persons midterms reviewer

Tin

a R

ey

es

C2

01

3C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. KATRINA LEGARDA | 1

PERSONS: Midterms Reviewer

NCC1-18RAC 18-24:Chapter 5OPERATION AND EFFECT OF LAWS Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided.

Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided.

Sec. 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be consulted.

Sec. 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless expressly so provided.

Sec. 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise.

Sec. 23. Ignorance of the Law. - Ignorance

of the law excuses no one from compliance therewith. Chapter 6OFFICIAL GAZETTE Sec. 24. Contents. - There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient importance to be so published; such documents or classes of documents as may be required so to be published by law; and such documents or classes of documents as the President shall determine from time to time to have general application or which he may authorize so to be published.

The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority.

NCC2/RAC18Effectivity of NCC August 30, 1950

Cases:1. Pesigan v Angeles

a. Executive orders2. Tañada v Tuvera

a. A6 §6 1973 Constitution – matter of public concern

b. Presidential Decrees3. Fariñas v Executive Secretary

a. Defective effectivity clause although does not make entire law invalid

b. Tañada v Tuvera: “unless it is otherwise provided” refers to the date of effectivity and not the requirement of publication itself, which cannot in any event be omitted.

c. Laws which amends old laws4. MRCA v CA

a. Manchesterb. Sun Insurancec. Supreme Court Rulings

5. National Electrification Administration v Gonzagaa. Not in OG or newspaper of general

circulationb. Electric Coop Election Codec. Of general interest because everyone

consumes electricity6. Garcilliano v House of Representatives

a. Xxx

NCC3: Ignorance of the law excuses no one from compliance therewith.

- Dictated by necessity- Actual ignorance of the law would

thus afford immunityMistake of Fact:

Ignorantia facti may excuse the party from the legal consequences of his conduct; but not ignorance of the law for ignorantia juris neminem excusat.

Cases:1. Kasilag v Rodrigo

a. Antichresis, done in good faith2. Elegado v CTA

Tin

a R

ey

es

C2

01


a. Foreigners cannot be any less bound by our laws in our own country

b. Elegado was a Filipino lawyer representing the foreign company – shows ignorance of the law.

3. Manzano v Sanchez a. A judge ought to know that a subsisting

previous marriage is a diriment impediment, which would make the subsequent marriage null and void

NCC4: Laws shall have no retroactive effect, unless the contrary is provided.

RPC22: Penal laws shall have retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal…, although at the time of publication of such laws a final sentence has been pronounced and the convict is serving the same.

FC256: This code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the CC and other laws.

Exceptions to Rule:A.When the law itself so expressly providesB. In case of remedial statutesC. In case of curative statuesD.In case of laws interpreting othersE. In case of laws creating new rights

Cases:1. Frivaldo v COMELEC

a. The repatriation or Frivaldo retroacted to the date of the filing of his application on August 17, 1994.

2. Gregorio v CA a. Retroactive effect of procedural law;

General Rule: exceptionb. The retroactive effect of a procedural law

is not violative of any right of a party who may feel that he is adversely affected.

3. Aruego Jr. v CA a. An action for compulsory recognition and

enforcement of successional rights which was filed prior to the advent of the FC must be governed by A285 of the CC and not by A175(2) of the FC.

b. Its application will prejudice the vested rights of private respondent to have her case decided under A285 of the CC.

4. Cang v CA a. A256 of the FC provides for its

retroactivity insofar as it does not prejudice or impair vested or actual rights in accordance to the CC and other laws.

b. FC August 3, 1988: A188; consent of adoption: (1) person to be adopted (if 10 ≥); (2) parents by nature; …

5. Francisco v CA a. NCC158 and 160 have been repealed by

the FC254 (not 253) which took effect on August 3, 1988. Nonetheless, the SC cannot invoke the new law in this case without impairing the rights pursuant to FC256 in relation to FC105(2).

NCC5: Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. NCC17(3)

NCC6: 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.

