Pinatubo just erupted devastating results pero si Mister A, a person living in that

devastated area, decided to continue his party. Hes throwing one, an extravagant
party. The neighbor filed a case to stop A based on thoughtless extravagant under
Art. 25.
Answer no because that case can only be at the instance of a government or private
charitable institution. This is a law where a person given a locus standing is in the
law, very special.
Article 26 siguradong lalabas to sainyo siguradong lalabas to. Yung 26 27 hindi ito
natanong last time eh. Pero ito talaga, this was our prediction last year but never
came out.
Article 26. Every person shall respect the dignity, personality, privacy and peace of
mind of the neighbors. The following and similar acts, though may not constitute
criminal offense shall produce a cause of action for damages:
1.
2.
3.
4.

Prying into the privacy of anothers residence;

Meddling with or disturbing the private life or family relations of another;
Intriguing to cause another to be alienated from his friends;
Vexing or humiliating another on account of his religious beliefs.

When a neighbor is caught video surveillance directed on a neighboring business

office without the consent of the owner thereof at kinunan niya yung mga taong
pumapasok at lumalabas.
Defense nung hinabla, because he was charged under 26 for damages. Prying over
the privacy of anothers residence. Sabi niya as a defense, this is an office, not
residence. The Supreme Court ruled that such act violate the right to privacy under
Article 26 (1) pero residence nakalagay. The Supreme Court said that business
offices are included in Article 26.
Next case, remember this is prying into the privacy of anothers residence. Si mister
nagpunta sa red district para humanap ng prostitute nahuli ni misis. Misis filed a
case against the prostitute based on Art 26 (2) meddling with or disturbing the
private life or family relations of another. Pwede ba pumasok yun sa 26 (2)? Answer
no because the prostitute is just standing there she was the pursued and not the
pursuer. Look at this law, run, intriguing, meddling, vexing, it presupposes na may
ginagawa siya. But of course syempre the misis was damaged also. So where can
she go 19 20 or 21? Kase diba we know that Art 19 20 and 21 is a catch-it-all
provisions. So you go to 20 because prostitution is contrary to law. Anyone who ,
contrary to law ,causes damage to another shall be liable for damages. If you cant
find anything under 26, you always go to 19 20 and 21 so pwede pa rin.
Procedural law. Well siguro just memorize juridical capacity and capacity to act
because that is now questioned in the bar every now and then what is the
difference between juridical capacity and capacity to act.

When does civil personality start? It starts at the time of conception! Article 40 says
birth determines personality but we all know that Article 40 has already been
amended by Article 5 of PD 603 that provides: Civil personality of the child shall
commence from the time of his conception, for all purposes favorable to him,
subject to the requirements of Article 41 of the Civil Code. Provided that he be born
later, kaya suspensive condition din pala. Normal, he shall be considered as
completely delivered from the mothers womb when the fetus had an intra-uterine
life of less than 7 months, it is not deemed born if it dies within 24 hours. So less
than 7 months, he must live beyond the said hours. But if it is 7 months or more,
the child acquires personality immediately.
So a child in a mothers womb can ask support from another. A child from the
mothers womb can acquire donation from the mother.
Intra-uterine life. Yung mga first year nung nag tanong ako eh may sumagot, Sir
provided that if she has or he has less than intra-urinary life. Yung nakalagay dito
intra-uterine life! Correct class?
Pumunta si Mister Sonal sa OB nanganak yung asawa niya. Ang tingin niya sa less
than 7 months intra-uterine life nung bata ay kamukha ng best friend niya.
Nagkakaroon siya ng hallucinations. Sinakal niya yung bata, pinatay. In short, the
child died within less than 7 months. Did the child acquire civil personality? Answer
no. Wala pa rin. Okay class? Kasi less than. No condition, no ifs no buts. Correct
class? Like that hindi siya nabuhay beyond 24 hours so he did not acquire civil
personality.
Geluz v. CA
Sabi ng girlfriend niya, sweetheart I am pregnant. Sabi ng boyfriend ipaabort mo.
Inabort ni sweetheart and then nagpakasal sila. Or kasal sila, sweetheart paabort
mo, inabort ni misis. Pero nagkaroon ulit sila ng child after that, nagkasundo ulit sila
ipaabort. On the third time, nagkaroon ulit sila at hindi na sinabi ni misis pinaabort
na lang niya sa doctor.
So ang ginawa ngayon ni Geluz nagfile siya ng action for damages against the
doctor for depriving the child of a future life. Or Geluz or on in behalf of that child
who should have been given life. Question: Will the case prosper? The Supreme
Court said it will not, the suspensive condition did not occur under article 41. He
should have been born. Tinulungan pa rin si Geluz ng Supreme Court na ang banat
niya daw dapat ay ganito, na due daw ang damage because the action was contrary
to law, as an abuse of right under Article 20. Ikaw ba naman magkaroon ng
emotional distress. The Supreme Court said that the parents are being damaged in
their own right against the doctor who caused the abortion for the illegal arrest of
the normal development of the child, on account of distress or anguish nung
mismong parent but not of or in behalf of the child.

