A.

GENERAL PROVISIONS
i. Effectivity of Laws
Laws shall take effect after fifteen 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
[New Civil Code (NCC), Art. 2, as amended by EO 200)].

It depends on whether or not it has provided a specific date for its effectivity:

1. If date is specified– Upon the lapse of the said period following its complete publication and not
before.
2. If no date is specified– 15-day period, which may either be on the 15th or on the 16th day
depending on the language used by the Congress in fixing the effectivity date of the statute (Rabuya, 2009).

a. 15th day - If the law declares that it shall become effective “15 days after its publication”
b. 16th day - If the law declares that it shall be effective “after 15 days following its publication”

3. If the law provides for immediate effectivity or upon approval – It is effective immediately after
its complete publication and not after signing by the President
4. If the law is voluminous– Reckoning shall begin from the release of the last of the series.

“Unless it is otherwise provided” provision on effectivity of laws

The clause "unless it is otherwise provided" refers to the date of effectivity and not to the
requirement of publication itself. The requirement of publication may not be omitted in any event. This
clause does not mean that the legislator may make the law effective immediately upon approval, or on any
other date without its previous publication.

Publication requirement

Publication is indispensable in every case, but the legislature may in its discretion provide that the
usual fifteen-day period shall be shortened or extended (Umali v. Estanislao, G.R. No. 104037, May 29,
1992; Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986).

Publication must be in full or it is no publication at all since its purpose is to inform the public of
the contents of the law. The mere mention of the number of the presidential decree, the title of such decree,
its whereabouts, the supposed date of effectivity, and in a mere supplement of the Official Gazette cannot
satisfy the publication requirement. This is not even substantial compliance (Tañada v. Tuvera, G.R. No.
L-63915, December 29, 1986).
Indispensability of publication

GR: All laws are required to be published in full.

NOTE: The reason for this rule is that the basic constitutional requirement of due process must be
satisfied. (Rabuya, 2009). Without such notice and publication, there would be no basis for the application
of the maxim ignoratia legis non excusat (Rabuya, 2009).

XPNs to the Publication Requirement: O-R-L-I

1. Municipal Ordinances (governed by the Local Government Code);
2. Rules and regulations which are internal in nature;
3. Letters of Instruction issued by administrative supervisors on internal rules and guidelines;
4. Interpretative regulations regulating only the personnel of administrative agency.

XPNs to the XPNs: D-E-P

Administrative rules and regulations that require publication:
1. The purpose of which is to implement or enforce existing laws pursuant to a valid Delegation;
2. Penal in nature;
3. It diminishes Existing rights of certain individuals.

NOTE: Circulars issued by the monetary board are required to be published if they are meant not
to merely “fill in details” of the Central Bank Act. As a rule, circulars which prescribe a penalty for
violations should be published before coming into effect. However, circulars which are mere statements of
general policies as to how the law should be construed do not need publication in the Official Gazette for
their publication.

Where to publish

1. Official Gazette; or
2. Newspaper of general circulation in the Philippines

Newspaper of general circulation

For a newspaper to be considered of general circulation:

1. It must be published within the court’s jurisdiction;
2. It must be published at regular intervals for disseminating local news and general information;
3. It has a bona fide subscription list of paying subscribers; and
 4. It is not devoted to the interest or published for the entertainment of a particular class, profession,
trade, calling, race or religious denomination (Alvarez v. People, G.R. No. 192591, June 29, 2011).

Exceptions to the publication requirement

1. An interpretative regulation;
2. A regulation that is merely internal in nature; and
3. A letter of instruction issued by an administrative agency concerning rules or guidelines to be
followed by subordinates in the performance of their duties. (Association of Southern Tagalog Electric
Cooperatives, Inc. v. Energy Regulatory Board, G.R. No. 192117, September 18, 2012).

Executive Order No. 200, s. 1987 issued by president Corazon C. Aquino

 Signed on June 18, 1987

 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE
OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A
REQUIREMENT FOR THEIR EFFECTIVITY.
 ii. Conclusive Presumption of Knowledge of Laws
Article 3. Ignorance of the law excuses no one from compliance therewith.

Conclusive Presumption: That everyone knows the law, even if they have no actual knowledge
of the law.

This conclusive presumption presupposes that the law has been published. Without such notice
and publication, there would be no basis for the application of the maxim ignoratia legis non
excusat (Rabuya, 2009).

Obligatory Force of Law: It is the duty of everyone to know the law once it has been promulgated
and has taken effect.

