Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
75Activity

Table Of Contents

0 of .
Results for:
No results containing your search query
P. 1
A2013 Law 100 (Persons and Family Relations), EAPangalangan

A2013 Law 100 (Persons and Family Relations), EAPangalangan

Ratings:

1.0

(1)
|Views: 5,132 |Likes:
Published by Janz Serrano
annotated syllabus of Prof. E.A. Pangalangan of the UP College of Law

Sources:
Tolentino, Book I
Ma'am Beth's Case Doctrine book (I forget the title)
class discussions
Sempio-Diy
annotated syllabus of Prof. E.A. Pangalangan of the UP College of Law

Sources:
Tolentino, Book I
Ma'am Beth's Case Doctrine book (I forget the title)
class discussions
Sempio-Diy

More info:

Categories:Business/Law
Published by: Janz Serrano on Aug 13, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/22/2014

pdf

text

original

 
Law 100: Persons and Family RelationsProf. E. Aguiling-PangalanganA.Y. 2009-2010
1
 
Janz Hanna RiaA2013
I.
 
IntroductionA.
 
Intersection of Modern Constitutional Developments and Traditional Family Law
 
Article III, Section 1
: No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be deniedthe equal protection of the laws.
 
Article II, Section 12
: The State recognizes the sanctity of family life and shall protect and strengthen the family as a basicautonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The naturaland primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shallreceive the support of the Government.
 
Article II, Section 13
: The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical,moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage theirinvolvement in public and civic affairs.
 
Article II, Section 14
: The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before thelaw of women and men.
 
Article XV, Section 1.
The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen itssolidarity and actively promote its total development.
 
Article XV, Section 2
. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.
 
Article XV, Section 3
. The State shall defend: (1) The right of spouses to found a family in accordance with their religious convictionsand the demands of responsible parenthood; (2) The right of children to assistance, including proper care and nutrition, and specialprotection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development; (3) The right of the family to a family living wage and income; and (4) The right of families or family associations to participate in the planning andimplementation of policies and programs that affect them.
 
Article XV, Section 4
. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.
 
Overview of Due Process and Equal Protection Clauses
o
 
Griswold v. Connecticut
Facts
: Appellants were convicted of violating a Connecticut statute which makes it a crime for any person to use any drug or articleto prevent conception.
Held 
: The statute is unconstitutional because it violates the right to marital privacy which is a right under the penumbra of the Bill of Rights.
o
 
Eisenstadt v. Baird
Facts
: Appellee convicted of violating a Massachusetts statute which made it a crime for persons that are not physicians to sell, lend,or give away any contraceptives to unmarried persons.
Held 
: There is no fit between the statute and the goal of the state. In prohibiting the distribution of contraceptives to unmarriedpersons, the state irrationally and unwittingly imposes unwanted pregnancies from unsafe sex as a form of punishment, and violatesthe equal protection clause by providing dissimilar treatments to married and unmarried persons who are similarly situated.II.
 
Civil PersonalityA.
 
Concept and Classes of Persons
 
CC, 37
. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost onlythrough death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost
 
CC, 40
. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, providedit be born later with the conditions specified in the following article.
 
CC, 41
. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s w
omb.However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within 24hours after itscomplete delivery from the maternal womb
 
CC, 42
. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined bylaw, by contract, and by will.
 
CC, 43
. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first,whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at thesame time and there shall be no transmission of rights from one to other.
 
CC, 44
. The following are juridical persons: (1) the State and its political subdivisions; (2) other corporations, institutions, and entitiesfor public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law; (3)Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate anddistinct from that of each shareholder, partner or member.
 
CC, 45
. Juridical persons in 44(1) and 44(2) are governed by the laws creating or recognizing them. Private Corporations are regulatedby laws of general application on the subject. Partnerships and associations for private interest or purpose are governed by theprovisions of the CC concerning partnerships.
 
CC, 46
. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, inconformity with the laws and regulations of their organization.
 
