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Persons and Family Relations Reviewer - Vena Verga

Persons and Family Relations Reviewer - Vena Verga

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Published by lex libertadore
Persons and Family Relations Reviewer by Vena Verga under Justice Nimfa Cuesta Vilches, Ateneo Law School
Persons and Family Relations Reviewer by Vena Verga under Justice Nimfa Cuesta Vilches, Ateneo Law School

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Published by: lex libertadore on Apr 06, 2009
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06/29/2014

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Persons and Family Relations Reviewer Vena V. Verga
PERSONS AND FAMILY RELATIONS REVIEWER PERSONS AND FAMILY RELATIONS REVIEWER CIVIL CODE OF THE PHILIPPINES (R.A. 386)Art 1. This Act shall be known as the Civil Code of the Philippines
-
E.O. 48 of March 20, 1947
-
Roxas Code Commission
-
Dr. George Bacobo (chairman)
-
January 26, 1949 (passed by Congress)
Art. 2. Laws shall take effect after 15 days following the completion of theirpublication in the Official Gazette, unless it is otherwise provided. ThisCode shall take effect 1 year after publication.
-
Aug. 30, 1950 (took effect)
-
EO 200 (Aquino)
laws to be effective must be published either in theOfficial Gazette or in a newspaper of general circulation in the country.(Tañada v Tuvera
publication not to be in Official Gazette because of its erratic release and limited readership)
-
Intended to enable people to become familiar with the statute
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Must be in full
-
Publication is an indispensable requirement, absence of which willrender the law ineffective.
-
 “unless otherwise provided” (refers to 15day period, not publication
Art. 3. Ignorance of the law excuses no one from compliance therewith.
-
applies only to mandatory and prohibitory laws
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided
-
Law looks to the future.
-
Instances when a law may be given a
retroactive
effect:
o
When the law expressly provides for retroactivity (insofar as itdoes not prejudice or impair vested or acquired rights inaccordance with the Civil Code or other laws)
o
Curative or remedial(curing defects or adding to the meansof enforcing existing obligations). RULE: If the irregularityconsists in doing some act, or doing it in the mode which thelegislature might have made material by an express law, itmay do so by a subsequent one.
o
Procedural.(to avoid possible injustice)
o
Penal in character and favorable to the accused. (not ahabitual delinquent –if w/in 10 years from date of release orlast conviction of a crime, he is found guilty of any saidcrimes a third time or oftener.)
Art. 5. Acts executed against the provisions of mandatory and prohibitorylaws shall be void, except when the law itself authorizes their validity.
-
Mandatory Laws
omission of which renders the proceeding or acts towhich it relates generally illegal or void. Example: prescriptive periods
-
Prohibitory Laws
contain positive prohibitions and are couched in thenegative terms importing that the act required shall not be doneotherwise than designated. Example: “NO”…
-
However, if the law expressly provides for the validity of actscommitted in violation of a mandatory or prohibitory provision of astatute, such act shall be considered valid or enforceable.
Art. 6. Rights may be waived, unless the waiver is contrary to law, publicpolicy, morals or good customs, or prejudicial to a third person with a rightrecognized by law.
-
Waiver
intentional relinquishment of a known right; not presumedbut must be clearly and convincingly shown, either by expressstipulation or acts admitting no other reasonable explanation
-
A right to be validly waived, must be in existence at the time of thewaiver, and must be exercised by a duly capacitated person actuallypossessing the right to make the waiver. (presupposes that the partyhas knowledge of its rights, but chooses not to assert them)
Art. 7. Laws are repealed only by subsequent ones, and their violation ornon-observance shall not be excused by disuse, or custom, or practice tothe contrary. When the courts declare a law to be inconsistent with theConstitution, the former shall be void and the latter shall govern.Administrative or executive acts, orders and regulations shall be valid onlywhen they are not contrary to the laws or the Constitution.
-
Repeal
legislative act of abrogating through a subsequent law theeffects of a previous statute or portions thereof. May be either expressor implied.
Art. 8. Judicial decisions applying or interpreting the laws or theConstitution shall form part of the legal system of the Philippines.
-
Judicial decisions
o
although in themselves not laws, assume the same authorityas the statute itself.
o
Constitute evidence of what the law means.
o
 “legis interpretatio legis vim obtinet” 
interpretation placedupon the written law by a competent court has the force of law
o
SC decisions – authoritative and precedent-setting
o
Inferior courts decisions and Court of Appeals merelypersuasive
o
Apiag v Cantero (judge entered into2
nd
marriage withouthaving his first void marriage judicially declared a nullity, nota basis for immorality)
at that time, there was no need for judicial declaration of nullity
o
Wiegel v Sempio Dy
case where the Supreme Courtdeclared that there was a need for a declaration of nullity of avoid marriage.
/vvvergaPage 1 of 15
 