Elements of Right:1. Subjects

a. Active – entitled to demand the enforcement of the right

b. Passive – duty-bound to suffer its enforcementi. Determinate person – personal

rightsii. Indeterminate person – real

rights2. Object – things or services to satisfy

human wants, physical or spiritual.3. Efficient Cause – the fact that gives rise

to the legal relation

Kinds of Rights:1. Political – participation of persons in the

government of the State2. Civil – all others

a. The rights of personality – human rights, arise from the fact of being a man. (right to damages)

b. Family rights – rights of a person as a member of a family

c. Patrimonial rights – these have property for their object; economic satisfaction of men (damages itself)

i. Real rights – ownership, mortgage, etc.

ii. Personal rights – right to collect debt

Renunciation of Waiver:

Tin

a R

ey

es

C2

01


1. The right, benefit or advantage must exist at the time of the waiver

2. Knowledge of such existence3. Intention to relinquish it4. Voluntary choice

Requirements of Waiver:1. He must actually have the right which he

renounces.2. He must have the capacity to make the

renunciation.3. The renunciation must be made in a clear

and unequivocal manner.

Cases:1. PEFTOK v NLRC

a. Quitclaims were prepared and readied by PEFTOK and employees were forced to sign the same for fear that they would not be given their salary on pay day, and worse, their services would be terminated if they did not sign the said quitclaims under controversy.

b. NO VOLUNTARINESS2. Valderama v Macalde

a. The contention of the petitioners that the respondents had waived their right of first refusal is not supported by evidence. (requirements of waiver)

3. DM Consunji v CA a. The claims for damages sustained by

workers in the course of their employment could be filed only under the Workmen´s Compensation Law, to the exclusion of all further claims under other laws. The CA held that the case at bar came under exception because private respondent was unaware of petitioner´s

negligence when she filed her claim for death benefits from the State Insurance Fund.

NCC7: Laws are repealed only by subsequent ones, and their violations and non-observance shall not be excused by dis-use, or custom or practice to the contrary.When the court declares a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

Kinds of Repeal:1. Express or declared repeal - contained

in a special provision of a subsequent law

2. Implied or tactic repeal – takes place when the provisions of the subsequent law are incompatible or inconsistent with those of an earlier law

1987 ConstitutionARTICLE VIIIJudicial Department

SECTION 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.

Rarely implied repeal There has to be LEGISLATIVE INTENT to

repeal

REPEAL BU IMPLICATION not favored Only a law can repeal a law JURIS PRUDENCE – judicial decision SC decisions are interpretations to fill in

legislations deficiencies and provide a rule of a given case

Cases:1. Mecano v COA

a. NO implied repeal. Two categories of implied repel:i. where provisions in the two acts on

the same subject matter are in an irreconcilable conflict, the later act to the extent of the conflict constitutes an implied repeal.

ii. if the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate to repeal the earlier law. Both are not applicable to the RAC and the Administrative Code of 1987.

2. Solangon v Salazar a. Rationale of CA: Upon the repeal of the

Usury Law by Central Bank Circular No. 905 on 22 December 1982, there is no more interest ceiling or maximum rate of interest, and the rate will just depend on the mutual agreement of the parties.

b. Interest at 6% per month, or 72% per annum is iniquitous or unconscionable, and hence, contrary to morals (‘contra bonos mores’), if not against the law.

c. It is more consonant with justice that the said interest rate be reduced equitably.

d. An interest of 12% per annum is deemed fair and reasonable.

Tin

a R

ey

es

C2

01


e. The appealed decision of the Court of Appeals is AFFIRMED subject to the MODIFICATION that the interest rate of 72% per annum is ordered reduced to 12 % per annum

3. Thornton v Thornton a. SC holds that the Family Code Act of 1997

did not empower the family courts to exclusively issue writs of habeas corpus and it did not revoke the capacity of SC and CA to issue writs of habeas corpus. In relation to the word “exclusive”, although it is assumed that the language of the laws should follow common understanding, the spirit of the law and intention of the lawmakers come first than legal technicalities.

b. The petition may likewise be filed with the Supreme Court, Court of Appeals, or with any of its members and, if so granted, the writ shall be enforceable anywhere in the Philippines.

NCC8: Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.

Doctrine of Stare Decisis – the decision of the SC becomes a judicial precedent to be followed in subsequent cases by all courts in the land.

- Interpretation placed upon the written law by a competent court has the force of LAW.

- Forms a LAW of the land

Cases:

1. De Roy v CA a. Non-publication of the Habaluyas decision

in the OGb. There is no law requiring the the

publication of SC decisions in the OG before they can be binding

c. Duty of lawyer in active la practice to keep abreast of SC decisions particularly where issuances have been clarified, consistently reiterated, and published in the advanced reports of GRs and in such publications as the SCRA and law journals.

