Summary - Persons and Family Relations

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CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT NO. 386) A. i. Historical Background Code Commission (Executive Order No. 48 issued on March 20, 1947 by President Manual Roxas) a. Dean Jorge Bacobo (Chairman) b. Judge Guillermo Guevarra c. Dean Pedro R. Ylagan d. Dean Francisco R. Capistrano e. Arturo Tolentino (later resigned after being elected congressman) f. Dr. Carmelino Alvendia (replacing Tolentino) Draft started on May 8, 1947 and finished on December 16, 1947; approved by the Congress on June 18, 1949 Took effect on August 30, 1950 (Lara v. Del Rosario), one year after the circulation of the June 1949 issue of the Official Gazette Sources: a. Civil Code of Spain of 1889 b. 1935 Constitution c. existing laws and jurisprudence d. customs and traditions e. decisions of foreign courts f. laws of other countries g. equity and general principles of law Total of 2270 Articles: a. Book 1 Law on Persons and Family Relations Articles 1 to 413 b. Book 2 Property Ownership and its Modification Articles 414 to 711 c. Book 3 Different Modes of Acquiring Ownership Articles 712 to 1155 d. Book 4 Law on Obligations and Contracts Art 1156-2270 Civil law based on: a. Recopilacion de las Leyes de las Indias b. La Novisima Recopilacion c. La Nueva Recopilacion d. The Royal Ordinances of Castille e. Las Leyes de Toro f. La Siete Partidas Amended by the Family Code of the Philippines on August 3, 1988 (Articles 52 to 363) Preliminary Title, Chapter 1: Effects and Application of Laws Art 1: This act shall be known as the Civil Code of the Philippines. Art 2: Laws shall take effect after fifteen 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. a. Effectivity of ordinary laws: Date expressly provided in the statute After 15 days following the completion of its publication in the Official Gazette Effectivity of the Civil Code of the Philippines: iv.
One year after publication August 30, 1950 (Lara v. Del Rosario) Publication no longer necessary (Askay v. Cosalan, 46 Phil 179): Law provides for its own effectivity Upon approval by the President Not punitive in nature Taada v. Tuvera, GR No. 63915: A law must be published first before it shall take effect. Publication must be in full or it is no publication at all. Unless otherwise provided refers solely to the fifteen day period and not to the requirement of publication. All statues (including those of local application), presidential decrees and executive orders, administrative rules and regulations if the purpose is to enforce or implement existing laws. The following need not be published: Interpretative regulations Internal regulations not concerning or regulating the public Letters of Instruction issued by administrative superiors concerning their duties Executive No. 200 passed by President Corazon Aquino in 1987: publication may also be done in a newspaper of general publication.
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Art 3: Ignorance of the Law excuses no one form compliance therewith.
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Ignorantia legis non excusat Founded on expediency, policy, and necessity to prevent evasion of the law Refers only to mandatory or prohibitory laws (those that have to be complied with) and not to permissive or suppletory laws (those which may be deviated from, if the individual so desires) Applies to all kinds of domestic laws, civil or penal, substantive or remedial Doctrine of Processual Presumption (applicable for foreign law):
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Presumption that foreign law is the same as our law if the latter is not properly alleged and proven Ignorance of foreign law is merely ignorance of the fact and not ignorance of the law. Note: our courts do not take judicial notice of foreign laws unless proven.
Art 4: Laws shall have no retroactive effect, unless the contrary is provided. a. b. General rule: laws are prospective and not retroactive Exceptions:
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CIVIL LAW 1: PERSONS AND FAMILY RELATIONS
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Law expressly provides for its retroactivity (for Civil Law i.e. New Family Code) Law is curative or remedial in nature (intended to cure a defect) Law is procedural (for Remedial Law) Law is penal in character and favorable to the accused (so long as the accused is not a habitual delinquent) When a substantive right is declared for the first time, unless vested rights are impaired (for Civil Law) Ex Post Facto Law: (Criminal, Disadvantageous, Retroactive) Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act Aggravates a crime, or makes it greater than it was, when committed Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed Alters the legal rules of evidence, and authorizes conviction upon less or different testimony that the law required at the time of the commission of the offense Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful Deprives a person accused of a crime some lawful protection to which he has become entitled A law cannot be given retroactive effect if it impairs vested rights provided by the old law (Bernabe v. Alejo, GR No. L140500, 21 Jan 2002). This is applicable even if the new law expressly provides for its retroactivity.
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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. a. Waiver: the intentional relinquishment of a known right The person waiving his right must be capacitated to make the waiver The right being waived must already be in existence at the time the waiver is made General rule: a person can waive a right given to him by law Exceptions: Waiver is contrary to law, public order, public policy, morals or good customs Waiver is prejudicial to a third person with a right recognized by law Rights that cannot be renounced validly: Natural right to life Rights which did not exist yet Renunciation of rights which would violate public policy Waiver of future inheritance is void because it is contrary to law. One cannot waive a right that does not exist yet. Political rights cannot be subject of waiver. The Constitution provides that a public office is a public trust and not a property. It cannot be the object of a contract, otherwise, it is void ab initio or void from the beginning.
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Art 7: Laws are repealed only by subsequent one, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declare 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. a. b. Laws enacted by Congress are temporary in nature and can be changed when the condition warrants. Laws are repealed either expressly or impliedly Express repeal: occurs when the legislature passes a new law which expressly declares the repeal of an old or existing law when a new law expressly repealing an old law is itself repealed >> old law shall not be revived, unless expressly provided Implied repeal: when a new law contains provisions contrary to or inconsistent with those of a former without expressly repealing them If both statutes can stand together and provisions can be reconciled = no repeal When a new law impliedly repealing an old law is itself repealed >> old law is revived, unless the language of the repealing statute provides otherwise Page 2
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Art 5: Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. a. b. c. d. e. Mandatory laws: those which require something to be done Prohibitory laws: contain positive prohibition and requires that certain acts should not be done Directory law: a law which leave it optional with the department or officer to which it is addressed to obey or not General rule: acts in violation of mandatory or prohibitory laws are void Exceptions: When the law makes the act not void but merely voidable Void: null and of no effect Voidable: subject to becoming void; valid until annulled When the law makes the act valid, but the wrongdoer is subject to liability When the law itself makes the act valid when it should have been void When the law makes the act void, but recognizes some legal effects flowing therefrom Violation of laws which are merely directory does note render the act void or illegal
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Declared by courts after efforts to reconcile the provisions Lapse of Law: if the law provides for a period within which it will be effective; no need for a repeal When the law has not been used anymore or the law has been violated more >> does not mean the law is already repealed Hierarchy of laws
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When a doctrine of the SC is overruled and a different view is adopted: New doctrine should be applied prospectively Should not prejudice persons who relied on the overruled doctrine while the same were still controlling (People v. Jabinal, 55 SCRA 607) Judicial decisions may be abrogated or abolished by: Contrary ruling by the SC Corrective legislative acts of Congress Congress cannot alter a SC interpretation of a constitutional provision >> unwarranted assumption of judicial power
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Constitution: the only law approved directly by the people; the supreme, basic and the fundamental law of the land Any amendment to the Constitution should also be approved by the People for it to take effect Laws or statutes enacted by Congress Administrative or executive acts, orders and regulations promulgated by administrative agencies case of conflict: Constitution and statute >> Constitution prevails Statute is considered unconstitutional Every presumption favors the validity of the statute Statute and administrative order or regulation >> Statute prevails
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Art 9: No Judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.
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Rules and regulations, administrative or executive acts are considered invalid if violative of the law or the Constitution.
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An administrative agency cannot amend an act of Congress, the former being created by acts of the latter. Administrative order (national in scope) and local ordinance >> administrative order prevails Partial unconstitutionality: if only a portion of the statute is in conflict with the Constitution and such portion is separable from the other provisions Valid portion, if separable, may stand and be enforced A law can be declared unconstitutional if: Enactment is not within the legislative powers of Congress Arbitrary methods may have been established Purpose or effect violates the Constitution or its basic principles
The judge is duty bound to render judgment even if the law is silent or obscure (not readily understood or clearly expressed). Under the Old Civil Code (Art 6, par 2, old CC): Custom of the place shall be applies and the general principles of law Under the New Civil Code: The above provision in the Old Civil Code is no longer reproduced The judge can apply any rule for as long as it is fair and just Even the legislators themselves recognize, through this article, that there are instances where the judiciary must legislate to fill in the gaps in the law.
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Art 10: In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right and justice to prevail. a. b. c. In case of ambiguous provisions: Courts will interpret bearing in mind that the law intended right and justice to prevail In case there are two possible interpretation of a law: That which will achieve the ends desired by Congress should be adopted Courts should not apply equity, if equity will not serve the ends of justice. Rule of equity: decision of the court must be equitable, fair and reasonable Equity follows the law: courts exercising equity jurisdiction are bound by the rules of law and have no arbitrary discretion to disregard them; can only be applied in the absence of but never against statutory law Equity aids the vigilant, not those who slumber on their rights (Phil. Rabbit Bus Lines v. Arciaga, GR No. L-29701, 16 Mar 1987)
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Art 8: Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.
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Supreme Court (SC) decisions: apply (if provisions are clear) or interpret (if the provisions are ambiguous or vague) the laws or the Constitution; thus, forms part of the legal system Not to be considered laws >> principle of separation of powers Considered as evidence of what the law mean Has the force and effect of a law Decisions of subordinate courts (RTC, MTC, Family Courts) Only persuasive in nature Have no mandatory effect Pronouncement or conclusion of the Court of Appeals covering a point of law still undecided >> may serve as judicial guide to inferior courts
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Art 11: Customs which are contrary to law, public order or policy shall not be countenanced. Art 12: A custom must be proved as a fact, according to the rules of evidence. a. Custom: rule of conduct formed by repetition of acts; uniformly observed and practiced as a social rule, legally binding and obligatory Must be proved as a fact to the rules of evidence Even if proven, cannot prevail over a statutory or legal rule Courts take no judicial notice of custom Can only be applied as a source of right in the absence of applicable law If contrary to law, public order or public policy >> shall not be countenanced
