PERSONS AND

FAMILY RELATIONS
ATTY. MILA CATABAY LAUIGAN
 THE CIVIL CODE OF THE PHILIPPINES
PRELIMINARY TITLE
CHAPTER 1.EFFECT AND APPLICATION OF LAWS

• Art. 1. This Act shall be known as the "Civil Code of the

Philippines." (n)
• Basic Details
• RA No. 386: “An Act to Ordain and Institute the Civil Code of
the Philippines”
• Effectivity Date: August 30, 1950
• Art. 2. Laws shall take effect after 15 days following
the completion of their publication in the Official
Gazette, unless it is otherwise provided. This Code
shall take effect one year after such publication. (1a)
• General rule: those that are general in application &
more or less permanent must
• Executive Order (EO) 200
• Previously, only publication in the Official Gazette was necessary to
officially promulgate laws. This, however, caused problems, due to
the erratic release and limited readership of the Gazette. 2

• Amended by E.O. 200: Laws, to be effective, must be published

either in the Official Gazette or in a newspaper of general circulation
in the country
• o Issued on June 18, 1987 by President Corazon Aquino
• o Took effect immediately after publication in the Gazette
EFFECTIVITY OF LAWS

Requisites
o Publication in the Official Gazette or in a newspaper of
general circulation in the Philippines
o After expiration of the 15-day period (period can be
altered if the statute provides it)
o Publication must be in full
 COVERED IN THE RULE
• PDs and EO.s promulgated by the President in the exercise of legislative Powers
§Whenever the same are validly delegated by legislature OR directly conferred by the
Constitution
§Included are P.D.s that name a public place after a favored Individual or exempt him
from certain prohibitions or requirements
• Circulars issued by the Monetary Board that “fill in the details” of the CB Act
• Administrative rules and regulations, if their purpose is to enforce or implement existing
law pursuant to a valid delegation
• Charter of a city notwithstanding that it applies to only a portion of the national
territory and directly affects only the inhabitants of that place
• NOT covered in the rule

• Interpretative regulations and those merely internal in nature

§ Regulating only the personnel of the administrative agency and not
the public
• Letters of instruction issued by administrative superiors concerning rules and
guidelines to be followed by subordinates

• General rule: those that are general in application & more or less
permanent must be published
ART. 3. IGNORANCE OF THE LAW EXCUSES NO ONE FROM
COMPLIANCE THEREWITH.

• Reason
• Ignorantia legis non excusat
• Once a law is published, the public is given constructive notice of the law’s
existence & effectivity, whether or not they actually know what it says
• Applies only to mandatory & prohibitory laws
• o Mandatory – obligatory laws (e.g. prescriptive periods)
o Prohibitory – laws that specifically prohibit certain acts; those which have
liabilities & penalties
ART. 4. LAWS SHALL HAVE NO RETROACTIVE EFFECT, UNLESS THE
CONTRARY IS PROVIDED.
• Non-Retroactivity of Laws
• Laws shall be given only prospective application unless the law
expressly declares or necessarily implies the contrary
• In case of doubt, resolve against retroactivity
• Legislature has the power to pass retroactive laws, so long as these do
not impair obligations of contracts, or affect injuriously vested rights
 INSTANCES WITH RETROACTIVE APPLICATION
1. When the law expressly provides for its retroactivity. i.e. Art. 256 of the Family Code of the
Philippines states that the law shall have retroactive effect, so long as it does not prejudice or
impair vested or acquired rights in accordance with the Civil Code & other laws.
2.  When the law is curative or remedial.
• Curative – laws that cure defects or add means of enforcing existing obligations; laws can add
what legislature previously dispensed with previously, or actions which the law previously made
immaterial; more readily applied to legalizing laws
• Laws which regulate the registration of instruments affecting titles to land may be held to apply
to deeds dated before as well as after their enactment, as long as a reasonable time is given
within which the effect of the statute, as applied to existing conveyances, may be avoided &
rendered harmless with respect to vested rights.
• CASE (Development Bank of the Philippines v. Court of Appeals)
• Laws can have retroactive effect, especially when they are beneficial to those involved.