2. Pesca v Pesca a. The interpretation placed upon the

written law by a competent court has the force of law (legis interpretado legis vim obtinet)

b. The intendment of the law has been to confine the meaning of ‘psychological incapacity’ to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. – citing the Canon Law

NCC9: No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

RPC5: Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. - Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which

induce the court to believe that said act should be made the subject of penal legislation. In the same way the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense

If the law is clear, it must be applied: dura lex sed lex

In applying the law, the court should discover and give effect to its spirit. The spirit of the law may be found in the precedents which served as its basis as well as in the history of its formation.

Customs – may be defined as the juridical rule which results from a constant and continued uniform practice by the members of a social community, with respect to a particular state of facts, and observed with a conviction that it is juridically obligatory.

Requisites of Custom:(for custom to have the for of suppletory rule)1. Plurality of acts, or various resolutions of a

juridical question raised repeatedly in life;2. Uniformity, or identity of the acts or various

solutions to the juridical question;3. General practice by the great mass of the

social group;4. Continued performance of these acts for a

long period of time;

Tin

a R

ey

es

C2

01


5. General conviction (by the community) that the practice corresponds to a juridical necessity or that it is obligatory;

6. The practice must not be contrary to law. Morals or public order

Custom v Law1. Origin

a. Custom – society; spontaneousb. Law – governmental power of the State;

conscious creation2. Form

a. Custom – tacit; not writtenb. Law – express, written law

NCC10: In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

NCC11: Customs which are contrary to law, public order or public policy shall not be countenanced.

NCC 12: A custom must be proved as a fact, according to the rules of evidence.

1987 ConstitutionARTICLE XIINational Economy and Patrimony

SECTION 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.

ROC129 (2),(3):What Need Not Be Proved

Sec. 2.Judicial notice, when discretionary. — A court may take judicial notice of matters which are of public knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their judicial functions. (1a) Sec. 3.Judicial notice, when hearing necessary. — During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon. After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case. (n)

Cases:1. Martinez v Van Buskirk

a. Acts, the performance of which has not proven destructive or injurious and which have been generally acquiesced in by society for so long a time has to have ripened into a custom, cannot be held to be unreasonable or imprudent and that, under the circumstances, the driver was not guilty of negligence in so leaving his

team while assisting in unloading his wagon.

2. Alonzo v Padua a. The petition before us appears to be an

illustration of the Holmes dictum that "hard cases make bad laws" as the petitioners obviously cannot argue against the fact that there was really no written notice given by the vendors to their co-heirs. Strictly applied and interpreted, Article 1088 can lead to only one conclusion to wit, that in view of such deficiency, the 30 day period for redemption had not begun to run, much less expired in 1977.

NCC13: When the law speaks of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each, months of thirty days; days of twenty-four hours; and 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, and last day included.

No leap years No weeks

ROC22: Section 1. How to compute time. In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. If the last day of the period, as thus computed, falls

Tin

a R

ey

es

C2

01


on a Saturday, a Sunday, or a legal holiday in the place where the court sits, the time shall not run until the next working day.

RAC §31: Legal Periods. - "Year" shall be understood to be twelve calendar months; "month" of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; "day," to a day of twenty-four hours; and "night," from sunset to sunrise.

(ROC22: not applicable to contracts

Cases:1. Armigos v CA

a. NCC13 (last paragraph) is similar, but not identical, to §4 of the Code of Civil Procedure which provided that “unless otherwise specially provided, the time within which an act is required by law to be done shall be computed by excluding the first day and including the last; and if the last be Sunday or a legal holiday, it shall be excluded.”

2. Namarco v Tecson a. Years defined as 365 days, months are of

30 days not the “natural” or “solar” months unless they are designated by name. (Spanish Code)

b. Change in legislation should be done by the congress re: NCC13

3. Go It Bun v Dizon a. §23 of the Interim Rules and Guidelines

promulgated by this Court to implement BP129 clearly states: “Perfection of Appeal – in cases where appeal is taken, the

perfection of the appeal shall be upon the expiration of the last day to appeal by any party.”

4. Quiqui v Boncaros a. Their Motion for Reconsideration,

although dated August 16, 1979, was filed with the trial court on August 17, 1979 or one day beyond the 30-day reglementary period prescribed by Section 3 of Rule 41.

b. SEC. 3. How appeal is taken. — Appeal may be taken by serving upon the adverse party and filing with the trial court within thirty (30) days from notice of order or judgment, a notice of appeal, an appeal bond, and a record on appeal. The time during which a motion to set aside the judgment or order or for a new trial has been pending shall be deducted, unless such motion fails to satisfy the requirements of Rule 37.

