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RESOLUTION ON MOTION FOR RECONSIDERATION

RESOLUTION ON MOTION FOR RECONSIDERATION

xxx | 1950-04-28

TUASON, J.:

This case is again before the court, this time on a motion for reconsideration.

In our decision we say: "As the Spanish Civil Code has been and still is `the basic code in force in the Philippines,' articles 17 et seq. thereof may be regarded as matters known to judges of the Philippines by reason of their judicial functions and may be judicially recognized by them without the introduction of proof." (Section 5, Rule 123.)

The court is supposed to know that the Civil Code is the Code of Spain, and this judicial knowledge embraces all its provisions, including those which have ceased to be in operation in the Philippines....