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ISSUE: Whether or not People vs Macarandang or People vs RULING: The settled rule supported by numerous authorities
Mapa should be applied in the case at bar? is a restatement of legal maxim "legis interpretatio legis vim
obtinet" the interpretation placed upon the written law by a
RULING : At the time of Licera's designation as secret agent in
competent court has the force of law. The doctrine laid down in
1961 and at the time of his apprehension for possession of the
Lucero and Macarandang was part of the jurisprudence, hence
Winchester rifle without the requisite license or permit therefor in
of the law, of the land, at the time appellant was found in
1965, the Macarandang rule the Courts interpretation of
possession of the firearm in question and when he arraigned by
section 879 of the Revised Administrative Code - formed part of
the trial court. It is true that the doctrine was overruled in the
our jurisprudence and, hence, of this jurisdiction's legal
Mapa case in 1967, but when a doctrine of this Court is
system. Mapa revoked the Macarandang precedent only in 1967.
overruled and a different view is adopted, the new doctrine
Certainly, where a new doctrine abrogates an old rule, the new
should be applied prospectively, and should not apply to parties
doctrine should operate respectively only and should not
who had relied on the old doctrine and acted on the faith thereof.
adversely affect those favored by the old rule, especially those
This is especially true in the construction and application of
who relied thereon and acted on the faith thereof. This holds
more especially true in the application or interpretation of
statutes in the field of penal law, for, in this area, more than in 1106 Phil. (1959), 713.
any other, it is imperative that the punishability of an act be 2103 Phil. (1958), 500.
reasonably foreseen for the guidance of society. 3 L-22301, August 30, 1967, 20 SCRA 1164.
11. CHU JAN vs. LUCIO BERNAS G.R. Nos. 119987-88 October 12, 1995
TOPIC: Article 9 Duty of Judges ISSUE: Whether or not the judge can impose penalty of
Reclusion Perpetua where the law clearly imposes the penalty of
ISSUE: Death.
Whether or not the judge is correct in dismissing the case RULING: No. As long as that penalty remains in the statute
on the ground that he is not familiar with the rules governing books, and as long as our criminal law provides for its imposition
cockfights and the duties of referees thereof; that he does not in certain cases, it is the duty of judicial officers to respect and
know where to find the law on the subject and, finally, that he apply the law regardless of their private opinions. It is a well
knows of no law whatever that governs the rights to the plaintiff settled rule that the courts are not concerned with the wisdom,
and the defendant in questions concerning cockfights. efficacy or morality of laws. The Rules of Court mandates that
after an adjudication of guilt, the judge should impose the proper
penalty and civil liability provided for by the law on the accused
RULING:
regardless of the trial judges misgivings in imposing the death
sentence because of his religious convictions.
The court ruled that the ignorance of the court or his lack of
knowledge regarding the law applicable to a case submitted to
him for decision or the fact that the court does not know the
rules applicable to a certain matter that is the subject of an 13. S. D. MARTINEZ and his wife, CARMEN ONG DE
appeal which must be decided by him and his not knowing where MARTINEZ, plaintiffs-appellees,
to find the law relative to the case, are not reasons that can
serve to excuse the court for terminating the proceedings by 14. vs. WILLIAM VAN BUSKIRK
dismissing them without deciding the issues. Such an excuse is
the less acceptable because, foreseeing that a case might arise G.R. No. L-5691 December 27, 1910
to which no law would be exactly applicable, the Civil Code, in
the second paragraph of article 6, provides that the customs of TOPICS: Article 11 Customs which are contrary to law,
the place shall be observed, and, in the absence thereof, the public order or policy shall not be countenanced.
general principles of law.
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Article 12 A custom must be proved as a fact, according to
the rules of evidence.
ISSUE: WON the marriage of Yao Kee and Sy Kiat is valid in
ISSUE: accordance with Philippine laws
Whether or not the cochero of the defendant was negligent in
leaving the horses in the manner described by the evidence in RULING: No. The Supreme Court has held that to establish a
this case, either under Spanish or American jurisprudence? valid foreign marriage two things must be proven, namely: (1) the
existence of the foreign law as a question of fact; and (2) the
RULING: alleged foreign marriage by convincing evidence. In the case at
There was presented in this case, and by the plaintiffs bar petitioners did not present any competent evidence relative
themselves, not only the fact of the runway and the accident to the law and custom of China on marriage. The testimonies of
resulting therefrom, but also the conditions under which the Yao and Gan Ching cannot be considered as proof of China's
runaway occurred. Those conditions showing of themselves that law or custom on marriage not only because they are self-
the defendant's cochero was not negligent in the management of serving evidence, but more importantly, there is no showing that
the horse. It is a matter of common knowledge as well as proof they are competent to testify on the subject matter. For failure to
that it is the universal practice of merchants to deliver prove the foreign law or custom, and consequently, the validity of
merchandise of the kind of that being delivered at the time of the the marriage in accordance with said law or custom, the
injury, in the manner in which that was then being delivered; and marriage between Yao Kee and Sy Kiat cannot be recognized in
that it is the universal practice to leave the horses in the manner this jurisdiction.
