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KATRINA LEGARDA | 1
PERSONS: Midterms Reviewer
NCC1-18
RAC 18-24:
Chapter 5
OPERATION AND EFFECT OF LAWS
Sec. 18. When Laws Take Effect. Laws shall take effect after fifteen
(15) days following the completion of
their publication in the Official
Gazette or in a newspaper of general
circulation, unless it is otherwise
provided.

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Sec. 19. Prospectivity. - Laws

shall have prospective effect unless
the contrary is expressly provided.
Sec. 20. Interpretation of Laws
and Administrative Issuances. - In the
interpretation
of
a
law
or
administrative issuance promulgated
in all the official languages, the
English text shall control, unless
otherwise specifically provided. In
case of ambiguity, omission or
mistake, the other texts may be
consulted.
Sec. 21. No Implied Revival of
Repealed Law.- When a law which
expressly repeals a prior law itself
repealed, the law first repealed shall
not be thereby revived unless
expressly so provided.
Sec. 22. Revival of Law
Impliedly Repealed. - When a law
which impliedly repeals a prior law is
itself repealed, the prior law shall

thereby be revived, unless the

repealing law provides otherwise.
Sec. 23. Ignorance of the Law. Ignorance of the law excuses no one
from compliance therewith.
Chapter 6
OFFICIAL GAZETTE
Sec. 24. Contents. - There shall be
published in the Official Gazette all
legislative acts and resolutions of a
public nature; all executive and
administrative issuances of general
application; decisions or abstracts of
decisions of the Supreme Court and
the Court of Appeals, or other courts
of similar rank, as may be deemed by
said courts of sufficient importance to
be so published; such documents or
classes of documents as may be
required so to be published by law;
and such documents or classes of
documents as the President shall
determine from time to time to have
general application or which he may
authorize so to be published.
The publication of any law,
resolution or other official documents
in the Official Gazette shall be prima
facie evidence of its authority.
NCC2/RAC18
Effectivity of NCC August 30, 1950
Cases:
1.
Pesigan v Angeles
a.
Executive orders

2.
Taada v Tuvera
a.
A6 6 1973 Constitution
matter of public concern
b.
Presidential Decrees
3.
Farias v Executive Secretary
a.
Defective effectivity clause
although does not make entire
law invalid
b.
Taada v Tuvera: unless it is
otherwise provided refers to the
date of effectivity and not the
requirement of publication itself,
which cannot in any event be
omitted.
c.Laws which amends old laws
4.
MRCA v CA
a.
Manchester
b.
Sun Insurance
c.Supreme Court Rulings
5.
National
Electrification
Administration v Gonzaga
a.
Not in OG or newspaper of
general circulation
b.
Electric Coop Election Code
c.Of general interest because
everyone consumes electricity
6.
Garcilliano
v
House
of
Representatives
a.
Xxx
NCC3: Ignorance of the law
excuses no one from compliance
therewith.
- Dictated by necessity
- Actual ignorance of the law
would thus afford immunity
Mistake of Fact:
Ignorantia facti may excuse
the
party
from
the
legal

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KATRINA LEGARDA | 2
consequences of his conduct; but not
ignorance of the law for ignorantia
juris neminem excusat.
Cases:
1.
Kasilag v Rodrigo
a.
Antichresis, done in good faith
2.
Elegado v CTA
a.
Foreigners cannot be any less
bound by our laws in our own
country
b.
Elegado was a Filipino lawyer
representing the foreign company
shows ignorance of the law.
3.
Manzano v Sanchez
a.
A judge ought to know that a
subsisting previous marriage is a
diriment
impediment,
which
would make the subsequent
marriage null and void

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NCC4:
Laws
shall
have
retroactive effect, unless
contrary is provided.

no
the

RPC22: Penal laws shall have

retroactive effect insofar as they
favor the person guilty of a felony,
who is not a habitual criminal,
although at the time of publication of
such laws a final sentence has been
pronounced and the convict is serving
the same.
FC256:
This
code
shall
have
retroactive effect insofar as it does
not prejudice or impair vested or
acquired rights in accordance with
the CC and other laws.

Exceptions to Rule:
A.
When the law itself so
expressly provides
B.
In case of remedial statutes
C.
In case of curative statues
D.
In case of laws interpreting
others
E.
In case of laws creating new
rights
Cases:
1.
Frivaldo v COMELEC
a.
The repatriation or Frivaldo
retroacted to the date of the filing
of his application on August 17,
1994.
2.
Gregorio v CA
a.
Retroactive
effect
of
procedural law; General Rule:
exception
b.
The retroactive effect of a
procedural law is not violative of
any right of a party who may feel
that he is adversely affected.
3.
Aruego Jr. v CA
a.
An action for compulsory
recognition and enforcement of
successional rights which was
filed prior to the advent of the FC
must be governed by A285 of the
CC and not by A175(2) of the FC.
b.
Its application will prejudice
the vested rights of private
respondent to have her case
decided under A285 of the CC.
4.
Cang v CA
a.
A256 of the FC provides for its
retroactivity insofar as it does not
prejudice or impair vested or

actual rights in accordance to the

CC and other laws.
b.
FC August 3, 1988: A188;
consent of adoption: (1) person to
be adopted (if 10 ); (2) parents
by nature;
5.
Francisco v CA
a.
NCC158 and 160 have been
repealed by the FC254 (not 253)
which took effect on August 3,
1988. Nonetheless, the SC cannot
invoke the new law in this case
without impairing the rights
pursuant to FC256 in relation to
FC105(2).
NCC5: Acts executed against the
provisions
of
mandatory
or
prohibitory laws shall be void,
except when the law itself
authorizes their validity. NCC17(3)
NCC6: Rights may be waived,
unless the waiver is contrary to
law, public order, public policy
morals, or good customs, or
prejudicial to a third person with
a right recognized by law.
Elements of Right:
1. Subjects
a.
Active entitled
demand the enforcement
the right
b.
Passive duty-bound
suffer its enforcement
i. Determinate person
personal rights

to
of
to

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ii. Indeterminate person
real rights
2. Object things or services to
satisfy human wants, physical or
spiritual.
3. Efficient Cause the fact that
gives rise to the legal relation

1.
He must actually have the
right which he renounces.
2.
He must have the capacity to
make the renunciation.
3.
The renunciation must be
made in a clear and unequivocal
manner.