NCC14: applies to allNCC15: Filipinos only. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

FC26(2): where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him/her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (EO 227)

Cases:1. Barretto Gonzales v Gonzales

a. Matrimonial residence of the couple has always been the Philippines (both Filipinos), the residence acquired in the State of Nevada by the husband for the purpose of securing a divorce was not a bona fide residence and did not confere jurisdiction upon the court of the State to dissolve the bonds of matrimony in which he had entered in 1919.

2. Tenchavez v Escaño a. A foreign divorce between Filipino

citizens, sought and decreed after the effectivity of the NCC (RA386), is not entitled to recognition as valid in the Philippines; and neither is the marriage contracted with another party by the divorced consort, subsequently to the foreign decree of divorce, entitled to validity in this country.

3. Board of Commission (CID) v Dela Rosa a. There being no proof of Chinese law

relating to marriage, there rises a presumption that it is the same as that of Philippine law..Santiago (grandfather) was not pressed by the CID to prove the laws of China relating to marriage, having been content with his testimony that the Marriage Certificate was lost or destroyed during the Japanese occupation of China.

NCC17: The forms and solemnities of contracts, will, and 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 RP in a foreign country, the solemnities

Tin

a R

ey

es

C2

01


established be Philippine laws shall be observed in their execution.Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.

Case:German v Donaldson

Held that a power of attorney executed in Germany, should be tested as to its formal validity by the laws of that country and not by the provisions of the CC.

Government v Frank – contract was entered into in Illinois by a minor in the Philippines but had the capacity in Illinois.

NCC19: Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

To grant indemnity for damages in cases where there is abuse of rights, even when the act is not illicit.(READ TOLENTINO)

NCC20: Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

NCC21: 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.

NCC22: Every person who through an act or performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

Cases:1. People v Ritter

a. Moral and exemplary damages are awarded to the victim’s heirs despite acquittal of accused on grounds of reasonable doubt. Furthermore, it does not necessarily follow that the appellant is also free from civil liability which is impliedly instituted with the criminal action.

b. Doctrin (Urbano v IAC) a person while not criminally liable, may still be civilly liable.

2. De Tavera v Philippine Tuberculosis Society, Inc.a. The provisions of the NCC oh Human

Relations are merely guides for human conduct in the absence of specific legal provisions and definite contractual stipulations. The Code of By-laws of the Society contains specific provisions governing the term of office of petitioner.

3. Llorente v Sandiganbayan a. Made to pay damages under A19

4. Carpio v Valmonte a. To find the existence of a abuse of right,

the following elements must be present:i. There is a legal right or duty;

ii. Which is exercised in bad faith;

iii. For the sole intent of prejudicing or injuring another.

b. A person should be protected only when he acts in the legitimate exercise of his right, that is when he acts with prudence and good faith, but not when he acts with negligence or abuse.

5. Nikko Hotel Manila Garden v Reyes (Amay Bisaya)a. Elsewhere, we explained that when "a

right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the wrongdoer must be responsible. The object of this article, therefore, is to set certain standards which must be observed not only in the exercise of one’s rights but also in the performance of one’s duties. These standards are the following: act with justice, give everyone his due and observe honesty and good faith. Its antithesis, necessarily, is any act evincing bad faith or intent to injure. Its elements are the following: (1) There is a legal right or duty; (2) which is exercised in bad faith; (3) for the sole intent of prejudicing or injuring another. When Article 19 is violated, an action for damages is proper under Articles 20 or 21 of the Civil Code.

NCC37: juridical capacity, which is the fitness to be the subject or legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Tin

a R

ey

es

C2

01


Kinds of Capacity;(Juridical capacity can exist without capacity to act)

Juridical Capacityo Legal capacityo Personalityo Aptitude for the holding and enjoyment

of rightso Fitness of man to be the subject of legal

relations Capacity to Acto Aptitude for the exercise of rightso Referred merely as capacityo The ability, poser, qualification, or

competency or persons, natural or artificial, for the performance of civil acts depending on their state or condition (status) as defined or fixed by law

o Power to do acts with legal effect

NCC38: Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction are mere restrictions on capacity

NCC38 – restrictions on capacity to act but does not render it void

Minority is now 18 years old (RA6809); a person below such age is a minor, and has a limited capacity to act. The unemancipated minor cannot enter into contracts (NCC1327 par1); gut he may be estopped from disavowing his contract if he has misled the other party as to his age.