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Art 15: Laws relating to family rights and duties, or to status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. a. Nationality Theory: A Filipino citizen, wherever he may go, is governed by the laws of the Philippines relating to family rights and duties, status, condition and legal capacity. Also applies to foreigners who are living here in the Philippines (i.e. a foreigners legal capacity to contract marriage is primarily governed by his national law and not by the Philippine law)
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Art 16: Real property as well as personal property is subject to the law of the country where it is situated. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and 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 and regardless of the country wherein said property may be found. a. Lex Rei SItae
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Art 13: When the law speaks of years, months, days or nights, it shall be understood that years are of three hundred sixtyfive days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. a. b. c. If months are designated by their name >> use the respective number of days In computing a period >> exclude the first day and include the last day If the last day of the period is a Sunday or a Legal Holiday: Source of the obligation is an ordinary contract >> no bearing; due and demandable on the last day unless there is agreement to the contrary Period refers to those prescribed by the Rules of Court, and order of the court, or by any applicable statute >> last day will be the day after Sunday or Legal Holiday
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Art 14: Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. a. Theory of Territoriality: Our penal laws and those of public security and safety shall apply to all those inside the Philippine territory, whether one is a citizen of the Philippines or a foreigner Exceptions: Principle of public international law 1961 Vienna Convention on Diplomatic Relations: diplomatic agents are immune from criminal jurisdiction of the receiving state Treaty stipulations
Literal meaning: law of the place where the real property is located Real and personal properties are governed by the law of the country where the properties are located Exception to Lex Situs Successional rights: Order of succession Amount of successional rights Intrinsic validity of testamentary provisions Applies irregardless of the nature of the property (real or personal) and its location Doctrine of Mobilia Sequuntur Personam under the Old Civil Code Personal properties follow the national or domiciliary law of the owner National law of a deceased foreigner should be applied in settling the estate
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If the national law provides that law of the country where the decedent is domiciled shall apply (domiciliary theory) >> our law should be applied (Minciano v. Brimo, 50 Phil 867) Renvoi Problem
Philippine-US Military Bases Agreement: US servicemen not covered by our penal laws
If there are two rules in the national law of the decedent that could be applied, one is internal while the other is a conflict rule, the latter should apply (In the matter of Testate Estate of the Deceased Edward E. Christensen, GR No. L-16759, 31 Jan 1963) Renvoi doctrine not applied in Testate Estate of Amos Bellis, et al. v. Edward A. Bellis, 20 SCRA 358 since the decedent was both a citizen and resident of Texas, USA Page 4
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Intrinsic validity of the testamentary provisions is bound by the national law of the decedent (e.g. capacity of parties to enter into a contract) Doctrine of Processual Presumption also applicable in this case: presumption that foreign laws are the same as our local laws when the former is not properly alleged or proven
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Not all deficiency in the Carriage of Goods by Sea Act can be supplied by the CC
Preliminary Title, Chapter 2: Law on Human Relations Formulated to present some basic principles that are to be observed for the rightful relationship between human beings and the stability of social order Indicates certain norms that spring from the fountain of good conscience Types of damages (MENTAL): moral, exemplary, nominal, temperate, actual, liquidated Art 19: 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. a. b. Basic norms and standards to be exercised in the exercise of rights or performance of duties: Act with justice Give everyone his due Observe honesty and good faith Sample cases: Albetz Investments, Inc. v Court of Appeals, GR No. L-32570, 28 Feb 1977
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Art 17: The forms and solemnities of contracts, wills, 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 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, 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. a. Lex Loci Celebraciones The law of the place where the contract was executed determines the validity of the contract.
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Applies only to the extrinsic validity of the contract and NOT intrinsic validity Extrinsic validity: refers to how the contract will be executed (e.g. standard format, notarization, if to be typewritten, etc.) If the contract is valid in the place >> considered valid here except when rendered void in the stipulations provided by the Family Code
A prevailing party in the Ejectment case (lawsuit brought to remove a party who is occupying real property) who demolished the house of the defendant on the basis of the writ of execution duly issued by the court did not give the occupants sufficient time to remove their personal belongings. While it is true that Albetz Investments, Inc. had the legal right to the surrender to them of the parcel of land leased by the Calma spouses, which could only be achieved thru the demolition of the house standing thereon, nevertheless, such right should not have been exercised in such a manner as to unduly prejudice its owners.
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Principle of Exterritoriality: Solemnities of the Philippine law shall be observed if executed before Philippine diplomatic and consular offices abroad Prohibitive laws: Shall not be rendered ineffective by laws of foreign countries or judgment of a foreign court
Meralco v. Court of Appeals, GR No. L-39019, 22 Jan 1988
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18: In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. a. Conflict between the Code of Commerce or a special law and the Civil Code: General rule: special laws prevail against a general law Exception: if otherwise provided for by the Civil Code (general law) Common Carriers (Art 1766, CC) Insolvency (Art 2237, CC) In case of deficiency of the Code of Commerce >> Civil Code will apply suppletorily
Because of the respondents failure to pay his electric bills, Meralco cut his electric supply without prior notice. In an action, for recovery damages for embarrassment, humiliation, wounded feelings and hurt pride caused to the respondents by the disconnection of their electrical service jointly and severally to pay private respondents the sum of P10K as moral damages, P2K as exemplary damages and P1K as attorney's fees, and dismissing Meralco's counterclaim. In its decision, the respondent Court of Appeals held that MERALCO's right to disconnect the electric service of a delinquent customer "is an absolute one, subject only to the requirement that defendant MERALCO should give the customer a written notice of disconnection 48 hours in Page 5
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advance." This requirement is embodied in Section 97 of the Revised Order No. 1 of the Public Service Commission
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Likewise, we find no merit in petitioners' contention that being in arrears in the payment of their bills, the private respondents are not entitled to moral damages under the doctrine that "he who comes to court in demand of equity, must come with clean hands." We rejected this argument in the Manila Gas Corporation case, supra, wherein we held that respondents' default in the payment of his bills "cannot be utilized by petitioner to defeat or null the claim for damages. At most, this circumstance can be considered as a mitigating factor in ascertaining the amount of damages to which respondent ... is entitled."
wrong is thereby committed for which the wrongdoer must be held responsible. Elements of an abuse of rights (Albenson Enterprises Corp v. Court of Appeals, GR No. 88694, 11 Jan 1993): There is legal right or duty Such right or duty is exercised in bad faith For the sole intent of prejudicing or injuring another
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Art 20: Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. a. This article punishes illegal acts whether done willfully or negligently. Diligence of a good father of a family is generally required; although, some circumstances would require extraordinary diligence to be exercised Negligence: failure to observe for the protection of the interests of another person that degree of care, precaution and vigilance which circumstances greatly demand, whereby such other person suffers injury. Sample cases:
However, in Quisumbing v. Meralco, GR No. 142943, 3 Apr 2002, the Supreme Court held that under the law, the Manila Electric Company (Meralco) may immediately disconnect electric service on the ground of alleged meter tampering, but only if the discovery of the cause is personally witnessed and attested to by an officer of the law or by a duly authorized representative of the Energy Regulatory Board. The presence of government agents who may authorize immediate disconnections go into the essence of due process. Indeed, we cannot allow respondent to act virtually as prosecutor and judge in imposing the penalty of disconnection due to alleged meter tampering.
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Felipe v. Leuterio, GR No. L-4606, 30 May 1955
Velayo v Shell Co. of the Phils., GR No. L-7817, 31 Oct 1956
Imperial, one of the contestants in an oratorical contest, came out second place winner but alleged that one of the judges had fallen to error in grading her performance and that she should have been given the first place award had the computations been correct. No rights to the prizes may be asserted by the contestants, because their's was merely the privilege to compete for the prize, and that privilege did not ripen into a demandable right unless and until they were proclaimed winners of the competition by the appointed arbiters or referees or judges. >> Even if someone is damaged by the act of another, he does not necessarily have the right to be indemnified if he could not show that a right of his has been impaired. Granting that Imperial (the contestant) suffered some loss or injury, yet in law there are instances of "damnum absque injuria" or loss without injury. This is one of them. If fraud or malice had been proven, it would be a different proposition. But then her action should be directed against the individual judge or judges who fraudulently or maliciously injured her and not against the other judges.
The Commercial Air Lines, Inc. (CALI) knew it did not have sufficient assets to pay off its liabilities, and so it called a meeting of its creditors, who agreed that they would be contented with a pro-rata division of the assets, including a C-54 plane, still in California. One of the creditors, Shell Co., took advantage of this information, and made a telegraphic assignment of its credit in favor of a sister Shell Co., in the U.S., which then promptly attached the plane in California, thus depriving the other creditors of its value. The creditor, since it did not observe honesty and good faith in its dealings with the other creditors as stated above, was held liable for damages.
Cebu Country Club Inc. v. Elizagaque, GR No. 160273, 18 Jan 2008
Obviously, the CCCI Board of Directors, under its Articles of Incorporation, has the right to approve or disapprove an application for proprietary membership. But such right should not be exercised arbitrarily. A right, though by itself legal because recognized or granted by law as such, may nevertheless become the source of some illegality. 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
University of the East v. Jader, GR No. 132344, 7 Feb 2000 An educational institution was held liable for damages for misleading a student into believing that the latter had satisfied all the requirements for graduation when such was not the case.
Petitioner, in belatedly informing respondent of the result of the removal examination, particularly at a time when he had already commenced preparing for the bar exams, Page 6
cannot be said to have acted in good faith. Absence of good faith must be sufficiently established for a successful prosecution by the aggrieved party in a suit for abuse of right under Article 19 of the Civil Code. Good faith connotes an honest intention to abstain from taking undue advantage of another, even though the forms and technicalities of the law, together with the absence of all information or belief of facts, would render the transaction unconscientious.