• Facts: DBP purchased some lots for its employees, pursuant to RA 85, though this was
not allowed under said statute. Later, Congress passed RA 3147, meant to amend RA 85
& also precisely to make the purchase valid. Some question the validity of passing said
later law for the validity of the acquisition.
Held: SC classified this as an instance of curative law, which are intended to help a
person carry out an act which he was intended to be able to do, but which has failed by
reason of some statutory disability or irregularity in their action. Congress obviously
intended to remedy the first law so that DBP could make the purchase.
• 3)  When the law is procedural.
• When a law deals with procedure only, prima facie, it applies to all actions—
those which have been accrued, are pending, or future actions
• Example: a law prescribing the form of pleadings will apply to all pleadings
filed after its enactment, although the action had already begun before that time
• SC jurisprudence does not apply retroactively
• It is within SC’s power to excuse failure to follow any of the Rules of Court in
order to prevent injustice
4)  When the law is penal in character & is favorable to the accused.
 4)  When the law is penal in character & is favorable to the accused.

• Art. 22 of RPC – Penal laws shall have retroactive effect when:

• They favor the guilty
• The guilty person is not a habitual criminal
• The final sentence has been pronounced
• The convict is serving his sentence
ART. 5. ACTS EXECUTED AGAINST THE PROVISIONS OF MANDATORY OR
PROHIBITORY LAWS SHALL BE VOID, EXCEPT WHEN THE LAW ITSELF
AUTHORIZES THEIR VALIDITY.

• Mandatory & Prohibitory laws

• • A mandatory provision of law – the omission of which renders the proceeding or acts
to which it relates to generally illegal or void (e.g. prescriptive periods are mandatory;
when one files a suit after the prescriptive period, the action becomes void)
• o Ex. A husband, in order to impugn the legitimacy of a child, must file a case within 1
year from the knowledge of the birth of the child or its recording in the civil registrar, if he
should live in the same municipality where the birth took place
• • Prohibitory laws – contain positive prohibitions & are couched in negative
terms, importing that the act shall not be done unless otherwise designated
• o Ex. “No decree of legal separation shall be based upon a stipulation of
facts or a confession of judgment.”
ART. 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. (4A)

Waiver
• Intentional relinquishment of a known right
• Not presumed; must be clearly & convincingly shown, either by express stipulation
or acts admitting no other reasonable explanation
• Requisites for a valid waiver:
• The right must exist at the time of the waiver;
• The person must know that the right exists;
• The person who makes the waiver must be aware of all the material facts &
consequences; &
• It must be exercised by a duly capacitated person actually possessing the right to
make the waiver
Prohibition against Waiver
• Where the object of a statute is to promote great public interests, liberty, & morals, it cannot
be defeated by any private stipulation
• Instances when waivers are not allowed:
• Tenants waiving their preferential right to purchase public land designated to them by law
• Waiver of the right to get the minimum wage salary
• Acceptance of benefits such as separation pay & leave benefits; this is not estoppel or a
waiver of the right of an employee to contest his illegal dismissal
• Signing of a disabled employee of a satisfaction receipt
• A private agreement between 2 spouses consenting to the commission of adultery &
concubinage is considered void
ART. 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 DECLARED A LAW TO BE INCONSISTENT WITH
THE CONSTITUTION, THE FORMER SHALL BE VOID & THE LATTER SHALL GOVERN.