Kinds of Rights:
1. Political participation of
persons in the government of
the State
2. Civil all others
a.
The
rights
of
personality human rights,
arise from the fact of being a
man. (right to damages)
b.
Family rights rights of
a person as a member of a
family
c.Patrimonial rights these
have property for their
object; economic satisfaction
of men (damages itself)
i.
Real rights
ownership, mortgage,
etc.
ii.
Personal rights
right to collect debt

Cases:
1.
PEFTOK v NLRC
a.
Quitclaims were prepared and
readied
by
PEFTOK
and
employees were forced to sign the
same for fear that they would not
be given their salary on pay day,
and worse, their services would
be terminated if they did not sign
the
said
quitclaims
under
controversy.
b.
NO VOLUNTARINESS
2.
Valderama v Macalde
a.
The
contention
of
the
petitioners that the respondents
had waived their right of first
refusal is not supported by
evidence.
(requirements
of
waiver)
3.
DM Consunji v CA
a.
The
claims
for
damages
sustained by workers in the
course of their employment could
be filed only under the Workmen
s Compensation Law, to the
exclusion of all further claims
under other laws. The CA held
that the case at bar came under
exception
because
private
respondent was unaware of
petitioners negligence when she

Renunciation of Waiver:
1.
The
right,
benefit
or
advantage must exist at the time
of the waiver
2.
Knowledge of such existence
3.
Intention to relinquish it
4.
Voluntary choice
Requirements of Waiver:

filed her claim for death benefits

from the State Insurance Fund.
NCC7: Laws are repealed only by
subsequent
ones,
and
their
violations and non-observance
shall not be excused by dis-use,
or custom or practice to the
contrary.
When the court declares a law to
be
inconsistent
with
the
Constitution, the former shall be
void and the latter shall govern.
Administrative or executive acts,
orders and regulations shall be
valid only when they are not
contrary to the laws or the
Constitution.
Kinds of Repeal:
1. Express or declared repeal contained
in
a
special
provision of a subsequent law
2. Implied or tactic repeal takes
place when the provisions of
the
subsequent
law
are
incompatible or inconsistent
with those of an earlier law
1987 Constitution
ARTICLE VIII
Judicial Department
SECTION 3. The Judiciary shall
enjoy
fiscal
autonomy.
Appropriations for the Judiciary
may not be reduced by the
legislature below the amount
appropriated for the previous year
and, after approval, shall be

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automatically
and
regularly
released.
Rarely implied repeal
There has to be LEGISLATIVE
INTENT to repeal
REPEAL BU IMPLICATION not
favored
Only a law can repeal a law
JURIS PRUDENCE judicial
decision
SC decisions are interpretations
to fill in legislations deficiencies
and provide a rule of a given
case
Cases:
1.
Mecano v COA
a. NO
implied
repeal.
Two
categories of implied repel:
i.
where provisions in the
two acts on the same
subject matter are in an
irreconcilable conflict, the
later act to the extent of the
conflict
constitutes
an
implied repeal.
ii.
if the later act covers
the whole subject of the
earlier one and is clearly
intended as a substitute, it
will operate to repeal the
earlier law.
Both are not
applicable to the RAC and
the Administrative Code of
1987.
2.
Solangon v Salazar
a.
Rationale of CA: Upon the
repeal of the Usury Law by
Central Bank Circular No. 905 on

22 December 1982, there is no

more interest ceiling or maximum
rate of interest, and the rate will
just depend on the mutual
agreement of the parties.
b.
Interest at 6% per month, or
72% per annum is iniquitous or
unconscionable,
and
hence,
contrary to morals (contra bonos
mores), if not against the law.
c.It is more consonant with justice
that the said interest rate be
reduced equitably.
d.
An interest of 12% per annum
is deemed fair and reasonable.
e.
The appealed decision of the
Court of Appeals is AFFIRMED
subject to the MODIFICATION that
the interest rate of 72% per
annum is ordered reduced to 12
% per annum
3.
Thornton v Thornton
a.
SC holds that the Family Code
Act of 1997 did not empower the
family courts to exclusively issue
writs of habeas corpus and it did
not revoke the capacity of SC and
CA to issue writs of habeas
corpus. In relation to the word
exclusive,
although
it
is
assumed that the language of the
laws
should
follow
common
understanding, the spirit of the
law
and
intention
of
the
lawmakers come first than legal
technicalities.
b.
The petition may likewise be
filed with the Supreme Court,
Court of Appeals, or with any of
its members and, if so granted,

the writ shall be enforceable

anywhere in the Philippines.
NCC8: Judicial decisions applying
or interpreting the laws or the
Constitution shall form a part of
the
legal
system
of
the
Philippines.
Doctrine of Stare Decisis the
decision of the SC becomes a judicial
precedent
to
be
followed
in
subsequent cases by all courts in the
land.
- Interpretation placed upon the
written law by a competent
court has the force of LAW.
- Forms a LAW of the land
Cases:
1.
De Roy v CA
a.
Non-publication
of
the
Habaluyas decision in the OG
b.
There is no law requiring the
the publication of SC decisions in
the OG before they can be binding
c.
Duty of lawyer in active la
practice to keep abreast of SC
decisions
particularly
where
issuances have been clarified,
consistently
reiterated,
and
published in the advanced reports
of GRs and in such publications as
the SCRA and law journals.
2.
Pesca v Pesca
a.
The interpretation placed upon
the written law by a competent
court has the force of law (legis
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b.

