PERSONS AND FAMILY RELATIONS government's control over natural resources was not

compromised. The Court also held that the FTAA was in line
I. PRELIMINARY TITLE with the Constitution’s provisions as it promoted the
development of the country’s mineral resources while
A. Effect and Application of Laws ensuring that the government retained full control.

1. When Laws Take Effect v. What laws are included? Pesigan v Angeles
a) Mandatory character of publication requirement 129 SCRA 174
Article 2. Laws shall take effect after fifteen days The word “laws” in Art. 2 includes circulars and
following the completion of their publication in the Official regulations which prescribe penalties. Publication is
Gazette, unless it is otherwise provided. This Code shall take necessary to apprise the public of the contents of the regulations
effect one year after publication. and make the said penalties binding on the persons affected
b) What should be published under Article 2
thereby. E.O. 626-A is a penal statute since it contains a
Laws, Rules and Regulations confiscation and forfeiture provision or sanction. The public must
c) Where should publication be made
Official Gazette or in a newspaper of general circulation be informed of that provision by means of publication in the
Official Gazette before the violators of the executive order
d) Determination of date of effectivity when the law
can be bound thereby.
provides for its immediate effectivity
Commonwealth Act No. 638 requires that all
If a law explicitly states that it shall take effect "immediately
Presidential executive orders having general
upon publication" or words to that effect, the law does not
applicability should be published in the Official
require the usual 15-day period after publication
Gazette. It further provides that “every order or document
e) CASES which shall prescribe a penalty shall be deemed to have general
i. Tañada et al. v Tuvera et al. GR No. applicability and legal effect.”
63915, December 29, 1986
D: The clause “unless it is otherwise provided” solely refers to 2. Ignorance of the Law
the a) Extent of conclusive presumption of knowledge of the
fifteen day period and not to the requirement of publication. law When a law is passed by Congress, duly approved by the
R: Publication is an indispensable requisite the absence of President of the Philippines, properly published, and
which will not render the law effective. consequently becomes effective pursuant to its effectivity
If the law provides for a different period shorter or longer clause or to some provision of a general law on the effectivity
than the fifteen-day period provided by Section 1 of Executive of statutes, the public is always put on constructive notice of the
Order No. 200, then such shorter or longer period, as the law’s existence and effectivity. This is true even if a person has
case may be, will prevail. If the law provides that it shall no actual knowledge of such law. To allow a party to set up as
take effect immediately, it means that it shall take effect a valid defense the fact that he has no actual knowledge of
immediately after publication with the fifteen-day period being a law which he has violated is to foment disorder in society.
dispensed with. However, Article 3 applies only to mandatory and
prohibitory laws. While the presumption is conclusive,
ii. General Circulation - Metropolitan Bank and Trust it only applies to laws that have been properly
Company, Inc. GR No. 173976, February 27, published. If a law has not been published as required, it
2009 cannot be enforced, and the presumption does not apply.
D: TO BE A NEWSPAPER OF GENERAL CIRCULATION:
1. It is published for the dissemination of local news and i. Consunji v CA GR No. 137873 April 20 2001
general information D: The application of Article 3 of the Civil Code is
2. It has a bona fide subscription list of paying subscribers limited to mandatory and prohibited laws. This may be
3. It is published at regular intervals deduced from the language of the provision, which,
4. It must be appealing to the public in general notwithstanding a person’s ignorance, does not excuse his or
her compliance with the laws.
iii. Publication through the internet - Garcillano b) Necessity of alleging and proving foreign law
v House of Representatives GR no. c) How foreign law must be proved in court
170338 December 23, 2008 d) Doctrine of Processual Presumption
D: The requisite of publication of the rules is intended to satisfy
the basic requirements of due process. Publication is indeed i. Del Socorro v Wilsem GR No. 193717, 2014
imperative, for it will be the height of injustice to punish or D of Processual Presumption: If the foreign law involved is
otherwise burden a citizen for the transgression of a law or not properly pleaded and proved, our courts will
rule of which he had no notice whatsoever, not even a presume that the foreign law is the same as our local or
constructive one. What constitutes publication is set forth in domestic or internal law.
