Title 2025 San Beda Red Book Civil Law.pdf ✅

I. PRELIMINARY TITLE I!! II • i !I·· 1: I If J mu IHI ii H!IIH!Iiill!IIIIII■"■ " I MIE&L&J&JiiWl 1 Q: When do laws take effect? ANS: Laws shall take effect after 15 days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided (CIVIL CODE, Art. 2). Q: What does the phrase "uni the Civil Code, mean? ANS: The phrase "unless than after fifteen days Gazette. It does not Publication is an in Tuvera, G.R. No. L- Q: What is a news ANS: A newspaper 1. Hasabo 2. Is publishe 3. Is publishe Mercado, G. 4. Of national dis erent effectivity date other ublication in the Official ay be dispensed with. effectivity (Tanada v. le2? al information (Basa v. Q: What does it mean when I "take effect immediately''? ANS: It means that it shall take r publication with the fifteen-day period being dispensed with (STA. MARl , ersons and Family Relations Law (2022), p. 5 [hereinafter STA. MARIA, Persons]). The immediate effectivity clause does not preclude the requirement of publication since the clear object of the law is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens (Tanada v. Tuvera, G.R. No. L-63915, April 24, 1985). Q: What statutes must be published? ANS: The following statutes must be published: 1. Republic Acts of general or local application, like the charter of a city or a law granting naturalization to an individual; 2. Presidential Decrees; 3. Executive Orders in the exercise of delegated legislative power; 4. Private laws, even those naming a public place after a favored individual or exempting him from certain prohibitions or requirements; 5. Circulars of the Monetary Board if they are not meant merely to interpret but to "fill in the details" of the Central Bank Act; and 6. Administrative rules and regulations if their purpose is to enforce or implement existing law (Tanada v. Tuvera, G. R. No. L-63915, December 29, 1986).
Note: The publication of local ordinances is governed by the Local Government Code (R.A. No. 7160, otherwise known as "Local Government Code of 1991", Secs. 59, 188, and 511). Publication of Congressional rules in the conduct of inquiries in aid of legislation is governed by Section 21, Article VI of the Constitution. Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be published (Taiiada v. Tuvera, G.R. No. L-63915, December 29, 1986). Q: What is the difference between ignorance of law and ignorance of fact? ANS: The differences between ignorance of law and of fact are: Ignorance of Law I Ignorance of Fact Ignorance of the law is no excuse for not complying with the law (1 PARAS, Civil Code of the Philippines Annotated (2021 ), p. 25 [hereinafter 1 PARAS, Persons]). Mistake on a doubtful or difficult questions of law may be the basis of good faith (CIVIL CODE, Art. 526). Q: How are laws ap ANS: As a general rule laws are generally applie Q: What is a retroactive I Ignorance of the fact eliminates criminal intent as long as there is no negligence ( 1 PARAS, Persons, supra at 25). Mistake of fact may vitiate consent in a contract and make it voidable (CIVIL CODE, Art. 1390; 1 PARAS, Persons, supra at 25). ANS: A retroactive law is intended to affect transactions which occurred, or rights which accrued, before es operative, and which ascribes to them effects not inherent in their nature, in view of the law in force at the time of their occurrence (RABUYA, Persons and Family Relations (2021), p. 15 [hereinafter RABUYA, Persons]). Q: When may the application of laws be retroactive? (OFTEN-PIC) ANS: Laws may be applied retroactively in the following instances: 1. When the law Qtherwise provides (CIVIL CODE, Art. 4); 2. Penal laws favorable to the accused (REVISED PENAL CODE, Art. 22.); 3. Iax laws, when the same is expressly declared or when it is clearly the legislative intent (Cebu Portland Cement Co. v. Collector of Internal Revenue, G.R. No. L- 20563, October 29, 1968); 4. _!;mergency laws (1 PARAS, Persons, supra at 30); 5. Laws creating New rights (Bona v. Briones, G.R. No. L-10806, July 6, 1918); 6. frocedural or remedial laws (1 PARAS, Persons, supra at 29); 7. An administrative rule !nterpretive of a statute, which is not declarative of certain rights and corresponding obligations (Commissioner of Internal Revenue v. Reyes, G.R. No. 159694, January 27, 2006); and 8. ~urative laws (1 PARAS, Persons, supra at 30).
Q: What is the rationale behind the rule that laws cannot be applied retroactively? ANS: Statutes, including administrative rules and regulations, operate prospectively unless express terms or by necessary implication because the retroactive application of a law usually divests rights that have become vested. This is based on the maxim "lex prospicit non respicif' (The law looks forward, not backward) (Republic v. Larrazaba/, G.R. No. 204530, July 26, 2017). Q: What is a vested right? ANS: A vested right is one whose existence, effectivity and extent does not depend upon events foreign to the will of the holder. The term expresses the concept of present fixed interest which in right reason and natural justice should be protected against arbitrary State action, or an innately just and imperative right which enlightened free society, sensitive to inherent and irrefragable individual rights, cannot deny. These include not only legal or equitable title to the enforcement of a demand, but also an exemption from new obligations created after the right has vested (Republic of the Philippines v. CA, G.R. No. 92326, January 24, 1992). Q: When is a right deem ANS: A right is vested the property of some p Sr., G.R. No. 209691, Q: What are the ki ANS: The kinds of 1. Mandatory; 2. Prohibitory; 3. Permissive la Q: What are mandatory or ANS: A mandatory provision o or acts, to which it relates generally Q: What are prohibitory or negative laws? fwhich, renders the proceedings A MARIA, Persons, supra at 12). ANS: Prohibitory laws are those which contain positive prohibitions and are couched in the negative terms importing that the act required shall not be done otherwise than designated (Id.} Q: What are permissive laws? ANS: A permissive law is one which commands that what it permits to be done should be tolerated or respected (RABUYA, Persons, supra at 21). Q: What is the status of an act that is contrary to mandatory or prohibitory laws? ANS: As a general rule, acts contrary to mandatory and prohibitory laws are void ( CIVIL CODE, Art. 5). The following are the exceptions: (V-MAN) 1. Where the law merely makes the act Yoidable (e.g., marriage celebrated through violence); 2. When the law ,Makes the act valid, but punishes the violator (e.g., marriage solemnized by person without legal authority);