The intendment of the law has

been to confine the meaning of
psychological incapacity to the
most serious cases of personality
disorders clearly demonstrative of
an utter insensitivity or inability to
give meaning and significance to
the marriage. citing the Canon
Law

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NCC9: No judge or court shall

decline to render judgment by
reason of the silence, obscurity
or insufficiency of the laws.
RPC5: Duty of the court in
connection with acts which should be
repressed but which are not covered
by the law, and in cases of excessive
penalties. - Whenever a court has
knowledge of any act which it may
deem proper to repress and which is
not punishable by law, it shall render
the proper decision, and shall report
to the Chief Executive, through the
Department of Justice, the reasons
which induce the court to believe that
said act should be made the subject
of penal legislation.
In the same way the court shall
submit to the Chief Executive,
through the Department of Justice,
such statement as may be deemed
proper, without suspending the
execution of the sentence, when a
strict enforcement of the provisions of
this Code would result in the
imposition of a clearly excessive
penalty, taking into consideration the

degree of malice and the injury

caused by the offense
If the law is clear, it must be
applied: dura lex sed lex
In applying the law, the court
should discover and give effect to
its spirit. The spirit of the law may
be found in the precedents which
served as its basis as well as in
the history of its formation.
Customs may be defined as the
juridical rule which results from a
constant and continued uniform
practice by the members of a social
community, with respect to a
particular state of facts, and observed
with a conviction that it is juridically
obligatory.
Requisites of Custom:
(for custom to have the for of
suppletory rule)
1.
Plurality of acts, or various
resolutions of a juridical question
raised repeatedly in life;
2.
Uniformity, or identity of the
acts or various solutions to the
juridical question;
3.
General practice by the great
mass of the social group;
4.
Continued
performance
of
these acts for a long period of time;
5.
General conviction (by the
community)
that
the
practice
corresponds to a juridical necessity
or that it is obligatory;

6.
The practice must not be
contrary to law. Morals or public
order
Custom v Law
1.
Origin
a.
Custom

society;
spontaneous
b.
Law governmental power of
the State; conscious creation
2.
Form
a.
Custom tacit; not written
b.
Law express, written law
NCC10: In case of doubt in the
interpretation or application of
laws, it is presumed that the
lawmaking body intended right
and justice to prevail.
NCC11:
Customs
which
are
contrary to law, public order or
public
policy
shall
not
be
countenanced.
NCC 12: A custom must be
proved as a fact, according to the
rules of evidence.
1987 Constitution
ARTICLE XII
National Economy and Patrimony
SECTION 5. The State,
subject to the provisions of this
Constitution
and
national
development
policies
and
programs, shall protect the rights
of
indigenous
cultural
communities to their ancestral

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lands to ensure their economic,

social, and cultural well-being.
The Congress may provide
for the applicability of customary
laws governing property rights or
relations in determining the
ownership and extent of ancestral
domain.
ROC129 (2),(3):
What Need Not Be Proved
Sec.
2.Judicial
notice,
when
discretionary. A court may take
judicial notice of matters which are of
public knowledge, or are capable to
unquestionable demonstration, or
ought to be known to judges because
of their judicial functions. (1a)
Sec. 3.Judicial notice, when hearing
necessary. During the trial, the
court, on its own initiative, or on
request of a party, may announce its
intention to take judicial notice of any
matter and allow the parties to be
heard thereon.
After the trial, and before judgment
or on appeal, the proper court, on its
own initiative or on request of a
party, may take judicial notice of any
matter and allow the parties to be
heard thereon if such matter is
decisive of a material issue in the
case. (n)
Cases:
1.
Martinez v Van Buskirk
a.
Acts, the performance of
which has not proven destructive
or injurious and which have been
generally acquiesced in by society

for so long a time has to have

ripened into a custom, cannot be
held to be unreasonable or
imprudent and that, under the
circumstances, the driver was not
guilty of negligence in so leaving
his team while assisting in
unloading his wagon.
2.
Alonzo v Padua
a.
The petition before us appears
to be an illustration of the Holmes
dictum that "hard cases make bad
laws" as the petitioners obviously
cannot argue against the fact that
there was really no written notice
given by the vendors to their coheirs.
Strictly
applied
and
interpreted, Article 1088 can lead
to only one conclusion to wit, that
in view of such deficiency, the 30
day period for redemption had not
begun to run, much less expired
in 1977.
NCC13: When the law speaks of
years, months, days or nights, it
shall be understood that years
are of three hundred sixty-five
days each, months of thirty days;
days of twenty-four hours; and
nights from sunset to sunrise.
If months are designated by their
name, they shall be computed by
the number of days which they
respectively have.
In computing a period, the first
day shall be excluded, and last
day included.

No leap years

No weeks

ROC22: Section 1. How to compute

time.
In computing any period of time
prescribed or allowed by these Rules,
or by order of the court, or by any
applicable statute, the day of the act
or event from which the designated
period of time begins to run is to be
excluded
and
the
date
of
performance included. If the last day
of the period, as thus computed, falls
on a Saturday, a Sunday, or a legal
holiday in the place where the court
sits, the time shall not run until the
next working day.
RAC 31: Legal Periods. - "Year" shall
be understood to be twelve calendar
months; "month" of thirty days,
unless it refers to a specific calendar
month in which case it shall be
computed according to the number of
days the specific month contains;
"day," to a day of twenty-four hours;
and "night," from sunset to sunrise.
(ROC22: not applicable to contracts
Cases:
1.
Armigos v CA
a.
NCC13 (last paragraph) is
similar, but not identical, to 4 of
the Code of Civil Procedure which
provided that unless otherwise
specially provided, the time within
which an act is required by law to
be done shall be computed by
excluding the first day and

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KATRINA LEGARDA | 7
including the last; and if the last
be Sunday or a legal holiday, it
shall be excluded.
2.
Namarco v Tecson
a.
Years defined as 365 days,
months are of 30 days not the
natural or solar months unless
they are designated by name.
(Spanish Code)
b.
Change in legislation should
be done by the congress re:
NCC13
3.
Go It Bun v Dizon
a.
23 of the Interim Rules and
Guidelines promulgated by this
Court to implement BP129 clearly
states: Perfection of Appeal in
cases where appeal is taken, the
perfection of the appeal shall be
upon the expiration of the last day
to appeal by any party.
4.
Quiqui v Boncaros
a.
Their
Motion
for
Reconsideration, although dated
August 16, 1979, was filed with
the trial court on August 17, 1979
or one day beyond the 30-day
reglementary period prescribed
by Section 3 of Rule 41.
b.
SEC. 3. How appeal is taken.
Appeal may be taken by
serving upon the adverse party
and filing with the trial court
within thirty (30) days from notice
of order or judgment, a notice of
appeal, an appeal bond, and a
record on appeal. The time during
which a motion to set aside the
judgment or order or for a new

