Civil Law Review Codal Provisions Page 1-2

7/25/2019 Civil Law Review Codal Provisions Page 1-2

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Civil Law Review Page 1

When do laws take efect?

Art. 2. Laws shall take efect ater teen days ollowing the completion o theirpublication in the Ocial Gaette! unless it is otherwise pro"ided. #his $ode shall takeefect one year ater such publication. %&a'

Revised administrative code

O()*A#+O, A,- ))$# O LA/0

0ec. &1. /hen Laws #ake )fect. Laws shall take efect ater teen %&3' days ollowing

the completion o their publication in the Ocial Gaette or in a newspaper o general

circulation! unless it is otherwise pro"ided.chanrobles "irtual law library

0ec. &4. (rospecti"ity. Laws shall ha"e prospecti"e efect unless the contrary is

e5pressly pro"ided.chanrobles "irtual law library

0ec. 26. +nterpretation o Laws and Administrati"e +ssuances. +n the interpretation o alaw or administrati"e issuance promulgated in all the ocial languages! the )nglish te5t

shall control! unless otherwise specically pro"ided. +n case o ambiguity! omission or

mistake! the other te5ts may be consulted.chanrobles "irtual law library

0ec. 2&. ,o +mplied *e"i"al o *epealed Law. /hen a law which e5pressly repeals a

prior law itsel repealed! the law rst repealed shall not be thereby re"i"ed unless

e5pressly so pro"ided.chanrobles "irtual law library

0ec. 22. *e"i"al o Law +mpliedly *epealed. /hen a law which impliedly repeals a

prior law is itsel repealed! the prior law shall thereby be re"i"ed! unless the repealing law

pro"ides otherwise.chanrobles "irtual law library

0ec. 27. +gnorance o the Law. +gnorance o the law e5cuses no one rom compliance

therewith.chanrobles "irtual law library

$hapter 8

O+$+AL GA9)##)

0ec. 2:. $ontents. #here shall be published in the Ocial Gaette all legislati"e acts

and resolutions o a public nature; all e5ecuti"e and administrati"e issuances o general

application; decisions or abstracts o decisions o the 0upreme $ourt and the $ourt o

Appeals! or other courts o similar rank! as may be deemed by said courts o sucient

importance to be so published; such documents or classes o documents as may be

re


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Sec. !. "rticle ! of #epublic "ct $o. %&', otherwise known as the ()iil )ode of the Philippines,( and all

other laws inconsistent with this *+ecutie Order are hereby repealed or modified accordingly.

Ignorance o the Law

Art. 7. +gnorance o the law e5cuses no one rom compliance therewith. %2'

Retroactivity

Art. :. Laws shall ha"e no retroacti"e efect! unless the contrary is pro"ided. %7'

Art. 3. Acts e5ecuted against the pro"isions o mandatory or prohibitory laws shall be"oid! e5cept when the law itsel authories their "alidity. %:a'

*e"ised (enal $ode

Art. 22. *etroacti"e efect o penal laws. = (enal Laws shall ha"e a retroacti"e efectinsoar as they a"or the persons guilty o a elony! who is not a habitual criminal! as thisterm is dened in *ule 3 o Article 82 o this $ode! although at the time o the publication

o such laws a nal sentence has been pronounced and the con"ict is ser"ing the same.

,$$

Art. 2232. $hanges made and new pro"isions and rules laid down by this $ode which maypre>udice or impair "ested or acect to thepro"isions o this new body o laws. %*ule 2a'

Art. 223. (ro"isions o this $ode which attach a ci"il sanction or penalty or a depri"ationo rights to acts or omissions which were not penalied by the ormer laws! are notapplicable to those who! when said laws were in orce! may ha"e e5ecuted the act orincurred in the omission orbidden or condemned by this $ode.


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+ the ault is also punished by the pre"ious legislation! the less se"ere sanction shall beapplied.

+ a continuous or repeated act or omission was commenced beore the beginning o theefecti"ity o this $ode! and the same subsists or is maintained or repeated ater thisbody o laws has become operati"e! the sanction or penalty prescribed in this $ode shallbe applied! e"en though the pre"ious laws may not ha"e pro"ided any sanction or

penalty thereor. %*ule 7a'Art. 2231. Actions and rights which came into being but were not e5ercised beore theefecti"ity o this $ode! shall remain in ull orce in conormity with the old legislation; buttheir e5ercise! duration and the procedure to enorce them shall be regulated by this$ode and by the *ules o $ourt. + the e5ercise o the right or o the action wascommenced under the old laws! but is pending on the date this $ode takes efect! andthe procedure was diferent rom that established in this new body o laws! the partiesconcerned may choose which method or course to pursue. %*ule :'

Art. 2234. #he capacity o a married woman to e5ecute acts and contracts is go"erned bythis $ode! e"en i her marriage was celebrated under the ormer laws. %n'

Art. 2286. #he "oluntary recognition o a natural child shall take place according to this