ADMINISTRATIVE OR EXECUTIVE ACTS, ORDERS, & REGULATIONS SHALL BE VALID

ONLY WHEN THEY ARE NOT CONTRARY TO THE LAWS OR THE CONSTITUTION. (5A)
Repeal
• Legislative act of abrogating through a subsequent law the effects of a previous statute or
portions thereof
• Repeals are either implied or expressed
• Implied – when a new law contains provisions contrary to or inconsistent with those of a
former without expressly repealing them; not favored for reasons of:
• Vagueness
• Repeals are not presumed, unless law expressly provides it
• Express repeal – literally declared by a new law, either in specific terms, where
a specific law is named, or generally, where it says, “All laws inconsistent with
this will be repealed.”
• A general new law that states: “All written contracts will have a prescriptive period of
10 years” DOES NOT repeal an old special law that states: “Contract of sale has
prescriptive period of 5 years.”
• An old special law cannot be repealed by a new general law unless the new law expressly says so
• A law states: “All laws & parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.”
• This does not serve as an express repealing clause for the entire provision, but only those which are
substantially inconsistent with said law
Unconstitutional Statutes
• No ordinary statute can override a constitutional provision
• In deciding the constitutionality of a statute, every presumption favors its
validity; whenever possible, statutes should be given a meaning that is not in
conflict with the Constitution
• Constitutionality of a law is not affected by acts or omissions of law
enforcement agencies, & can depend upon factors other than those existing at
the time of its enactment
Partial Unconstitutionality of Statutes
• Statutes can be partially repealed
• BUT when the parts of a statute are so mutually dependent &
connected to warrant the belief that the legislative body intended for
the statute to be read as one whole, all parts that are conditional to
unconstitutional provisions of a statute are also unconstitutional
Rules & Regulations/Administrative & Executive Acts
• IRRs have the nature of a law
• Binding upon courts if the IRRs are within the scope granted by the
statutes passed by the legislature
• Must be in harmony with provisions of its law & must exist for the sole
purpose of carrying into effect its general provisions
• IRRs & executive acts violative of the law & the Constitution are
invalid
 ART. 8. JUDICIAL DECISIONS APPLYING OR
INTERPRETING THE LAWS OR THE CONSTITUTION
SHALL FORM A PART OF THE LEGAL SYSTEM OF THE
PHILIPPINES. (N)
Judicial Construction & Interpretation
• Courts have the principal function of not only resolving legal controversies, but also
interpreting vague provisions o law relative to a particular dispute
• Construction – the art or process of discovering or expounding the meaning & intention
of the authors of the law with respect to its application to a given case, where the
intention is rendered doubtful, among others, because the given case is not explicitly
provided for in the law
Effect of Judicial Decision
• Although they are not themselves laws, they assume the same authority as the statute
itself
• Until authoritatively abandoned, they necessarily become the criteria which controls not
only the actions of those called upon to abide by the law, but also those who must
enforce obedience thereto
• Legis interpretation legis vim obtinet – the interpretation placed upon the written law by
a competent court has the force of law
• Weight of judicial decisions of SC v. inferior courts
• SC decisions – authoritative & precedent-setting; judges must apply the law as interpreted by the SC
• CA & inferior courts – merely persuasive
When Judicial Decisions Deemed Part of the Law

• The application & interpretation of the SC is part of the law as of the date of the
law’s enactment
• BUT: When a doctrine of the SC is overruled & a different view is adopted, the
new doctrine will be applied prospectively, & will not be applied to parties who
relied on the old doctrine & acted on the faith thereof
CASE: PEOPLE V. JABINAL

Facts:
The accused was a secret confidential agent, authorized to possess
a firearm in 1964. In 2 previous cases, it was held that such a
position entailed that the person would not be criminally liable
despite not having a permit for possessing the firearm. In 1967,
however, the previous decision was reversed. This criminal
charge was then filed against the secret agent.
Held
The accused was acquitted. The 1967 decision should only be
prospectively applied, & should not prejudice persons who relied
on the overturned doctrines while the same were still controlling.
CASE: APIAG V. CANTERO

Facts
A judge entered into a 2nd marriage contract in 1986, without having his fir
st void marriage judicially declared a nullity. The judge had done this relying on
a previous SC doctrine, which said this was allowed. Subsequently, however,
the decision was reversed & it was held that a judicial declaration of nullity of
marriage would be necessary before a person could enter into a 2nd marriage.
An administrative case was filed against the judge for violating this new
doctrine.
Held
The judge was not liable. At the time of the 2nd marriage, the
prevailing jurisprudence was that a judicial declaration of nullity
was not needed in a void marriage.
ART. 9. NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT BY
REASON OF THE SILENCE, OBSCURITY OR INSUFFICIENCY OF THE LAWS. (6)

Duty of Judges
• Judges cannot evade performance of their responsibility because
of the apparent non-existence of a law in a particular dispute
• Where the conclusions of a judge in a decision are not without
logic or reason, he cannot be said to have been incompetent
CASE: IN RE: PADILLA