trial has been pending shall be

deducted, unless such motion fails
to satisfy the requirements of
Rule 37.
NCC14: applies to all
NCC15:
Filipinos
only.
Laws
relating to family rights and
duties, or to the status, condition
and legal capacity of persons are
binding upon citizens of the
Philippines, even though living
abroad.
FC26(2): where a marriage between
a Filipino citizen and a foreigner is
validly celebrated and a divorce is
thereafter validly obtained abroad by
the alien spouse capacitating him/her
to remarry, the Filipino spouse shall
have capacity to remarry under
Philippine law. (EO 227)
Cases:
1.
Barretto Gonzales v Gonzales
a. Matrimonial residence of the
couple has always been the
Philippines (both Filipinos), the
residence acquired in the State of
Nevada by the husband for the
purpose of securing a divorce was
not a bona fide residence and did
not confere jurisdiction upon the
court of the State to dissolve the
bonds of matrimony in which he
had entered in 1919.
2.
Tenchavez v Escao
a.
A foreign divorce between
Filipino citizens, sought and

decreed after the effectivity of the

NCC (RA386), is not entitled to
recognition as valid in the
Philippines; and neither is the
marriage contracted with another
party by the divorced consort,
subsequently
to
the
foreign
decree of divorce, entitled to
validity in this country.
3.
Board of Commission (CID) v
Dela Rosa
a. There being no proof of Chinese
law relating to marriage, there
rises a presumption that it is the
same as that of Philippine
law..Santiago (grandfather) was
not pressed by the CID to prove
the laws of China relating to
marriage, having been content
with his testimony that the
Marriage Certificate was lost or
destroyed during the Japanese
occupation of China.
NCC17:
The
forms
and
solemnities of contracts, will, and
other public instruments shall be
governed by the laws of the
country
in
which
they
are
executed.
When the acts referred to are
executed before the diplomatic
or consular officials of the RP in a
foreign country, the solemnities
established be Philippine laws
shall
be
observed
in
their
execution.
Prohibitive
laws
concerning
persons, their acts or property,

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KATRINA LEGARDA | 8
and those which have for their
object public order, public policy
and good customs shall not be
rendered ineffective by laws or
judgments promulgated, or by
determinations or conventions
agreed upon in a foreign country.
Case:
German v Donaldson
Held that a power of attorney
executed in Germany, should be
tested as to its formal validity by
the laws of that country and not
by the provisions of the CC.
Government v Frank contract
was entered into in Illinois by a
minor in the Philippines but had
the capacity in Illinois.

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NCC19: Every person must, in the

exercise of his rights and in the
performance of his duties, act
with justice, give everyone his
due, and observe honesty and
good faith.
To grant indemnity for damages
in cases where there is abuse of
rights, even when the act is not
illicit.
(READ TOLENTINO)
NCC20:
Every
person
who,
contrary to law, willfully or
negligently causes damage to
another, shall indemnify the
latter for the same.

NCC21: Any person who willfully

causes loss or injury to another
in a manner that is contrary to
morals, good customs or public
policy shall
compensate the
latter for the damage.
NCC22:
Every
person
who
through an act or performance by
another, or any other means,
acquires
or
comes
into
possession of something at the
expense of the latter without just
or legal ground, shall return the
same to him.
Cases:
1.
People v Ritter
a.
Moral and exemplary damages
are awarded to the victims heirs
despite acquittal of accused on
grounds of reasonable doubt.
Furthermore,
it
does
not
necessarily
follow
that
the
appellant is also free from civil
liability
which
is
impliedly
instituted with the criminal action.
b.
Doctrin (Urbano v IAC) a
person while not criminally liable,
may still be civilly liable.
2.
De
Tavera
v
Philippine
Tuberculosis Society, Inc.
a.
The provisions of the NCC oh
Human Relations are merely
guides for human conduct in the
absence
of
specific
legal
provisions
and
definite
contractual stipulations. The Code
of By-laws of the Society contains

specific provisions governing the

term of office of petitioner.
3.
Llorente v Sandiganbayan
a.
Made to pay damages under
A19
4.
Carpio v Valmonte
a.
To find the existence of a
abuse of right, the following
elements must be present:
i.
There is a legal right or
duty;
ii.
Which is exercised in
bad faith;
iii.
For the sole intent of
prejudicing
or
injuring
another.
b.
A person should be protected
only when he acts in the
legitimate exercise of his right,
that is when he acts with
prudence and good faith, but not
when he acts with negligence or
abuse.
5.
Nikko Hotel Manila Garden v
Reyes (Amay Bisaya)
a. Elsewhere, we explained that
when "a right is exercised in a
manner which does not conform
with the norms enshrined in
Article 19 and results in damage
to another, a legal wrong is
thereby committed for which the
wrongdoer must be responsible.
The
object
of
this
article,
therefore, is to set certain
standards
which
must
be
observed not only in the exercise
of ones rights but also in the
performance of ones duties.

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KATRINA LEGARDA | 9
These standards are the following:
act with justice, give everyone his
due and observe honesty and
good
faith.
Its
antithesis,
necessarily, is any act evincing
bad faith or intent to injure. Its
elements are the following: (1)
There is a legal right or duty; (2)
which is exercised in bad faith; (3)
for the sole intent of prejudicing
or injuring another. When Article
19 is violated, an action for
damages is proper under Articles
20 or 21 of the Civil Code.

Tina Reyes C2013

NCC37: juridical capacity, which

is the fitness to be the subject or
legal relations, is inherent in
every natural person and is lost
only through death. Capacity to
act, which is the power to do acts
with legal effect, is acquired and
may be lost.
Kinds of Capacity;
(Juridical capacity can exist without
capacity to act)
Juridical Capacity
o Legal capacity
o Personality
o Aptitude for the holding and
enjoyment of rights
o Fitness of man to be the subject
of legal relations
Capacity to Act
o Aptitude for the exercise of
rights
o Referred merely as capacity

o The ability, poser, qualification,

or competency or persons,
natural or artificial, for the
performance
of
civil
acts
depending on their state or
condition (status) as defined or
fixed by law
o Power to do acts with legal
effect
NCC38: Minority, insanity or
imbecility, the state of being
deaf-mute, prodigality and civil
interdiction are mere restrictions
on capacity
NCC38 restrictions on capacity
to act but does not render it void
Minority is now 18 years old
(RA6809); a person below such
age is a minor, and has a limited
capacity
to
act.
The
unemancipated
minor
cannot
enter into contracts (NCC1327
par1); gut he may be estopped
from disavowing his contract if he
has misled the other party as to
his age.
NCC39:
The
following
circumstances, among others,
modify or limit capacity to act:
age, insanity, imbecility, the
state of being a deaf-mute,
penalty,
prodigality,
family
relations,
alien-age,
absence,
insolvency and trusteeship. The
consequences
of
these

circumstances are governed in

this Code, other codes, the ROC,
and in special laws. Capacity to
act is not limited on account of
religions
belief
or
political
opinion.
A married woman, 21 years of
age (now read as 18 because
RA6809 reduced age of majority
to 18 years) or over, is qualified
for all acts of civil life, except in
cases specified by law.
NCC40:
Birth
determines
personality; but the conceived
child shall be considered born for
all purposes that are favorable to
it, provided it be born later with
the condition specified in the
following article.

