Introduction to Civil Law

Article 3. Ignorance of the law excuses no one from compliance

therewith.

 You can’t avoid following the law just because you didn’t know about it.
Everyone is expected to know the laws of the country.
 This principle is rooted in the idea that the law is publicly accessible.
Laws are published in the Official Gazette and other official sources,
making them available to everyone. The burden is on individuals to
inform themselves of the laws that govern their conduct.

 It ensures that laws are applied equally to everyone. If ignorance were

an excuse, people could easily avoid legal consequences. It also
encourages people to learn about the laws that govern them.
 While there are no explicit exceptions, the concept of “mistake of fact”
can sometimes mitigate liability in criminal law.
 Due process requires fair notice of the laws, but it doesn’t negate the
principle that ignorance is no excuse
 No, but citizens are expected to know the basic laws that govern their
conduct and to seek legal advice when necessary.
 A mistake of fact is when someone does something based on a wrong
belief about something real.

Article 4. Laws shall have no retroactive effect, unless otherwise

provided.

 Laws generally apply from the date they are enacted (become law) and
onward. They don’t usually apply to things that happened before the
law was passed, unless the law itself specifically says it should.
 The exception to this rule is often found in laws that are remedial in
nature (designed to correct existing problems) or penal laws that favor
the accused. However, even in these cases, retroactivity is not
automatic and must be explicitly stated in the law.

 Penal laws are often applied retroactively if they favor the accused. For
example, if a new law reduces the penalty for a crime, someone
already convicted of that crime might benefit from the reduced
penalty.
 Ex post facto laws are laws that criminalize actions that were legal
when they were committed, increase the penalty for a crime after it
was committed, or alter the rules of evidence to make conviction
 easier. They are prohibited because they violate fundamental principles
of fairness.
 It prevents new laws from taking away rights that individuals already
possess.
 Generally, yes, as long as they do not impair substantive rights.
 Procedural law defines the rules and processes governing how legal
cases are handled within a legal system. Substantive law defines
rights, duties, and obligations.
 Procedural laws generally apply retroactively to pending cases unless
they expressly exclude pending actions, impair vested rights, cause
great injustice, or create complex due process issues .
 Penal law is a body of laws that defines crimes and their punishments.

Article 5. Acts executed against the provisions of mandatory or

prohibitory laws shall be void, except when the law itself authorizes
their validity.

 If you do something that a law requires you to do in a certain way

(mandatory) or something a law forbids you from doing (prohibitory),
that action is invalid, unless the law itself says otherwise.
 This article underscores the importance of complying with the law. If an
act violates a mandatory or prohibitory law, it is considered void ab
initio (from the beginning), meaning it has no legal effect.

 A mandatory law requires you to do something (e.g., register a

business), while a prohibitory law forbids you from doing something
(e.g., illegal gambling).
 Entering into a contract that violates usury laws, performing a
marriage without a valid license
 It is as if the contract never existed. No rights or obligations arise from
it.
 Pari delicto means “in equal fault.” If both parties to an illegal act are
equally at fault, neither can seek relief from the courts.

Article 6. Rights may be waived, unless the waiver is contrary to

law, public order, public policy, morals, or good customs, or
prejudicial to a third person with a right recognized by law.

 You can give up your rights, but not if it goes against the law, public
order, public policy, morals, good customs, or harms someone else’s
legal rights.
 A waiver is a voluntary relinquishment of a known right. For a waiver to
be valid, it must be made freely, knowingly, and intelligently. The
limitations on waiver are designed to protect the public interest and
the rights of others
  The right to life. You can’t legally agree to be killed.
 A waiver is an intentional relinquishment, while abandonment implies a
neglect to assert a right.
 Generally, no, unless the waiver is made by a parent or guardian on
their behalf and is in the minor’s best interest.
 It is invalid and unenforceable.

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 declare 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.

