THE LAW

ARTICLE 21.  ANY PERSON WHO WILLFULLY CAUSES LOSS OR INJURY TO ANOTHER IN A MANNER THAT IS CONTRARY TO MORALS, GOOD CUSTOMS OR PUBLIC POLICY SHALL COMPENSATE THE LATTER FOR THE DAMAGE. This article was adopted with the intention to bring into the realm of law certain good Philippine customs, morals and traditions, especially those that concern family and personal relations.  Under this article are the following circumstances: 1.RECOVERY OF DAMAGES EVEN WITHOUT POSITIVE LAW. There is marked distinction between Articles 20 and 21 of the civil code, for while the recovery under the former is based on law, the latter IS NOT BASED on law. If the loss or injury was due to a wilful act or omission and the same is contrary to morals, public policy, or good customs, LIABILITY would still attach upon the VIOLATOR. CASE: SOLID BANK CORP. VS. MINDANAO FERROALLOY CORP. G.R. No. 153535 July 28, 2005 FACTS:  Private respondents herein secured a...

ARTICLE 9. NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT BY REASON OF THE SILENCE, OBSCURITY OR INSUFFICIENCY OF THE LAWS. (6)   Article 9 speaks of a basic principle. One of the most fundamental in the case of effect and application of law. If there is no law, how will you resolve a legal issue? In this particular article, a judge should not refrain from rendering a judgment just because there is no law that governs a particular case. He must give a decision, whether he knows what law to apply or not. Thus, even if he does not know the rules of cockfighting, he must still decide the case.  Go back to the question, how will you resolve an issue legally when there is no law at all? As a judge you are bound to resolve an issue legally. You must apply first the law as a basis in making a decision. Of course, you have to consider also some jurisprudence. Jurisprudence refers to the theory or philosophy of law.  In case of silence, obscurity or ins...

a writ or order by which a higher court reviews a decision of a lower court.