$ode! e"en i the child was born beore the efecti"ity o this body o laws. %n'

Art. 228&. #he e5emption prescribed in Article 762 shall also be applicable to anysupport! pension or gratuity already e5isting or granted beore this $ode becomesefecti"e. %n'

Art. 2282. Guardians o the property o minors! appointed by the courts beore this $odegoes into efect! shall continue to act as such! notwithstanding the pro"isions o Article726. %n'

Art. 2287. *ights to the inheritance o a person who died! with or without a will! beorethe efecti"ity o this $ode! shall be go"erned by the $i"il $ode o &114! by other pre"iouslaws! and by the *ules o $ourt. #he inheritance o those who! with or without a will! die

ater the beginning o the efecti"ity o this $ode! shall be ad>udicated and distributed inaccordance with this new body o laws and by the *ules o $ourt; but the testamentarypro"isions shall be carried out insoar as they may be permitted by this $ode. #hereore!legitimes! betterments! legacies and be


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%:' Article 171! authoriing the probate o a will on petition o the testator himsel;

%3' Articles &734 to &784! relati"e to the reormation o instruments;

%8' Articles :8 to :1&! regulating actions to uries. %n'

Art. 2281. 0uits between members o the same amily which are pending at the time this

$ode goes into efect shall be suspended! under such terms as the court may determine!

in order that compromise may be earnestly sought! or! in case o legal separation

proceedings! or the purpose o efecting! i possible! a reconciliation. %n'

Art. 2284. #he principles upon which the preceding transitional pro"isions are based shall!by analogy! be applied to cases not specically regulated by them. %*ule &7a'

Art. 2232. $hanges made and new pro"isions and rules laid down by this $ode which maypre>udice or impair "ested or acect to thepro"isions o this new body o laws. %*ule 2a'

Art. 223. (ro"isions o this $ode which attach a ci"il sanction or penalty or a depri"ationo rights to acts or omissions which were not penalied by the ormer laws! are notapplicable to those who! when said laws were in orce! may ha"e e5ecuted the act orincurred in the omission orbidden or condemned by this $ode.

+ the ault is also punished by the pre"ious legislation! the less se"ere sanction shall beapplied.


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+ a continuous or repeated act or omission was commenced beore the beginning o theefecti"ity o this $ode! and the same subsists or is maintained or repeated ater thisbody o laws has become operati"e! the sanction or penalty prescribed in this $ode shallbe applied! e"en though the pre"ious laws may not ha"e pro"ided any sanction orpenalty thereor. %*ule 7a'

Art. 2231. Actions and rights which came into being but were not e5ercised beore the

efecti"ity o this $ode! shall remain in ull orce in conormity with the old legislation; buttheir e5ercise! duration and the procedure to enorce them shall be regulated by this$ode and by the *ules o $ourt. + the e5ercise o the right or o the action wascommenced under the old laws! but is pending on the date this $ode takes efect! andthe procedure was diferent rom that established in this new body o laws! the partiesconcerned may choose which method or course to pursue. %*ule :'

Art. 2234. #he capacity o a married woman to e5ecute acts and contracts is go"erned bythis $ode! e"en i her marriage was celebrated under the ormer laws. %n'

Art. 2286. #he "oluntary recognition o a natural child shall take place according to this$ode! e"en i the child was born beore the efecti"ity o this body o laws. %n'

Art. 228&. #he e5emption prescribed in Article 762 shall also be applicable to any

support! pension or gratuity already e5isting or granted beore this $ode becomesefecti"e. %n'

Art. 2282. Guardians o the property o minors! appointed by the courts beore this $odegoes into efect! shall continue to act as such! notwithstanding the pro"isions o Article726. %n'

Art. 2287. *ights to the inheritance o a person who died! with or without a will! beorethe efecti"ity o this $ode! shall be go"erned by the $i"il $ode o &114! by other pre"iouslaws! and by the *ules o $ourt. #he inheritance o those who! with or without a will! dieater the beginning o the efecti"ity o this $ode! shall be ad>udicated and distributed inaccordance with this new body o laws and by the *ules o $ourt; but the testamentarypro"isions shall be carried out insoar as they may be permitted by this $ode. #hereore!legitimes! betterments! legacies and be


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%8' Articles :8 to :1&! regulating actions to uries. %n'

Art. 2281. 0uits between members o the same amily which are pending at the time this

$ode goes into efect shall be suspended! under such terms as the court may determine!

in order that compromise may be earnestly sought! or! in case o legal separation

proceedings! or the purpose o efecting! i possible! a reconciliation. %n'

Art. 2284. #he principles upon which the preceding transitional pro"isions are based shall!by analogy! be applied to cases not specically regulated by them. %*ule &7a'

Waiver o Rights

Art. 8. *ights may be wai"ed! unless the wai"er is contrary to law! public order! public

policy! morals! or good customs! or pre>udicial to a third person with a right recognied by

law. %:a'

Art. 76&. #he right to recei"e support cannot be renounced; nor can it be transmitted to a

third person. ,either can it be compensated with what the recipient owes the obligor.