Laws covered: The laws referred to under Art. 3 of the NCC are those of the Philippine Laws
and it applies to all kinds of domestic laws, whether civil or penal, substantive or remedial.
However, the article is limited to mandatory and prohibitory laws. It does not include those which
are merely permissive (Rabuya, 2006).

Non-applicability to foreign laws: Ignorance of a foreign law is a mistake of fact. There is no

presumption of knowledge of foreign laws. It must be alleged and proved as a matter of fact;
otherwise, the doctrine of processual presumption will apply.

Doctrine of Processual Presumption: In international law, the party who wants to have a
foreign law applied to a dispute or case has the burden of proving the foreign law. The foreign
law is treated as a question of fact to be properly pleaded and proved as the judge or labor arbiter
cannot take judicial notice of a foreign law. He is presumed to know only domestic or forum law
(ATCI Overseas Corporation, et al. v. Echin, G.R. No. 178551, October 11, 2010).

Ignorance of Law vs. Ignorance of Facts (Ignorantia juris vs. Ignorantia facti)

Ignorance of the Law: A mistake of law in relation to a person's rights or responsibilities.

Ignorance of Facts: Lack of knowledge of some person, circumstance, or event that, if it had been
known, would have prevented a person from doing or saying what he or she did.

BASIS IGNORANCE OF FACTS IGNORANCE OF LAW

Want of Want of knowledge of some fact or facts Want of knowledge or acquaintance with the
knowledge consulting or relating to the subject matter on laws of the land insofar as they apply to the
pertains to hand. act, relation, duty, or matter under
consideration.
Nature of When some facts which really exist are unknown Occurs when a person having full knowledge
mistake or some fact is supposed to exist which really of the facts come to an erroneous conclusion as
does not exist. to its legal effects.

Defense Good faith is an excuse. Not excusable, even if in good faith.

Mistake upon a doubtful or difficult question of law

These may excuse a party from the legal consequences of his conduct; but not ignorance of law:

1. In specific instances provided by law, mistake as to difficult legal questions has been
given the same effect as a mistake of fact. (Tolentino)

2. The laws referred to by this article are those of the Philippines. There is no conclusive
presumption of knowledge of foreign laws. (Tolentino)

iii. Prospective Application of Laws

Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

General Rule: All statutes are to be construed as having only prospective operation.

Exceptions: (1) When the law itself expressly provides Exceptions to Exception:

(a) Ex post facto law

(b) Impairment of contract

(2) In case of remedial statutes

(3) In case of curative statutes

(4) In case of laws interpreting others

(5) In case of laws creating new rights [Bona v. Briones (1918)] (6) Penal Laws
favorable to the accused.

Prospective vs. Retroactive: A thing is prospective if it is expected to happen in the future.

Meanwhile, a thing is retroactive if it takes effect from a date in the past. Thus, a law is prospective
at all times. Laws always take effect after they have been enacted and published. A law may only
be retroactive if such retroactive effect is expressly provided for in the law.

As a general rule, laws shall have only a prospective effect and must not be applied retroactively in such a
way as to apply to pending disputes and cases. This is expressed in the familiar legal maxim lex prospicit, non
respicit (the law looks forward and not backward), and is conformable to Article 4 of the Civil Code. The rule is
intended to the tendency of retroactive legislation to be unjust and oppressive on account of its liability to punish
individuals for violations of laws not yet enacted, unsettle vested rights or disturb the legal effect of prior
transactions, which is unconstitutional.

The principle of non-retroactivity finds application in various aspects of the legal system. Thus, the rule is
that the jurisdiction of a court depends on the law existing at the time an action is filed; a statute continues to be in
force with regard to all rights that had accrued prior to its amendment; a new doctrine laid down by the Supreme
Court overturning an existing doctrine is to be applied prospectively, and not to parties relying on the old doctrine
and acting on the faith thereof; and many others.

While in general, laws are prospective, they are retroactive in the following instances:

1. If the law itself provides for retroactivity (Art. 4, Civil Code), but in no case may an ex post facto law be
passed, such as one that criminalizes an act done before the passing of the law and which was innocent when done.
A law is considered retroactivity if it is clearly expressed in the language of the statute. The existence of an
effectivity clause defining when the law shall take effect militates conclusively against the retroactivity of such law.

2. If the law is remedial in nature, since there are no vested rights in rules of procedure.

3. If the statute is penal in nature, provided it is favorable to the accused/convict and the latter is not a
habitual delinquent as defined under the Revised Penal Code.