The wrong he has caused her and her family is indeed immeasurable 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 Article 21 of the new Civil Code.
Wassmer v. Velez, GR No. L-20089, 26 Dec 1964
However, while petitioner was guilty of negligence and thus liable to respondent for the latter's actual damages, we hold that respondent should not have been awarded moral damages. We do not agree with the Court of Appeals' findings that respondent suffered shock, trauma and pain when he was informed that he could not graduate and will not be allowed to take the bar examinations. At the very least, it behooved on respondent to verify for himself whether he has completed all necessary requirements to be eligible for the bar examinations.
mere breach of promise to marry is not an actionable wrong. But to formally set a wedding and go through all the above-described preparation and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs for which defendant must be held answerable in damages in accordance with Article 21 aforesaid. A petition for relief from judgment on grounds of fraud, accident, mistake or excusable negligence, must be duly supported by an affidavit of merits stating facts constituting a valid defense. (Sec. 3, Rule 38, Rules of Court.) Defendant's affidavit of merits attached to his petition stated: "That he has a good and valid defense against plaintiff's cause of action, his failure to marry the plaintiff as scheduled having been due to fortuitous event and/or circumstances beyond his control." An affidavit of merits like this stating mere conclusions or opinions instead of facts is not valid. Actual damages only
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Art 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 damages. a. Intended to expand the concept of torts in this jurisdiction by granting adequate legal remedy for the untold number of moral wrong Tort: an act that injures someone in some way, and for which the injured person may sue the wrongdoer; civil wrongs Designed to fill in the countless gaps in the statutes Act may not necessarily be against the law but is contrary to morals, good customs and policy and is done willfully. Example given by the Code Commission: A seduces the 19-year old daughter of X. As promise to marry the girl has not been made or cannot be proved. The girl becomes pregnant. Under the present criminal laws, there is no crime as the girl is above 18 years of age. No civil action for breach of promise to marry can also be filed. Under Article 21, she and her parents would have the right to bring an action for damages against A. But if the two of them had engaged in illicit relations out of mutual carnal lust, then it is believed that there can be no recovery of damages, since both parties are at fault. (Art. 1411 and 1412 of the Civil Code; Batarra v. Marcos, GR No. L-2929, 7 Dec 1906) Sample Cases: Cecilio Pe v. Alfonso Pe, GR No. L-17396, 30 May 1962, 5 SCRA 200 A married man who enticed a young woman to elope with him, taking advantage of his closeness to the family of the woman is violative of basic rule on human relation.
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Hermosisima v. Court of Appeals GR No. L-14628, 30 Sep 1960 The Supreme Court ruled that there can be no recovery of moral damages in a breach of promise to marry, except when there is moral seduction committed by the man. However, in this case, it was the woman who virtually seduced the man, by surrendering herself to him. Victorina v. Nora, CA No. 13158-R, 26 Oct 1955 Even if there was no carnal knowledge, a man may still be held liable for moral damages if the breach of promise to marry was done deliberately or intentionally to inflict loss or injury to the woman.
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Art 22: 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.
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xxiii. Art 23: Even when an act or event causing damage to anothers
property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. a. b. Nemo cum alterius detriment protest Roman Law principle which means that no person should unjustly enrich himself at the expense of another Principle of Solutio Indebiti Page 7
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A kind of quasi-contract which takes place when something is received when there is no right to demand it, and it was unduly delivered thru mistake. (see Article 1160 of the Civil Code) Quasi-contract: juridical relation resulting from a lawful, voluntary, and unilateral act, and which has for its purpose the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another (Art 1160, Civil Code) Another type of quasi-contract is Negotiorum Gestio wherein a person voluntarily takes charge of anothers abandoned business or property without the owners authority; reimbursement must be made to the gestor for necessary and useful expenses. Acciom en rem verso Action for recovery for what has been paid without just cause Essential elements (Shinryo Phils. Company v. RRN Inc., GR No. 172525, 20 Oct 2010): The defendant has been enriched Plaintiff has suffered a loss The enrichment of the defendant is without just or legal ground The plaintiff has no other action based on contract, quasicontract, crime or quasi-delict. An accion in rem verso is considered merely an auxiliary action, available only when there is no other remedy on contract, quasi-contract, crime, and quasi-delict. If there is an obtainable action under any other institution of positive law, that action must be resorted to, and the principle of accion in rem verso will not lie. (GR No. 172525) Example given by the Code Commission Mr. A, a farmer whose cattle were driven to the cultivated highland belonging to B because of flood. As cattle were saved, but Bs crop were destroyed and eaten up by the cattle. Although A was not at fault, he was benefited. It is but right and equitable that he should indemnify B. Sample cases: Benguet Corp. v. DENR-Mines Adjudication Board, 545 SCRA 196 There is no unjust enrichment when the person who will benefit has a valid claim to such benefit. Almocera v. Ong, 546 SCRA 164 The fundamental doctrine of unjust enrichment is the transfer of value without just cause or consideration. Allied Banking Corporation v. Lim Sio Wan, 549 SCRA 504 There is unjust enrichment when a person retains money or property of another against the fundamental principles of justice, equity and good conscience.
age or other handicap, the courts must be vigilant for his protection. a. Principle of Parens Patriae Means father or parents of this country Refers to the sovereign power of the State in safeguarding the rights of person under disability Under the obligation to minimize the risk to those who because of their minority, are yet unable to take care of themselves fully. (People v. Baylon, GR No. L-35785, 29 May 1974) The courts must be vigilant for his protection In case of doubt, the courts must resolve the case in favor of the underdog.
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Art 25: Thoughtless extravagance in expenses for pleasure or display during acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. a. b. c. Thoughtless extravagance during emergencies may incite the passions of those who cannot afford to spend. Only charitable institutions, whether government or private, may bring the action in court to stop or prevent thoughtless extravagance during acute public want. Injunction: a judicial order that restrains a person from effecting legal action, or orders redress to an injured party.
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26: Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of anothers residence; (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly situation in life, place of birth, physical defects, or other personal condition. a. Intended to enhance human dignity and personality Social equality is not sought, but due regard for decency and propriety Remedies: Action for damages Action for prevention (Injunction) Any other relief Scope: Prying into the privacy of anothers residence: includes by implication respect for anothers name, picture or personality except insofar as needed for publication of information and pictures of legitimate news value Page 8
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b.
c. d.
xxiv. Art 24: In all contractual, property or other relations, when one
of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender
Meddling with or disturbing the private life or family relations of another: includes alienation of the affections of the husband or the wife Intriguing to cause another to be alienated from his friends: includes gossiping, and reliance to hearsay Vexing or humiliating: includes criticism of ones health or features without justifiable legal cause
b.
unfair. (Memorandum of the Code Commission, L.J. 31 Aug 1953) Pro Line Sports Center, Inc. v. Court of Appeals, GR No. 118192, 23 Oct 1997: Respondents' act may constitute unfair competition even if the element of selling has not been proved. To hold that the act of selling is an indispensable element of the crime of unfair competition is illogical because if the law punishes the seller of imitation goods, then with more reason should the law penalize the manufacturer. In U.S. vs. Manuel, the Court ruled that the test of unfair competition is whether certain goods have been intentionally clothed with an appearance which is likely to deceive the ordinary purchasers exercising ordinary care. In this case, it was observed by the Minister of Justice that the manufacture of the "Spalding" balls was obviously done to deceive would-be buyers. The projected sale would have pushed through were it not for the timely seizure of the goods made by the NBI. That there was intent to sell or distribute the product to the public cannot also be disputed given the number of goods manufactured and the nature of the machinery and other equipment installed in the factory.
xxvii. Art 27: Any person suffering material or moral loss because of a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. a. b. Intended for public officials or employees who refuses or neglects to perform their duties which resulted to damage or prejudice of another person. Ledesma v. Court of Appeals, GR No. 54598, 15 Apr 1988: A college student scheduled to graduate with magna cum laude honors was deprived of the distinction because of her act of lending money to members of an organization of which she was a member, purportedly in violation of existing rules and regulations, according to the president of the State College. We find no reason why the findings of the trial and appellate courts should be reversed. It cannot be disputed that Violeta Delmo went through a painful ordeal which was brought about by the petitioner's neglect of duty and callousness. Thus, moral damages are but proper. As we have affirmed in the case of Prudenciado v. Alliance Transport System, Inc., 148 SCRA 440, 448: "There is no argument that moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of defendant's wrongful act or omission." (People v. Baylon, 129 SCRA 62 [1984]) Based on the undisputed facts, exemplary damages are also in order. In the same case of Prudenciado v. Alliance Transport System, Inc., supra., at p. 450, we ruled: "The rationale behind exemplary or corrective damages is, as the name implies, to provide an example or correction for the public good (Lopez, et al. v. Pan American World Airways, 16 SCRA 431)
Articles 29 to 35 refer to the rules governing dependent and independent civil actions. Dependent civil action is one which must be tried jointly with the criminal case filed (Articles 29, 30 & 35). Independent civil action is a civil action for damages arising out of the crime committed but which the offended party can prosecute independently or separately without regards to the result of the criminal case (Articles 31, 32, 33 & 34). Independent civil action is allowed in the following cases: Violation of constitutional rights Defamation, fraud, and physical injuries Failure of a policeman to render aid or protection to any person in case of danger to his life or property Article 100 of the Revised Penal Code provides that a person criminally liable is also civilly liable. Criminal liability is concerned with social order and is meant for punishment or correction of the offender; it requires for its conviction proof of guilt beyond reasonable doubt. Civil liability is concerned with private rights and is for reparation of damages suffered by the aggrieved party; it requires mere preponderance of evidence. Proof beyond reasonable doubt means that degree of proof which forms an abiding moral certainty that the accused committed the crime charged; it is not therefore, absolute certainty. Preponderance of evidence means that, as a whole, the evidence adduced by one side outweighs that of the adverse. (Sarmiento v. Court of Appeals, GR No. L-96740, 25 Mar 1999)
xxviii.Art 28: Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or high-handed method shall give rise to a right of action by the person who thereby suffers damages.
xxix. Art 29: When the accused in a criminal prosecution is acquitted

