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San Beda Collega Alabang - School of Law Persons and Family Relations Atty. Charlton Jules P. Romero

This document provides an overview and discussion of key articles in the Preliminary Title of the Philippine Civil Code related to persons and family relations. It discusses various articles on when laws take effect, ignorance of the law, retroactivity of laws, judicial decisions as law, conflict of laws, nationality principle, and other conflict of law rules. It cites relevant case laws to illustrate the application and interpretation of these Civil Code articles.

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Peasant Marie
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245 views3 pages

San Beda Collega Alabang - School of Law Persons and Family Relations Atty. Charlton Jules P. Romero

This document provides an overview and discussion of key articles in the Preliminary Title of the Philippine Civil Code related to persons and family relations. It discusses various articles on when laws take effect, ignorance of the law, retroactivity of laws, judicial decisions as law, conflict of laws, nationality principle, and other conflict of law rules. It cites relevant case laws to illustrate the application and interpretation of these Civil Code articles.

Uploaded by

Peasant Marie
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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San Beda Collega Alabang – School of Law

Persons and Family Relations


Atty. Charlton Jules P. Romero
Email: [email protected]

Civil Code
Preliminary Title (Arts. 1 to 18)
Art. 1
Civil Code
Art. 2
When do laws take effect? How to compute 15-day period.
When did the Civil Code take effect (R.A.386)? What about the Family
Code (E.O. 209)?
Why is the date of effectivity important?
 Tañada v Tuvera; G.R. No. 63915 April 24, 1985 and Dec. 29, 1986.
 De Roy v CA; G.R. No. 80718 Jan. 29, 1988.
Filing w/ the U.P. Law Center National Administrative Register (Secs. 3 &
4, Chap. 2, Book VII, Admin Code of 1987)
What need not be published in O.G./newspaper and filed with Nat’l Admin
Register (see Nueva Ecija I Electric Cooperative, Inc. v. Energy Regulatory
Commission, G.R. No. 180642, February 3, 2016).
Art. 3
Ignorance of the law. Ignorance or mistake of facts.
Applies to SC decisions?
 Mirallosa v Carmel Dev’t.; G.R. No. 194538 Nov 27, 2013.
Art. 4
Gen rule. Exceptions to retroactivity. (See Art. 22 RPC)
Art. 5. Exceptions
Art. 6
What is waiver? How to have a valid waiver.
Exceptions
 Cui v Arellano University; L-15127 May 30, 1961.
Art. 7
Art. 8
Are judicial decisions law?
 Floresca v Philex L-30642 June 30, 1985 (see section B of decision)
Decisions of Court of appeals (see Vda. de Miranda v Imperial 77 Phil
1066; GR No. L-49090. February 28, 1947.
See also Mirallosa case.
Art. 9
What is doctrine of stare decisis?
Art. 10
Conflict between law and rule or regulation that implements it.
 Tayug Rural Bank v Central Bank; G.R. No. 46158; Nov. 28, 1986.
Art. 11 & 12
Definition of customs. How proven.
Art. 13
Computation of period. (see Sec. 31 E.O 292 Admin Code of 1987)
Arts. 14
Penal laws. Territoriality. Generality. Exceptions.
Art. 15
Nationality principle.
 Tenchavez v Escano; G.R. No. L-19671. November 29, 1965.
 Del Socorro v Van Wilsen; G.R. No. 193707. December 10, 2014.
 Lavadia v Heirs of Luna; G.R. No. 171914 July 23, 2014.
 Bayot v CA; G.R. No. 155635. November 7, 2008.
 Garcia v Recio G.R. No. 138322. October 2, 2001.
 Van Dorn v Romillo; G.R. No. L-68470. October 8, 1985. (n.b.
decided before the Family Code was enacted).
 Republic v Orbecido; G.R. No. 154380 Oct. 5, 2005.
 Pilapil v Ibay-Somera G.R. No. 80116 June 30, 1989.

Arts. 16 to 17
Conflict of law rules. Lex rei sitae.
Renvoi doctrine; Processual presumption; forum non conveniens.
May courts take judicial notice of foreign law? Proof of foreign law, foreign
judgments.
 San Luis v San Luis; G.R. No. 133743. February 6, 2007.
 Barretto Gonzalez v Gonzalez; G.R. No. 37048. March 7, 1933.
 Bellis v Bellis; G.R. No. L-23678. June 6, 1967.
 Miciano v. Brimo, G.R. No. 22595, November 1, 1924.
 In re: Edward Christensen G.R. No. L-16759; Jan. 31, 1963.
Art. 18
Special laws. Laws of general application. Statutory construction.
(to be continued)

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