Birth removal of the fetus from

the mothers womb; may be natural

or artificial.
Fetus is not a person, because of
the expectancy that it may be born,
the .aw protects it and reserved its
rights, making its legal existence, if
it should be born alive, retroact to
the moment of its conception.
Personality of Conceived child:
(1)limited,
only
for
purposes
favorable
to
the
child;
(2)
provisional or conditional, depends
on the child being born alive later,
such that if it is not born alive, its
personality disappears as if it had
never existed.

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KATRINA LEGARDA | 10
NCC41: For civil purposes, the
fetus is considered born if it is
alive
from
the
time
it
is
completely delivered from the
mothers womb. However if the
fetus had an intra-uterine life of
less than seven months, it is not
deemed born if he dies within 24
hours after its complete delivery
from the maternal womb.

Separation

from mother
produced by the cutting of the
umbilical cord, whether naturally
or through surgical operation
It is enough that the child lives
even for an instant
Premature Birth the Code
requires the child should live at
least 24 hours after complete
separation from the mothers
womb.

Tina Reyes C2013

(1987)Constitution, A2, S12:

Right of the mother and right of the
unborn child from conception
(1975)PD 605: Child and Youth
Welfare Code
A5: unborn child has rights
RPC 1932
NCC 1950
FC 1958
Cases:
1.
Roe v Wade

a.
3-6
months
(trimesters);
stages of birth is equal to a childs
PERSONALITY
b.
In the US, a fetus is not a
person, as compared to the
Philippines
2.
Geluz v CA (changed by
A2S12 of the Consti)
a. Dead child has no right
b.
Against the 1987 Constitution
and PD603
c.Legal capacity e.g. inheritance
d.
LIFE
at
BIRTH:
absolute
precedent of rights
3.
Quimiging v Icao
a.
There was no mention of how
old the unborn child was
b.
Rights of the fetus were
recognized because of NCC40
c.Legal Ralations Personality
Legal Capacity
4.
De Jesus v Syquia
a.
An unborn child can get
support and be recognized
b.
Plaintiff begot a child with the
defendant, the latter wrote letters
to a priest recognizing the child as
his, before the child was born,
asking the priest to baptize the
child after it was born; it was held
that those letters could be the
basis of an action for the
compulsory acknowledgment of
the child by the defendant after
its birth.
NCC42:
Civil
personality
is
extinguished by death. The effect
of death upon the rights and

obligations of the deceased is

determined by law, by contract
and by will.

This article refers to natural or

physical death, because this is

the only kind of death recognized
by the present legislation; does
not apply to civil death
Upon the death of a person, the
subject
of
legal
relations
disappear
Cases:
1.
Limjoco v Intestate Estate of
pio fragante
a.
Estate continues personality
b.
The state or the mass of
property, rights and assts left by
the decedent, instead of the heirs
directly, become vested and
charged with his rights and
obligations which survive after his
demise. Under the present legal
system, rights and obligations
which survive after death have to
be exercised and fulfilled only by
the estate of the deceased.
2.
Dumlao v Quality Plastics
a.
Service of summons on a dead
person is void. He had no more
civil personality. His juridical
capacity, which is the fitness to be
the subject of legal relations, was
lost through death.
3.
Eugenio Sr. v Velez
a.
A man and woman not legally
married who cohabit for many
years as husband and wife, who

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KATRINA LEGARDA | 11

Tina Reyes C2013

represent themselves to the

public as husband and wife, and
who are reputed to be husband
and wife in the community where
they live may be considered
legally married in common law
jurisdictions but not in the
Philippines.
b.
Right to bury a dead person
does not include a common law
husband who is still married.
4.
Marcos v Manglapus
a.
Death of Mr. Marcos has not
changed the factual scenario
under which the Courts decision
was rendered
b.
The
threats
to
the
government, to which the return
of the Marcoses has been viewed
to provide a catalytic effect, have
not been shown to have ceased.
Provisional Personality
A.
Capacity to be part of legal
relations when you are born
B.
Capacity to act
a.
Does not make an act void
(because of limitations)
b.
Capacity to do acts with legal
effects
c.Types:
i. Voidable Act
ii. Unenforceable act
1. Incapacitated parties
2. Both parties are incapable of
giving consent
iii. Void act
1.
NCC1409
DEATH:

Summons not served prior to

death have no effect
Even after death you can still
pose a threat to the country
Everybody
dies
of
cardio
respiratory failure
JURIDICAL PERSON dies when it
terminates its existence
o Human beings
o Provisional (baby in womb)
o Quasi (property)
NCC43: If there is doubt, as
between two or more persons
who are called to succeed each
other, as to which of the 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 the same time and there
shell be no transmission of rights
from one to other.

strength and the age of the sexes,

according to the following rules:
1.If both were under the age of fifteen
years, the older is deemed to have
survived;
2.If both were above the age sixty,
the younger is deemed to have
survived;
3.If one is under fifteen and the other
above sixty, the former is deemed to
have survived;
4.If both be over fifteen and under
sixty, and the sex be different, the
male is deemed to have survived, if
the sex be the same, the older;
5.If one be under fifteen or over sixty,
and the other between those ages,
the latter is deemed to have survived.

Applies only when the question of

survivorship
involves
persons
who are called to succeed each
other.

