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Persons and Family Relations

Persons and Family Relations

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Published by MiGay Tan-Pelaez

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Published by: MiGay Tan-Pelaez on Aug 13, 2009
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A
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2007
Civil Law
SUMMER REVIEWER
 
 —Adviser:
Atty. Mel Sta. Maria, Dean Cynthia Roxas-Del Castillo
; Heads:
Joy Marie Ponsaran, Eleanor Mateo
;Understudies:
Joy Stephanie Tajan, John Paul Lim
;
 
Subject Heads:
Stephanie Michelle Tan, Joan Mae To
; Pledgees:
 Charles Francis Decangchon, Jamara Leigh Fernandez, Charmaine Haw, Kristelle Singson,
 —
 
LAW
 
ON
 
PERSONS
 
AND
 
FAMILY
 
RELATIONSPRELIMINARY TITLENew Civil Code:
took effect on
August 30, 1950WHEN LAWS TAKE EFFECT:
General Rule 
: 15 days after completion of publicationin OG or newspaper of generalcirculation
Exception: 
The law can provide for its own date ofeffectivity,
i.e.
, less than or greater than15 days after publication
Publication is MANDATORY (even if the lawprovides its own date of effectivity)
Publication must be in full (otherwise it is notdeemed published at all) since its PURPOSE isto inform the public of its contents-
Effect of Publication: 
The people are deemedto have conclusively been notified of the laweven if they have not read them.
COVERED BY PUBLICATION REQUIREMENT:
Presidential Decrees and Executive Orders
Administrative rules and regulations, if theirpurpose is to enforce or implement existing lawpursuant to a valid legislation
NOT COVERED BY THE REQUIREMENT OFPUBLICATION:
Interpretative regulations and thoseadministrative regulations internal in nature
Letters of Instructions
Municipal ordinances (because they arecovered by the Local Government Code)
Compliance with the Law:
 
Ignorance of the lawexcuses no one from compliance therewith.(
Ignorantia juris neminem excusat 
)
RETROACTIVITY:
 
Generally, laws are notretroactive.
Exceptions: 
PIERCER
 
1.
P
enal laws when favorable to the accusedwho is not a habitual delinquent2.
I
nterpretative statutes3. When the law itself
e
xpressly provides-
Exception to the exception: a. ex post facto 
law
b.
when retroactivity impairs theobligation of contract4.
R
emedial statutes5.
C
urative statutes6.
E
mergency laws7. Laws creating new
r
ights
Acts Violating Mandatory or Prohibitory Lawsare VOID
Exception: 
AVV
 1.
When law itself
a
uthorizes their validity
2.
When law makes the act only
v
oidableand not void
3.
When law makes the act
v
alid butpunishes the violator
REQUISITES OF A VALID WAIVER: RCCLF
1. Person making the waiver must have the
r
ight he is waiving2. He must have the
c
apacity to make thewaiver3. The waiver must be made in a
c
lear andunequivocal manner4. Such waiver is not contrary to
l
aw, publicorder, public policy, morals or good customsor is prejudicial to third person.5. If required,
f
ormalities must be complied with.
REPEAL OF LAWS
1. Express repeal - repeal of repealing law willnot revive the old law (unless expresslyprovided)2. Implied repeal - the provisions of thesubsequent law are incompatible with those ofthe previous law
Requisites: 
 1.
 
Both laws cover the same subject matter2. The latter law is repugnant to the earlier law
CUSTOMS
are
 
rules of conduct formed byrepetition of acts, uniformly observed as a socialrule, legally binding and obligatory
A local custom as a source of right cannot beconsidered by a court of justice unless suchcustom is properly established by competentevidence like any other fact
 
Juridical custom 
must be differentiated from
social custom 
. Juridicial custom cansupplement statutory law or applied in theabsence of such statute. Not so with socialcustom.
 
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Civil Law Summer Reviewer
 
A
TENEO
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PERATIONS
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Page 2 of 297
Custom, even if proven, cannot prevail over astatutory rule or even a legal rule enunciated bySupreme Court
REQUISITES FOR MAKING CUSTOM ANOBLIGATORY RULE: PPOT
1.
P
lurality of acts or acts have been repeatedlydone2. Generally
p
ractised by the great mass of thesocial group3. The community accepts it as a proper way ofacting, such that it is considered
o
bligatory upon all4. The practice has been going on for a long periodof
t
ime
STARE DECISIS
requires courts to follow the ruleestablished in earlier SC decisions. The doctrine,however, is not inflexible, so that when in the light ofchanging conditions, a rule has ceased to bebeneficial to the society, courts may depart from it.
LAWS APPLICABLE:1.
Penal Laws – principle of territoriality applies,those of public security and safety – obligatoryupon all who live or sojourn in the Philippines.
 2.
Status Laws – principle of nationality applies,Laws relating to family rights and duties or to thestatus, condition and legal capacity of personsbinding upon Filipino citizens even though livingabroad.
 