 Laws are only cancelled by new laws. Just because a law isn’t followed
or people have different customs doesn’t mean the law is no longer in
effect.
 If a court says a law goes against the Constitution, the Constitution
wins, and the law is invalid.
 Government actions are only valid if they follow the laws and the
Constitution
 Repeal of a law can be express (explicitly stated in the new law) or
implied (when the new law is incompatible with the old one). The
power of judicial review, which allows courts to declare laws
unconstitutional, is a cornerstone of the Philippine legal system.

 The national law prevails. Customs cannot override laws

 Repeal completely abolishes a law, while amendment modifies it.
 Constitution > Statutes > Administrative Rules and Regulations > Local
Ordinances
 Even if a law is later declared unconstitutional, actions taken under
that law before the declaration may still be valid if they have already
produced effects.
 Hierarchy of Laws.
 The Constitution is the fundamental law of a nation or state,
establishing the framework for its government, defining the
relationship between different branches of government, and
guaranteeing basic rights to citizens.
 Statutes are laws enacted by a legislative body, such as a
Congress or Parliament. They are written rules that command or
prohibit certain actions, or declare specific policies. Statutes are
more specific than constitutional principles and must be in
accordance with the Constitution .
  Administrative rules and regulations are created by government
agencies to implement and enforce statutes. These rules provide
detailed guidance on how statutes should be applied and
interpreted. They have the force of law but must be within the
scope of authority delegated by the legislature and consistent
with both the Constitution and relevant statutes.
 Local ordinances are laws passed by local government
authorities, such as cities, counties, or towns. They address
issues specific to the locality, such as zoning, traffic, and public
safety. Local ordinances must comply with the Constitution,
statutes, and administrative rules of the state and federal
governments.

Article 8. Judicial decisions applying or interpreting the laws or the

Constitution shall form a part of the legal system of the Philippines.

 Court decisions that explain the meaning of laws become part of the
legal system. This is the principle of stare decisis, meaning “to stand
by things decided.”
 The doctrine of stare decisis is not absolute. The Supreme Court can
overturn its previous decisions, but it does so rarely and only when
there is a compelling reason.

 They provide guidance on how laws should be applied in specific

situations. They create precedents that lower courts must follow.
 Ratio decidendi is the legal principle upon which a court’s decision is
based, while obiter dictum is a statement made in passing that is not
essential to the decision.
 No, but they can be persuasive authority.
 By ensuring that similar cases are treated similarly.

Article 9. No judge or court shall decline to render judgment by

reason of the silence, obscurity or insufficiency of the laws.

 Judges must make a decision, even if the law isn’t clear or doesn’t
directly address the situation.
 This article reflects the principle of judicial duty. Judges cannot avoid
deciding a case simply because the law is unclear or doesn’t directly
address the issue. They must use their legal knowledge and reasoning
to reach a decision.

 The judge must use legal reasoning, consider similar cases, and apply
general principles of law to reach.
  Legal principles, jurisprudence from other jurisdictions, legal
commentaries, and the judge’s own sense of justice.
 By ensuring that every case is decided on its merits, even if the law is
not perfectly clear.
 Equity allows judges to provide remedies that are not explicitly
provided for in the law, in order to achieve fairness.

Article 10. In case of doubt in the interpretation or application of

laws, it is presumed that the lawmaking body intended right and
justice to prevail.

 If a law is unclear, it should be interpreted in a way that promotes

fairness and justice.
 This article provides a guiding principle for interpreting ambiguous
laws. It emphasizes that the ultimate goal of the law is to achieve
justice.

 It emphasizes that laws are meant to achieve justice. When

interpreting laws, courts should lean towards interpretations that lead
to fair outcomes.
 It suggests that courts should try to determine what the legislature
intended when it passed the law and interpret the law in a way that is
consistent with that intent.
 The language of the statute, the legislative history, and the purpose of
the law.
 Yes, but only when the plain meaning would lead to an unjust or absurd
result.