Article 2 of the Civil Code, which provides that “laws shall
3. Instances when laws are given retroactive effect by
take effect after 15 days following the completion of
way of exception
their publication either in the Official Gazette, or in a
a) Teresita Tanghal Okabe v Hon. Pedro De Leon
newspaper of general circulation in the Philippines.”
Gutierrez GR No. 150185 May 27, 2004
iv. Effectivity - Farinas v The Executive Secretary D: Curative statutes are generally applied retroactively.
417 SCRA 503, 2003 and La Bugal-B’Laan Additionally, procedural rules usually have retroactive
Tribal Association, Inc. v Ramos 421 SCRA effects, applying to cases that are still pending at the time
148, 2004 they come into effect, even if they do not explicitly state.
R: The Court reasoned that the law, along with its b) PhilHealth v COA GR No. 222710 September 2019
implementing regulations, provided sufficient D: Curative statutes are intended to correct defects, abridge
safeguards to ensure that the Philippine superfluities in existing laws and curb certain evils. "They are
intended to enable persons to carry into effect that which they i. Kinds of Stare Decisis
have designed and intended, but have failed to expect legal 1. Vertical stare decisis deals with the duty of lower courts to
consequences by reason of some statutory disability or irregularity apply the decisions of the higher courts to cases involving the
in their own action. They make valid that which, before same facts
the enactment of the statute, was invalid. 2. Horizontal stare decisis requires that high courts must
follow its own precedents
4. Nullity of acts committed in violation of  Constitutional stare decisis involves judicial
mandatory or prohbitory laws; Exceptions interpretations of the Constitution
If the law expressly provides for the validity of acts  Statutory stare decisis involves interpretations
committed in violation of a mandatory or prohibitory of statutes
provision of a statute, such act shall be considered valid and
enforceable. ii. Prospective Application of Doctrines;
Exception Courts refuse to be bound by the stare decisis
5. Waiver rule where
a) When allowed (1) its application perpetuates illegitimate and
When not contrary to law, public policy, morals or unconstitutional holdings;
good customs, or prejudicial to a third person with a (2) it cannot accommodate changing social and
right recognized by law political understandings;
b) Circumstances when waiver may amount to a transfer (3) it leaves the power to overturn bad constitutional law
of interest solely in the hands of Congress; and,
(4) activist judges can dictate the policy for future courts
c) CASES while
i. Ereñata v Bezore GR No. L-29746 November 26, judges that respect stare decisis are stuck agreeing with them.
1973 54 SCRA 13
D: What was agreed to be sold in the future was different from 8. Computation of Periods
what was purportedly waived; and even if the object in both a) Section 31, Chapter VIII, Book I of the
contracts were the same, the waiver would still be invalid for it Revised Administrative Code of 1987
is essential that a right, in order that it may be validly SECTION 31. Legal Periods.—”Year” shall be understood to
waived, must be in existence at the time of the waiver. be twelve calendar months; “month” of thirty days, unless it
refers to a specific calendar month in which case it shall be
ii. Gongon v CA GR No. L-24421 April 30, 1970 computed according to the number of days the specific month
32 SCRA 412 contains; “day,” to a day of twenty-four hours; and “night,”
D: The preferential right of a tenant under Commonwealth Act from sunset to sunrise.
No. 539 to purchase a public land could not be validly
waived, such waiver being against public policy as b) Concept and application of calendar years in
provided in Article 6 of the new Civil Code which was the same computing legal periods
rule in the old Civil Code. i. CIR v Primetown Property Group GR No.