4. If the law is of an emergency nature and are authorized by the police power of the government.

5. If the law is curative, provided it does not impair vested rights nor affect final judgments.

6. If a substantive right is to be declared for the first time, unless vested rights are impaired.

iv. Mandatory and Prohibitory Laws

Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void,
except when the law itself authorizes their validity. (4a)

Mandatory law: A law or a provision in a statute is said to be mandatory when disobedience to it, or want
of exact compliance with it, will make the act done under the statute absolutely void (Black’s Law Dictionary,
2009). If the law commands that something be done.

Prohibitory law: A law or a provision in a statute is said to be prohibitory when it forbids a certain action
(Black’s Law Dictionary, 2009). If then law commands that something should not be done.

Permissive law: A law or a provision in a statute is said to be permissive or directory when it allows certain
acts but does not command them (Black’s Law Dictionary, 2009). If the law commands that what it permits to be
done should be tolerated or respected.

Violation of Mandatory or Prohibitory Laws

 GR: Acts executed against the provisions of mandatory or prohibitory laws shall be void. (NCC, Art. 5).

XPNs: When the law:

1. Itself authorizes its validity (e.g. lotto, sweepstakes);

2. Makes the act valid but punishes the violator

3. (e.g. Marriage solemnized by a person not authorized to do so); Makes the act merely voidable;

4. Declares the nullity of an act but recognizes its effects as legally existing (e.g. Child born after
the annulment of marriage is considered legitimate).

v. Waiver of Rights

Article 6. Rights may be waived, unless the waiver is contrary to law, public policy, morals or
good customs, or prejudicial to a third person with a right recognized by law.
GR: Rights may be waived.
XPNs: 1. If waiver is:
a. Contrary to law, public order, public policy, morals or good customs;
b. Prejudicial to a third person with a right recognized by law. (e.g. If A owes B
P10M, B can‘t waive the loan if B owes C and B has no other assets).
2. If the right is:
a. A natural right, such as right to life;
b. Inchoate, such as future inheritance.
A person may waive any matter which affects his property, and any alienable right or
privilege of which he is the owner or which belongs to him or to which he is legally entitled,
whether secured by contract, conferred with statute, or guaranteed by constitution, provided such
rights and privileges rest in the individual, are intended for his sole benefit, do not infringe on the
rights of others, and further provided the waiver of the right or privilege is not forbidden by law,
and does not contravene public policy (Cruz & Co., Inc. v. HR Construction Corp., G.R. No.
187521,March 14, 2012).

Waiver: It is a voluntary and intentional relinquishment or abandonment of a known existing legal right,
advantage, benefit, claim or privilege, which except for such waiver the party would have enjoyed.
The voluntary abandonment or surrender, by a capable person, of a right known by him to exist, with the
intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as
warrants an inference of the relinquishment of such right; or the intentional doing of an act inconsistent with
claiming it (Cruz & Co., Inc. v. HR Construction Corp., G.R. No. 187521, March 14, 2012).
Waiver is the intentional relinquishment of a known right (Castro v. Del Rosario, 19 SCRA 196).
NOTE: Waivers can be express or implied, however, it cannot be presumed. It must be clearly and
convincingly shown, either by express stipulation or acts admitting no other reasonable explanation.
Right: It is a legally enforceable claim of one person against another, that the other shall do a given act,
or shall not do a given act (Pineda, 2009).
 Elements of Rights
1. Subject
a. Active Subject – entitled to demand the enforcement of the right
b. Passive Subject – duty bound to suffer its enforcement
2. Object – things and services which are intended for the satisfaction of human wants, physical or
spiritual.
3. Efficient Cause – fact that gives right to the legal relations.
Kinds of rights
1. Natural Rights – Those which grow out of the nature of man and depend upon personality
(e.g. right to life, liberty, privacy, and good reputation);
2. Political Rights – Consist in the power to participate, directly or indirectly, in the
establishment or administration of government (e.g. right of suffrage, right to hold public office, right of
petition); and
3. Civil Rights– Those that pertain to a person by virtue of his citizenship in a state or
community (e.g. property rights, marriage, equal protection of laws, freedom of contract, trial by jury)
(Pineda, 2009). a. Rights of personality or human rights; b. Family rights; and c. Patrimonial rights: i.
Real rights; ii. Personal rights (Rabuya, 2009).
Unwaivable rights
1. Right to live and right to future support.
2. Right to personality and family rights.
3. Right to future inheritance.
This is especially so if the waiver is intended to prejudice creditors. Hence, if an heir
repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to
authorize them to accept it in the name of the heir (NCC, Art. 1052; Albano, 2013).
4. Political rights.
If a candidate for mayor agrees to split his term of office with the vice-mayor to prevent
the latter from running against him, the contract is void by reason of public policy (Albano,
2013).
Requisites of a valid waiver
1. Waiving party must actually have the right he is renouncing;
2. He must have full capacity to make the waiver;
3. Waiver must be clear and unequivocal;
4. Waiver must not be contrary to law, public order, public morals, etc;
5. When formalities are required, they must be complied with.
vi. Repeal of Laws