7610. What is important in 7610? What is important in 7610 is that mainly it

involves prostitution of the child. Any act of prostitution or anything in relation to
the prostitution of a child whether about to, after, during, is abuse of a child. But
there is also Section 10 which is all encompassing. It says, all other kinds of abuse.
Diyan pumapasok ang lahat ng klaseng abuse of a child. Prostitution and trafficking,
but then yung Section 10 kaya parating nagkakakaso sa Section 10. Correct class?
Pinagsisipa mo yung bata, Section 10. All other types of abuse. But again 7610 a
number of very important presumption.
Nasa exam, if you are found in a car with a child not related to you, presumed
prostitution and trafficking.
If you are found in a cubicle, with a child not related to you, in a hotel, motel,
apartment, presumed by the presumption of an attempt to prostitute or prostitution.
Ang tindi, diba class?
If you are travelling with a child not related to you, trafficking.
A pregnant mother executed an affidavit agreeing to have a child adopted with
consideration, trafficking.
Person engaging in the act of buying a child for an income, yun lang, presumed
trafficking.
Meron kang kasama diyan, pero di mo sasabihin yung purpose mo, ayun lang
presumed trafficking.
When a person engages in the act of finding children among low-income families,
hospitals, clinics, nurseries, day-care centers, or other child-during institutions who
can be offered for the purpose of child trafficking.
Obscene publications involving a child, trafficking.

There is an attempt to commit prostitution if you engaged the services of a child in a sauna bath,
massage, in an establishment, is a presumption of law.
So if you are found alone with a child, not being a relative, inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or
any other hidden or secluded area under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution, traffic pa rin yun.
So maybe its prostitution or trafficking yung pagbebenta ng bata but in Section 10
falls all other kinds of abuse.
Section 10. Any person who shall commit any other acts of child abuse, cruelty or
exploitation shall be responsible for some offense yung criminal penalty, ito yung
criminal penalty na pinepenalize na.