162155 August 28, 2007
iii. Son et al. v UST GR No. 211273 April 18, 2018 R: Section 31, Chapter VIII, Book I of the Administrative
Article 6. Rights may be waived, unless the waiver is Code of 1987, being the more recent law and having impliedly
contrary to law, public order, public policy, morals, or repealed in its repealing clause all laws inconsistent therewith,
good customs, or prejudicial to a third person with a governs the computation of legal periods.
right recognized by law. Lex posteriori derogat priori (a later law takes precedence over
D: There could be no acquiescence - amounting to estoppel - an earlier one)
with respect to acts which constitute a violation of law.
R: The Supreme Court emphasized that the requirement ii. 2. Garvida v Sales GR No. 124893 April 18, 1997
of a Master's degree for teaching in undergraduate 338 Phil 484
programs has been in place since the 1992 Revised Manual R: The provision that an elective official of the SK should
of Regulations for Private Schools. While they were given not be more than 21 years of age on the day of his
ample time and opportunity to satisfy the requirements by election is very clear. The Local Government Code speaks of
obtaining their respective master's degrees, they failed in the years, not months nor days. When the law speaks of years, it
endeavor. is understood that years are of 365 days each. In the
case at bar, petitioner was born on June 11, 1974. On March
6. Void Laws 16, 1996, the day she registered as voter for the May 6, 1996
a) Void laws are legally SK elections, petitioner was twenty-one (21) years and nine
inexistent It produces no legal (9) months old.
effect.
b) Exception posed by the Doctrine of Operative Fact 9. Principle of generality of criminal law
The doctrine of operative fact is an exception to the general Article 14. Penal laws and those of public security and safety shall be
rule, such that a judicial declaration of invalidity may not obligatory upon all who live or sojourn in Philippine
necessarily obliterate all the effects and consequences of a territory, subject to the principles of public international
void act prior to such declaration. law and to treaty stipulations.
Generality means that the criminal law of the country governs all
7. Judicial Decisions
a) Stare Decisis
persons who lives or sojourns in the Philippines.
The rule of stare decisis is a bar to any attempt to re- Citizens and foreigners are subject to all penal laws and
all other laws designed to maintain public security and safety.
litigate the same issue where the same questions
relating to the same event have been put forward by The liability for any violation of the said laws will even attach
regardless of whether or not a foreigner is merely sojourning in
parties similarly situated.
Philippine territory.
10.Conflict of Laws Article 16 (2)
a) Lex Nationalili When a person dies, the rules for distributing their
Article 15. Laws relating to family rights and duties, or estate— whether they left a will (testamentary succession) or
to the status, condition and legal capacity of persons are did not leave a will (intestate succession)—are determined
binding upon citizens of the Philippines, even though by the laws of the country where that person was a
living abroad. citizen or national.
This is the rule of lex nationalili in private international law.  Order of Succession: The rules about who inherits first
Regardless of where a citizen of the Philippines might be, (like children, spouse, parents) are based on the deceased
he or she will be governed by Philippine laws with respect to person's national law.
his or her family rights and duties, or to his or her status,  Successional Rights: The share or amount that each heir
condition and legal capacity. is entitled to is also determined by the national law of
the deceased person.
i. Applicability to both Filipinos and foreign  Validity of Will: Whether the contents of the will are legally
nationals For Filipinos: Lex nationalis ensures that Filipino valid is judged according to the law of the deceased
citizens are governed by Philippine law concerning person's nationality.
personal matters, regardless of where they are in the  Applies Everywhere: These rules apply no matter where
world. the property is located, whether in the deceased person's
For Foreign Nationals: Foreigners in the Philippines are typically home country or abroad.
governed by the law of their own country concerning So, if a Filipino citizen passes away, Philippine law will
personal matters. However, the application of this law within govern how their estate is distributed, even if they
the Philippines is subject to recognition by the Philippine own property in another country.
legal system, especially if it does not violate local public policy.
ii. Exception to the exception under the
ii. Consequence of the application of lex nationalili Renvoi doctrine
in determining grounds for dissolving a
marriage between a foreign national and a c) Lex Loci Celebrationis
filipino Article 17. The forms and solemnities of contracts, wills,
If a Filipino, regardless of whether he or she was married and other public instruments shall be governed by the
here or abroad, initiates a petition abroad to obtain an laws of the country in which they are executed.