Article 7. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the contrary.
 When the courts declared a law to be inconsistent with the Constitution, the former shall
be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are
not contrary to the laws or the Constitution. (5a)

It is the abrogation of an existing law by a legislative act (Black’s Law Dictionary, 2009).

Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, or custom or practice to the contrary (Art. 7, 1st par.).

Ways of repealing laws

1. Express - If the law expressly provides for such;

2. Implied - If the provisions of the subsequent law are incompatible or inconsistent with those of
the previous law, provided, it is impossible to reconcile the two laws.

Requisites of an implied repeal

1. The laws cover the same subject matter; and

2. The latter is repugnant to the earlier (Rabuya, 2009).

NOTE: Implied repeals are NOT to be favored because they rest only on the presumption that
because the old and the new laws are incompatible with each other, there is an intention to repeal
the old (Rabuya, 2009)

Doctrine of Repugnancy

The laws must be absolutely incompatible. There must be such repugnancy between the laws that
they too cannot be made to stand together.

Instances of implied repeal

1. When the provisions in the two acts on the same subject matter are irreconcilably contradictory,
in which case, the later act, to the extent of the conflict, constitutes an implied repeal of earlier one;
and

2. When the later act covers the whole subject of the earlier one and is clearly intended as a
substitute; thus it will operate to repeal the earlier law (Carmelita Lledo v. Atty. Cesar V. Lledo,
A.M. No. P-951167, February 9, 2010).

Conflict between general and special laws

If the general law was enacted prior to the special law, the latter is considered the exception to the
general law. If the general law was enacted after the special law, the special law remains.
 XPNs: 1. There is an express declaration.

2. There is a clear, necessary and irreconcilable conflict.

3. The subsequent general law covers the whole subject and is clearly intended to replace the special
law on the matter (Rabuya, 2009).

Self-lapsing laws: Laws that provide for their limited application (e.g. House Rental Law, Annual
Appropriations Act, Import Control Law).

Effect of Repeal of Repealing Law

1. If a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be
revived, unless there is an express provision. (Sec. 14, Rev. Adm. Code)

2. If a law which impliedly repeals a prior law is itself repealed, the law first repealed shall be
revived, unless there is an express provision. (U.S. vs. Soliman, 36 Phil. 5)

Take note that what matters here is the way in which the second law, or the the first repealing law
was repealed, it may either be express or implied.

vii. Judicial Decisions

Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form
part of the legal system of the Philippines. (n)

Judicial decisions are evidence of what the laws mean.

The judicial decisions form part of the law of the land as of the date of the enactment of said law.
The Supreme Court’s interpretation merely establishes the contemporaneous legislative intent that the
construed law purports to carry into effect. However, the decisions referred to in Art. 8 of the NCC are only
those enunciated by the SC (Rabuya, 2009).

When a doctrine is overruled and a different view is adopted, the new doctrine should be applied
prospectively and should not prejudice parties who relied on the old doctrine.

Doctrine of Stare Decisis

It is adherence to judicial precedents. Once a question of law has been examined and decided, it
should be deemed settled and closed to further argument.

However, when in the light of changing conditions, a rule has ceased to be beneficial to the society,
courts may depart from it.

Ratio Decidendi

Final judgment. Reaon for the judgment.

 Obiter Dictum

An opinion expressed by a court upon some question of law which is not necessary to the decision
of the case before it. Such are not binding as precedent (Rabuya, 2009).

viii. Silence, Obscurity or Insufficiency of Laws

Article 9. No judge or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)

However, in criminal prosecutions, the judge must dismiss the case if a person is accused of a non-
existent crime following the maxin “nullum crimen, nulla poena sine lege” (Rabuya, 2009).

NOTE: This duty, however, is not a license for courts to engage in judicial legislation. The duty
of the courts is to apply or interpret the law, not to make or amend it.