in which they were left at the time of the accident. This is the
custom in all cities. It has not been productive of accidents or Well-established in this jurisdiction is the principle that Philippine
injuries. The public, finding itself unprejudiced by such practice, courts cannot take judicial notice of foreign laws. They must be
has acquiesced for years without objection. Ought the public alleged and proved as any other fact. Accordingly, in the
now, through the courts, without prior objection or notice, to be absence of proof of the Chinese law on marriage, it should be
permitted to reverse the practice of decades and thereby make presumed that it is the same as ours.
culpable and guilty one who had every reason and assurance to
believe that he was acting under the sanction of the strongest of 15. GRACE J. GARCIA, a.k.a. GRACE J. GARCIA-RECIO,
all civil forces, the custom of a people? We think not. Judgment petitioner, vs. REDERICK A. RECIO, respondent.
reversed. G.R. No. 138322. October 2, 2001
14. YAO KEE vs SY-GONZALES TOPIC: Ignorance of Law excuses no one (Art. 3)
G.R. No. L-55960. November 24, 1988 ISSUE:
G.R. No. L-37048. March 7, 1933 ISSUE: WON a contract entered into by a US citizen, when he
was considered as an adult in his country (USA) yet a minor in
TOPIC: Nationality Principle the Philippines, at which time that he entered into the contract, is
valid and enforceable under the Philippine laws.
ISSUE: Whether or not any foreign divorce, relating to Filipino
citizens will be recognized in this jurisdiction, except it be for a RULING:
cause, and under conditions for which the courts of Philippine
Islands would grant a divorce. Mr. Frank being fully qualified to enter into a contract at
the place and time the contract was made, he cannot therefore
RULING: The entire conduct of the parties from the time of their plead infancy as a defense at the place where the contract is
separation until the case was submitted to this court, in which being enforced. Although Mr. Frank was still a minor under
they all prayed that the Reno divorce be ratified and confirmed, Philippine laws, he was nevertheless considered an adult under
30. WASSMER VS. VELEZ ISSUE: Whether or not the act of the Hotel is an embarrassing
G.R. No. L-20089 December 26, 1964 act within the purview of Article 19 of the new Civil Code.
TOPIC: BREACH OF PROMISE TO MARRY
ISSUE: WON BREACH OF PROMISE TO MARRY IS AN RULING: The Court ruled in the affirmative. The doctrine of
ACTIONABLE WRONG. volenti non fit injuria ("to which a person assents is not esteemed
in law as injury" ) refers to self-inflicted injury or to the consent to
RULING: No. Mere breach of promise to marry is not an injury which precludes the recovery of damages by one who has
actionable wrong. But to formally set a wedding and go through knowingly and voluntarily exposed himself to danger, even if he
all the preparation and publicity, only to walk out of it when the is not negligent in doing so. As formulated by petitioners,
matrimony is about to be solemnized, is quite different. This is however, this doctrine does not find application to the case at bar
palpably and unjustifiably contrary to good customs for which because even if respondent Reyes assumed the risk of being
defendant must be held answerable in damages in accordance asked to leave the party, petitioners, under Articles 19 and 21 of
with Article 21. The record reveals that on August 23, 1954 the New Civil Code, were still under obligation to treat him fairly
plaintiff and defendant applied for a license to contract marriage, in order not to expose him to unnecessary ridicule and shame.
which was subsequently issued. Their wedding was set for
September 4, 1954. Invitations were printed and distributed to 32. GASHEM SHOOKAT BAKSH, petitioner, vs. HON. COURT
relatives, friends and acquaintances. The bride-to-be's OF APPEALS and MARILOU T. GONZALES, respondents..
trousseau, party drsrses and other apparel for the important G.R. No. 97336 February 19, 1993
occasion were purchased. Dresses for the maid of honor and the TOPIC: Breach of Promise to Marry (Art. 19-21, NCC)
flower girl were prepared. A matrimonial bed, with accessories,
was bought. Bridal showers were given and gifts received . And
then, with but two days before the wedding, defendant, who was ISSUE: Whether or not damages may be recovered for a
then 28 years old,: simply left a note for plaintiff stating: "Will breach of promise to marry on the basis of Article 21 of the
Civil Code of the Philippines.
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who was allowed free access because he was a collateral
RULING: In the light of the above laudable purpose of Article 21, relative and was considered as a member of her family, the two
We are of the opinion, and so hold, that where a man's promise eventually fell in love with each other and conducted clandestine
to marry is in fact the proximate cause of the acceptance of his love affairs not only in Gasan but also in Boac where Lolita used
love by a woman and his representation to fulfill that promise to teach in a barrio school. When the rumors about their illicit
thereafter becomes the proximate cause of the giving of herself affairs reached the knowledge of her parents, defendant was
unto him in a sexual congress, proof that he had, in reality, no forbidden from going to their house and even from seeing Lolita.
