Constitutional law

I. GENERAL - Defines the powers of the government and

PRINCIPLES provides for its distribution to its different
branches
A. Effect and Application of - Rights of the individual vis-à-vis the state

Laws Administrative law

- law for quasi-judicial and quasi-legislative
bodies
Definition of law: - Promulgated by experts.
General sense - body of moral rules founded in
the rational nature of man Private law
- Governs private relations of persons
Specific Sense - rule of human that is just,
between themselves
obligatory, of common observance, and
promulgated by competent authority
Substantive law
- Which creates rights and imposes
Law & Morality obligations
- Law and morals are like a Venn
diagram, two intersecting circles, a Remedial law
portion being shared by both law and - Provides for remedies on how to enforce
moral. There are some things which are your rights
legal, but may not be moral, and there
are some things which might be moral, (Substantive law will be useless without
but not legal. remedial law vice-versa)

General Classifications of 3 great legal systems in the

law: world:
1. Anglo-american – they don’t have a set
of laws, they only base it on the
Divine law – (wasn’t discussed because we are decisions made by judges. (case law)
not theology students) 2. Civil – judges only apply or interpret
what the law is. (written law)
Human law – Public & Private law 3. Islamic – (religious law)

Public Law The Civil Code:

- Basically involves the state - mostly copied from the Spanish civil code and
anglo-american law.
International law
- Law that governs the relations of states and Art. 1. This act shall be known as the Civil
international organizations among Code of the Philippines.
themselves, not promulgated by higher
authority. Agreement by equal parties.
1. When Laws Take Effect
Criminal law Laws shall take effect after fifteen days following
the completion of their publication either in the
- Defines crimes and provides for their
Official Gazette, or in a newspaper of general
punishment.
circulation in the Philippines, unless it is otherwise
provided. [Art. 2, Civil Code (hereinafter, CC), as Mistake of Fact and Difficult Questions of Law
amended by E.O. 200] These may excuse a party from the legal
consequences of his conduct; but not ignorance of
General Rules: law.
The clause "unless it is otherwise provided" refers Had the facts be what he had thought them to the
to the date of effectivity and not to the requirement act done would have been totally correct
of publication itself, which cannot, in any event, be
omitted. [Tañada v. Tuvera, G.R. No. L-63915 In specific instances provided by law, mistake as
(1986)] to difficult legal questions has been given the same
effect as a mistake of fact. [Tolentino]
Publication is indispensable in every case, but the
legislature may in its discretion provide that the The laws referred to by this article are those of the
usual fifteen-day period shall be shortened or Philippines. There is no conclusive presumption of
extended. [Tañada v. Tuvera, G.R. No. L-63915 knowledge of foreign laws. [Tolentino]
(1986)]
When, on the other hand, the administrative rule 3. Retroactivity of Laws
goes beyond merely providing for the means that
The law looks forward, never backwards.
can facilitate or render least cumbersome the
Laws shall have no retroactive effect, unless the
implementation of the law but substantially
contrary is provided. [Art. 4. CC.]
increases the burden of those governed, it
General Rule: All statutes are to be construed as
behooves the agency to accord at least to those
having only prospective operation.
directly affected a chance to be heard, and
thereafter to be duly informed, before that new
Exceptions:
issuance is given the force and effect
a. When the law itself expressly provides
of law. [Commissioner v. Hypermix, G.R. No.
179579 (2012)]
Exceptions to Exception:
1. Ex post facto law
Exception: Interpretative regulations and those
2. Impairment of contract
internal
b. In case of remedial statutes
in nature. [Tañada v. Tuvera, G.R. No. L-63915
c. In case of curative statutes
(1986)]
d. In case of laws interpreting others
e. In case of laws creating new rights [Bona v.
Publication means making it known to the people
Briones, G.R. No. L-10806 (1918)].
and no publication no effectivity.
f. Penal Laws favorable to the accused [Art. 22,
RPC].
Requirements of newspaper of general circulation:
(Marcelo v. VCIV)
- Contains news and general info 4. Mandatory or Prohibitory
- It has to have a bonafide list of paying
subscribers
Laws
- comes out on regular intervals Art. 5, CC. Acts executed against the provisions
of mandatory or prohibitory laws shall be void,
except when the law itself authorizes their validity.