Facts:
The paraphernal property of the wife was demolished to give way for the
construction of another building. The erection of the new building benefited
the conjugal partnership of gains of the spouses. At the dissolution of the
conjugal partnership, the wife demanded reimbursement for the building
demolished. However, the law does not explicitly provide for such
reimbursement.
Held:
SC ruled in favor of reimbursement, holding that it would only be
just & fair to do so, even if the law was silent about this.
Judicial Legislation
• The judiciary is tasked with resolving legal controversies & interpreting
statutes; it cannot legislate
• But even a legislator, through Art. 9, recognizes that in some instances,
courts “do & must legislate” to fill in the gaps of the law
ART. 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. (N)
Doubtful Statutes
• Where the law is clear, it must be applied according to its unambiguous
provisions
• Construction & interpretation come only after it has been demonstrated
that application is impossible or inadequate without them
• But in the interpretation, there must be fidelity to the legislative
purpose
ART. 11. CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER
OR PUBLIC POLICY SHALL NOT BE COUNTENANCED. (N)
 ART. 12. A CUSTOM MUST BE PROVED AS A FACT,
ACCORDING TO THE RULES OF EVIDENCE. (N)
Customs
• A rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule,
legally binding & obligatory.
• Courts take no judicial notice of custom
• Instead, custom must be proven as fact with competent evidence.

• There is a difference between social custom & juridical custom

• Juridical custom – can supplement statutory law or can be applied in the absence of a statute
• Social custom – cannot be applied in the absence of a statute

• Proven customs still cannot prevail if they are contrary to law, public policy or public order
(including rules enunciated by SC)
ART. 13. WHEN THE LAWS SPEAK OF YEARS, MONTHS, DAYS OR
NIGHTS, IT SHALL BE UNDERSTOOD THAT YEARS ARE OF 365
DAYS EACH; MONTHS, OF 30 DAYS; DAYS, OF 24 HOURS; &
NIGHTS FROM SUNSET TO SUNRISE.

IF MONTHS ARE DESIGNATED BY THEIR NAME, THEY SHALL BE

COMPUTED BY THE NUMBER OF DAYS WHICH THEY
RESPECTIVELY HAVE. IN COMPUTING A PERIOD, THE FIRST DAY
SHALL BE EXCLUDED, & THE LAST DAY INCLUDED. (7A)
Computing the Legal Period
• The 1987 Administrative Code has impliedly repealed the Civil Code,
according to the case CIR v. Primetown Property Group. It is now
computed as follows –
• Calendar month – a month designated in the calendar without regard to the
number of days it may contain
• The period of time running from the beginning of a certain numbered day up to, but
not including, the corresponding numbered day of the next month, & if there is not a
sufficient number of days in the next month, then up to & including the last day of
that month
• Ex. One calendar month from Dec. 31, 2007 will be from Jan. 1, 2008 to Jan. 31,
2008
• Ex. One calendar month from Jan. 31, 2008 will be from Feb. 1, 2008 until Feb. 29,
2008.
Year
CASE: Garvida v. Sales – When a person wants to run for SK & the SK
provisions in LGC say that one should be not more than 21 years of age on
the day of the election, it means that the person cannot be 21 years + 1 day
old or more on the day of the election. If his birthday happens to be on the
day of the election, he can still run.
Counting Periods
• In counting a period, the first day shall be excluded, while the last day is
included
• Ex. If a law is to be effective on the 20th day from its publication, &
publication was made on Feb. 3, 1998, then the law will be effective on
Feb. 23, 1998
ART. 14. PENAL LAWS & THOSE OF PUBLIC SECURITY & SAFETY SHALL BE
OBLIGATORY UPON ALL WHO LIVE OR SOJOURN IN THE PHILIPPINE
TERRITORY, SUBJECT TO THE PRINCIPLES OF PUBLIC INTERNATIONAL LAW &
TO TREATY STIPULATIONS. (8A)
Obligatory Force of Penal Laws
• Both citizens & foreigners are bound by penal laws & other laws designed to maintain public
security & safety
• The law attaches even if the foreigner is just sojourning in Philippine territory
Exceptions
• When the foreigner is a diplomatic agent, his person shall be inviolable & he shall not be liable to
any form of arrest or detention (Vienna Convention on Diplomatic Relations)
• Diplomatic agent – head of the mission or a member of the diplomatic staff of the mission