NCC39: The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alien-age, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the ROC, and in special laws. Capacity to act is not limited on account of religions belief or political opinion.A married woman, 21 years of age (now read as 18 because RA6809 reduced age of majority to 18 years) or over, is qualified for all acts of civil life, except in cases specified by law.

NCC40: Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the condition specified in the following article.

Birth – removal of the fetus from the mother’s womb; may be natural or artificial.

Fetus is not a person, because of the expectancy that it may be born, the .aw protects it and reserved its rights, making its legal existence, if it should be born alive, retroact to the moment of its conception.

Personality of Conceived child: (1)limited, only for purposes favorable to the child; (2) provisional or conditional, depends on the child being born alive later, such that if it is not born alive, its personality disappears as if it had never existed.

NCC41: For civil purposes, the fetus is considered born if it is alive from the time it is

completely delivered from the mother’s womb. However if the fetus had an intra-uterine life of less than seven months, it is not deemed born if he dies within 24 hours after its complete delivery from the maternal womb.

Separation from mother – produced by the cutting of the umbilical cord, whether naturally or through surgical operation

It is enough that the child lives even for an instant

Premature Birth – the Code requires the child should live at least 24 hours after complete separation from the mother’s womb.

(1987)Constitution, A2, S12:Right of the mother and right of the unborn child from conception

(1975)PD 605: Child and Youth Welfare CodeA5: unborn child has rights

RPC – 1932NCC – 1950FC – 1958

Cases:1. Roe v Wade

a. 3-6 months (trimesters); stages of birth is equal to a child’s PERSONALITY

b. In the US, a fetus is not a person, as compared to the Philippines

2. Geluz v CA (changed by A2S12 of the Consti) a. Dead child has no rightb. Against the 1987 Constitution and PD603c. Legal capacity e.g. inheritance

Tin

a R

ey

es

C2

01


d. LIFE at BIRTH: absolute precedent of rights3. Quimiging v Icao

a. There was no mention of how old the unborn child was

b. Rights of the fetus were recognized because of NCC40

c. Legal Ralations – Personality – Legal Capacity

4. De Jesus v Syquia a. An unborn child can get support and be

recognizedb. Plaintiff begot a child with the defendant,

the latter wrote letters to a priest recognizing the child as his, before the child was born, asking the priest to baptize the child after it was born; it was held that those letters could be the basis of an action for the compulsory acknowledgment of the child by the defendant after its birth.

NCC42: Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

This article refers to natural or physical death, because this is the only kind of death recognized by the present legislation; does not apply to “civil death”

Upon the death of a person, the subject of legal relations disappear

Cases:1. Limjoco v Intestate Estate of pio fragante

a. Estate continues personalityb. The state or the mass of property, rights

and assts left by the decedent, instead of

the heirs directly, become vested and charged with his rights and obligations which survive after his demise. Under the present legal system, rights and obligations which survive after death have to be exercised and fulfilled only by the estate of the deceased.

2. Dumlao v Quality Plastics a. Service of summons on a dead person is

void. He had no more civil personality. His juridical capacity, which is the fitness to be the subject of legal relations, was lost through death.

3. Eugenio Sr. v Velez a. A man and woman not legally married

who cohabit for many years as husband and wife, who represent themselves to the public as husband and wife, and who are reputed to be husband and wife in the community where they live may be considered legally “married” in common law jurisdictions but not in the Philippines.

b. Right to bury a dead person does not include a common law husband who is still married.

4. Marcos v Manglapus a. Death of Mr. Marcos has not changed the

factual scenario under which the Court’s decision was rendered

b. The threats to the government, to which the return of the Marcoses has been viewed to provide a catalytic effect, have not been shown to have ceased.

Provisional PersonalityA.Capacity to be part of legal relations – when

you are bornB.Capacity to act

a. Does not make an act void (because of limitations)

b. Capacity to do acts with legal effectsc. Types:i. Voidable Act

ii. Unenforceable act1. Incapacitated parties2. Both parties are incapable of giving

consentiii. Void act

1. NCC1409DEATH:

Summons not served prior to death have no effect

Even after death you can still pose a “threat” to the country

Everybody dies of cardio respiratory failure

JURIDICAL PERSON dies when it terminates its existenceo Human beingso Provisional (baby in womb)o Quasi (property)

NCC43: If there is doubt, as between two or more persons who are called to succeed each other, as to which of the died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shell be no transmission of rights from one to other.

Applies only when the question of survivorship involves persons “who are called to succeed each other.”