An establishment shall be deemed to promote or facilitate child prostitution and

other sexual abuse, child trafficking, other acts of abuse shall be punished under
the RPC.
Children below fifteen (15) years of age may be employed subject to the provisions
of the law.
Adoption.
You cannot go to a pregnant woman and say that, kapag nanganak ka na ha iaadopt
namin yan, okay lang ba sayo? Okay. If there is a contract or if there is an affidavit,
its void. Hindi lang don! Presumptive, may child abuse na under 7610, makukulong
ka pa.
Generally, under the Civil code under the family code aliens cannot adopt but under
the Domestic Code, they can adopt. Noon masyado tayong maingat ang aliens noon
hindi pwedeng mag adopt provided mag comply with certain requirements but now
aliens can adopt provided they have the qualifications of the Filipino if they were a
Filipino.
This is the only law where it is expressly stated the paramount interest of the child.
We can look into other international convention but our jurisprudence is just so rich
in relation to the paramount interest of the child. Hindi na natin kailangan yan but
its here, sabi ng batas.
Another stated is that, if you are adopting a stranger, hindi mo naman kaano ano
yung bata, there must be a showing that the child is not wanted for adoption by any
another member of the extended family. It cannot be. It must show first that no one
wants.
And then there is the mandatory psychological testing. You must undergo. The
biological parent, the adopter, and the child.
And then, the rescission, only the adopted can rescind. The adopter cannot rescind.
You are considered adopted, not from the finality of the adoption decree, but the
filing of the petition. Bumabalik. Thats another saving point in our adoption law.
If the child is abandoned, you need not go to court for the declaration of
abandonment, the DSWD declares. It is an administrative proceeding not a court
proceeding.
Adoption is purely transitory it creates a little fiction. The only relationship created
by adoption is parents and child. So technically, are you related to the legitimate
natural child of your adopter, no you are not related. Can you marry him or her
therefore? No because that is against public policy by express provision of the law
but you can marry the illegitimate child.

Is the father of your adopted, your grandfather? No. Hindi mo siya kaano ano. The
only relationship that is created, parent and child.
Succession in adoption. There must be wealth preparation. Does an adopted child
has the right of representation? There is a lot of conflicting views for this.
What is the right of representation? When do you have it? From whom do you have
it? Of course from your parents. Its actually your right to inherit because your
attendant parent is already gone by proximity role you are the next. But anyway
thats the longest in the time of representation. When the parents were deceased.
When the grandparent, the legitimate child shall have the right of representation.
But actually, the longest that legitimate child it was derived from the parents was
actually from the grandparents. A direct inheritance from the grandparent.
Does an adopted child has the right of representation? Some authorities would say
yes he have that right because under the law, The adoptee shall be considered the
legitimate son/daughter of the adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by law to legitimate
sons/daughters born to them without discrimination of any kind. Yun ang kanilang
legal basis why an adopted like a legitimate child have that right. Pero sinasabi ko
hindi pa rin, because under the civil code, under the family code, hindi, there is
none because the only relationship that is created is parent and child. At
discrimination na yun applies only to discrimination in relation to parent child and
the legitimate children. Kasi wala siyang kaano ano diyan e.
For example, yung sa intestate sucession under Section 18, the adopter(s) and the
adoptee shall have reciprocal rights of succession without distinction from
legitimate filiation.
Adopter, adoptee shall have reciprocal, yun lang. Paikot ikot lang yun sa kanila.
Reciprocal rights of succession without distinction from legitimate filiation. So kung
umiikot lang yun sa kanila, hindi kasama si grandfather.
Inter-country adoption law. Well ang sinasabi ng Supreme Court ay, ang sabi ng
batas, it is a short law that will shorten the legal process where the administrative
part is done in the Philippines but the judicial part is done abroad. An applicant
whether a foreigner or a non-resident Filipino in the Philippines or resident Filipino
abroad, apply here or with a duly accredited child agency abroad, for adoption.
And all applications, all documents, all materials, shall be sent to the Philippines and
the inter-country adoption board shall make the maximum process. He will call the
foreigner or the Filipino abroad to come here, and then they will bring that child
abroad where they will file a judicial proceedings for adoption. When that court
assumes jurisdiction, baka mawalan na tayo ng jurisdiction doon. And so the decree
issued by that court.

But what is interesting here, is that who may inter-country adopt, who are the
children that may be inter-country adopted. Ibang iba sa adoption. Because sa intercountry adoption, ang nakalagay diyan, when an alien is at least 27 years of age,
and 16 years of age of the child who will be adopted.
Who may be adopted, only legally, the children. Who are legally children, sabi ng
batas at yung at least 16 years. The age requirement is very important.

