. relinquishment of a known right, or such
○ Civil rights- such as belong to every conduct as warrants an inference of
citizen of the state or country, or in a relinquishment of such right. Waiver can be
wider sense, to all its inhabitants and are expressed or implied.
not connected with the organization or
administration of government, like the Now what are the requisites of a valid waiver?
right to marry, right to property, 1. The waiving party must have the right
marriage, etc.
he is renouncing.
2. He must have the full capacity to make
○ Political rights- consist in the power to
the waiver.
participate, directly or indirectly, in the
3. The waiver must be clear and
establishment of or administration of
unequivocal.
government, such as the right of
4. The waiver must not be contrary to
citizenship, that of suffrage, the right to
law. Public order, public policy, morals
hold public office, and the right of or good customs or prejudicial to a
petition. third person with a right recognized by
law.
Now the classification of rights under the constitution are 5. When formalities are required as in
natural right, civil rights and political rights. So the definitions the case of an express condonation of
are actually quite straight forward. a debt, the formalities must be
complied with.
Second requirement, yung full capacity, meaning under So let’s go to the cases
our law, you must not possess any of the
Article 6 - Waiver
disqualifications to make you capable of binding
someone with a contract. So it means for example, you
Famanila vs. Court of Appeals
are no longer a minor or apart from your age, you must
not be a civil interdictee. Ano yung civil interdictee? A
-Disability is not among the factors that may
civil interdictee is one who is civilly dead. Hindi ano ha,
vitiate consent (...) save for petitioner’s self-
hindi how would you say this, physically yung na parang
serving allegations, there is no proof on
gulay. Civil interdictee meaning you are incapable of
record that his consent was vitiated on the
performing almost all acts which are supposed to bind
account of his disability. In the absence of
other individuals. Okay? So if you are a civil interdictee,
such proof of vitiated consent, the validity of
ano ba yung mga rights na meron ka? You have the right
the Receipt and Release must be upheld
to marry, he can execute a marriage settlement because
you are given the right to marry, or you can make
-It is only where there is clear proof that the
donations. But these donations only become effective
waiver was wrangled from an unsuspecting or
after death. So pag full capacity, meaning we’re talking
gullible person, or the terms of the
about capacity to act and we’ll define what’s capacity to
settlement are unconscionable on its face,
act more clearly later. But I just want you to remember
that the law will step in to annul the
this requisite and later on maybe siguro on our third or
questionable transaction. But where it is
fourth week, we can refer back to this, tying it to the
shown that the person making the waiver did
concept of capacity to act. Alright?
so voluntarily, with full understanding of
what he was doig, and the consideration for
Third requisite is that waiver must be clear and
the quitclaim is credible and reasonable, the
unequivocal. What does that mean? Meaning, it must be
transaction must be recognized as a valid and
doubtless that the person meant to waive that right. In
binding undertaking, as in this case.
your mind there is no question that, that person
intended to waive that right. Whether from his conduct
or whether from his words. Pwede rin from his actions. It Discussion:
must be clear in either case that he no longer intends to In Famanila, you have Famanila who was hired by NLD
enforce the right. For example, you try to pay a debt to International Manning. He (Famanila) suffered an
someone whom you owe money, and the person to aneurysm and had to undergo surgery. Now since he
whom you owe money says “ay wag mo na ako bayaran could no longer turn to work as a result of the aneurysm,
okay na yun”. That is already a clear waiver of his right to NLD International settled with him and formally signed a
collect from you. waiver. Later on he argues that the waiver is void
because his disability allegedly affected his capacity to
Now, the other two requisites are pretty self explanatory fully give his consent to the waiver. So it goes to the
so if you look at the waiver it must not contravene any second requirement.
law or public order, public policy, morals or good
customs and if a third person has a right which is Now what did the Supreme Court say?
recognized by law, that third persons right also cannot The supreme court said, the language in the receipt and
be prejudiced by the waiver. So kahit pa na freedom mo release was clear and unambiguous. So if you look at the
to waive a particular right the state also controls that agreement the receipt and release, it was unambiguous.