Guidelines on rendition of decisions under Art. 9

1. When there is no law exactly applicable to the point in controversy, the custom of the place shall
be applied and in default thereof, the general principles of law;

2. Decisions of foreign courts;

3. Opinions of known authors and professors;

4. Applicable rules of statutory construction;

5. Principles formulated in analogous cases.

ix. Doubt in the interpretation or application of laws

Article 10. In case of doubt in the interpretation and application of laws, it is presumed
that the lawmaking body intended right and justice to prevail. (n)

Note: It is the sworn duty of the judgeto apply the law without fear or favor, to follow its mandate, not to
temper with it. (What the law grants, the court cannot deny.)

When to Apply Artcle 10 of the Civil Code

DOUBTFUL STATUTES. Where the law is clear, it must be applied according to its unambiguous
provisions. It must be taken as it is devoid of judicial addition and subtraction (Acting Commissioner of
Customs v. Manila Electric Company, 77 SCRA 469). The first and foremost duty of the court is to apply
the law. Construction and interpretation come only after it has been demonstrated that application is
impossible or inadequate without them (Republic Flour Mills, Inc. v. Commissioner of Customs, 39 SCRA
269). If there is ambiguity in the law, interpretation of the law requires fidelity to the legislative purpose.
What Congress intended is not to be frustrated. Its objective must be carried out. Even if there be doubt as
to the meaning of the language employed, the interpretation should not be at war with the end sought to be
 attained (Republic Flour Mills, Inc. v. Commissioner of Customs, 39 SCRA 269). The Supreme Court has
time and again cautioned against narrowly interpreting a statute as to defeat the purpose of the legislator
and stressed that it is of the essence of judicial duty to construe statutes so as to avoid such deplorable result
(of injustice or absurdity) and that, therefore, a literal interpretation is to be rejected if it would be unjust or
lead to absurd results (Bello v. Court of Appeals, 56 SCRA 509).

In case of silence, obscurity or insufficiency of the law with respect to a particular controversy

If the law is silent, or is obscure or insufficient with respect to a particular controversy, the judge
shall apply the custom of the place, and in default thereof, the general principles of law and justice.

Resort to Equity

Justice outside legality. Justice sweetened with mercy.

It is applied only in the absence of, and never against, statutory law or judicial rules of procedure.
Judicial hands cannot bestow equity contrary to the clear provisions of the law.

x. Customs

Article 11. Customs which are contrary to law, public order or public policy shall not be
countenanced. (n)

Article 12. A custom must be proved as a fact, according to the rules of evidence. (n)

Definition

Customs are rules of conduct, legally binding and obligatory, formed by repetition of acts uniformly
observed as a social rule.

Necessity of proving customs

GR: A custom must be proved as a fact, according to the rules of evidence (NCC,Art. 12).

XPN: Courts may take judicial notice of a custom if there is already a decision rendered by the
same court recognizing the custom.

Requisites before such custom could be considered a source of right

1. Plurality of acts;

2. Uniformity of acts;

3. General practice by the great mass of the people of the country or community;

4. Continued practice for a long period of time;

 5. General conviction that the practice is the proper rule of conduct;

6. Conformity with law, morals or public policy (Tolentino, 1987).

Note: A custom is presumed non-existent when those who should know the custom, do not know
of its existence.

Application of customs in civil cases

In civil cases, customs may be applied by the courts in cases where the applicable law is:

a. Silent b. Obscure c. Insufficient

NOTE: Provided said customs are not contrary to law, public morals, etc. Non-applicability of
customs in criminal cases

In criminal cases, customs cannot be applied because of the maxim nullum crimen nulla poena
sine lege (There is neither crime nor punishment, without a law).

xi. Computation of period

Article 13. When the law speaks of years, months, days or nights, it shall be understood
that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-
four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days
which they respectively have.

In computing a period, the fi rst day shall be excluded, and the last day included. (7a)

How to compute period

1. Year – 12 calendar months (CIR v. Primetown Property Group, Inc., G.R. No. 162155,
August 28, 2007).

NOTE: In the said case, the Supreme Court declared that the provision of Section
31, Chapter VII, Book I of the Administrative Code of 1987, being a more recent law,
governs the computation of legal periods with respect to counting “a year.”

A Calendar Month is “a month designated in the calendar without regard to the

number of days it may contain.” It is the “period of time running from the beginning of a
certain numbered day of the next month, and if there is not sufficient number of days in the
next month, then up to and including the last day of that month.”