absolute divorce from his wife or her husband (whether When the acts referred to are executed before the
Filipino or foreigner) and eventually becomes successful in diplomatic or consular officials of the Republic of the
getting an absolute divorce decree, the Philippines will not Philippines in a foreign country, the solemnities established
recognize such absolute divorce. by Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property,
iii. Exception created by Article 26(2) of the and those which have for their object public order, public policy
Family Code in light of the ruling in Republic V and good customs shall not be rendered ineffective by laws
Manalo GR No. 221029 April 24, 2018 allowing or judgments promulgated, or by determinations or
a filipino in a mixed marriage to file a petition conventions agreed upon in a foreign country .
for divorce The lex loci celebrationis principle is expressed in the first
Art. 26. All marriages solemnized outside the Philippines, in paragraph of Article 26 of the Family Code: “All marriages
accordance with the laws in force in the country where they solemnized outside the Philippines in accordance with
were solemnized, and valid there as such, shall also be valid the laws in force in the country where they were
in this country, except those prohibited under Articles 35(1), (4), solemnized, and valid there as such, shall also be valid
(5) and (6), in this country.”
36, 37 and 38.
Where a marriage between a Filipino citizen and a i. Barring the effect of the last paragraph of Article 17
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse ii. Exceptions posed by Article 26(1) of the
capacitating him or her to remarry, the Filipino spouse shall Family Code in providing grounds for nullifying a
likewise have capacity to remarry under Philippine law. marriage that is otherwise validly celebrated
Pursuant to the second paragraph of Article 26 of the Family abroad
Code, the only absolute divorce which the Philippines Art. 35. The following marriages shall be void from the beginning:
recognizes is one which is procured by the alien (1) Those contracted by any party below eighteen years of
spouse of the Philippine citizen. age
even with the consent of parents or guardians;
b) Lex Rei Sitae (4) Those bigamous or polygamous marriages not failing
Article 16. Real property as well as personal property is under Article 41;
subject to the law of the country where it is situated. (5) Those contracted through mistake of one contracting party
as to the identity of the other; and
However, intestate and testamentary successions,
(6) Those subsequent marriages that are void under Art. 53.
both with respect to the order of succession and to the
Art. 36. A marriage contracted by any party who, at the time of the
amount of successional rights and to the intrinsic validity of
celebration, was psychologically incapacitated to comply with
testamentary provisions, shall be regulated by the national
the essential marital obligations of marriage, shall likewise be void
law of the person whose succession is under
even if such incapacity becomes manifest only after its
consideration, whatever may be the nature of the
solemnization. (As amended by Executive Order 227)
property and regardless of the country wherein said
property may be found. Art. 37. Marriages between the following are incestuous and
i. Exceptions posed by the law on succession void from the beginning, whether relationship between the
parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and decree as an integral aspect of his claim or defense.
(2) Between brothers and sisters, whether of the full
or half blood . (81a) v. Republic v Manalo GR No. 221029 April 24,
2018 D: A Filipino who initiated a foreign divorce
Art. 38. The following marriages shall be void from the proceeding is in the same place and in like circumstance
beginning for reasons of public policy: as a Filipino who is at the receiving end of an alien
(1) Between collateral blood relatives whether initiated proceeding. Therefore, the subject provision (Article
legitimate or illegitimate, up to the fourth civil degree; 26, paragraph 2 of the Family Code) should not make a distinction.
(2) Between step-parents and step-children; In both instances, it is extended as a means to recognize the
(3) Between parents-in-law and children-in-law; residual effect of the foreign divorce decree on Filipinos
(4) Between the adopting parent and the adopted child; whose marital ties to their alien spouses are severed by
(5) Between the surviving spouse of the adopting parent and operation of the latter’s national law.
the adopted child;
(6) Between the surviving spouse of the adopted child vi. Bellis v Bellis 20 SCRA 358 (1967)
and the adopter; Succession of an alien’s estate in the Philippines
(7) Between an adopted child and a legitimate child should be governed by the national law of the decedent, in
of the adopter; this case. Texas law, and not by Philippine law on legitimates.