Persons and Family Relations Reviewer Vena V. Verga
Art. 9. No judge or court shall decline to render judgment by reason of thesilence, obscurity or insufficiency of the laws.
-
Ninguno non deue enriquecerse tortizeramente con dano de otro
When the statutes are silent or ambiguous, this is one of thosefundamental principles which the courts invoke in order to arrive at asolution that would respond to the vehement urge of conscience.
-
Justice Holmes – “Do and must legislate” to fill in the gaps in the law,because the mind of the legislator, like all human beings, is finite andtherefore cannot envisage all possible cases to which the law mayapply. Nor has the human mind the infinite capacity to anticipate allsituations.
Art. 10. In case of doubt in the interpretation and application of laws, it ispresumed that the lawmaking body intended right and justice to prevail.
-
Construction and interpretation come only after it has beendemonstrated that application is impossible or inadequate withoutthem.
Art. 11. Customs which are contrary to law, public order or public policyshall not be countenanced.Art. 12. A custom must be proved as a fact, according to the rules of evidence.
-
Custom
rule of conduct formed by repetition of acts, uniformlyobserved (practiced) as a social rule, legally binding and obligatory.
-
Juridical custom – can supplement statutory law or applied in theabsence of such statute.
-
Social custom – can’t supplement stat law or applied in the absence of statute.
-
Custom, even if proven, cannot prevail over a statutory rule or even alegal rule enunciated by the SC
Art. 13. When the law speaks of years, months, days or nights, it shall beunderstood that years are of 365 days each; months, of 30 days; days, of 24 hours; and nights from sunset to sunrise. If months are designated bytheir name, they shall be computed by the number of days which theyrespectively have. In computing a period, the first day shall be excluded,and the last day included.
-
If the extra day in a leap year is not a day of the year, because it is the366
th
day, then to what year does it belong? Certainly, it must belongto the year where it falls and, therefore, the 366 days constitute oneyear.
Art. 14. Penal laws and those of public security and safety shall beobligatory upon all who live or sojourn in the Philippine territory, subject tothe principles of public international law and to treaty stipulations.
-
Citizens and foreigners are subject to all penal laws. Will even attachregardless whether or not a foreigner is merely sojourning in Philterritory
BUT
they may however be immune from suit, and therefore,cannot be criminally prosecuted in the Philippines in certain caseswhere the Philippine government has waived its criminal jurisdictionover them on the basis of the principles of public international law andtreaty stipulations
-
1961 Vienna Convention on Diplomatic Relations – provided that theperson of the diplomatic agent shall be inviolable and he shall not beliable to any form of arrest or detention. He shall enjoy immunity fromcriminal jurisdiction of the receiving state.
Art. 15. Laws relating to family rights and duties, or to the status, conditionand legal capacity of persons are binding upon citizens of the Philippines,even though living abroad.
-
Nationality Rule
-
Tenchavez v Escano
the only absolute divorce recognized is one of the alien spouse. Filipino spouse can be said to have committedconcubinage (husband) or adultery (wife).
Art. 16. Real property as well as personal property is subject to the law of the country where it is situated. However, intestate and testamentarysuccessions, both with respect to the order of succession and to theamount of successional rights and to the intrinsic validity of testamentaryprovisions, shall be regulated by the national law of the person whosesuccession is under consideration, whatever may be the nature of theproperty and regardless of the country wherein said property may befound.
-
Applicability of National Law of decedent, in intestate or testamentarysuccession, with regard to:
o
Order of succession
o
Amount of successional rights
o
Intrinsic validity of the provisions of the will
o
Capacity to succeed
Article 17. The forms and solemnities of contracts, wills, and other publicinstruments shall be governed by the laws of the country in which they areexecuted. When the acts referred to are executed before the diplomatic orconsular officials of the Republic of the Philippines in a foreign country, thesolemnities established by Philippine laws shall be observed in theirexecution. Prohibitive laws concerning persons, their acts or property, andthose which have for their object public order, public policy and goodcustoms shall not be rendered ineffective by laws or judgmentspromulgated, or by determinations or conventions agreed upon in a foreigncountry.
-
Extrinsic validity – if act is valid where it is executed, even if said actwon’t be valid here, will be deemed as valid, nonetheless.
-
Diplomatic and consular officials are representatives of the state,therefore Philippine law should prevail if act is executed before adiplomat, in a foreign country. (basis: by rules of international law,host country where diplomat is assigned, waives its jurisdiction overthe premises of the diplomatic office of another country located in thesaid host country)
/vvvergaPage 2 of 15
 
