Law 100: Persons and Family RelationsProf. E. Aguiling-PangalanganA.Y. 2009-2010
Janz Hanna RiaA2013
. 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
: 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.
: Husband cannot be awarded for damages in behalf of his unborn child because the child did not acquire juridical capacity.
People v. Tirol
: During the pendency of the appeal, one of the accused died.
: 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
: The son was shot dead while his mother was trapped inside the burning building. The question is who outlived who?
: 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
: One of the surety
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.
: For insanity to be a valid restriction on the capacity to act, it should meet the ff. requirements:
that the insanity ishabitual;
that the person was insane at the time the act was done;
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
. 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.
. 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.
. 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.
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.
. 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
. 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.
. 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
. 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
. 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.