(kk)That 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, they shall be
considered to have died at the same
time. (5a)

ROC131 S3 (jj kk):

(jj)That except for purposes of
succession, when two persons perish
in the same calamity, such as wreck,
battle, or conflagration, and it is not
shown who died first, and there are
no particular circumstances from
which it can be inferred, the
survivorship is determined from the
probabilities
resulting
from
the

Case:
1.
Joaquin v Navarro
a.
Jr. died before mother
b.
The evidence of survivorship
need not be direct, it may be
indirect,
circumstantial
or
inferential. Where there are facts,
known or knowable, from which a
rational conclusion can be made,
the presumption does not step in,

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KATRINA LEGARDA | 12
and the rules of preponderance of
evidence controls.

Tina Reyes C2013

NCC44: The following are juridical

persons:
(1)
The State and its political
subdivisions;
(2)
Other
corporations,
institutions, and entities for
public
interest
or
purpose,
creates 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
and
distinct from that of each share
holder, partner or member.
NCC45:
The
juridical
person
mentioned in Nos. 1 and 2 of the
preceding article are governed by
the laws creating or recognizing
them.
Private
corporations
are
governed by laws of general
application on the subject.
Partnerships are associations for
private interest or purpose are
governed by the provisions of
this
Code
concerning
partnerships.
Corporations Code (BP68):
Sec. 2. Corporation defined. - A
corporation is an artificial being
created by operation of law, having

the right of succession and the

powers, attributes and properties
expressly authorized by law or
incident to its existence.
Sec. 4. Corporations created by
special
laws
or
charters.
Corporations created by special laws
or charters shall be governed
primarily by the provisions of the
special law or charter creating them
or applicable to them, supplemented
by the provisions of this Code, insofar
as they are applicable.
Sec. 17. Grounds when articles of
incorporation or amendment may
be rejected or disapproved. - The
Securities and Exchange Commission
may
reject
the
articles
of
incorporation or disapprove any
amendment thereto if the same is not
in compliance with the requirements
of this Code: Provided, That the
Commission
shall
give
the
incorporators a reasonable time
within which to correct or modify the
objectionable portions of the articles
or amendment. The following are
grounds
for such
rejection or
disapproval:
1. That the articles of incorporation
or any amendment thereto is not
substantially in accordance with the
form prescribed herein;
2. That the purpose or purposes of
the
corporation
are
patently
unconstitutional, illegal, immoral, or
contrary to government rules and
regulations;

3. That the Treasurer's Affidavit

concerning the amount of capital
stock subscribed and/or paid if
false;
4. That the percentage of ownership
of the capital stock to be owned by
citizens of the Philippines has not
been complied with as required by
existing laws or the Constitution.
No articles of incorporation or
amendment
to
articles
of
incorporation of banks, banking and
quasi-banking institutions, building
and
loan
associations,
trust
companies and other financial
intermediaries,
insurance
companies,
public
utilities,
educational institutions, and other
corporations governed by special
laws shall be accepted or approved
by
the
Commission
unless
accompanied
by
a
favorable
recommendation of the appropriate
government agency to the effect
that such articles or amendment is
in accordance with law.
NCC1767-1768:
Art. 1767. By the contract of
partnership two or more persons bind
themselves to contribute money,
property, or industry to a common
fund, with the intention of dividing
the profits among themselves.
Two or more persons may also form a
partnership for the exercise of a
profession. (1665a)
Art. 1768. The partnership has a
judicial personality separate and

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KATRINA LEGARDA | 13
distinct from that of each of the
partners, even in case of failure to
comply with the requirements of
Article 1772, first paragraph. (n)

Tina Reyes C2013

NCC46: Juridical persons may

acquire and posses property of
all kinds, as well as incur
obligations and bring civil or
criminal actions, in conformity
with the laws and regulations of
their organization.
NCC47: Upon the dissolution of
corporations,
institutions
and
other entities for public interest
or purpose mentioned in No. 2 of
article 44, their property and
other assets shall be disposed of
in pursuance of law or the
charter creating them. If nothing
has been specified on this point,
the property and other assets
shall be applied to similar
purposes for the benefit of the
region,
province,
city
or
municipality which during the
existence
of
the
institution
derived the principal benefits
from the same.
Cases:
1.
Barlin v Ramirez
a.
The Roman catholic Church is
a juridical person in the Philippine
Islands
b.
Prior to the cession of the
Philippines to the US, the King of
Spain was not the owner of the
consecrated churches therein and

had no right to the possession

thereof. The exclusive right to
such possession was in the
Roman Catholic Church and such
right has continued since such
cession and now exists.
2.
Camid
v
Office
of
the
President
a.
It has been opined that
municipal corporations may exist
by prescription where it is shown
that the community has claimed
and
exercised
corporate
functions, with the knowledge and
acquiescence of the legislature,
and
without
interruption
or
objection for period long enough
to afford title by prescription.
3.
Catalan v Basa
a.
A
person
suffering
from
schizophrenia
does
not
necessarily lose his competence
to
intelligently
dispose
his
property
b.
In order for donation of
property to be valid, what is
crucial is the donors capacity to
give consent at the time of the
donation.
NCC38:
NCC38 restrictions on capacity
to act but does not render it void
Minority is now 18 years old
(RA6809); a person below such
age is a minor, and has a limited
capacity
to
act.
The
unemancipated
minor
cannot
enter into contracts (NCC1327
par1); gut he may be estopped

from disavowing his contract if he

has misled the other party as to
his age.
NCC39:
The
following
circumstances, among others,
modify or limit capacity to act:
age, insanity, imbecility, the
state of being a deaf-mute,
penalty,
prodigality,
family
relations,
alien-age,
absence,
insolvency and trusteeship. The
consequences
of
these
circumstances are governed in
this Code, other codes, the ROC,
and in special laws. Capacity to
act is not limited on account of
religions
belief
or
political
opinion
RA6809: December 13, 1989: Age of
Minority from below 21 years to
below 18 years.
AM No. 03-02-05 SC Rules on
Guardianship: May 21, 2003
1987 Constitution A5 S1: Suffrage
FC5: Marriage: Any male or female of
the age of 18 years or upwards not
under any of the impediments
mentioned in articles 37 and 38 may
contract marriage.
NCC1327: The following cannot give
consent to a contract:
(1) Unemancipated minors;
(2) Insane or demented persons, and
deaf-mutes who do not know how to
write. (1263a)