freedom by putting in the limitation of the law, public It was clear that it acted as a general release of any
liability. So it was a waiver.
to him. A waiver may not be attributed to a
person when its terms do not explicitly and
But the question is, is it valid? Was Famanila’s disability
clearly evince an intent to abandon a right.
sufficient to prevent him from freely agreeing to the
terms offered by NFD International? Meaning, nung
-Parents and guardians may not therefore
pinirmahan nya, was he fully able to comprehend what
repudiate the inheritance of their wards
he signed? Or was he prevented by his disability?
without judicial approval. This is because
repudiation amounts to an alienation of
The supreme court said, generally, when you look at
property16 which must pass the court's scrutiny
disability, it’s not among the factors that will vitiate
in order to protect the interest of the ward. Not
consent. Meaning, it’s not one of the factors that affects,
having been judicially authorized, the Release
adversely, a person’s capacity to give his consent. In this
and Waiver of Claim in the instant case is void
case, aside from Famanila’s assertions that he wasn’t
and will not bar private respondents from
able to fully comprehend his commitment to or his
asserting their rights as heirs of the deceased.
signature on the waiver, then, the supreme court cannot
also rule that the waiver was invalid. Also, while the
-Furthermore, it must be emphasized that
supreme court says that generally, waivers are frowned
waiver is the intentional relinquishment of a
upon especially employee-employer relationships
known right. Where one lacks knowledge of a
because of the power imbalance there–meaning the
right, there is no basis upon which waiver of it
employee is in a lesser position to negotiate with the
can rest. Ignorance of a material fact negates
employer, there’s still a requirement on the part of the
waiver, and waiver cannot be established by a
employee who alleges that the waiver is invalid. It is that,
consent given under a mistake or
it is only where there is clear proof that the waiver was
misapprehension of fact.
wrangled from an unsuspecting or gullible person or the
terms of the settlement are unconscionable, meaning
unfair, that the law will step in to annul the Discussion:
questionable transaction. So this is the threshold. When In Guy vs Court of Appeals, it's a manifestation of how
the supreme court steps in to say, “baka there’s you cannot waive what right you do not have.
something wrong with the waiver.” If, for example, that So, why? What are the circumstances of this case?
the person who signed the waiver isn’t able to read and
write. In that case, how could he have understood the In this case the respondents allegedly are illegitimate
contract or the waiver? Actually itong mga circumstances children of Sima Wei, the known heirs among others
na toh as to what as to what vitiates consent, these are argue that the mother of these illegitimate children has
circumstances that you’ll encounter in obligations and already waived all the rights of the children and claims
contracts. These are more thoroughly discussed there. against the estate of Sima Wei, because the mother
But for now, dito sa Famanila vs Court of Appeals, the executed a waiver and quitclaim in exchange for
Supreme Court upheld the waiver because there was no receiving an educational plan.
showing that the consent of Famanila was vitiated on
account of his disability. So, the question is… Was there a valid waiver?
If you look at the waiver, sabi ng Supreme Court “it
What about in Guy vs Court of Appeals? merely states that Remedios (the mother of the
respondents) received the 300,000 and an educational
Article 6 – Waiver
plan by way of financial assistance and in full settlement
of any and all claims of whatsoever nature and kind.”
Guy v CA
-As regards Remedios' Release and Waiver of
But it did not pertain to any hereditary share in the
Claim, the same does not bar private
estate of Sima Wie. Kumbaga the way that the Court
respondents from claiming successional rights.
construed the waiver was for an existing claim during the
To be valid and effective, a waiver must be
lifetime of Rufino Guy Susim. It did not include the
couched in clear and unequivocal terms which
hereditary shares of the illegitimate children in the
leave no doubt as to the intention of a party to
estate of Sima Wei. And more importantly, apart from
give up a right or benefit which legally pertains
the fact that the waiver must be couched in clear and
unequivocal terms, if you look at the circumstances of
the case, the Supreme Court said… “it must be -The Deed of Assignment executed by Colonel
emphasized that the waiver is intentional relinquishment Otamias was not contrary to law; it was in
of a known right. Where one lacks knowledge of a right accordance with the provisions on support in
there is no basis upon which waiver of it can rest.” the Family Code. Hence, there was no reason
for the AFP PGMC not to recognize its validity.
