Lecture Notes on Civil Law Professor Ruben F. Balane

CHANGES IN THE NEW CIVIL CODE 1. Granting of new rights • Example: The Family Code erases the distinction between natural and spurious children. Now they are lumped together as ‘illegitimate.’ Thus, spurious children are given rights. 2. Different solutions to old problems • Example: Change in river course 3. Clarification of old provisions • Example: Under the old Civil Code, there were only void and voidable contracts. With the addition of unenforceable and rescissible contracts, the NCC provides clarification 4. Certain subjects omitted • Examples: The dowry has been omitted; certain leases have also been omitted. The NCC is far from perfect. There are structural defects. Certain thingswhich should be in the preliminary section are found elsewhere. An example of this isthe vices of consent. Why are they found in contracts? They are relevant in alljuridical transactions. Another example is the topic of degrees of relationship. This isfound only in succession. Degrees of relationship are relevant in other books too.Finally, why is tradition found in the law on sales? Tradition is not only important insales. Rather, tradition is a mode of acquiring ownership.

PRELIMINARY TITLE

I. Effect and Application of Laws Art. 1. This Act shall be known as the “Civil Code of the Philippines.”

Art. 2. Laws shall take effect after fifteen days following thecompletion of their publication in the Official Gazette, unless it is otherwiseprovided. This Code shall take effect one year after such publication.

• ‘This code shall take effect 1 year after such publication.’ The SC in the case of Lara vs. Del Rosario that the one year should be counted from the date of actual release and not the date of issue. • Executive Order No. 200 supersedes Article 2 regarding the time of effectivity of laws.

EXECUTIVE ORDER NO. 200

PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN ANEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FORTHEIR EFFECTIVITY

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WHEREAS, Article 2 of the Civil Code partly provides that “laws shall take effectafter fifteen days following the completion of their publication in the Official Gazette, unlessit is otherwise provided . . .”;

WHEREAS, the requirement that for laws to be effective only a publication thereofin the Official Gazette will suffice has entailed some problems, a point recognized by theSupreme Court in Tañada, et al. vs. Tuvera, et al. (G.R. No. 63915, December 29, 1986) whenit observed that “[t]here is much to be said of the view that the publication need not bemade in the Official Gazette, considering its erratic release and limited readership”;

WHEREAS, it was likewise observed that “[u]ndoubtedly, newspapers of generalcirculation could better perform the function of communicating the laws to the people assuch periodicals are more easily available, have a wider readership, and come outregularly”; and

WHEREAS, in view of the foregoing premises Article 2 of the Civil Code shouldaccordingly be amended so the laws to be effective must be published either in the OfficialGazette or in a newspaper of general circulation in the country;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtueof the powers vested in me by the Constitution, do hereby order:

Sec. 1. Laws shall take effect after fifteen days following the completion of theirpublication either in the Official Gazette or in a newspaper of general circulation in thePhilippines, unless it is otherwise provided.

Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the “Civil Code of thePhilippines,” and all other laws inconsistent with this Executive Order are hereby repealedor modified accordingly.

Sec. 3. This Executive Order shall take effect immediately after its publication in theOfficial Gazette.

Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteenhundred and eighty-seven.

• ‘15 days following’ - does this mean on the 15th or 16th day? The law is not clear.Paige’s Answer: Art13, NCC – in counting periods, the first day excluded, last dayincluded • Under Article 2, publication in the Official Gazette was necessary. Now, unde

r E.O. No. 200, publication may either be in the Official Gazette or a newspaper of general publication. • ‘unless otherwise provided’ refers to when the law shall take effect. It does not mean that publication can be dispensed with. Otherwise, that would be a violation of due process. • General Rule: Laws must be published in either the Official Gazette or a newspaper of general circulation. • Exception: The law may provide for another manner of publication. Different manner meaning: 1. Not in Official Gazette or newspaper of general circulation; or Example: Read over the television or the radio (provided that the alternative is reasonable) 2. Change in the period of effectivity – example take effect immediately or longer than 15days

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• ‘publication’ means making it known; dissemination. It doesn’t have to be in writing. • ‘Change period of effectivity’ – the gap between publication and effectivity should be reasonable under the circumstances. • Before publication, cannot apply the law whether penal or civil (Pesigan vs. Angeles) Why? How can you be bound if you don’t know the law? • Requirement of publication applies to all laws and is mandatory.

Art. 3. Ignorance of the law excuses no one from compliancetherewith.

• Ignorantia legis neminem excusat (Ignorance of the law excuses no one).• This is a necessary rule for all civilized society. Otherwise it would be impossible to enforce the law. It is very hard to determine whether or not a person really does not know the law. Without this rule, there would be anarchy. The law sacrifices occasional harshness to prevent universal anarchy.• There are potential methods to mitigate the severity of Article 3 – Articles 526 (¶3), 2155, 1334.*• In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in good faith since a difficult question of law was involved – antichresis. In this case, the parties were not very knowledgeable of the law.• Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law. In Private International Law, foreign law must be proven even if it is applicable. Otherwise, the courts will presume the foreign law to be the same as Philippine law.

Art. 4. Laws shall have no retroactive effect, unless the contrary isprovided.

• Lex de futuro judex de preterito (The law provides for the future, the judge for the past).• Retroactive law – one which creates a new obligation and imposes a new duty or attaches a new disability with respect to transactions or considerations already past.• General Rule: Law must be applied prospectively.• Exceptions: 1. If the statute provides for retroactivity. Exception to the exception: a. Ex post facto laws b. Laws which impair the obligation of contracts

* Art. 526, ¶3. Mistake upon a doubtful or difficult question of law may be the basis of goodfaith. Art. 2155. Payment by reason of a mistake in the construction or application of adoubtful or difficult question of law may come within the scope of the preceding article.

Art. 1334. Mutual error as to the legal effect of an agreement when the real purpose ofthe parties is frustrated, may vitiate consent.

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