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KATRINA LEGARDA | 14
NCC1390
(1):
The
following
contracts are voidable or annullable,
even though there may have been no
damage to the contracting parties:
(1) Those where one of the parties is
incapable of giving consent to a
contract;

Tina Reyes C2013

NCC1403(3): The following contracts

are unenforceable, unless they are
ratified
(3) Those where both parties are
incapable of giving consent to a
contract.
NCC1397: The action for the
annulment of contracts may be
instituted by all who are thereby
obliged principally or subsidiarily.
However, persons who are capable
cannot allege the incapacity of those
with whom they contracted; nor can
those who exerted intimidation,
violence, or undue influence, or
employed fraud, or caused mistake
base their action upon these flaws of
the contract. (1302a)
NCC1399: When the defect of the
contract consists in the incapacity of
one of the parties, the incapacitated
person is not obliged to make any
restitution except insofar as he has
been benefited by the thing or price
received by him. (1304)
NCC1489: All persons who are
authorized in this Code to obligate
themselves, may enter into a contract

of sale, saving the modifications

contained in the following articles.
NCC1426: When a minor between
eighteen and twenty-one years of age
who has entered into a contract
without the consent of 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.
NCC1427: When a minor between
eighteen and twenty-one years of
age, who has entered into a contract
without the consent 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. (1160A)
Cases;
1.
Mercado v Espiritu
a.
The sale of real estate,
effected by minors who have
already passed the ages of
puberty, and adolescence and are
near the adult age when they
pretended
to
have
already
reached their majority when in
fact they have not, is VALID, and
they
cannot
be
permitted
afterwards to excuse themselves
from compliance of the obligation

assumed by them or to seek their

annulment.
2.
Bambalan v Maramba
a.
The sale is void as to the
plaintiff, because he was a minor
at the time of execution.
b.
The doctrine of Mercado v
Espiritu is not applicable to this
case, because the plaintiff did not
pretend to be of age, and the
defendant knew him to be a
minor.
3.
Suan and Chiao v Alcantara
a.
Under the doctrine laid down
by Mercado v Espiritu, herein
followed, to bind a minor who
represents himself to be of legal
age, it is not necessary for his
vendee to actually part with cash,
as long as the contract is
supported
by
a
valid
consideration.
b.
The circumstance that about
one month after the date of the
conveyance,
the
appellee
informed the appeallants of his
minority, is of no moment,
because
appellees
previous
misrepresentation had already
estopped him from disavowing
the contract.
4.
Braganza v Villa Abrille
a.
The failure of the minor to
disclose his minority when making
a contract does not per se,
constitute a fraud which can be
made a basis of an action of
deceit.
b.
Although the written contract
is UNENFORCEABLE because of

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KATRINA LEGARDA | 15
non-age, however, the minor shall
make restitution to the extent
that he may have profited by the
thing he received.
c.If a person is benefited although
incapacitated (minor, insane, etc.)
to enter a contract, he must pay
back/return it.

Tina Reyes C2013

RPC12: The following are exempt

from criminal liability:
(2) A person under nine years of age
(now modified to be 15 years by
RA9344 S6)
(3)A person over nine years of age
and under 15 unless he has acted
with discernment, in which case, such
minors shall be proceeded against in
accordance with the provisions of A80
of this code.
RA9344: Juvenile Justice and Welfare
Law
0-15 years old: exempt from criminal
liability
15-18: act with discernment
**15yrs+1day: case is filed in court
(should be out by September)
RPC13: The following are mitigating
circumstances:
(2) That the offender is under 18
years of age or over 70 years. In the
case of the minor, he shall be
proceeded against in sccordance to
the provisions of A80. (now between
15-18 years old subject to an
intervention program, RA9344)

PD603: Child and Youth

Code:
(December 10, 1974)

Welfare

Rules of Civil Procedure R3 S5: A

minor or a person alleged to be
incompetent, may sue or be sued,
with the assistance of his father,
mother, guardian, or if he has none, a
guardian ad litem.
FC45 (2): A marriage may be
annulled for any of the following
causes, existing at the time of the
marriage:
(2)That either party was of unsound
mind, unless such party after coming
to reason, freely cohabited with the
other as husband and wife;
NCC1327(1): The following cannot
give consent to a contract:
(1) Unemancipated minors;
NCC1328: Contracts entered into
during a lucid interval are valid.
Contracts agreed to in a state of
drunkenness or during a hypnotic
spell are voidable. (n)
RPC12: The following are exempt
from criminal liability:
(1)an imbecile or an insane person,
unless the latter has acted during a
lucid interval
ROC101 S4: When, in the opinion of
the Director of Health, the person
ordered to be committed to a hospital
or other place for the insane is

temporarily or permanently cured, or

may be released without danger he
may file the proper petition with the
Court of First Instance which ordered
the commitment.
Cases;
1.
US v Vaguilar
a.
Insanity distinguished from
Passion, Anger or Remorse
Testimony of eye-witnesses to a
parricide, which goes no further
than to indicate that the accused
was moved by a wayward or
hysterical burst of anger or
passion, and other testimony to
the
effect
that,
while
in
confinement
awaiting
trial,
defendant acted absent-mindedly
at times, is not sufficient to
establish the defense of insanity.
(condition produced by remorse)
2.
People v Rafanan
a.
Standard of Legal insanity by
People
v
Formigones
(2
distinguishable tests):
i.
Test of cognition
complete
deprivation
of
intelligence in committing the
[criminal] act.
ii.
Test of violation that
there be a total deprivation of
the will
b.
The law presumes every man
to be sane. A person accused of a
crime has the burden of proving
his
affirmative
allegation
of
insanity.
3.
Standard oil v arenas