on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for Page 9
a.
Intended to lay down a general principle outlawing unfair competition, both among enterprises and among laborers. Unfair competition must be expressly denounced While competition is necessary in free enterprise, it must not be
damages in malicious.
case
the
complaint
should
be
found
to
be
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. a. Example of a dependent civil action under Article 29: A was accused of theft, but he was acquitted because his guilt had not been proven beyond reasonable doubt. B, the offended party, can institute the civil action for damages for the same act and this time, mere preponderance of evidence is sufficient.
criminal infractor of the income tax law. Another reason, of course, is found in the fact that while Section 73 of the National Internal Revenue Code has provided the imposition of the penalty of imprisonment or fine, or both, for refusal or neglect to pay income tax or to make a return thereof, it failed to provide the collection of said tax in criminal proceedings.
An acquittal on the ground that the guilt of the defendant has not been satisfactorily established is equivalent to one on reasonable doubt, and does not preclude or prevent a civil suit under this Article. (Machinery and Engg. Supplies, Inc. v. Quintano, GR No. L-8142, 27 Apr 1956)
b.
Sample cases: Conrado Buag, Jr. v. Court of Appeals and Cirilo, GR No. L101749, 10 Jul 1992:
Since the civil liability is not deemed included in the criminal action, acquittal of the taxpayer in the criminal proceeding does not necessarily entail exoneration from his liability to pay the taxes. The acquittal in a criminal case cannot operate to discharge defendant from the duty of paying the taxes which the law requires to be paid, since that duty is imposed by statute prior to and independently of any attempts by the taxpayer to evade payment. Said obligation is not a consequence of the felonious acts charged in the criminal proceeding nor is it a mere civil liability arising from a crime that could be wiped out by the judicial declaration of non-existence of the criminal acts charged. (Castro vs. The Collector of Internal Revenue, 62 Off. Gaz., [12], 1935) Ruiz v. Ucol, GR No. L-45404, 7 Aug 1987
Criminal liability will give rise to civil liability ex deliction only if the same felonious act or omission results in damage or injury to another and is the direct and proximate cause thereof. Hence, extinction of the penal action does not carry with it the extinction of civil liability unless the extinction proceeds from a declaration in a final judgment that the fact from which the civil case might arise did not exist. (Sec 2b, Rule III, 1985 Rules of Criminal Procedure) The dismissal of the complaint for forcible abduction with rape was by mere resolution of the fiscal at the preliminary investigation stage. There is no declaration in a final judgment that the fact from which the civil case might arise did not exist. Consequently, the dismissal did not in any way affect the right of herein private respondent to institute a civil action. Republic v. Patanao, GR No. L-22356, 21 Jul 1967
The aggrieved party can file a civil action after the acquittal of the accused only if he did not actively participate in the prosecution of the criminal case by hiring a private lawyer. Restated here is the rule that unless the complainant intervenes and actively participates in the criminal case, an acquittal of the accused would not bar the institution of a separate civil action.
xxx.
Art 30: When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil action, a preponderance of evidence shall likewise be sufficient to prove the act complained of.
a.
Under the Penal Code the civil liability is incurred by reason of the offender's criminal act. Stated differently, the criminal liability gives birth to the civil obligation such that generally, if one is not criminally liable under the Penal Code, he cannot become civilly liable thereunder. The situation under the income tax law is the exact opposite. Civil liability to pay taxes arises from the fact, for instance, that one has engaged himself in business, and not because of any criminal act committed by him. The criminal liability arises upon failure of the debtor to satisfy his civil obligation. The incongruity of the factual premises and foundation principles of the two cases is one of the reasons for not imposing civil indemnity on the
The offended party has the option of not filing a criminal case but only a civil action for damages against the offender. However, should he decide to file a criminal case later on, the civil case that he filed ahead will have to be suspended as it is not an independent civil action. (Rules 110, Revised Rules of Court).
xxxi. Art
31: When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. a. b. Contemplates a case a where the obligation does not arise from a crime, but from some other act - like a contract or a legal duty Sample cases: Tolentino v. Carlos, GR No. 46180, 30 Aug 1938 Page 10
A civil action for recovery of government funds in the hands of a postmaster can prosper independently of a charge of malversation, since in the first, the obligation arises from law (ex lege), while in the second the obligation to return the money arises from a wrong (ex delicto). Nicasio Bernaldes, Sr., et al. v. Bohol Land Trans., Inc., GR No. L-18193, 27 Feb 1963
The acquittal of the driver in a case for reckless imprudence resulting to homicide does not bar the heirs of the victim from filing a culpa contractual (negligence in the performance of a contract) case against the operator of the bus because the civil action here is not based on the criminal case against the driver but on the liability of the operator based on a contract - contract of carriage. Bordas v. Canadalla and Tabar, GR No. L-30036, 15 Apr 1988
Indeed, there is no need for the plaintiff-appellant to make a reservation of his right to file a separate civil action inasmuch as the civil action contemplated is not derived from the criminal liability of the accused but one based on culpa aquiliana. The trial court was therefore in error in considering the conviction of the accused as a "prejudicial question" to the civil liability of Canadalla and his employer Primo Tabar. The confusion lies in the failure to distinguish between the civil liability arising out of criminal negligence (governed by the Penal Code) on one hand, and the responsibility for culpa aquiliana or quasidelict on the other, the latter being separate and distinct from the civil liability arising from crime. It is thus clear that the plaintiff-appellant's action, being one for culpa aquiliana(Article 2176) may not be classified as a civil action arising from the criminal offense of Senceno Canadalla to be suspended "until judgment in the criminal case has been rendered." Gorospe v. Nolasco, GR No. L-14745, 30 Mar 1962
(5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in ones person, house, paper, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the government for redress or grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to be informed of the nature and the cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against ones self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession except when the person confessing becomes a state witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflected in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any cases referred to in this Article, whether or not the defendants act or omission constitutes a criminal offense, the aggrieved party has the right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. The indemnity shall include moral damages may also be adjudicated. a. damages. Exemplary
Where the civil action instituted by one person against another was dismissed without the presentation of may evidence upon the issue arising from the complaint and the answer filed in the case, it is obvious that the court did not and could not have made any finding of fact that made it possible thereafter to hold the defendant liable for estafa. Consequently, said dismissal cannot, in any legal sense, constitute a bar to the filing and prosecution of the criminal action for estafa.
xxxii.
Art 32: Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention;
Sample cases: Aberca v. Ver, GR No. 69866, 15 Apr 1988 While the military authorities are not restrained from pursuing their assigned task or carrying out their mission with vigor, they must nonetheless, observe the constitutional and legal limitations. The civil liability extends to their superior as the law speaks of an officer or employee or person directly or indirectly responsible for the violation of the constitutional rights and liberties of another. Lim v. Ponce de Leon, GR No. L-25547, 27 Nov 1967 Page 11
b. xxxiii.
A public official or employee who is charge for damages under this Article cannot use the defense of good faith or that he was acting without malice and without the lightest intention of inflicting injury to the plaintiff. Good faith is not a defense under Article 32. It is enough that there be violation of the constitutional rights. Remedies: moral and exemplary damages, award of the latter is discretionary with the Court
court may require the plaintiff to file a bond to indemnify the defendant in case the complaint be found to be malicious.
If during the pendency of the civil action an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. a. This Article applies to cases when there is no independent civil action that may be filed and the prosecuting attorney refuses to file the case in court. Complainant may bring a civil action for damages against the alleged offender; mere preponderance of evidence is required Defendant may require the plaintiff to file a bond to indemnify him in case the complaint should be found to be malicious Civil action shall be suspended until the termination of criminal proceedings, should an information be filed by the prosecuting attorney during the pendency of the civil action
Art 33: In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. a. Scope: Defamation (or libel or slander or intrigue against honor) Fraud (or estafa or swindling) Physical injuries including consummated, frustrated and attempted homicide, murder, parricide, infanticide - so long as there was physical injury Rule 111, Section 1 of the Rules of Court - the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party: Waives the civil action Reserves his right to institute it separately Institutes the civil action prior to the criminal action Reservation shall be made before the prosecution starts presenting its evidence
xxxvi.
b.
Art 36: Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by the rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.
a.
xxxiv.
b.
Art 34: When a member of a city or municipal force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefore. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. a. b. Primary responsibility is assessed against the member of the police force who refuses or fails to render aid or protection. Subsidiary liability is imposed on the city or municipality concerned in case of insolvency.
c.

