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PFR Outline 1

This document discusses key provisions in the first 18 articles of the Philippine Civil Code's Preliminary Title regarding persons and family relations. It summarizes important rules and principles such as: 1) The Civil Code establishes the basic laws that govern family and property relations in the Philippines. 2) Court decisions discuss when new laws take effect and the importance of effective dates. Judicial decisions also help interpret and apply the Civil Code. 3) The Code addresses ignorance of the law, retroactivity of laws, the effect of court rulings, and how customs and foreign laws are proven in courts. 4) Numerous Supreme Court cases are cited that help explain concepts like stare decisis, conflicts between laws and regulations

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Ezekiel Japhet Cedillo Esguerra
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155 views2 pages

PFR Outline 1

This document discusses key provisions in the first 18 articles of the Philippine Civil Code's Preliminary Title regarding persons and family relations. It summarizes important rules and principles such as: 1) The Civil Code establishes the basic laws that govern family and property relations in the Philippines. 2) Court decisions discuss when new laws take effect and the importance of effective dates. Judicial decisions also help interpret and apply the Civil Code. 3) The Code addresses ignorance of the law, retroactivity of laws, the effect of court rulings, and how customs and foreign laws are proven in courts. 4) Numerous Supreme Court cases are cited that help explain concepts like stare decisis, conflicts between laws and regulations

Uploaded by

Ezekiel Japhet Cedillo Esguerra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PERSONS AND FAMILY RELATIONS

Civil Code
Preliminary Title (Arts. 1 to 18)
Art. 1
Civil Code
Art. 2
When do laws take effect?
When did the Civil Code take effect?
Why is the date of effectivity important?
Taada v Tuvera; G.R. No. 63915 April 24, 1985 and Dec. 29, 1986.
De Roy v CA; G.R. No. 80718 Jan. 29, 1988.
Filing w/ the U.P. Law Center National Administrative Register (Secs. 3 &
4, Chap. 2, Book VII, Admin Code of 1987)
What need not be published in OG/newspaper and filed with Natl Admin
Register (see Nueva Ecija I Electric Cooperative, Inc. v. Energy Regulatory
Commission, G.R. No. 180642, February 3, 2016.
Art. 3
Ignorance of the law. Ignorance or mistake of facts.
Applies to SC decisions?
Millarosa v Carmel Devt.; G.R. No. 194538 Nov 27, 2013.
Art. 4
Gen rule. Exceptions to retroactivity. (See Art. 22 RPC)
Art. 5. Exceptions
Art. 6
What is waiver? How made
Exceptions
Cui v Arellano University; L-15127 May 30, 1961.
Art. 7
Art. 8
Are judicial decisions law?
Floresca v Philex L-30642 June 30, 1985 (see section B of decision)
Decisions of Court of appeals (see Vda. de Miranda v Imperial 77 Phil
1066; GR No. L-49090. February 28, 1947.
See also Millarosa case.
Art. 9
What is doctrine of stare decisis?
Art. 10
Conflict between law and rule or regulation that implements it.
Tayug Rural Bank v Central Bank; G.R. No. 46158; Nov. 28, 1986.
Art. 11 & 12
Definition of customs. How proven.
Art. 13
Computation of period. (see Sec. 31 E.O 292 Admin Code of 1987)
Arts. 14 to 17
Conflict of law rules. Territoriality. Exteritorriality. Extraterritoriality.
Renvoi doctrine; Processual presumption; forum non conveniens.
May courts take judicial notice of foreign law? Proof of foreign law, foreign
judgments.
Van Dorn v Romillo; G.R. No. L-68470. October 8, 1985. (n.b.
decided before the Family Code was enacted).
Republic v Obrecido; G.R. No. 154380 Oct. 5, 2005.
Bayot v CA; G.R. No. 155635. November 7, 2008.
Lavadia v Heirs of Luna; G.R. No. 171914 July 23, 2014.
Garcia v Recio G.R. No. 138322. October 2, 2001.
San Luis v San Luis; G.R. No. 133743. February 6, 2007.
Tenchavez v Escano; G.R. No. L-19671. November 29, 1965.
Barretto Gonzalez v Gonzalez; G.R. No. 37048. March 7, 1933.
Del Socorro v Van Wilsem; G.R. No. 193707. December 10, 2014.
Bellis v Bellis; G.R. No. L-23678. June 6, 1967.
Miciano v. Brimo, G.R. No. 22595, November 1, 1924.
Art. 18
Special laws. Laws of general application. Statutory construction.
(to be continued)

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