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Civil Law Reviewer

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PERSONS and FAMILY RELATIONS
I. CIVIL CODE
 took effect on August 30, 1950 (Lara vs.
Del Rosario)
Effectivity of laws
GENERAL RULE: Laws take effect 15 days
following the completion of its publication
EXCEPTION: Unless otherwise provided by
the law. This refers to the 15 day period and
NOT to the requirement of publication.
(Tanada vs. Tuvera)
NOTE: Administrative rules and regulations
must also be published if their purpose is to
enforce or implement existing laws pursuant to
a valid delegation. The publication must be in
full since its purpose is to inform the public of
the contents of the law. (Phil. Int’l Trading
Corp. vs. Angeles)
Ignorantia legis non excusat (Ignorance of
the law excuses no one)
 a CONCLUSIVE presumption and applies
only to mandator y and prohibitory laws.
(Consunji vs. CA)
 ignorance of foreign law is not ignorance
of the law, but ignorance of the fact, there
being no judicial notice of said foreign
laws. (Adong v. Cheong Seng Gee).
Non-retroactivity of laws
GENERAL RULE: Laws have no retroactive
effect.
EXCEPTIONS: (TIP-CEL-UP)
1. Tax laws
2. Interpretative statutes
3. Procedural/remedial
4. Curative statutes
5. Emergency laws
6. Laws creating new rights
7. Unless the law otherwise provides
8. Penal laws favorable to he accused.
EXCEPTIONS TO THE EXCEPTIONS:
1. Ex post facto laws
2. Laws that impair obligation of
contracts
Acts Contrary To Law
GENERAL RULE: Acts which are contrary
to mandatory or prohibitory laws are void.
EXCEPTIONS:
1. W hen the law itself authorized its
validity (ex. lotto, sweepstakes)
2. W hen the law makes the act only
voidable and not void
3. W hen the law makes the act valid but
punishes the violator (ex. marriage
solemnized by a person without legal
authority)

Waiver of rights
GENERAL RULE: Rights can be waived.
EXCEPTIONS: CPEN
1. If the waiver is contrary to law, public
order, public policy, morals or good
customs (LPPMG)
2. If the waiver is...