xxxv.
Art 35: When a person claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendants motion, the
Prejudicial question: one which arises in a case, the resolution of which is a logical antecedent of the issue involved and the cognizance of which pertains to another tribunal. (Zapanta v. Montesa, 4 SCRA 510) Two cases are involved - criminal and civil Criminal cases is suspended since the issue in the civil case is determinative of the guilt or innocence of the accused in the criminal case Essential elements: Civil action involves an issue similar or intimately related to the issue raised in the criminal action Resolution of such issue determines whether or not the criminal action may proceed Petition to suspend criminal case due to pendency of prejudicial question (Rule 111, Section 6, Rules of Court): Shall be filed in the office of the prosecutor or the court conducting the preliminary investigation Shall be filed in the same criminal action at any time before the prosecution rests Shall be filed by the defense or the accused and not the prosecution (People v. Judge Villamor, et al., GR No. L-13530, 28 Feb 1962) Sample cases: Merced v. Diez, GR No. L-15315, 26 Aug 1960
d.
One of the essential elements of a valid marriage is that the consent thereto of the contracting parties must be freely and voluntarily given. Without the element of Page 12
consent a marriage would be illegal and void. (Section 29, Act No. 3613, otherwise known as the Marriage Law.) But the question of invalidity cannot ordinarily be decided in the criminal action for bigamy but in a civil action for annulment. Since the validity of the second marriage, subject of the action for bigamy, cannot be determined in the criminal case and since prosecution for bigamy does not lie unless the elements of the second marriage appear to exist, it is necessary that a decision in a civil action to the effect that the second marriage contains all the essentials of a marriage must first be secured.
In a criminal case for damage to ones property, a civil action that involves the ownership of said property should first be resolved as it is a prejudicial question to the criminal case.
D.
Title 1: Civil Personality Person: any being, natural or artificial, capable of possessing legal rights and obligations (2 Sanchez Roman 110) Natural persons are human beings created by God through the intervention of parents; Juridical persons are those created by law. (2 Sanchez Roman 112-114)
In the case at bar, in order that petitioner may be held guilty of the crime of bigamy, the marriage which he contracted for the second time with Elizabeth Ceasar, must first be declared valid. But its validity has been questioned in the civil action. This civil action must be decided before the prosecution for bigamy can proceed.
xxxvii. Art 37: Juridical capacity, which is the fitness to be the subject of legal relations is inherent in every natural persons 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.
a.
People v. Abelo Aragon, GR No. L-5930, 17 Feb 1954
The filing, while the bigamy case is pending, of a civil action by the woman in the second marriage for its annulment by reason of force and intimidation upon her by the man, is not a bar or defense to the criminal action. The civil action does not decide that he entered the marriage against his will and consent, because the complaint therein does not allege that he was the victim of force and intimidation in the second marriage. It was he who used the force or intimidation and he may not use his own malfeasance to defeat the action based on his criminal act. Landicho v. Relova, GR No. L-22579, 23 Feb 1968
b.
c. d.
Juridical capacity (capacidad juridical): the fitness of a person to be the subject of a legal relation; inherent in every natural person and it acquired from the moment of birth and lost only upon death Capacity to act (capacidad de obrar): power to do act with legal effect and is acquired and lost by law Differences between Juridical Capacity (JC) and Capacity to Act (CA): JC is passive while CA is active JC is inherent while CA is merely acquired JC is lost only through death while CA is lost through death but may be restricted by other causes JC can exist without CA, on the other hand, CA exists always with JC Person with Full Capacity: a person possessing both juridical capacity and capacity to act
At the time the petitioner was indicted for bigamy, the fact that two marriage ceremonies had been contracted appeared to be indisputable. And it was the second spouse, not the petitioner who filed the action for nullity on the ground of force, threats and intimidation. Thereafter, the petitioner, as defendant in the civil action, filed a third party complaint against the first spouse alleging that his marriage with her should be declared null and void on the ground of force, threats and intimidation. Assuming that the first marriage was null and void on the ground alleged by petitioner, that fact would not be material to the outcome of the criminal case. Parties to the marriages should not be permitted to judge for themselves its nullity, for the same must be submitted to the judgment of the competent courts and only when the nullity of the marriage is so declared can it be held as void, and so long as there is no such declaration the presumption is that the marriage exists. Therefore, he who contracts a second marriage before the judicial declaration of nullity of the first marriage assumes the risk of being prosecuted for bigamy.
xxxviii. Art 38: Minority, insanity or imbecility, the state of being a deaf mute, prodigality and civil interdiction are mere restrictions on the capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. a. Restrictions on capacity to act: Minority (below 18) An ordinary contract entered into by a minor without parental consent is considered merely voidable and not null and void. Insanity or Imbecility Insanity is a condition in which a persons mind is sick. Imbecility is feeble-mindedness, a condition in which a person thinks like a small child. State of being deaf-mute
De Leon v. Mabanag, 70 Phil 202 Page 13
Highlighted in Director of Lands v. Abelardo, 54 Phil 387, "The old doctrine that a deaf-mute was presumed to be an idiot no longer prevails, and such persons are now held capable of entering into contracts if shown to have sufficient mental capacity." (Alexier vs. Matzke, 151 Mich., 36)
b.
A conceived child, thru the mother, may be the recipient of a donation; but if the donation be subject to an onerous condition or should prove burdensome, the donation will not be valid as it is not gratuitous and favorable/beneficial to the child.
Prodigality: state of squandering money or property with a morbid dersire to prejudice the heirs of a person (Martinez v. Martinez, 1 Phil 182) Civil Interdiction: the deprivation by the court of a persons right To have parental or marital authority To be the guardian of the person and property of a ward To dispose of his property by an act inter vivos To manage his own property
xlii.
Art 42: 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. a. b. c. Civil personality is extinguished by death (physical death). Civil interdiction (civil death) merely restricts, not extinguishes, capacity to act. Effect of death is determined by: Law Contract Will Examples of legal effects of death (Civil Code Book 1 by Paras, p 247): The right to support ends A marriage, whether voidable or valid, ends The tenure of public office ends A person, if made a voluntary heir in the will of another and the former dies before the testator, he cannot be represented by his own heirs. A special power of attorney executed by a person in favor of another to sell his property is deemed terminated if the former dies. The sale, after such death, is not valid if made by the agent with knowledge of the principals death. This is true even if the buyer be in good faith. (Rallos v. Felix Go Chan and Sons Realty Corporation, GR No. L-24332, 31 Jan 1978) Criminal liability is extinguished by death but the proceedings with regard to his civil liability should continue. (People v. Tirol and Baldesco, GR No. L-30538, 31 Jan 1981) Service of summons on a defendant who is already dead through his relatives is not valid as said defendant already lost his juridical personality. Any judgment rendered by the court against him shall be null and void. (Dumlao v. Quality Plastic Products, GR No. L-27956, 30 Apr 1976)
xxxix.Art 39: 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, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. a. xl. Enumerates modifications or limitations on capacity to act and is broader in scope compared to the previous article
d.