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to vii. Gaspi v Hon. Judge Pacis-Trinidad GR No. 229010
marry the other, killed that other person’s spouse, or Nov 23, 2020
his or her own spouse. (82) The Supreme Court reiterated that the extrinsic validity of a
will, which concerns the will’s formality and execution, is
d) CASES governed by the law of the country where the will was
i. Tenchavez v Escano 15 SCRA 255 Nov 29 executed.
1965 D: A foreign divorce between Filipino citizens, The decision underscored that the probate of an alien’s
sought and decreed after the effectivity of the new Civil Code will executed in the Philippines does not necessarily
(Republic Act No. 386), is not entitled to recognition as mandate adherence to the decedent’s national law for its
valid in the Philippines; and neither is the marriage probate, provided the will conforms to Philippine laws.
contracted with another party by the divorced consort, The nationality principle is embodied in Article 15 of the Civil
subsequently to the foreign decree of divorce, entitled to Code: ARTICLE 15. Laws relating to family rights and
validity in this country. duties, or to the status, condition and legal capacity
of persons are binding upon citizens of the Philippines,
ii. Van Dorn v Romillo 139 SCRA 139 even though living abroad.
D: The nationality principle embodied in Article 15 of the Civil
Code provides that only Philippine nationals are covered by viii. Doctrine of Renvoi
the policy against absolute divorces, the same being The Renvoi Doctrine is a legal doctrine which applies when a
considered contrary to our concept of public police and court is faced with a conflict of law and must
morality. However, aliens may obtain divorces abroad, consider the law of another state, referred to as private
which may be recognized in the Philippines, provided international law rules. This can apply when considering foreign
they are valid according to their national law. issues arising in succession planning and in administering
estates.
iii. Norma Del Socorro, for and in behalf of her minor Renvoi takes place when the conflicts rule of the forum
child Rodrigo Norjo Van Wilsem v Ernst Johan makes a reference to a foreign law, but the foreign
Brinkman Van Wilsem GR No. 193797 Dec 10,
law is found to contain a conflict rule that returns or
2014
refers the matter back to the law of the forum
D: Philippine laws, specifically the provisions of the Family Code
(Remission).
on support, only applies to Filipino citizens. By analogy,
the same principle applies to foreigners such that they are 1. Aznar v Garcia GR No. L-16749 Jan 31,
governed by their national law. It is incumbent upon respondent 1963 The recognition of the renvoi theory implies that the
to plead and prove that the national law of the Netherlands rules of the conflict of laws are to be understood as
does not impose upon the parents the obligation to support incorporating not only the ordinary or internal law of
their child. the foreign state or country, but its rules of the conflict
iv. David A. Noveras v Leticia T. Noveras of laws as well.
GR No. 188289 Aug 20, 2014 Consequently, the court of the domicile cannot and should not refer
D: In Corpuz v. Sto. Tomas, the Supreme Court stated that:
the case back to California; such action would leave the issue
The starting point in any recognition of a foreign divorce incapable of determination because the case will then be like a
judgment is the acknowledgment that our courts do not
football, tossed back and forth between the two states, between the
take judicial notice of foreign judgments and laws.
country in which the decedent was a citizen and the country of his
Justice Herrera explained that, as a rule, "no sovereign is domicile. The Philippine court must apply its own law as
bound to give effect within its dominion to a
directed in the conflict of laws rule of the state of the
judgment rendered by a tribunal of another
decedent.
country." This means that the foreign judgment and
its authenticity must be proven as facts under our
rules on evidence, together with the alien’s
applicable national law to show the effect of the
judgment on the alien himself or herself. The recognition
may be made in an action instituted specifically for the
purpose or in another action where a party invokes the foreign