UP LAW BOC PERSONS AND FAMILY RELATIONS CIVIL LAW
Art. 11. Customs which are contrary to law, K. APPLICABILITY OF PENAL LAWS
public order or public policy shall not be
countenanced.
Art. 14. Penal laws and those of public
Art. 12. A custom must be proved as a fact, security and safety shall be obligatory upon
according to the rules of evidence. all who live or sojourn in the Philippine
territory, subject to the principles of public
international law and to treaty stipulations.
J. LEGAL PERIODS
Exemptions under International Law
(Theory of Extraterritoriality):
Art. 13. When the laws speak of years,
months, days or nights, it shall be understood (1) When the offense is committed by a
that years are of three hundred sixty-five days foreign sovereign while in Philippine
each; months, of thirty days; days, of twenty- territory
four hours; and nights from sunset to sunrise. (2) When the offense is committed by
diplomatic representatives
If months are designated by their name, they
shall be computed by the number of days (3) When the offense is committed in a
public or armed vessel of a foreign
which they respectively have.
country.
In computing a period, the first day shall be
excluded, and the last day included.
L. BINDING EFFECT
Revised Adm inistrative Code Section
31. Legal Periods. - "Year" shall be Art. 15. Laws relating to family rights and
understood to be twelve calendar months; duties, or to the status, condition and legal
"month" of thirty days, unless it refers to a capacity of persons are binding upon citizens
specific calendar month in which case it shall of the Philippines, even though living abroad.
be computed according to the number of Art. 16. Real property as well as personal
days the specific month contains; "day," to a property is subject to the law of the country
day of twenty-four hours; and "night," from where it is stipulated.
sunset to sunrise.
However, intestate and testamentary
successions, both with respect to the order of
Policy on Last Day being a Legal succession and to the amount of successional
Holiday/Sunday rights and to the intrinsic validity of
If the period arises by statute or orders by the testamentary provisions, shall be regulated
government, the last day will automatically by the national law of the person whose
be considered the next working day succession is under consideration, whatever
If the period arises from a contractual may be the nature of the property and
relationship, the act will still be due on that regardless of the country wherein said
Legal Holiday/Sunday property may be found.
There obviously exists a manifest Art. 17.The forms and solemnities of
incompatibility in the manner of computing
contracts, wills, and other public instruments
legal periods between the Civil Code and the
Revised Administrative Code of 1987. Since shall be governed by the laws of the country
the Administrative Code is the more recent in which they are executed.
law, it governs the computation of legal When the acts referred to are executed before
period [CIR vs Primetown (2007)]
the diplomatic or consular officials of the
Republic of the Philippines in a foreign
country, the solemnities established by
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