ROC131 S3 (jj – kk):

Tin

a R

ey

es

C2

01


(jj)That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules:

1.If both were under the age of fifteen years, the older is deemed to have survived; 2.If both were above the age sixty, the younger is deemed to have survived; 3.If one is under fifteen and the other above sixty, the former is deemed to have survived; 4.If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older; 5.If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived.

(kk)That if there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they shall be considered to have died at the same time. (5a)

Case:1. Joaquin v Navarro

a. Jr. died before motherb. The evidence of survivorship need not be

direct, it may be indirect, circumstantial or inferential. Where there are facts, known

or knowable, from which a rational conclusion can be made, the presumption does not step in, and the rules of preponderance of evidence controls.

NCC44: The following are juridical persons:(1) The State and its political subdivisions;(2) Other corporations, institutions, and entities for public interest or purpose, creates by law; their personality begins as soon as they have been constituted according to law;(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each share holder, partner or member.

NCC45: The juridical person mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them.Private corporations are governed by laws of general application on the subject.Partnerships are associations for private interest or purpose are governed by the provisions of this Code concerning partnerships.

Corporations Code (BP68):Sec. 2. Corporation defined. - A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.

Sec. 4. Corporations created by special laws or charters. - Corporations created by special

laws or charters shall be governed primarily by the provisions of the special law or charter creating them or applicable to them, supplemented by the provisions of this Code, insofar as they are applicable.

Sec. 17. Grounds when articles of incorporation or amendment may be rejected or disapproved. - The Securities and Exchange Commission may reject the articles of incorporation or disapprove any amendment thereto if the same is not in compliance with the requirements of this Code: Provided, That the Commission shall give the incorporators a reasonable time within which to correct or modify the objectionable portions of the articles or amendment. The following are grounds for such rejection or disapproval:

1. That the articles of incorporation or any amendment thereto is not substantially in accordance with the form prescribed herein; 2. That the purpose or purposes of the corporation are patently unconstitutional, illegal, immoral, or contrary to government rules and regulations; 3. That the Treasurer's Affidavit concerning the amount of capital stock subscribed and/or paid if false; 4. That the percentage of ownership of the capital stock to be owned by citizens of the Philippines has not been complied with as required by existing laws or the Constitution.No articles of incorporation or amendment to articles of incorporation of banks, banking and quasi-banking institutions, building and loan associations, trust companies and other financial intermediaries, insurance companies, public utilities, educational

Tin

a R

ey

es

C2

01


institutions, and other corporations governed by special laws shall be accepted or approved by the Commission unless accompanied by a favorable recommendation of the appropriate government agency to the effect that such articles or amendment is in accordance with law.

NCC1767-1768:Art. 1767. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. Two or more persons may also form a partnership for the exercise of a profession. (1665a)

Art. 1768. The partnership has a judicial personality separate and distinct from that of each of the partners, even in case of failure to comply with the requirements of Article 1772, first paragraph. (n)

NCC46: Juridical persons may acquire and posses property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.

NCC47: Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the property and

other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same.

Cases:1. Barlin v Ramirez

a. The Roman catholic Church is a juridical person in the Philippine Islands

b. Prior to the cession of the Philippines to the US, the King of Spain was not the owner of the consecrated churches therein and had no right to the possession thereof. The exclusive right to such possession was in the Roman Catholic Church and such right has continued since such cession and now exists.

2. Camid v Office of the President a. It has been opined that municipal

corporations may exist by prescription where it is shown that the community has claimed and exercised corporate functions, with the knowledge and acquiescence of the legislature, and without interruption or objection for period long enough to afford title by prescription.

3. Catalan v Basa a. A person suffering from schizophrenia

does not necessarily lose his competence to intelligently dispose his property

b. In order for donation of property to be valid, what is crucial is the donor’s capacity to give consent at the time of the donation.

NCC38:

NCC38 – restrictions on capacity to act but does not render it void

Minority is now 18 years old (RA6809); a person below such age is a minor, and has a limited capacity to act. The unemancipated minor cannot enter into contracts (NCC1327 par1); gut he may be estopped from disavowing his contract if he has misled the other party as to his age.

NCC39: The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alien-age, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the ROC, and in special laws. Capacity to act is not limited on account of religions belief or political opinion…

RA6809: December 13, 1989: Age of Minority from below 21 years to below 18 years.