• Heads of State officially visiting the Philippines

ART. 15. LAWS RELATING TO FAMILY RIGHTS & DUTIES, OR TO THE
STATUS, CONDITION, & LEGAL CAPACITY OF PERSONS ARE
BINDING UPON CITIZENS OF THE PHILIPPINES, EVEN THOUGH
LIVING ABROAD. (9A)
Nationality Rule
• Regardless of where a Philippine citizen may be, he will be governed by
Philippine laws with respect to –
• Family rights & duties
• Status
• Condition
• Legal capacity of persons
• Ex. If a Filipino initiates a petition abroad to obtain an absolute divorce
from his wife (whether Filipino or foreigner) & successfully gets a
divorce, the Philippines will not recognize the divorce, since under
Philippine law, the only absolute divorce recognized is that procured by
the alien spouse of a Philippine citizen.
• In the eyes of Philippine law, the Filipino that gets the divorce abroad is still married.
If he remarries, he is still criminally liable for concubinage (or adultery, if a woman)
ART. 16. REAL PROPERTY AS WELL AS PERSONAL PROPERTY IS
SUBJECT TO THE LAW OF THE COUNTRY WHERE IT IS SITUATED.

HOWEVER, INTESTATE & TESTAMENTARY SUCCESSIONS, BOTH

WITH RESPECT TO THE ORDER OF SUCCESSION & TO THE
AMOUNT OF SUCCESSIONAL RIGHTS & TO THE INTRINSIC
VALIDITY OF TESTAMENTARY PROVISIONS, SHALL BE
REGULATED BY THE NATIONAL LAW OF THE PERSON WHOSE
SUCCESSION IS UNDER CONSIDERATION, WHATEVER MAY BE
THE NATURE OF THE PROPERTY & REGARDLESS OF THE
COUNTRY WHEREIN SAID PROPERTY MAY BE FOUND. (10A)
Law Governing Real Properties
• General rule: The law of the country where the real property is situated governs the law over
such real property
• Exception: Intestate & testamentary succession, in which shall be regulated by the national
law of the deceased regardless of the nature of the property; in particular, this rule applies to –
• The order of succession
• The amount of successional rights
• The intrinsic validity of the provisions of the will
• Capacity to succeed (Art. 1039, CC)
CASE: MICIANO V. BRIMO

Facts:
A Turkish citizen wrote out a last will providing that his property should be
disposed of pursuant to Philippine laws.

Held:
The provision is illegal & void. Pursuant to Art. 16, the national law of the
deceased should govern – hence, Turkish laws should apply.
CASE: BELLIS V. BELLIS

Facts:
 A foreigner executed two wills – one in Texas, & another in the
Philippines, with the latter disposing his Philippine properties. At the time
of his death, he was both a national of the U.S. & domiciled in the U.S. It
was argued that the foreigner intended that Philippine law would govern
the disposition of his properties in the Philippines, particularly with
respect to legitimes. (force heirs)
Held:
Philippine law cannot govern the disposition of the Philippine
properties of the deceased, particularly with respect to legitimes.
The law in the country of the deceased’s nationality must govern
in this regard
ART. 17. THE FORMS & SOLEMNITIES OF CONTRACTS, WILLS, &
OTHER PUBLIC INSTRUMENTS SHALL BE GOVERNED BY THE
LAWS OF THE COUNTRY IN WHICH THEY ARE EXECUTED.