Persons and Family Relations Reviewer Vena V. Verga
Art. 18. In matters which are governed by the Code of Commerce andspecial laws, their deficiency shall be supplied by the provisions of thisCode.HUMAN RELATIONSArt. 19. Every person must, in the exercise of his rights and in theperformance of his duties, act with justice, give everyone his due, andobserve honesty and good faith.
-
principle of abuse of rights.
-
Codifies the concept of what is justice and fair play so that the abuseof right by a person will be prevented.
-
Elements of abuse of right:
o
There is a legal right or duty
o
Which is exercised in bad faith
o
For the sole intent of prejudicing or injuring another
Art. 20. Every person who, contrary to law, willfully or negligently causesdamage to another, shall indemnify the latter for the same.
-
speaks of the general sanction for all the other provisions of law whichdo not especially provide their own sanction.
Art. 21. Any person who willfully causes loss or injury to another in amanner that is contrary to morals, good customs or public policy shallcompensate the latter for the damage.
-
fill in the countless gaps of the statutes, which leave so many victimsof moral wrongs helpless, even though they have actually sufferedmaterial and moral injury.
-
Deals with acts contra bonus mores – and has the following elements:
o
There is an act which is legal
o
But which is contrary to morals, good customs, public order,or public policy
o
And it is done with intent to injure.
***
Articles 19,20, and 21 are related to each other, and under these articles, anact which causes injury to another may be made the basis for an award of damages.Common Element: act must be intentional. However, art 20 does not distinguish: “willfully” or “negligently” * pari delicto
in equal fault, in similar offense or crime, equal in guilt or in legalfault.
Art. 22. Every person who through an act or performance by another, orany other means, acquires or comes into possession of something at theexpense of the latter without just or legal ground, shall return the same tohim.-
prevention of unjust enrichment. No person can claim what is not validlyand legally his or hers.
Art. 23. Even when an act or event causing damage to another’s propertywas not due to the fault or negligence of the defendant, the latter shall beliable for indemnity if through the act or event he was benefited.Art. 24. In all contractual, property or other relations, when one of theparties is at a disadvantage on account of his moral dependence,ignorance, indigence, mental weakness, tender age or other handicap, thecourts must be vigilant for his protection.
- in consonance with what is right and legal.
Art. 25. Thoughtless extravagance in expenses for pleasure or displayduring a period of acute public want or emergency may be stopped byorder of the courts at the instance of any government or private charitableinstitution.
-
to prevent inconsiderate and ostentatious activities during times of emergency
-
specifically provides for the entities which are given legal standing toseek an injunction:
o
any government or
o
private charitable institution.
Art. 26. Every person shall respect the dignity, personality, privacy andpeace of mind of his neighbors and other persons. The ff. and 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 another’s residence2.Meddling with or disturbing the private life or family relationsof another3.Intriguing to cause another to be alienated from his friends4.Vexing or humiliating another on account of his religiousbeliefs, lowly station in life, place of birth, physical defect, orother personal condition.
-
EXPLANATION OF COMMISSION TO INCLUSION OF ART 26 (Protectionof Human Dignity)
o
Sacredness of human personality is a concomitant of everyplan for human amelioration.
o
The touchstone of every system of laws, of the culture andcivilization of every country, is how far it dignifies man.
Art. 27. Any person suffering material or moral loss because a publicservant or employee refuses or neglects, without just cause, to perform hisofficial duty may file an action for damages and other relief against thelatter, without prejudice to any disciplinary administrative action that maybe taken.Art. 28. Unfair competition in agricultural, commercial or industrialenterprises, or in labor, through the use of force, intimidation, deceit,machination or any other unjust, oppressive or highhanded method shallgive rise to a right of action by the person who thereby suffers damage.
-
JUSTIFICATION by the 1947 Civil Code commission:
o
It is necessary in a system of free enterprise. Democracybecomes a veritable mockery if any person or group of persons by any unjust or highhanded method may depriveothers of a fair chance to engage in business or earn a living.
Art. 29. When the accused in criminal prosecution is acquitted on theground that his guilt has not been proved beyond reasonable doubt, a civil
/vvvergaPage 3 of 15

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