AM No. 03-02-05 SC Rules on Guardianship: May 21, 2003

1987 Constitution A5 S1: SuffrageFC5: Marriage: Any male or female of the age of 18 years or upwards not under any of the impediments mentioned in articles 37 and 38 may contract marriage.NCC1327: The following cannot give consent to a contract: (1) Unemancipated minors;

Tin

a R

ey

es

C2

01


(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

NCC1390 (1): The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract;

NCC1403(3): The following contracts are unenforceable, unless they are ratified(3) Those where both parties are incapable of giving consent to a contract.

NCC1397: The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor can those who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. (1302a)

NCC1399: When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. (1304)

NCC1489: All persons who are authorized in this Code to obligate themselves, may enter into a contract of sale, saving the modifications contained in the following articles.

NCC1426: When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian, after the annulment of the contract voluntarily returns the whole thing or price received, notwithstanding the fact the he has not been benefited thereby, there is no right to demand the thing or price thus returned.

NCC1427: When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. (1160A)

Cases;1. Mercado v Espiritu

a. The sale of real estate, effected by minors who have already passed the ages of puberty, and adolescence and are near the adult age when they pretended to have already reached their majority when in fact they have not, is VALID, and they cannot be permitted afterwards to excuse themselves from compliance of the obligation assumed by them or to seek their annulment.

2. Bambalan v Maramba a. The sale is void as to the plaintiff, because

he was a minor at the time of execution. b. The doctrine of Mercado v Espiritu is not

applicable to this case, because the

plaintiff did not pretend to be of age, and the defendant knew him to be a minor.

3. Suan and Chiao v Alcantara a. Under the doctrine laid down by Mercado

v Espiritu, herein followed, to bind a minor who represents himself to be of legal age, it is not necessary for his vendee to actually part with cash, as long as the contract is supported by a valid consideration.

b. The circumstance that about one month after the date of the conveyance, the appellee informed the appeallants of his minority, is of no moment, because appellee’s previous misrepresentation had already estopped him from disavowing the contract.

4. Braganza v Villa Abrille a. The failure of the minor to disclose his

minority when making a contract does not per se, constitute a fraud which can be made a basis of an action of deceit.

b. Although the written contract is UNENFORCEABLE because of non-age, however, the minor shall make restitution to the extent that he may have profited by the thing he received.

c. If a person is benefited although incapacitated (minor, insane, etc.) to enter a contract, he must pay back/return it.

RPC12: The following are exempt from criminal liability:(2) A person under nine years of age (now modified to be 15 years by RA9344 S6)(3)A person over nine years of age and under 15 unless he has acted with discernment, in which case, such minors shall be proceeded

Tin

a R

ey

es

C2

01


against in accordance with the provisions of A80 of this code.

RA9344: Juvenile Justice and Welfare Law0-15 years old: exempt from criminal liability15-18: act with discernment**15yrs+1day: case is filed in court (should be out by September)

RPC13: The following are mitigating circumstances:(2) That the offender is under 18 years of age or over 70 years. In the case of the minor, he shall be proceeded against in sccordance to the provisions of A80. (now between 15-18 years old subject to an intervention program, RA9344)

PD603: Child and Youth Welfare Code:(December 10, 1974)

Rules of Civil Procedure R3 S5: A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem.

FC45 (2): A marriage may be annulled for any of the following causes, existing at the time of the marriage:(2)That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

NCC1327(1): The following cannot give consent to a contract: (1) Unemancipated minors;

NCC1328: Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. (n)

RPC12: The following are exempt from criminal liability:(1)an imbecile or an insane person, unless the latter has acted during a lucid interval

ROC101 S4: When, in the opinion of the Director of Health, the person ordered to be committed to a hospital or other place for the insane is temporarily or permanently cured, or may be released without danger he may file the proper petition with the Court of First Instance which ordered the commitment. Cases;1. US v Vaguilar

a. Insanity distinguished from Passion, Anger or Remorse – Testimony of eye-witnesses to a parricide, which goes no further than to indicate that the accused was moved by a wayward or hysterical burst of anger or passion, and other testimony to the effect that, while in confinement awaiting trial, defendant acted absent-mindedly at times, is not sufficient to establish the defense of insanity. (condition produced by remorse)

2. People v Rafanan a. Standard of Legal insanity by People v

Formigones (2 distinguishable tests):i. Test of cognition – complete

deprivation of intelligence in committing the [criminal] act.

ii. Test of violation – that there be a total deprivation of the will

b. The law presumes every man to be sane. A person accused of a crime has the burden of proving his affirmative allegation of insanity.