Law 100: Persons and Family RelationsProf. E. Aguiling-PangalanganA.Y. 2009-2010
2
 
Janz Hanna RiaA2013
 
CC, 47
. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in 44(2), theirproperty and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on thispoint, the property and other assets shall be applied to similar purpose for the benefit of the region, province, city or municipalitywhich during the existence of the institution derived the principal benefits from the same.
 
Geluz v. CA
Facts
: Wife had
abortion three times; the first two known to the husband, but he didn’t know of the third.
Husband sued for damagesagainst the physician.
Held 
: Husband cannot be awarded for damages in behalf of his unborn child because the child did not acquire juridical capacity.
 
People v. Tirol
Facts
: During the pendency of the appeal, one of the accused died.
Held 
: The death of the accused extinguished his juridical personality. As such, he cannot be held liable criminally. However, the civilliabilities incurred by him remains to be determined which can be recovered from his estates.
 
Joaquin v. Navarro
Facts
: The son was shot dead while his mother was trapped inside the burning building. The question is who outlived who?
Held 
: The mother outlived the son: this theory is more tenable since this is based on facts. The theory that the son outlived the motheris merely presumptive. As such, inference that is based on evidence prevails over presumptions made by law [Rule 123 , Rules of Court]B.
 
Capacity to Act and Restrictions Thereon1.
 
Presumption of Capacity
 
Standard Oil Co. v. Arenas
Facts
: One of the surety
’s wife
was pleading that the mental incapacity of her husband at the time of the assumption of theobligation to pay, and as such, should be relieved from compliance with the earlier decision of the court to fulfill the obligation.
Held 
: For insanity to be a valid restriction on the capacity to act, it should meet the ff. requirements:
(1)
that the insanity ishabitual;
(2)
that the person was insane at the time the act was done;
(3)
that the act done directly arose from the person'sinsanity. Otherwise, the person is presumed to be capacitated. In this case, the facts do not prove that Villanueva did not possessthe necessary capacity to give efficient consent with respect to the bond which he freely executed.2.
 
Restrictions on the Capacity to Act
 
CC, 6
. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, orprejudicial to a third person with a right recognized by law.
 
CC, 38
. Minority, insanity, or imbecility, the state of being deaf-mute, prodigality and civil interdiction are mere restrictions oncapacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts orfrom property relations, such as easements.
 
CC, 39
. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of beingdeaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of thesecircumstances are governed in this code, other codes, the Rules of Court and in special laws. Capacity to act is not limited onaccount of religious belief or political opinion. A married woman, twenty-one [eighteen] years of age or over, is qualified for allacts of civil life, except in cases specified by law.
 
Minority
o
 
Effect on Contracts
 
CC, 1327 (1)
. The following cannot give consent to a contract: (1) Unemancipated minors
 
CC, 1390 (1)
. Art. 1390. The following contracts are voidable or annullable, even though there may have been no damage tothe contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract
 
CC, 1403 (3)
. Art. 1403. The following contracts are unenforceable, unless they are ratified: (3) those where both parties areincapable of giving consent to a contract.
 
CC, 1397
. The action for the annulment of contracts may be instituted by all who are thereby obliged principally orsubsidiarily. However, persons who are capable cannot allege the incapacity of those with whom they contracted; nor canthose who exerted intimidation, violence, or undue influence, or employed fraud, or caused mistake base their action uponthese flaws of the contract
 
CC, 1399
. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is notobliged to make any restitution except insofar as he has been benefited by the thing or price received by him.
 
CC, 1489
. All persons who are authorized in this Code to obligate themselves, may enter into a contract of sale, saving themodifications contained in the following articles. Where necessaries are those sold and delivered to a minor or other personwithout capacity to act, he must pay a reasonable price therefore. Necessaries are those referred to in Article 290
 
CC, 1426
. When a minor between eighteen and twenty-one years of age who has entered into a contract without the consentof the parent or guardian, after the annulment of the contract voluntarily returns the whole thing or price received,notwithstanding the fact the he has not been benefited thereby, there is no right to demand the thing or price thus returned
 
CC, 1427
. When a minor between eighteen and twenty-one years of age, who has entered into a contract without theconsent of the parent or guardian, voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation,there shall be no right to recover the same from the obligee who has spent or consumed it in good faith.
 