Reyes v. CA. Therapy nandoon. Kasi nakakalito din yun diba class. Ito yung sa
psychological incapacity.
Yung marriage license class ha, official certification from the? local civil registry.
Remember that the language in that certification is must not be tentative, is must
not be unclear, it must be definite that there is no marriage license. Any other
language that seems to be tentative will not qualify. Thats your Gomangayon v.
Gomangayon; abas v. abas.
After searching but the inadequacy of the staff, sabi lang, we could not locate the
marriage license, adequate or not? Not adequate sabi ng Supreme Court. Walang
clarity. No clarity at all.
Ang may clarity ganito, after exhausting efforts to look for a marriage license, there
is no marriage license. Period. Alright class? Or we found a marriage license a week
after but not in favor of the petitioner or the respondent. Yung ganun.
For some of your doubt if the other party is really married or not. Or if he really
entered into a contract of marriage with another, is a declaratory relief a remedy?
Orbecido, class sabi ng Supreme Court, yes.
Of course sa divorce, alam na natin yan. Filipino later a foreigner when he should be
a Filipino? At the time of divorce not at the time of marriage but at the time of
divorce. Foreigner gets that divorce and the divorce must capacitate him to remarry.
And also do not forget the petition for the recognition of the foreign judgment.
Voidable marriage, alam na natin yan. Just remember the technicality.
In a support case, De Castro v. Assidao-De Castro, pambihirang kaso yan kung hindi
mo nabasa yang kaso na yan mag iisip ka nalang. Diba class? The petitioner filed an
action for support against the husband for the latter to support their child and of
course, support also for the wife. But the husband in his defense, raised that the
marriage is null and void. The Supreme Court said that while the case filed was that
for support, the lower court has jurisdiction to determine the validity of the marriage
because a void marriage can be attacked collaterally. A separate action for
declaration of nullity is not required to be first filed before the lower court separate
from that case for support.

Alright class, a void marriage can be attacked collaterally, except in two cases.
Article 40, first marriage is void, you want to get married, you need to get a judicial
declaration of nullity. And the Second one class, donation propter nuptias, you want
to revoke your donation propter nuptias based on the ground that the marriage is
void, you must first go to court to declare your marriage void. Those are the two
cases, where direct attack is mandatory. In these two cases, the supreme court said
that it is always a condition sine qua non.
Pero kung gusto niyo ng direct attack, okay lang, no problem.
Ang tanong sa psychological incapacity diba class is homosexuality a ground for a
declaration of nullity?
If it affects the essential marital obligations and can be proven, edi punta ka sa
doctor, pwede naman. So there you are.
Damages of the losing party ng psychological incapacity, can he be held liable for
damages? No. Because psychological incapacity sabi ng Supreme Court precisely
being bad faith an essential element for moral damages.
Who in a civil case for bigamy could file for a bigamy case? Only the spouses. But in
a criminal case, then any people of the Philippines can.
Yung 5 year period nung sa legal impediment exception doon sa marriage license?
No, substantial compliance is required.
Judicial declaration of presumptive death when issued, the decision issued when
final and executory cannot be appealed in Rule 45 but can be in Rule 65 certiorari
on grave abuse of discretion.
If the absent person appears, the decision becomes functus officio because the
decision is merely a presumption, but that person must file an affidavit of
reappearance which will terminate the marriage and not the appearance per se. It
must be filed in the residence of the subsequent spouses.
Can a person suffering with a physical incapability to consummate become
psychological incapacity? Yes. Sabi ng Supreme Court.
Before a decree of nullity is issued, you dont need liquidation but if you do not
proceed with liquidation and you marry again we know that your subsequent
marriage is void.
The function of the fiscal is to make sure that there is no collusion. A fiscal claimed
that a fiscal must always be in the proceedings but he was not included in the
negotiation of the properties of the spouses. So if he was not included, and they
talked and he was not there, a matter that is involved in this case, so there
collusion. The Supreme Court said that hes wrong. Fiscal has nothing to do with the

property, a private matter. Therefore, he has no standing there, he cannot question