So ignorance of a material fact negates waiver, and
waiver cannot be established by a consent given under a
mistake or misapprehension of fact. So ito yung sinasabi Discussion:
ko na, hindi niya kasi alam that there would be a share In Otamias vs. Republic, dito si Otamias executed a Deed
on the estate. of Assignment whereby he waived half of his salary and
pension benefits, in favor of Edna and their other
The Supreme Court said, you cannot expect her to have children, I’m sorry, and their children.
waived that when si Remedios did not know that the
children would inherit from the estate of Susim After a few years, the AFP decided to stop honoring the
eventually. agreement and so it stopped issuing checks to Edna and
her children, arguing that Otamias’ pension benefits are
And then, as a nail to the coffin, the Supreme Court also exempt from execution, hence it cannot be compelled to
said additionally, guardians do not have the capacity to issue a check in favor of Edna and their children.
repudiate the inheritance of their wards without
judicial approval, although this is not going to the So, the question in this case is, can the deed of
requisites of a the waiver, but this is an additional assignment be recognized as a valid waiver of the exempt
reason why the waiver cannot be construed as a waiver status granted to Otamias’ pension benefits.
of the share of the illegitimate children in the estate of
And the Supreme Court said yes. When he executed the
Rufino Guy Susim.
Deed of Assignment he effectively waived his right to
claim that his retirement benefits are exempt from
execution. The right to receive the retirement benefits
Article 6 – Waiver of Rights belongs to Colonel Otamias and his decision to waive his
retirement benefits does not infringe the right of third
Otamias v Republic persons but even protect the rights of his family to
support.
-When Colonel Otamias executed the Deed of
Assignment, he effectively waived his right to Was the deed of assignment contrary to law? The court
claim that his retirement benefits are exempt said no because it was in accordance with the provisions
from execution. The right to receive on support in the Family Code.
retirement benefits belongs to Colonel
Otamias. His decision to waive a portion of his Was it contrary to morals, good customs? The Supreme
retirement benefits does not infringe on the Court also said no, because it would help support the
right of third persons, but even protects the children
right of his family to receive support
Article 7. Rules on Revival: Repealed by the third law (whether express or implied),
the first law is not revived. UNLESS the third law states
General Rule: In case of implied repeal, there that the first law shall be revived. You have to read it in
is revival and in case of express repeal, there is order to understand fully what we’re talking about in
no revival. terms of revival.
CUSTOM
Rule of conduct formed by repetition of acts,
uniformly observed (practiced) as a social rule, Article 11 and 12 - Customs
legally binding and obligatory. ● General Principles of Law
-The general principles of law consists of the
- Customs do not prevail over laws, “universal juridical standards dictated by
nor when they are against public correct reason; those principles of justice
order or policy. beyond the variability and uncertainty of
facts, those high standards which serve as a
foundation to positive law, those rules
Kahit na may custom kang gustong ipaglaban, if the law
accepted by jurisconsults which constitute
finds that it is contrary to law, then the law shall prevail.
real axioms for all those who intervene in
juridical life, and which from a law superior to
that which is enacted (2 Sanchez Roman, 102)
REQUISITES TO MAKE A CUSTOM AN
OBLIGATORY RULE: ● In our written jurisdiction, the law is
(1) Plurality of acts or the acts have necessarily supreme to the general
been repeatedly done principles of law. Unwritten rules
- Maraming gumagawa at pauli ulit anchored on man’s sense of justice
siya. and equity cannot stand superior to
(2) It is generally practiced by the the written law which is equally
great mass of the social group anchored on the legislator’s sense of
(3) The practice has been going on for justice and equity.
a long period of time
(4) The community accepts it as a
Discussion:
proper way of acting, such that it
Ang haba noh? Ang importante you look at “universal
is considered obligatory upon all
juridical standards dictated by correct reason”, okay?