Art 40: 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 conditions specified in the following article. a. b. c. GR: personality normally begins from the moment of birth Presumptive personality: may be given to a child in eh womb but only for purposes beneficial to him, provided that he be born later with the conditions in Article 41 Effect of acquiring personality: can be the subject of a legal relation (juridical personality)
xli.
Art 41: For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mothers womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.
xliii.
a.

Kinds of children (Civil Code Book 1 by Paras, p 245): Ordinary: with an intra-uterine life of at least seven months (mere birth is sufficient) Extraordinary: if the intra-uterine life be less than seven months (the child must have lived for at least 24 hours after its complete delivery from the maternal womb; otherwise, it is not deemed born)
Art 43: If there is doubt, as between two or more persons who are called to succeed each other, as to which one of them 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 shall be no transmission of rights from one to the other.
a.

Refers to Presumption on Survivorship and is copied in the Rules of Court, Rule 131, Section 3(kk) Applies only if the two person who died are called to succeed each other If it cannot be determined who dies first, presumption is they died at the same time and there shall be no transmission of rights from one to the other Page 14
b.
xliv.
If there is positive evidence that one died ahead of the other, the presumption shall not apply (Joaquin v. Navarro, 93 Phil 257) Rule 131, Section 3 (jj), which is similar to Article 43, should be applied in all other cases.
Savings Bank is not a suit against the government. (Styver v. Aud. Gen., L-361 [1946])
Art 44: The following are juridical persons: (1) The state and its political subdivision; (2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; (3) Corporations, partnership and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.
An office of the Government, such as the Bureau of Printing, has no juridical personality, and therefore cannot be sued. A suit against it is a suit against the government, and it is settled that the government cannot be sued without its consent. (Bureau of Printing v. Bureau of Printing Employees Association, et al., L-15751, Jan. 28, 1961) The Roman Catholic Church in the Philippines is a person. (Barlin v. Ramirez, 7 Phil. 41). But it is an entity or person separate and distinct from the personality of the Pope or the Holy See. The Roman Catholic Church, or any of its corporation soles, duly incorporated in the Philippines, can therefore acquire lands in our country. (Roman Cath. Apostolic Adm., Inc. v. Land Registration Com. and Reg. of Deeds, L-8451, Dec.20, 1957)
xlv.
xlvi. Art 45: Juridical persons mentioned in Nos. 1 and 2 of the preceeding Article are governed by the laws creating or recognizing them. Private corporations are application on the subject. regulated by laws of general
Art 46: Juridical persons may acquire and possess 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. a. b. Effects of Juridical Personality: It can acquire and dispose of all kinds of property It can sue and be sued It can enter into contracts Sample cases: Recreation and Amusement Association of the Philippines v. City of Manila, GR No. L-7922, 22 Feb 1957
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. a. Two kinds of juridical persons: Public juridical persons - acquire personality the moment they are constituted according to law The state
Political subdivisions of the state (province, municipalities, etc.) Public corporations (those formed or organized for the government of a portion of a state and are primarily governed by the law or harter creating them)
Private juridical persons - begin to exist from the moment a certificate of incorporation is granted to it by the SEC (particularly for private corporations)

b. c.
Private corporations (regulated application on the subject)
by
laws
of
general
Partnerships (governed by the provisions of this Code concerning partnerships)
In the complaint filed with the lower court, plaintiff alleged that it was a non-stock corporation duly organized and existing in accordance with the laws of the Philippines. Subsequent inquiries from the Securities and Exchange Commission and the Bureau of Commerce disclosed that the Recreation and Amusement Association of the Philippines, Inc., is not registered and does not appear in the files of said Offices. When there is no legal organization of a corporation, the association of a group of men for business or other endeavors does not absorb the personality of the group and merge it into the personality of another separate and independent entity which is not given corporate life by the mere formation of the group. Such conglomeration of persons is incompetent to act as a corporation, cannot create agents, or exercise by itself authority in its behalf. MacDonald v. NCBNY, GR No. L-7991, 21 May 1956
Associations for private interest (governed by the provisions of this Code concerning partnerships) A juridical person has a personality separate and distinct from its owners, stockholders, partners and members. Sample cases: The Postal Savings Bank is a juridical person, separate and distinct from the government. The funds of said Bank do not belong to the government. A suit directed against the Postal
While an unregistered commercial partnership has no juridical personality, nevertheless, where two or more persons, attempt to create a partnership failing to comply with all the legal formalities, the law considers them as partners and the association is a partnership in so far as it is favorable to third persons, by reason of the equitable principle of estoppel.
Page 15
Ohta Development v. Steamship Pompey, GR No. 24658, 31 Mar 1926
He who contracts with a corporation as such cannot later deny its personality. Appellants challenged the personality of the plaintiff as a duly organized corporation. But besides the fact that there is evidence of this personality, appellants cannot challenge it after having acknowledged same when entering into the contract with the plaintiff as such corporation for the transportation of its merchandise. Mariano A. Albert v. University Publishing Co., Inc., GR No. L19118, 30 Jan 1965
(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines; (2) Those born in the Philippines of foreign parents who, before the adoption of said constitution, had been elected to public office in the Philippines; (3) Those whose fathers are citizens of the Philippines; (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship; (5) Those who are naturalized in accordance with law. a. Kinds of Filipino citizens: Natural born - those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship; this refer to children born in the Philippines with Filipino parents (Native born), and those born outside the Philippines with Filipino parents Naturalized citizens - foreigners who acquired Filipino citizenship through naturalization or judicial proceedings Citizens by election - children born of Filipina mother and an alien father under the 1935 Constitution who, upon reaching the age of majority, elected Filipino citizenship Theories in determining citizenship: Jus Soli - basis of citizenship is his place of birth (used in the USA) Jus Sanguines - basis is the citizenship of the childs parents; also known as citizenship by blood (adopted in the Philippines)
He who contracts with a corporation as such cannot later deny its personality. A person acting or purporting to act on behalf of a corporation which has no valid existence assumes each privileges and obligations and becomes personally liable for contracts entered into or for other acts performed as such agent.
Gelano v. Court of Appeals, GR No. L-39050, 24 Feb 1981 Even if a corporation has been dissolved, it can still continue prosecuting (as plaintiff) or defending (as a defendant) for the next three years, thru its legal counsel, who may be considered a trustee for this purpose.
b.
xlvii. Art
47: 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 of the same.
c.
d.
a.