intention of marrying her and that the promise was only a subtle Plaintiffs even filed deportation proceedings against defendant
scheme or deceptive device to entice or inveigle her to accept who is a Chinese national. Nevertheless, defendant continued
him and to obtain her consent to the sexual act, could justify the his love affairs with Lolita until she disappeared from the parental
award of damages pursuant to Article 21 not because of such home. Indeed, no other conclusion can be drawn from this chain
promise to marry but because of the fraud and deceit behind it of events than that defendant not only deliberately, but through a
and the willful injury to her honor and reputation which followed clever strategy, succeeded in winning the affection and love of
thereafter. It is essential, however, that such injury should have Lolita to the extent of having illicit relations with her. The wrong
been committed in a manner contrary to morals, good customs he has caused her and her family is indeed immeasurable
or public policy. considering the fact that he is a married man. Verily, he has
committed an injury to Lolita's family in a manner contrary to
morals, good customs and public policy as contemplated in
33. Cecilio Pe et al. vs. Alfonso Pe Article 21 of the new Civil Code.
G.R. No. L-17396; May 30, 1962
34. Spouses Quisumbing vs. MERALCO
TOPIC: Human Relations (Art. 19-21)
G.R. No. 142943. April 3, 2002.
TOPIC: Human Relations, Art 19-21
ISSUE:
whether or not defendant Alfonso Pe is liable to pay damages to
ISSUE: Whether or not MERALCO observed the requisites of
plaintiff under Article 21 of the New Civil Code
law when it disconnected the electrical supply of petitioners.
RULING:
RULING:
Yes. The circumstances under which defendant tried to win The Supreme Court ruled that the immediate disconnection of
Lolita's affection cannot lead, to any other conclusion than that it electrical service was not validly effected because of
was he who, thru an ingenious scheme or trickery, seduced the respondents noncompliance with the relevant provisions of RA
latter to the extent of making her fall in love with him. This is 7832, the Anti-Electricity and Electric Transmission
shown by the fact that defendant frequented the house of Lolita Lines/Materials Pilferage Act of 1994.The presence of
on the pretext that he wanted her to teach him how to pray the government agents who may authorize immediate
rosary. Because of the frequency of his visits to the latter's family disconnections go into the essence of due process. Indeed, we
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cannot allow respondent to act virtually as prosecutor and judge 1980, 100 SCRA 197; See also Gilchrist v. Cuddy 29 Phil, 542
in imposing the penalty of disconnection due to alleged meter (1915); The Board of Liquidators v. Kalaw, G.R. No. L-18805,
tampering. That would not sit well in a democratic country. After August 14, 1967, 20 SCRA 987]. This principle finds no
all, Meralco is a monopoly that derives its power from the application in this case. It bears repeating that even granting that
government. Clothing it with unilateral authority to disconnect petitioners might have had the right to dismiss Tobias from work,
would be equivalent to giving it a license to tyrannize its hapless the abusive manner in which that right was exercised amounted
customers. to a legal wrong for which petitioners must now be held liable.
Moreover, the damage incurred by Tobias was not only in
connection with the abusive manner in which he was dismissed
35. GLOBE MACKAY CABLE AND RADIO CORP., and but was also the result of several other quasi-delictual acts
HERBERT C. HENDRY, petitioners, vs. THE committed by petitioners.
HONORABLE COURT OF APPEALS and RESTITUTO M.
TOBIAS, respondents.
36. University of the East vs. Jader
G.R. No. 81262 August 25, 1989
G.R. No. 132344, Feb 7, 2000
TOPIC: Human Relations (Arts 19-21) TOPIC: Human Relations
ISSUE:
Whether the petitioner may move for suspension the arraignment 44. Spouses Yu vs. PCIB
proceedings on the ground that the civil case for judicial
G.R. No. 147902, 17 March 2006
nullification of his marriage with Lucia posed a prejudicial
question in the bigamy case filed against him. TOPIC: Article 36 of the Civil Code Provision on
Prejudicial Question
RULING:
ISSUE:
No marriage ceremony at all was performed by a duly authorized
solemnizing officer. Petitioner and Lucia Barrete merely signed a Whether or not the pendency of a prejudicial issue renders the
marriage contract on their own. The mere private act of signing a issues in Special Proceedings No. 99-00988-D as [sic] moot and
marriage contract bears no semblance to a valid marriage and academic.
thus, needs no judicial declaration of nullity. Such act alone,
without more, cannot be deemed to constitute an ostensibly valid RULING:
marriage for which petitioner might be held liable for bigamy
unless he first secures a judicial declaration of nullity before he The Supreme Court ruled in the negative. It said in a previous
contracts a subsequent marriage. The first element of bigamy as case a prejudicial question is one that arises in a case the
a crime requires that the accused must have been legally resolution of which is a logical antecedent of the issue involved
married. But in this case, legally speaking, the petitioner was therein, and the cognizance of which pertains to another tribunal.
never married to Lucia Barrete. Thus, there is no first marriage to It generally comes into play in a situation where a civil action and
speak of. Under the principle of retroactivity of a marriage being a criminal action are both pending and there exists in the former
declared void ab initio, the two were never married "from the an issue that must be preemptively resolved before the criminal
beginning." The contract of marriage is null; it bears no legal action may proceed, because howsoever the issue raised in the