Exception: Article 26(2) of Family Code
 3.
Laws on property – 
lex rei sitae 
: real property aswell as personal property is subject to the law ofthe country where it is situated
 4.
Laws on forms and solemnities – 
lex loci celebrationis 
applies
 RULES ON INSTRINSIC VALIDITY OFCONTRACTS:
1. Law stipulated by parties shall be applied2. In default thereof and the parties are of thesame nationality, their national law shall beapplied3. If the parties are of different nationalities, thelaw of the place of the perfection of theobligation or of the performance shall governits fulfillment4. If the above places are not specified and theycannot be deduced from the nature andcircumstances of the obligation, then the lawof the passive subject shall apply5. RENVOL DOCTRINE: Where the conflictrules of the forum refer to a foreign law, andthe latter refers it back to the internal law, thelatter law (law of forum) shall applyIf the foreign law refers it to a third country, thesaid country’s law shall govern (transmissiontheory)
 CONFLICT RULES
 
LEXNATIONALISLEX RAESITAELEX LOCICELEBRATIONIS
Art. 15 NCC Art 16 NCC Art 17 NCCBasis:CitizenshipBasis: Law ofthe placewhere theproperty issituatedBasis: Law of theplace where thecontract wasexecutedCovers:family rightsand duties,status,condition,and legalcapacityCovers: realand personalpropertyCovers: only formsand solemnities(extrinsic validity)Exception:Article 26para. 2Family CodeExceptions:1. Capacity tosucceed2. Intrinsicvalidity ofthe will3. Amount ofsuccessionalrights4. Order ofsuccessionExceptions:1. Article 26 para.1 of Family Code(marriageinvolvingFilipinossolemnizedabroad, whensuch are void inthe Philippines)2. Intrinsic validityof contracts
Formalities for the acquisition, encumbering,and alienation of property shall not begoverned not by
lex rei sitae 
but
lex loci celebrationis 
 
Art. 17(1) speaks of the extrinsic validity ofcontracts, wills, and other public instruments. Itis silent on what law shall govern the intrinsicvalidity of contracts
DOCTRINE OF PROCESSUAL PRESUMPTION
The foreign law, whenever applicable, should beproved by the proponent thereof; otherwise, suchlaw shall be presumed to be exactly the same asthe law of the forum.
RULES ON PROHIBITIVE LAWS
General Rule: Prohibitive laws concerningpersons, their acts or property and laws whichhave for their object public order, public policy orgood customs are not rendered ineffective by
 
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Civil Law Summer Reviewer
 
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Page 3 of 297
laws, judgments promulgated or conventions agreedupon in foreign country.Exception: Art. 26 (2) of Family Code
PRINCIPLE
 
OF
 
ABUSE
 
OF
 
RIGHTS
 
(Art. 19)
When the right is exercised for the purpose ofprejudicing or injuring another
REQUISITES:
1. There is a legal right or duty;2. Which is exercised in bad faith;3. For the sole intent of prejudicing or injuringanother
DOCTRINE OF
VOLENTI NON FIT INJURIA
(towhich person assents is not esteemed in law asinjury)Pertains to self-inflicted injuries or to the consent toinjury which precludes the recovery of damages byone who has knowingly and voluntarily exposedhimself to danger, even if he is not negligent in doingso
ACTS
CONTRA BONUS MORES 
(Art. 21)
 presupposes loss or injury, material or otherwise,which one may differ as a result of such violation
ELEMENTS:
1. There is an act which is legal;2. But which is contrary to morals, goodcustoms, public order, or public policy;3. And it is done with intent to injure
Under Arts. 19 & 21 the act must be doneintentionally. However, Art. 20 does notdistinguish, the act may be done either willfully ornegligently, as long as the act is be contrary tolaw.
 
While a breach of promise to marry is notactionable, it has been held that to formally set awedding and go through and spend for all thewedding preparations and publicity, only to walkout of it when the matrimony was about to besolemnized is a different matter. Such act ispalpably and unjustifiably contrary to goodcustoms for which the defendant must be heldanswerable for damages in accordance with Art.21 of the NCC.
 ACCION
IN REM VERSO 
(Art. 22)
A
ction for recovery of what has been paid without justcause
REQUISITES:
1. Defendant has been enriched2. Plaintiff suffered a loss3. Enrichment of defendant is without just orlegal ground4. Plaintiff has no other action based oncontract, quasi-contract, crime, or quasi-delict
Distinguished from 
solutio indebiti: Mistake is anessential element in
solutio indebiti 
but not in
accion in rem verso 
.
PROTECTION OF HUMAN DIGNITY (Art. 26)
Every person shall respect the dignity, personality,privacy and peace of mind of his neighbors andother persons.
Acts which, though not criminal, producecause of action for damages, prevention, andother relief:
1. Prying into the privacy of another’sresidence;2. Meddling with or disturbing the privatelife or family relations of another;3. Intriguing to cause another to bealienated from friends;4. Vexing or humiliating another onaccount of his religious beliefs, lowlystation in life, place of birth, physicaldefect, or other personal condition
RELIEF AGAINST PUBLIC OFFICIALS (Art. 27)
A public officer who commits a tort or otherwrongful act, done in excess or beyond the scopeof his duty, is not protected by his office and ispersonally liable therefore like any privateindividuals
CIVIL ACTIONS
When accused is acquitted in a criminal casebecause his guilt was not proved beyondreasonable doubt: plaintiff may still file a civilaction for damages for the same act oromission.
Independent civil actions: Articles 31 to 34,2176- Art. 31: based on an obligation NOT arisingfrom felony- Art. 32: violation of civil liberties- Art. 33: defamation, fraud, and physicalinjuries- Art. 34: police refuses/fails to render aid orprotection to any person in case of danger tolife or property- Art. 2176: quasi-delict
Art. 36:
Prejudicial Questions
 General Rule : if both criminal and civil casesare filed in court, the criminal case takesprecedence.Exception : When there is a prejudicialquestion or a question that arises in a case,

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