Tanada vs Tuvera

Publication requirement

= no basis for article 3 of the civil code ignorantia legis non excusat

Already implemented laws which have already been used as a basis for decisions = can’t be made invalid
because of non-publication it would result in negative consequences.

Garcillano vs House of representatives

= Wiretapped conversations violating RA 4200

Senate can’t be allowed to conduct legislative inquiry not because of RA 4200 but because the senate is
not a continuing body and did not publish their rules of procedure.

Philsa vs CA

= To summarize, petitioner should be absolved from the three (3) counts of illegal exaction as POEA
Administrative Circular No. 2, Series of 1983 could not be the basis of administrative sanctions against
petitioner for lack of publication. However, we affirm the ruling of the POEA and the Secretary of Labor
and Employment that petitioner should be held administratively liable for two (2) counts of contract
substitution and one (1) count of withholding or unlawful deduction of salary.

Unciano Paramedical vs CA.

When a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be
applied... prospectively, and should not apply to parties who had relied on the old doctrine and acted on
the faith thereof.

[Doctrines: In Alcuaz v. PSBA, the Court characterized the relationship between the school and
the student as a contract, in which "a student, once admitted by the school is considered
enrolled for one semester."

Two years later, in Non v. Dames II (1990, En Banc), the Court modified the "termination of
contract theory" in Alcuaz by holding that the contractual relationship between the school
and the student is not only semestral in duration, but for the entire period the latter are
expected to complete it]

The school relied on the older doctrine of Alcuaz which terminated the contract of the students per sem.

Cui vs Arrellano University

Invalid portion of the contract because scholarships = rewards

The school cannot compel cui to stay or waive his right to transfer.

People vs Jabinal

Prevailing doctrine at the time: People vs Lucero and People vs Macarandang(1959) that they had the
right to carry once appointed as a peace officer. People vs Mapa only reversed it on 1967
(1958). Our decision in People vs. Mapa reversing the aforesaid doctrine came only in 1967.
under Article 8 of the New Civil Code, "judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal... system
and people who relied on the older doctrine shall not be appied to parties who relied on the previous
doctrine provided as long as it was within the time frame.

Van dorn vs Romilio

Private respondent is no longer husband and wife with petitioner because private respondent obtained a
divorce abroad at Nevada USA.

To maintain, as private respondent does, that, under our laws, petitioner has to be considered still
married to private respondent and still subject to a wife's obligations under Article 109, et. seq. of the
Civil Code cannot be just. Petitioner should not be obliged to live together with, observe respect and
fidelity, and render support to private respondent. The latter should not continue to be one of her
heirs with possible rights to conjugal property. She should not be discriminated against in her own
country if the ends of justice are to be served.

Ando vs DFA

Kobayashi got a divorce in Japan but was married in Pampanga

Because of that both Kobayashi and Ando married other people and when Ando wanted to get a
passport with the surname of her new husband

Ando filed a petition for declaratory relief but was denied because it has no cause of action

Although there was a termination of Divorce at Japan, they did not comply with Articles 40, 51 and
52 of the Civil Code. Which requires a judicial declaration of nullity for the purpose of remarrying

Firstly, she should have first appealed before the secretary of FA because her ultimate entreaty was
to... question the DFA's refusal to issue a passport to her under her second husband's name.

Secondly, with respect to her prayer for the recognition of her second marriage as valid, petitioner
should have filed, instead, a petition for the judicial recognition of her foreign divorce from her first
husband.
a divorce obtained abroad by an alien may be recognized in our jurisdiction, provided the decree is
valid according to the national law of the foreigner. The presentation solely of the divorce decree is...
insufficient; both the divorce decree and the governing personal law of the alien spouse who obtained
the divorce must be proven. Because our courts do not take judicial notice of foreign laws and
judgment, our law on evidence requires that both the divorce decree and the... national law of the
alien must be alleged and proven and like any other fact.
While it has been ruled that a petition for the authority to remarry filed before a trial court actually
constitutes a petition for declaratory relief,[11] we are still unable to grant the prayer of petitioner. As
held by the RTC, there appears to be... insufficient proof or evidence presented on record of both the
national law of her first husband, Kobayashi, and of the validity of the divorce decree under that
national law. [12] Hence, any declaration as to the validity of the divorce can only be made... upon
her complete submission of evidence proving the divorce decree and the national law of her alien
spouse, in an action instituted in the proper forum.
the instant Petition is DENIED

Aznar vs Garcia

Ph law follows the law that the family rule applies to citizens.

Edward on this situation is born from NYC, California.

2. The internal Law which should apply to California domiciles in califronia.

The California conflict rule, found on Art. 946 of the California Civil code States that “if there is
no law to the contrary in the place where personal property is situated, it is deemed to follow
the decree of its owner and is governed by the law of the domicile.”
Bellis vs Bellis

The main issue is whether the law governing the distribution of the estate should be the
Philippine law on legitimes or the national law of the decedent (Texas law). The opposing parties
contested the application of Philippine law to their legitime claims.
Llorente vs CA

The clear intent of Lorenzo to bequeath his property to his second wife and children by her is
glaringly shown in the will he executed. We do not wish to frustrate his wishes, since he was a
foreigner, not covered by our laws on "family rights and duties, status, condition and... legal capacity.
Whether the will is intrinsically valid and who shall inherit from Lorenzo are issues best proved by
foreign law which must be pleaded and proved. Whether the will was executed in accordance with
the formalities required is answered by referring to Philippine law. In... fact, the will was duly
probated.
Principles:
In Van Dorn v. Romillo, Jr.[40] we held that owing to the nationality principle embodied in Article
15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorce
Congress specifically left the amount of successional... rights to the decedent's national law
Candelaria vs dalaygnon

Issue:
1) Whether or not the properties in issue should be governed by the law where the property is
situated
2) Whether or not the decree of distribution may still be annulled.
Ruling:
1) Yes, properties in issue should be governed by the law where the property is situated.
However, since the first wife is a foreign national, the intrinsic validity of her will is governed by
her national law. The national law of the person who made the will shall regulate whose
succession is in consideration whatever the nature of the property and regardless of the country
where the property maybe found (Art 16 CC). The first wife’s properties may be found in the
Philippines, however the successional rights over those properties are governed by the national
law of the testator.

2) A decree of distribution of the estate of a deceased person vests the title to the land of the
estate in the distributees, which, if erroneous may be corrected by a timely appeal. Once it
becomes final, its binding effect is like any other judgment in rem.

However, in exceptional cases, a final decree of distribution of the estate may be set aside for
lack of jurisdiction or fraud. Further, in Ramon vs. Ortuzar, the Court ruled that a party interested
in a probate proceeding may have a final liquidation set aside when he is left out by reason of
circumstances beyond his control or through mistake or inadvertence not imputable to
negligence.

Petitioner’s failure to proficiently manage the distribution of Audrey’s estate according to the
terms of her will and as dictated by the applicable law amounted to extrinsic fraud.

HUMAN RELATIONS:
Diaz vs Encanto