3. Standard oil v arenas a. Capacity to act must be supposed to

attach to a person who has not previously been declared incapable, and such capacity is presumed to continue so long contrary is not proved, that is, at the time of his acting he was incapable, crazy or out of his mind; which, in the opinion of the court, has not been proved in this case.

b. There was no direct proof that showed that at the date of the giving of the bond, December 15, 1908, the appellant was incapable of acting because of insanity. The witnesses who as physicians, testified that they observed insane periods in Villanueva twice prior to 1903, once on 1908, but none at the time of the execution of the said bond on December 15, 1908.

c. It was also shown that the wife never before sought to legally deprive her husband management over his estate knowing full well that he was insane.

NCC1327(2): The following cannot give consent to a contract: (2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

NCC807: If the testator be deaf, or a deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two

Tin

a R

ey

es

C2

01


persons to read it and communicate to him, in some practicable manner, the contents thereof. (n)

NCC820: Any person of sound mind and of the age of eighteen years or more, and not bind, deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned in Article 805 of this Code. (n)

ROC92(2): Meaning of word "incompetent." - Under this rule, the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.

NCC1490: The husband and the wife cannot sell property to each other, except: (1) When a separation of property was agreed upon in the marriage settlements; or (2) When there has been a judicial separation or property under Article 191. (1458a)

NCC2035: No compromise upon the following questions shall be valid: (1) The civil status of persons; (2) The validity of a marriage or a legal separation; (3) Any ground for legal separation; (4) Future support;

(5) The jurisdiction of courts; (6) Future legitime. (1814a)

cf. NCC963-967:SUBSECTION 1. - Relationship Art. 963. Proximity of relationship is determined by the number of generations. Each generation forms a degree. (915) Art. 964. A series of degrees forms a line, which may be either direct or collateral. A direct line is that constituted by the series of degrees among ascendants and descendants. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from a common ancestor. (916a) Art. 965. The direct line is either descending or ascending. The former unites the head of the family with those who descend from him. The latter binds a person with those from whom he descends. (917) Art. 966. In the line, as many degrees are counted as there are generations or persons, excluding the progenitor. In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent. In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his

uncle, who is the brother of his father, four from his first cousin, and so forth. (918a) Art. 967. Full blood relationship is that existing between persons who have the same father and the same mother. Half blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father. (920a)

cf. 1987Consti: A4 S1-5: Citizenship

NCC381-396:

NCC1381: Art. 1381. The following contracts are rescissible: (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof; (2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; (4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority; (5) All other contracts specially declared by law to be subject to rescission. (1291a)

NCC2236: The debtor is liable with all his property, present and future, for the fulfillment of his obligations, subject to the

Tin

a R

ey

es

C2

01


exemptions provided by law. (1911a) Art. 2035. No compromise upon the following questions shall be valid: (1) The civil status of persons; (2) The validity of a marriage or a legal separation; (3) Any ground for legal separation; (4) Future support; (5) The jurisdiction of courts; (6) Future legitime. (1814a)

Case:1. Villaneva v CA (May 26, 1995)

a. PRODIGAL = “gambler”, away from home, slightly incompetent

b. Husband and wife cannot sell or donate to each other

c. Affinity by bloodo Always start from selfo Parents – 1st degreeo Brothers/Sisters – 2nd

o Cousins – 4th

o Grandparents – 2nd

o Aunts/Uncles – 3rd

o Your brother’s wife is not your relative! (by blood or affinity)

RCP3 S4: Spouses as parties. Husband and wife shall sue or be sued jointly, except as provided by law.

CITIZENSHIP:

Section 1. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [4] Those who are naturalized in accordance with law.Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law. Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship,

unless by their act or omission, they are deemed, under the law, to have renounced it.

NCC50: For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.

Case:1. Romualdez-Marcos v COMELEC

a. Habitual residence – Leyteb. Domicile – place of habitual residence,

intent to go back (ANIMUS REPERTENTI)c. Residencei. Permanent – domicile

ii. Official – e.g. Malacañang (President and family)

iii. Temporary – even for a long period of time

Dual Allegiance v Dual Citizenship(none in the Philippines)

JUS SANGUINIS – you have to be born of Filipino blood to be a Filipino citizen

JUS SOLI (United States) – land where you were born also gives you citizenship

Dual Citizenship of Parents – only affects children who are minors at the time the dual citizenship is acquired

Top 3 Stressors:1. Marriage2. Moving3. Death

Tin

a R

ey

es

C2

01


persons midterms reviewer

Documents