2. Ignorance of the Law Par. 3, Art. 17, CC. Prohibitive laws concerning
Ignorantia legis non excusat. persons, their acts or property, and those which
Art. 3, CC. Ignorance of the law excuses no one have for their object public order, public policy
from compliance therewith. and good customs shall not be rendered ineffective
by laws or judgments promulgated, or by
Conclusive Presumption: That everyone knows determinations or conventions agreed upon in a
the law, even if they have no actual knowledge of foreign country
the law.
 6. Repeal of Laws
5. Waiver of Rights Laws are repealed only by subsequent ones, and
Art. 6, CC. Rights may be waived, unless the their violation or non-observance shall not be
waiver is contrary to law, public order, public excused by disuse, or custom or practice to the
policy, morals, or good customs, or prejudicial to contrary.
a third person with a right recognized by law. When the courts declared a law to be inconsistent
with the Constitution, the former shall be void and
Elements of a right: the latter shall govern.
- subject (active and passive subject) Administrative or executive acts, orders and
- object (certain conduct) regulations shall be valid only when they are not
contrary to the laws or the Constitution. [Art. 7,
Kinds of rights CC.]
- Political right – to participate in the
government TWO KINDS OF REPEAL [Tolentino]:
- Personal right – passive subject (determinate a. Express or Declared: contained in a special
person provision of a subsequent law; names the law
- Real right – undeterminate person repealed.
b. Implied or Tacit: takes place when the
Waiver: voluntary and intentional relinquishment provisions of the subsequent law are
or abandonment of a known legal right or incompatible or inconsistent with those of an
privilege. It has been ruled that a waiver to be earlier law.
valid and effective must be couched in clear and The fundament is that the legislature should be
unequivocal terms which leave no doubt as to the presumed to have known the existing laws on the
intention of a party to give up a right or benefit subject and not have enacted conflicting statutes.
which legally pertains to him. Hence, all doubts must be resolved against any
[RB Michael Press v. Galit, G.R. No. 153510 implied repeal, and all efforts should be exerted in
(2008)] order to harmonize and give effect to all laws on
The waiver should be made in a positive manner the subject. [Republic v. Marcopper Mining, G.R.
[Dona Adela v. Tidcorp, G.R. No. 201931 (2015)] No. 137174
(2000)]
Requisites of a Valid Waiver:
a. Existence of a right 7. Judicial Decisions
b. Knowledge of the existence thereof
c. An intention to relinquish the right. [Herrera v.
Art. 8, CC. Judicial decisions applying or
Borromeo, G.R. No. L-41171, (1987)] interpreting the laws or the Constitution shall form
General Rule: Rights may be waived. a part of the legal system of the Philippines.
Exceptions: Jurisprudence cannot be considered as an
a. If the waiver is contrary to law, public order, independent source of law; it cannot create law. [1
public policy, morals or good customs Camus 38 as cited in Tolentino]
b. If the waiver prejudices a third person The doctrine of Stare Decisis gives stability to the
c. If the alleged rights do not yet exist courts and fills the gaps of the law to adapt to
d. If the right is a natural right changing times. The interpretation or construction
placed by the courts establishes the
No compromise upon the following questions contemporaneous legislative intent of the law. The
shall be valid: latter as so interpreted and construed would thus
a. The civil status of persons; constitute a part of that law as of the date the
b. The validity of a marriage or a legal separation; statute is enacted. It is only when a prior ruling of
c. Any ground for legal separation; this Court finds itself later overruled, and a
d. Future support; different view is adopted, that the new doctrine
e. The jurisdiction of courts; may have to be applied prospectively in favor of
f. Future legitime [Art. 2035, CC.]. parties who have relied on the old doctrine and
have acted in good faith in accordance therewith.
[Pesca v. Pesca, G.R. No. 136921 (2001)]
 the act will still be due on that Legal
8. Duty to Render Judgment Holiday/Sunday
There obviously exists a manifest incompatibility
Art. 9, CC. No judge or court shall decline to
in the manner of computing legal periods between
render judgment by reason of the silence, obscurity
the CC and the Revised Administrative Code of
or insufficiency of the laws.
1987.
Art. 9, CC talks about the principle of equity
Since the Administrative Code is the more recent
which is justice with mercy.
law, it governs the computation of legal period
Exception:
[CIR v.
This article does not apply to criminal prosecutions
Primetown, G.R. No. 162155 (2007)]
because where there is no law punishing an act, the
case must be dismissed. [Tolentino] 11. Applicability of Penal Laws
Territoriality Principle