Law 100: Persons and Family RelationsProf. E. Aguiling-PangalanganA.Y. 2009-2010
3
 
Janz Hanna RiaA2013
 
Mercado v. Espiritu
Facts
: The appellants, when they entered into a contract of sale of estate with the appellee, actively misrepresentedthemselves as having reached the age of majority, when in fact they were still minors.
Held 
: The sale of the estate is valid, and they cannot be permitted afterwards to excuse themselves from compliance with theobligation assumed by them or seek their annulment.
 
Bambalan v. Maramba
Facts
: Bambalan, when he was still a minor, was coerced and intimidated by his mother to sign the sale of the land heinherited from his deceased father.
Held 
: The minor did not pretend to be of age (as opposed to Mercado), and his minority was well known to the purchaser(defendant). When this is the case, the contract is voidable.
 
Braganza v. de Villa Abrille
Facts
: At the time that the transaction (loan) was made, two of the parties were minors. They did not make it appear in thepromissory note that they were not yet of age.
Held 
: Minors have no juridical duty to disclose their inability. In order for them to be liable, the fraud must be actual and notconstructive. Mere silence when making a contract as to his age does not constitute fraud. Though not liable, minors shouldmake restitution to the extent that they profited from the money they received (the money they got were used for theirsupport during the Japanese occupation.
o
 
Effect on Marriage
 
FC, 5
. Any male or female of the age of eighteen years or upwards not other any of the impediment mentioned in Articles 37& 38, may contract marriage
 
FC, 35 (1)
. The following marriages shall be void from the beginning: (1) those contracted by any party below eighteen yearsof age even with the consent of parents or guardians.
o
 
Effects on Crime
 
RPC, 12
. Circumstances which exempt from criminal liability.
The following are exempt from criminal liability: (2) A personunder years of age. (3) A person over nine years of age and under fifteen, unless he has acted with discernment, in whichcase, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. When such minor isadjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph,shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise,he shall be committed to the care of some institution or person mentioned in said Art. 80.
 
RPC, 68
. Penalty to be imposed upon a person under eighteen years of age.
When the offender is a minor under eighteenyears and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, thefollowing rules shall be observed: 1. Upon a person under fifteen but over nine years of age, who is not exempted fromliability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, butalways lower by two degrees at least than that prescribed by law for the crime which he committed. 2. Upon a person overfifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always inthe proper period.
 
RA 9344
 
Sec. 6
. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commissionof the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention programpursuant to Section 20 of this Act.A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and besubjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall besubjected to the appropriate proceedings in accordance with this Act.The exemption from criminal liability herein established does not include exemption from civil liability, which shall beenforced in accordance with existing laws.
 
Insanity
o
 
Effect on Contracts
 
CC, 1327 (2)
. The following cannot give consent to a contract: (2) Insane or demented persons, and deaf-mutes who do notknow how to write.
 
CC, 1328
. Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during ahypnotic spell are voidable.
 
CC, 1399
. When the defect of the contract consists in the incapacity of one of the parties, the incapacitated person is notobliged to make any restitution except insofar as he has been benefited by the thing or price received by him.
o
 
Effect on Crimes
 
RPC, 12(1)
. Circumstances which exempt from criminal liability.
The following are exempt from criminal liability: 1. animbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person hascommitted an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or

Activity (75)

You've already reviewed this. Edit your review.
cristytacis liked this
Anna Lee Elcana liked this
1 thousand reads
1 hundred reads
Janine Mesina liked this
Si Kaye liked this
Michael Matias liked this
lex libris liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->