that.
The Supreme Court explained the concept of collusion. Collusion is a corrupt
agreement where you fabricate a ground and agree to use that ground because if a
ground did exist and a case was filed, there was no collusion. If a ground really
exists, there is no collusion.
A filed a case for nullity of marriage against B. B countered that the marriage is
definitely valid and asked for a legal separation. A filed a motion to hear the case. B
countered that teka wait, we are still within the cooling-off period, no case shall be
heart. A said, no I will continue with this case because the initial petition is one of
nullity of marriage where the 6months cooling-off period does not apply. Question 1:
in a nullity of marriage, is there a 6 months cooling-off period, answer is none. It
does not apply in nullity of marriage. Question 2: Should the judge recognize or
apply the 6 months cooling-off period, in this particular case, the SC said, yes, that
other remedy where the principal or incidental have likewise been sought in the
same action, it cannot dispense nor excuse compliance with the 6 months coolingoff period. In short, in any case, in any kind of case, if there is a form of action for a
legal separation, you must all have that 6 months cooling-off period.
Eh yung sa condonation, permissive counterclaim, diba permissive hindi naman yun
connected sa main issue eh, answer, we follow the rule, yes there must be. But
remember the amendment made by the VAWC class, when there is violence, there
is no cooling off period.
If you want to have the property judicially separated, so both the husband and the
wife agreed to have the conjugal property dissolved so they filed a voluntary
separation of property. They did not notify the creditors. Sabi ng batas dito, all
creditors of the absolute or conjugal as well as the personal shall be notified. A
judgment was issued, became final and executory. Is the judgment valid or void. It is
valid sabi ng Supreme Court. When the judgment dissolving the conjugal property
has become final and executory, the fact that the creditors were NOT notified will
NOT invalidate the judgment.
According to the SC a judgment upon a compromise agreement has all the force
and effect of any other judgment involving the parties but not binding upon the
parties who were not notified.
So non-notification is not a fatal defect. Alright baka lumabas yun.
Article 148 what is the condition sine qua non is that there must be actual proof,
prior actual proof of contribution. If you cannot proof actual proof of contribution of
both parties no co-ownership, no presumption of co-ownership will arise. Proof of
joint actual contribution.

Absolute community of property involving a foreign spouse. What if a property is

titled in favor of the foreigner, diba bawal yun class? Can the foreigner immediately
transfer it to a third person? Will that transfer be recognized? Yes. Lumipat na kasi
ulit sa pinoy eh.
Who can invoke that the home is a family home? Who could assert that? Only the
spouses of course, the owner, the head of the family, the owner in a conjugal. It
should be invoked at the earliest possible time otherwise waiver would set in, laches
would set in, estoppels would set in. It cannot be invoked anymore.
Court issued a decision or order, this is the amount of your support, broken down as
follows. When the implementation of the order came, the person ordered to give
support gave additional in the amount, extra amounts. Ngayon, ipapabawas yung
mga naibigay na hindi naman included sa order icecredit. The Supreme Court said,
General Rule, it cannot be deducted. What to be followed is the order of the court. It
also said that the court must use its wide discretion, the only thing that can be
deducted is the maintenance and sustenance. Any other thing like luxury will not be
deducted.
A and B married. They are legal separated. To B, shall go the children. A shall have
visitorial rights. In accordance with 230, the lower court said, in case of separation
of the parents, parental authority shall be exercised by the parent designated by the
lower court. The lower court giving the authority to B. Then B decided to have the
children adopted. Sabi ni B, A I dont need your consent because according to the
decree of the court, I am the only one designated with parental authority, and
therefore, I should be the one just to give the consent. And assuming that I need
your consent, you are in the US you abandoned us. Question: Is B correct? Number
1 is not correct because 230 when it said the court shall designate the parent, it is
merely a rule of reference. It does not terminate parental authority which can only
be terminated by cause according to the family code. Sexual abuse, adoption, cruel,
and banishment. In civil law, abandonment has a very technical relief. It is a
cessation or abdication of all parental right. So pumalit yung nakita. But if the
person visits you every now and then, visits you now and every 3 months. Thats
not abandonment. Thats de facto separation.