9. Presumption and Penal laws and those of public security and safety
shall
Applicability of Custom be obligatory upon all who live or sojourn in the
Art. 10, CC. In case of doubt in interpretation or Philippine territory, subject to the principles of
application of laws, it is presumed that the public
lawmaking body intended right and justice to international law and to treaty stipulations. [Art.
prevail. 14,
Art. 11, CC. Customs which are contrary to law, CC.]
public order or public policy shall not be Exemptions to the Territoriality Principled
countenanced. under
Art. 12, CC. A custom must be proved as a fact, International Law (Theory of
according to the rules of evidence. Extraterritoriality):
Ignorance is positive proof that said custom does 1. When the offense is committed by a foreign
not exist. sovereign while in Philippine territory
2. When the offense is committed by diplomatic
representatives
10. Legal Periods 3. When the offense is committed in a public or
Art. 13, CC. When the laws speak of years, armed vessel of a foreign country.
months, days or nights, it shall be understood that
years are of three hundred sixty-five days each; 12. Binding Effect
months, of thirty days; days, of twenty-four hours; Nationality Principle
and nights from sunset to sunrise. If months are Art. 15, CC. Laws relating to family rights and
designated by their name, they shall be computed duties, or to the status, condition and legal capacity
by the number of days which they of persons are biding upon citizens of the
respectively have. Philippines, even though living abroad.
In computing a period, the first day shall be
excluded, and the last day included. It is true that owing to the nationality principle
Note: embodied in Article 15 of the CC, only Philippine
Sec. 31, Revised Administrative Code. "Year" nationals are covered by the policy against
shall be understood to be twelve calendar months; absolute divorces, the same being considered
"month" of thirty days, unless it refers to a specific contrary to our concept of public policy and
calendar month in which case it shall be computed morality. However, aliens may obtain divorces
according to the number of days the specific abroad, which may be recognized in the
month contains; "day," to a day of twenty-four Philippines, provided they are valid
hours; and "night," from sunset to sunrise. according to their national law. [Dacasin v.
Policy on Last Day being a Legal Dacasin, G.R. No. 168785 (2010)]
Holiday/Sunday
If the period arises by statute or orders by the Lex Rei Sitae
government, the last day will automatically be Art. 16, CC. Real property as well as personal
considered the next working day property is subject to the law of the country where
If the period arises from a contractual relationship, it is stipulated.
However, intestate and testamentary successions, may be the nature of the property and regardless
both with respect to the order of succession and to of the country wherein said property may be
the amount of successional rights and to the found.
intrinsic validity of testamentary provisions, shall Personal and real property are governed where the
be regulated by the national law of the person land (situs) is.
whose succession is under consideration, whatever
testamentary
provisions, shall U.P. LAW BOC GENERAL PRINCIPLES CIVIL
be regulated by the national law of the person LAW
whose succession is under consideration, whatever
may be the nature of the property and regardless Art. 18, CC. In matters which are governed
of the country wherein said property may be by the Code of Commerce and special laws,
However, intestate and testate succession are their deficiency shall be supplied by the
governed by nationality principle and cannot be provisions of this Code.
made to follow Philippine rule
When a foreign law is involved it must be alleged
and proved or it will be assumed to be same as
ours
(Doctrine of Processual Presumption)
Art. 16, par. 2 is bolstered by Art. 1039 of the CC,
which further provides that capacity to succeed is
governed by the law of the nation of the decedent.
[Ancheta v. Guersey-Dalaygon, G.R. No. 139868
(2006)]
Lex Loci Celebrationis; Lex Loci Contractus
Art. 17, CC. The forms and solemnities of
contracts, wills, and other public instruments shall
be governed by the laws of the country in which
they are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of
the Philippines in a foreign country, the
solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or
property, and those which have, for their object,
public order, public policy and good customs shall
not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions
agreed upon in a foreign country.
Lex loci celebrationis: Marriage governed by
laws in
the country
Lex loci contractus: Forms and solemnities of
contracts governed by laws of the land where they
are
executed
When performed in front of a Filipino diplomatic
or
consular office, Filipino solemnities will be used.
Note: Arts. 15, 16 and 17 are rules of conflict of
laws.