Disposal of assets upon dissolution of public corporations: Apply the provisions of the law or charter creating them If there is no such provision, the assets will be for the benefit of the place which was already receiving the principal benefits during the existence of the corporation or association
Instances when dual and multiple citizenship may arise: Marriage By combined application of Jus Soli and Jus Sanguines By failure of a naturalized citizen to comply with certain legal requirements in his country of origin By legislative act of a state Voluntary act of the individual concerned Citizenship is a matter to be exclusively determined by the countrys own law.
Any question as to whether a person possesses the nationality of a particular state should be determined in accordance with the law of that state (Article 2, Hague Convention on Conflict of Nationality Laws, 12 Apr 1930) On the question if dual citizenship exists, the answer depends on whose point of view (Johnny Chausintek v. Republic, GR No. L-2755, 18 May 1951): From the viewpoint of the country directly involved, it does not exist From the viewpoint of a third state, it does exist Within a third State, a person having more than one nationality shall be treated as if he had only one. Without prejudice to the application of its law in matters of personal status and of any conventions in force, a third State shall, of the nationalities which any such person possesses, recognise exclusively in its territory either the nationality of the country Page 16
E.
Title 2: Citizenship and Domicile Citizenship is membership in a democratic political community; it is the status of being a citizen, or of owing allegiance to a certain state for the privilege of being under its protection. Citizenship is political in character; while, Nationality refers to a racial or ethnic relationship.
xlviii. Art 48: The following are citizens of the Philippines:
e.
in which he is habitually and principally resident, or the nationality of the country with which in the circumstances he appears to be in fact most closely connected. (Article 5, Hague Convention on Conflict of Nationality Laws, 12 Apr 1930) Stateless Individual: one who does not possess any citizenship Deprived of citizenship for any cause, such as commission of a crime Renounced his nationality by certain acts, express or implied Voluntarily asked for a release from his original state Combined application of Jus Soli and Jus Sanguines The Hague Conference of 1928 on International Private Law suggested that the personal law of stateless individuals shall be (Civil Code Book 1 by Paras, p 270): The law of the domicile (habitual residence); or Secondarily, the law of the place of temporary residence Effect of marriage on the citizenship of a Filipino woman:
Constitution, Article 4, Section 1(b): children whose fathers or mothers are citizens of the Philippines are also considered Filipinos xlix. Art 49: Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.
a.
b.
Naturalization: process of acquiring the citizenship of another country; refers to the entire process (generally judicial) of clothing or vesting an alien the rights and privileges of a Filipino citizen. Ways by which an alien may become a citizen by naturalization: Administrative naturalization pursuant to Republic Act No. 9139, also known as the Administrative Naturalization Law of 2000 Judicial Naturalization pursuant to Commonwealth Act No. 473, also known as the Revised Naturalization Law, as amended must possess all of the qualifications and none of the disqualifications Legislative naturalization in the form of a law enacted by Congress bestowing Philippine citizenship to an alien Qualifications for naturalizations: Must be at least 21 years old on the date of the hearing Must have resided in the Philippines for at least ten continuous years Must be of good moral character, and believe in the principle underlying the constitution, and must have conducted himself in a proper and irreproachable manner Must own real estate in the Philippines worth not less the P5K or a lucrative trade, profession, or calling Must know how to speak and write English or Spanish and any one of the principal Philippine languages Must enroll all his minor children of school age in any of the public schools or private schools recognized by the Bureau of Private Schools where Philippine government, history and civics are taught Disqualifications for naturalizations: Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized government Persons defending or teaching the propriety of violence, personal assault, or assassination for the success and predominance of their ideas Polygamist or believers in the practice of polygamy Those convicted of a crime involving moral turpitude Persons suffering from mental alienation or incurable contagious disease Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos Citizens or subjects of nations with whom the United States and the Philippines are at war Page 17
f.

g.
Remains to be a Filipina unless by her act or omission she is deemed, under the law, to have renounced here citizenship (Article 3, Section 2, 1973 Constitution)
Philippine citizenship is lost if she acquires the citizenship of her husband (prior to enactment of the 1973 Constitution) Effect of marriage of an alien woman to a Filipino citizen: Lao Chay, et al. v. Galang, GR No. L-19977, 30 Oct 1964
c.