Illustration: One calendar month from December 31, 2007 will be from January
1, 2008 to January 31, 2008; one calendar month from January 31, 2008 will be from
February 1, 2008 until February 29, 2008. Hence, twelve calendar months from December
 31, 2007 is December 31, 2008; while twelve calendar months from January 31, 2008 to
January 31, 2009 (Rabuya, 2009).

2. Month – 30 days, unless designated by their name, in which case, they shall be computed
according to the number of days which they respectively have;

3. Day– 24 hours;

4. Night time – from sunset to sunrise;

5. Week – 7 successive days regardless of which day it would start;

6. Calendar week – Sunday to Saturday.

NOTE: In the computation of period, the first day shall be excluded, and the last
day included.

If the last day falls on a Sunday or a legal holiday

If the act to be performed within the period is:

1. Prescribed or allowed by:

a. The Rules of Court;

b. An order of the court; or

c. Any other applicable statute.

The last day will automatically be the next working day.

2. From a contractual relationship – The act will still become due despite the fact
that the last day falls on a Sunday or a legal holiday.

xii. Application of Penal Laws

Article 14. Penal laws and those of public security and safety shall be obligatory upon all
who live or sojourn in Philippine territory, subject to the principles of public international
law and to treaty stipulations. (8a)

Principle of Generality

OBLIGATORY FORCE OF PENAL LAWS. Citizens and foreigners are subject to all
penal laws and all other laws designed to maintain public security and safety. The liability for any
violation of the said laws will even attach regardless of whether or not a foreigner is merely
sojourning in Philippine territory.
 Exceptions

Exemptions under International Law (Theory of Extraterritoriality):

(1) When the offense is committed by a foreign sovereign while in Philippine

territory

(2) When the offense is committed by diplomatic representatives

(3) When the offense is committed in a public or armed vessel of a foreign country.

VIENNA CONVENTION. Heads of State likewise possess immunity from the

criminal jurisdiction of our country. Reason: All states are foreign equal therefore cannot
be sued by another country.

xiii. Nationality Principle

Article 15. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living abroad.
(9a)

NATIONALITY RULE. Regardless of where a citizen of the Philippines might be, he or

she will be governed by Philippine laws with respect to his or her family rights and duties, or to his
or her status, condition and legal capacity. Hence, if a Filipino, regardless of whether he or she was
married here or abroad, initiates a petition abroad to obtain an absolute divorce from his wife or
her husband (whether Filipino or foreigner) and eventually becomes successful in getting an
absolute divorce decree, the Philippines will not recognize such absolute divorce. This is so
because, pursuant to the second paragraph of Article 26 of the Family Code, the only absolute
divorce which the Philippines recognizes is one which is procured by the alien spouse of the
Philippine citizen. Hence, in the eyes of Philippine law in so far as the Filipino is concerned and in
cases where he or she is the one who procures the absolute divorce abroad, his or her status is still
married and therefore should he or she marry again, he or she can be considered to have committed
either concubinage in case of the husband or adultery in case of the wife (See Tenchavez v. Escano,
15 SCRA 355).

xiv. Principle of Lex Rei Sitae

Article 16. Real property as well as personal property is subject to the law of the country
where it is situated.

However, intestate and testamentary successions, both with respect to the order of
succession and to the amount of successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national law of the person whose
 succession is under consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found. (10a)

Lex rei sitae is a Latin phrase which means “the law where the property is situated”. This is a legal
doctrine of property law and international private law. The law governing the transfer of title to property is
dependent upon and varies with, the lex rei sitae.

Renvoi Doctrine (referring back between 2 countries) is a procedure whereby a jural matter
presented is reffered by the conflict of laws rules of the forum to a foreign, the conflict of laws rules of
which in turn refers the matter back to the forum.

Double Renvoi Doctrine (referring across or transmitting among 3 or more countries) is that which
occurs when the local court, in adopting the foreign court theory, discovers that the foreign court accepts
the renvoi.

xv. Principle of Lex Loci Celebrationis

Article 17. 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 offi cials 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. (11a)

Lex loci celebrationis relates to the law of the place of the ceremony or the law of the place where
a contract is made.

xvi. Suppletory Application of the Civil Code

Article 18. In matters which are governed by the Code of Commerce and special laws,
their deficiency shall be supplied by the provisions of this Code. (16a)

SUPPLETORY NATURE. The law clearly provides that, in matters which are governed by the
Code of Commerce or by special laws, any deficiency in the latter shall be supplied by the provisions of the
Civil Code.