Cowe"er! support in arrears may be compensated and renounced! and the right to

demand the same may be transmitted by onerous or gratuitous title. %&3&'

Repeal o Laws

Art. . Laws are repealed only by subse


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Art. 3. !ty o the co!rt in connection with acts which sho!ld 'e repressed '!twhich are not covered 'y the law( and in cases o e-cessivepenalties.chanrobles"irtual law library = /hene"er a court has knowledge o any act which it may deemproper to repress and which is not punishable by law! it shall render the proper decision!and shall report to the $hie )5ecuti"e! through the -epartment o Fustice! the reasonswhich induce the court to belie"e that said act should be made the sub>ect olegislation.chanrobles "irtual law library

+n the same way! the court shall submit to the $hie )5ecuti"e! through the -epartmento Fustice! such statement as may be deemed proper! without suspending the e5ecution

o the sentence! when a strict enorcement o the pro"isions o this $ode would result in

the imposition o a clearly e5cessi"e penalty! taking into consideration the degree o

malice and the in>ury caused by the ofense

#pplica'ility o C!stom

Art. &&. $ustoms which are contrary to law! public order or public policy shall not be

countenanced. %n'

Art. &2. A custom must be pro"ed as a act! according to the rules o e"idence. %n'

0ection 3. #he 0tate! sub>ect to the pro"isions o this $onstitution and national

de"elopment policies and programs! shall protect the rights o indigenous cultural

communities to their ancestral lands to ensure their economic! social! and cultural well

being.cralaw

#he $ongress may pro"ide or the applicability o customary laws go"erning property

rights or relations in determining the ownership and e5tent o ancestral domain.

*ules o $ourt

R.L/ 12%

What &eed &ot 0e Proved

ection 2$Judicial notice, when discretionary. = A court may take >udicial notice o

matters which are o public knowledge! or are capable to unudges because o their >udicial unctions. %&a'

ection $Judicial notice, when hearing necessary. = -uring the trial! the court! on its

own initiati"e! or on reudicial notice

o any matter and allow the parties to be heard thereon.

Ater the trial! and beore >udgment or on appeal! the proper court! on its own initiati"e oron reudicial notice o any matter and allow the parties to be

heard thereon i such matter is decisi"e o a material issue in the case. %n'

&41 $onstitution Art. D++

0ection 3. #he 0tate! sub>ect to the pro"isions o this $onstitution and national

de"elopment policies and programs! shall protect the rights o indigenous cultural

communities to their ancestral lands to ensure their economic! social! and cultural well


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being.cralaw

#he $ongress may pro"ide or the applicability o customary laws go"erning property

rights or relations in determining the ownership and e5tent o ancestral domain.

Legal Periods

Art. &7. /hen the laws speak o years! months! days or nights! it shall be understood

that years are o three hundred si5ty"e days each; months! o thirty days; days! o

twentyour hours; and nights rom sunset to sunrise.

+ months are designated by their name! they shall be computed by the number o dayswhich they respecti"ely ha"e.

+n computing a period! the rst day shall be e5cluded! and the last day included.%a'

R.L/ 23

Physical and 4ental /-amination o Persons

ection 1$When examination may be ordered. = +n an action in which the mental or

physical condition o a party is in contro"ersy! the court in which the action is pending

may in its discretion order him to submit to a physical or mental e5amination by a

physician. %&'

ection 2$ Order for examination. = #he order or e5amination may be made only on

motion or good cause shown and upon notice to the party to be e5amined and to all

other parties! and shall speciy the time! place! manner! conditions and scope o the

e5amination and the person or persons by whom it is to be made. %2'

ection $Report of ndings. = + reust! and i a physician ails or reuses to make such a report the court

may e5clude his testimony i ofered at the trial. %7a'

ection 5$ Waiver of privilege. = @y re


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0ec. 7&. Legal (eriods. Hear shall be understood to be twel"e calendar months;month o thirty days! unless it reers to a specic calendar month in which case it shallbe computed according to the number o days the specic month contains; day! to aday o twentyour hours; and night! rom sunset to sunrise.

0inding /fect

Art. &3. Laws relating to amily rights and duties! or to the status! condition and legalcapacity o persons are binding upon citiens o the (hilippines! e"en though li"ingabroad.

6!man RelationsCIJA, *)LA#+O,0 %n'

Art. &4. )"ery person must! in the e5ercise o his rights and in the perormance o hisduties! act with >ustice! gi"e e"eryone his due! and obser"e honesty and good aith.

Art. 26. )"ery person who! contrary to law! wilully or negligently causes damage toanother! shall indemniy the latter or the same.

Art. 2&. Any person who wilully causes loss or in>ury to another in a manner that iscontrary to morals! good customs or public policy shall compensate the latter or thedamage.

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Civil Law Review Codal Provisions Page 1-2