It is now settled that under this provision, an alien woman, who is married to a citizen of the Philippines acquires the citizenship of her husband only if she has all the qualifications prescribed in Section 2 and none of the disqualifications provided in Section 4 of the law. Zita Ngo Burca v. Republic, GR No. L-24252, 30 Jan 1967 The SC ruled that the proper proceeding to be taken before an alien woman married to a Filipino man can be declared a Filipino citizen is a naturalization proceeding. Moy Ya Lim Yao v. Com. Of Immigration, GR No. L-21289, 4 Oct 1971
h.
We now hold, all previous decisions of this Court indicating otherwise notwithstanding, that under Section 15 of Commonwealth Act 473, an alien woman marrying a Filipino, native born or naturalized, becomes ipso facto a Filipina provided she is not disqualified to be a citizen of the Philippines under Section 4 of the same law. Likewise, an alien woman married to an alien who is subsequently naturalized here follows the Philippine citizenship of her husband the moment he takes his oath as Filipino citizen, provided that she does not suffer from any of the disqualifications under said Section 4. Citizenship of minor children: GR: minor children shall follow the citizenship of the father Under the 1935 Constitution, Article 4, Section 1(4): the child may opt to elect Philippine citizenship upon reaching the age of majority, 21 years old. (Citizen by election) Under the 1973 Constitution, Article 3, Section 1(b), which took effect on January 17, 1973, and under the 1987
d.
e.
f.
Citizens or subjects of a foreign country other than the United States, whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof Steps in Naturalization proceedings: Declaration of intention must be files one year prior to the filing of the petition for naturalization The petition for naturalization must then be filed Hearing of the petition After the approval of the petition, there will be a rehearing two years after the promulgation of the judgment Taking of the oath of allegiance to support and defend the constitution and the laws of the Philippines Venue, Appeal and Effects of Naturalization Petitions must be filed in the Regional Trial Court of the place where the petitioner resides Court of Appeals are vested with the appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of the Regional Trial Courts and quasi-judicial bodies (B.P. Blg. 129 or the Judiciary Reorganization Act of 1980) Naturalization of the father benefits his minor children; those already of legal age at the time of the naturalization are not benefited and will have to apply for naturalization themselves
An intention to remain there An intention to abandon the old domicile Domicile by operation of law Three basic rules to consider in case of controversies (Ugdoracion, Jr. v. Commission on Elections, 552 SCRA 231): A man must have a residence or domicile somewhere Domicile, once established, remains until a new one is validly acquired A man can have but one residence or domicile at any given time To successfully effect a change of domicile, one must demonstrate an actual removal or an actual change of domicile; a bona fide intention of abandoning the former place of residence and establishing a new one. Animus Manendi - the intention of remaining Animus Non Revertendi - the intention of not returning The purpose to remain in or at the domicile of choice must be for an indefinite period of time, must be voluntary, and the new residence at the place chosen for the new domicile must be actual. (Limbona v. Commission on Elections, 555 SCRA 391) Domicile of Juridical Persons: based on the law creating it; if silent, the place where its legal representation is made or where it exercises its principal functions Sample cases: Faypon v. Quirino, GR No. L-7068, 22 Dec 1954
d.
e.
l.
Art 50: For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. Art 51: When the law creating or recognizing them, or any other provision does not fiz the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions.
f.
g.
li.
a.
b.
Domicile: is the place of a persons habitual residence; that place where he has his true, fixed permanent home and principal establishment, and to which he has, whenever he is absent, the intention of returning, and from which he has no present intention of moving (Ong Huan Tin v. Republic, 19 SCRA 966) Differences between Residence and Domicile Residence used to indicate a place of abode, whether permanent or temporary; Domicile denotes a fixed permanent residence to which, when absent, one has the intention of returning Residence is not domicile; Domicile is residence coupled with the intention to remain for an unlimited time One can have several residences but he has only one domicile. Residence in contemplation of election laws is synonymous to domicile. (Ugdoracion, Jr. v. Commission on Elections, 552 SCRA 231) Domicile can be classified into: Domicile of origin Domicile of choice (requisites enumerated) Residence or bodily presence in the new locality
The determination of a person's legal residence or domicile largely depends upon intention which may be inferred from his acts, activities and utterances. The party who claims that a person has abandoned or lost his residence of origin must show and prove preponderantly such abandonment or loss.
In several cases we have ruled that mere absence from one's residence or origin domicile to pursue studies, engage in business, or practice his avocation, is not sufficient to constitute abandonment or loss of such residence. Imelda R. Marcos v. COMELEC, GR No. 119976, 18 Sep 1995
c.
We have stated, many times in the past, that an individual does not lose his domicile even if he has lived and maintained residences in different places. Residence, it bears repeating, implies a factual relationship to a given place for various purposes. The absence from legal residence or domicile to pursue a profession, to study or to do other things of a temporary or semi-permanent nature does not constitute loss of residence. Any person who transfers residence to another city, municipality or country solely by reason of his occupation; profession; employment in private or public service; educational activities; work in military or naval reservations; service in the army, navy or air force; the Page 18
constabulary or national police force; or confinement or detention in government institutions in accordance with law, shall be deemed not to have lost his original residence. (B.P. Blg. 881, Article 12, Section 117 also known as the Omnibus Election Code)
whose nature, consequences and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.
ii.
Art 2: No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a (2) Consent freely given in the presence of the solemnizing
officer. male and female; and
II.
NEW FAMILY CODE OF THE PHILIPPINES (EXECUTIVE ORDER NO. 209)
iii.
Art 3: The formal requisites of marriage are:
A.
i. ii.
Historical Background Signed into law by President Corazon C. Aquino on July 6, 1987 Draft finished on May 4, 1987 by the Civil Code Revision Committee of UP Law Center: a. Justice J.B.L. Reyes (Chairman)
(1) Authority of the solemnizing officer; (2) Valid marriage license except in the (3)
iii. iv.
Ms. Flora Eufemio of the DSWD Took effect on August 3, 1988 one year after the last publication in Manila Chronicle on August 4, 1987 as provided for in Article 257 of the Code (Modequillo vs Breva, 185 SCRA 766) Amended by Executive Order No. 227 on July 17, 1987 Title 1: Marriage, Chapter 1 Requisites of Marriage v. Art 1: Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution
b. c. d. e. f. g. h. i. j. k. l.
Justice Ricardo C. Puno (Co-Chairman) Justice Eduardo C. Caguioa Justice Flerida Ruth P. Romero Justice Leonor Ines Luciano Justice Alicia Sempio Diy Dean Fortunato Gupit, Jr. Dean Bartolome S. Carale Prof. Ruben F. Balane Prof. Esteban B. Bautista Prof. Araceli T. Baviera iv.
cases provided for in Chapter 2 of this Title; and A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
Art 4: The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35(2). A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.
B.
i.
Art 5: Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)
Page 19
ix. vi. Art 6: No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a) xi. vii. Art 7: Marriage may be solemnized by:
Art 9: A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title. (58a)
x.
Art 10: Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. (75a)
Art 11: Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:
(1) Any (2)
(3) (4)
(5)
incumbent member of the judiciary within the court's jurisdiction; Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted him by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect; Any ship captain or airplane chief only in the cases mentioned in Article 31; Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32; or Any consul-general, consul or vice-consul in the case provided in Article 10. (56a)
(1) Full name of the contracting party; (2) Place of birth; (3) Age and date of birth; (4) Civil status; (5) If previously married, how, when
(6) (7) Degree of relationship of the contracting parties; (8) Full name, residence and citizenship of the father; (9) Full name, residence and citizenship of the mother; and (10) Full name, residence and citizenship of the
guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years. The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. (59a)
and where the previous marriage was dissolved or annulled; Present residence and citizenship;
viii.
Art 8: The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office of the consul-general, consul or viceconsul, as the case may be, and not elsewhere, except in cases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)
xii.
Art 12: The local civil registrar, upon receiving such application, shall require the presentation of the original birth certificates or, in default thereof, the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. These certificates or certified copies of the documents required by Page 20
this Article need not be sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity. If either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original, or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths. Such instrument shall contain the sworn declaration of two witnesses of lawful age, setting forth the full name, residence and citizenship of such contracting party and of his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties shall be preferred as witnesses, or, in their default, persons of good reputation in the province or the locality. The presentation of the birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. (60a)
charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)
xv.
Art 15: Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)
xvi.
xiii.
Art 13: In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage. In case the death certificate cannot be secured, the party shall make an affidavit setting forth his circumstance and his or her actual civil status and the name and date of death of the deceased spouse. (61a)
Art 16: In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counsellor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counselling. Failure to attach said certificate of marriage counselling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage. Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counselling referred to in the preceding paragraph. (n)
xvii. xiv. Art 14: In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal
Art 17: The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all Page 21
persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication. (63a)
xxii.
Art 22: The marriage certificate, in which the parties shall declare that they take each other as husband and wife, shall also state:
xviii.
Art 18: In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for a marriage license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interested party. No filing fee shall be charged for the petition nor a bond required for the issuance of the order. (64a)
(1) The full name, sex and age of each contracting party; (2) Their citizenship, religion and habitual residence; (3) The date and precise time of the celebration of the (4) That (5) (6)
marriage; the proper marriage license has been issued according to law, except in marriages provided for in Chapter 2 of this Title; That either or both of the contracting parties have secured the parental consent in appropriate cases; That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases; and That the parties have entered into marriage settlements, if any, attaching a copy thereof. (67a)
xix.
Art 19: The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license. No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license. It shall, however, be issued free of charge to indigent parties, that is, those who have no visible means of income or whose income is insufficient for their subsistence, a fact established by their affidavit or by their oath before the local civil registrar. (65a)
(7)
xxiii.
xx.
Art 20: The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue, and shall be deemed automatically cancelled at the expiration of said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued. (65a)
Art 23: It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage, to the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate, the original of the marriage license and, in proper cases, the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8. (68a)
xxi.
Art 21: When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials. Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (66a)
xxiv.
Art 24: It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases. The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. (n)
xxv. CIVIL LAW 1: PERSONS AND FAMILY RELATIONS
Art 25: The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry Page 22
book strictly in the order in which the same are received. He shall record in said book the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. (n)
xxvi.
Art 26: All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38. (71a)
C.
Title 1: Marriage, Chapter 2 Marriages Exempt From License Requirement
D.
Title 1: Marriage, Chapter 3 Void and Voidable Marriages
E.
Page 23

Summary - Persons and Family Relations

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I.

Art 3: Ignorance of the Law excuses no one form compliance therewith.

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

Meralco v. Court of Appeals, GR No. L-39019, 22 Jan 1988

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

Felipe v. Leuterio, GR No. L-4606, 30 May 1955

Velayo v Shell Co. of the Phils., GR No. L-7817, 31 Oct 1956

Cebu Country Club Inc. v. Elizagaque, GR No. 160273, 18 Jan 2008

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

Wassmer v. Velez, GR No. L-20089, 26 Dec 1964

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

xxix. Art 29: When the accused in a criminal prosecution is acquitted

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

People v. Abelo Aragon, GR No. L-5930, 17 Feb 1954

De Leon v. Mabanag, 70 Phil 202 Page 13

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

Private corporations (regulated application on the subject)

Partnerships (governed by the provisions of this Code concerning partnerships)

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

Ohta Development v. Steamship Pompey, GR No. 24658, 31 Mar 1926

xlviii. Art 48: The following are citizens of the Philippines:

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

NEW FAMILY CODE OF THE PHILIPPINES (EXECUTIVE ORDER NO. 209)

Art 3: The formal requisites of marriage are:

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

(1) Any (2)

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

xxv. CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

Title 1: Marriage, Chapter 2 Marriages Exempt From License Requirement

Title 1: Marriage, Chapter 3 Void and Voidable Marriages

CIVIL LAW 1: PERSONS AND FAMILY RELATIONS

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