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KATRINA LEGARDA | 16
a.
Capacity to act must be
supposed to attach to a person
who has not previously been
declared incapable, and such
capacity is presumed to continue
so long contrary is not proved,
that is, at the time of his acting he
was incapable, crazy or out of his
mind; which, in the opinion of the
court, has not been proved in this
case.
b.
There was no direct proof that
showed that at the date of the
giving of the bond, December 15,
1908, the appellant was incapable
of acting because of insanity. The
witnesses who as physicians,
testified that they observed
insane periods in Villanueva twice
prior to 1903, once on 1908, but
none at the time of the execution
of the said bond on December 15,
1908.
c.It was also shown that the wife
never before sought to legally
deprive her husband management
over his estate knowing full well
that he was insane.
NCC1327(2): The following cannot
give consent to a contract:
(2) Insane or demented persons, and
deaf-mutes who do not know how to
write. (1263a)
NCC807: If the testator be deaf, or a
deaf-mute, he must personally read
the will, if able to do so; otherwise, he
shall designate two persons to read it
and communicate to him, in some

practicable
thereof. (n)

manner,

the

contents

NCC820: Any person of sound mind

and of the age of eighteen years or
more, and not bind, deaf or dumb,
and able to read and write, may be a
witness to the execution of a will
mentioned in Article 805 of this Code.
(n)
ROC92(2):
Meaning
of
word
"incompetent." - Under this rule, the
word "incompetent" includes persons
suffering
the
penalty
of
civil
interdiction or who are hospitalized
lepers, prodigals, deaf and dumb who
are unable to read and write, those
who are of unsound mind, even
though they have lucid intervals, and
persons not being of unsound mind,
but by reason of age, disease, weak
mind, and other similar causes,
cannot, without outside aid, take care
of themselves and manage their
property, becoming thereby an easy
prey for deceit and exploitation.
NCC1490: The husband and the wife
cannot sell property to each other,
except:
(1) When a separation of property
was agreed upon in the marriage
settlements; or
(2) When there has been a judicial
separation or property under Article
191. (1458a)
NCC2035: No compromise upon the
following questions shall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a
legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
cf. NCC963-967:
SUBSECTION 1. - Relationship
Art. 963. Proximity of relationship is
determined by the number of
generations. Each generation forms a
degree. (915)
Art. 964. A series of degrees forms a
line, which may be either direct or
collateral.
A direct line is that constituted by the
series of degrees among ascendants
and descendants.
A collateral line is that constituted by
the series of degrees among persons
who
are
not
ascendants
and
descendants, but who come from a
common ancestor. (916a)
Art. 965. The direct line is either
descending or ascending.
The former unites the head of the
family with those who descend from
him.
The latter binds a person with those
from whom he descends. (917)
Art. 966. In the line, as many degrees
are counted as there are generations
or persons, excluding the progenitor.
In the direct line, ascent is made to
the common ancestor. Thus, the child
is one degree removed from the

C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.

KATRINA LEGARDA | 17
parent, two from the grandfather, and
three from the great-grandparent.
In the collateral line, ascent is made
to the common ancestor and then
descent is made to the person with
whom the computation is to be made.
Thus, a person is two degrees
removed from his brother, three from
his uncle, who is the brother of his
father, four from his first cousin, and
so forth. (918a)
Art. 967. Full blood relationship is that
existing between persons who have
the same father and the same
mother.
Half blood relationship is that existing
between persons who have the same
father, but not the same mother, or
the same mother, but not the same
father. (920a)
cf.
1987Consti:
Citizenship

A4

S1-5:

Tina Reyes C2013

NCC381-396:
NCC1381: Art. 1381. The following
contracts are rescissible:
(1) Those which are entered into by
guardians whenever the wards whom
they represent suffer lesion by more
than one-fourth of the value of the
things which are the object thereof;
(2)
Those
agreed
upon
in
representation of absentees, if the
latter suffer the lesion stated in the
preceding number;
(3) Those undertaken in fraud of
creditors when the latter cannot in

any other manner collect the claims

due them;
(4) Those which refer to things under
litigation if they have been entered
into by the defendant without the
knowledge and approval of the
litigants or of competent judicial
authority;
(5) All other contracts specially
declared by law to be subject to
rescission. (1291a)
NCC2236: The debtor is liable with
all his property, present and future,
for the fulfillment of his obligations,
subject to the exemptions provided
by law. (1911a) Art. 2035. No
compromise upon the following
questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a
legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
Case:
1.
Villaneva v CA (May 26, 1995)
a.
PRODIGAL = gambler, away
from home, slightly incompetent
b.
Husband and wife cannot sell
or donate to each other
c.Affinity by blood
o Always start from self
o Parents 1st degree
o Brothers/Sisters 2nd
o Cousins 4th
o Grandparents 2nd

o Aunts/Uncles 3rd
o Your brothers wife is not your
relative! (by blood or affinity)
RCP3 S4: Spouses as parties.
Husband and wife shall sue or be
sued jointly, except as provided by
law.

CITIZENSHIP:
Section 1. The following are citizens
of the Philippines:
[1] Those who are citizens of the
Philippines at the time of the
adoption of this Constitution;
[2] Those whose fathers or mothers
are citizens of the Philippines;
[3] Those born before January 17,
1973, of Filipino mothers, who elect
Philippine citizenship upon reaching
the age of majority; and
[4] Those who are naturalized in
accordance with law.
Section 2. Natural-born citizens are
those who are citizens of the
Philippines from birth without having
to perform any act to acquire or
perfect their Philippine citizenship.
Those who elect Philippine citizenship
in accordance with paragraph (3),
Section 1 hereof shall be deemed
natural-born citizens.
Section 3. Philippine citizenship may
be lost or reacquired in the manner
provided by law.

C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.

KATRINA LEGARDA | 18
JUS SANGUINIS you have to be
born of Filipino blood to be a Filipino
citizen
JUS SOLI (United States) land
where you were born also gives you
citizenship
Section 4. Citizens of the Philippines
who marry aliens shall retain their
citizenship, unless by their act or
omission, they are deemed, under the
law, to have renounced it.

Tina Reyes C2013

NCC50: For the exercise of civil

rights and the fulfillment of civil
obligations,
the
domicile
of
natural persons is the place of
their habitual residence.
Case:
1.
Romualdez-Marcos
v
COMELEC
a.
Habitual residence Leyte
b.
Domicile place of habitual
residence, intent to go back
(ANIMUS REPERTENTI)
c.Residence
i. Permanent domicile
ii. Official e.g. Malacaang
(President and family)
iii. Temporary even for a long
period of time
Dual
Allegiance
Citizenship
(none in the Philippines)

Dual

Dual Citizenship of Parents only

affects children who are minors at the
time the dual citizenship is acquired
Top 3
1.
2.
3.

Stressors:
Marriage
Moving
Death