WHEN THE ACTS REFERRED TO ARE EXECUTED BEFORE THE

DIPLOMATIC OR CONSULAR OFFICIALS OF THE REPUBLIC OF
THE PHILIPPINES IN A FOREIGN COUNTRY, THE SOLEMNITIES
ESTABLISHED BY PHILIPPINE LAWS SHALL BE OBSERVED IN
THEIR EXECUTION.
PROHIBITIVE LAWS CONCERNING PERSONS, THEIR ACTS OR
PROPERTY, & THOSE WHICH HAVE FOR THEIR OBJECT PUBLIC
ORDER, PUBLIC POLICY, & GOOD CUSTOMS SHALL NOT BE
RENDERED INEFFECTIVE BY LAWS OR JUDGMENTS
PROMULGATED, OR BY DETERMINATIONS OR CONVENTIONS
AGREED UPON IN A FOREIGN COUNTRY. (11A)
Extrinsic Validity
• Forms & solemnities of public instruments, wills, & contracts are
governed by the laws of the country where they are executed
• Ex. If in Japan, for a holographic will to be valid, the date need not be in
the handwriting of the testator, that will is valid in the Philippines even if
under Philippine law, all contents of a holographic will, including the date,
must be in the testator’s handwriting
Acts Before Diplomatic & Consular Officials
• Any act or contract made in a foreign country before Philippine diplomatic &
consular officials must conform to the solemnities under Philippine law
• Under international law, the host country waives its jurisdiction over the premises of the
diplomatic office of another country located in the said host country
• THUS: The issuance of the marriage license, the duties of the local civil
register, & the duties of the solemnizing officer as regards celebrating
marriage shall be performed by a consul-general, consul, or vice-consul
abroad
Prohibitive Laws
• Ex. Considering that the only ways to terminate a marriage in the
Philippines are through the grounds exclusively enumerated in the
Family Code, any Filipino who procures an absolute divorce abroad
remains, in Philippine law, married
CASE: TENCHAVEZ V. ESCAÑO

Facts:
A Filipina wife obtained a divorce abroad & later remarried an American.
The Filipino husband then filed a legal separation case against the Filipina
wife for technically committing adultery against him.
Held:
The Filipino husband’s case prospered, given that absolute divorce is not
recognized in the Philippines.
ART. 18. IN MATTERS WHICH ARE GOVERNED BY THE CODE OF
COMMERCE & SPECIAL LAWS, THEIR DEFICIENCY SHALL BE
SUPPLIED BY THE PROVISIONS OF THIS CODE. (16A)

Suppletory Nature
• Deficiencies in the Code of Commerce & special laws are
supplied by the Civil Code
 CASE: INSULAR V. SUN LIFE

The rules on contracts under the Civil Code apply when there is no applicable
provision in the Insurance Act.
Facts:
The Insurance Act is silent on when a contract of life annuity is perfected. The
Civil Code’s provisions on the perfection of contracts, however, that offer &
acceptance must concur in a perfected contract. The Civil Code further states that
there is only an acceptance from the date such acceptance comes to the
knowledge of the offerer.
Held:
SC applied the provisions on the perfection of contracts in the
Civil Code to supplement the deficiencies in the Insurance Act, &
thus held that there was no perfection of the insurance contract
because there was failure to show that the acceptance of the offer
came to the knowledge of the offerer.
CASE: ANG V. AMERICAN STEAMSHIP
AGENCIES, INC.

Facts:
Under the Carriage of Goods by Sea Act (COGSA), the word
“loss” was not explained.
Held:
SC interpreted the word “loss” as understood under the Civil
Code, relying on Art. 18.
Held:
Art. 1155 cannot be applied in this case; ruling that extrajudicial demand can toll the
prescriptive period in this case would have the effect of extending the 1-year prescription
period fixed by the COGSA. This would permit delays in the settlement of questions affecting
transportation, contrary to the clear intent & purpose of the COGSA.
• BUT: For suits not predicated upon loss or damage, but on alleged misdelivery or
conversion of the goods, the applicable rule of prescription is that in the Civil Code – 10
years for written contracts, & 4 years for quasi-delicts, & not the rule on prescription in the
COGSA.
CASE: DOLE PHILIPPINES V. MARITIME CO.

Not all deficiencies in the COGSA may be supplemented by the Civil Code.
Facts:
Dole Philippines contended that the 1-year prescriptive period for making a
claim for loss under the COGSA was tolled by the making of an extrajudicial
demand, as provided under Art. 1155 of the Civil Code. It argued that Art. 18
gives Art. 1155 a suppletory effect.