P. 1
PERSONS Midterms Reviewer

PERSONS Midterms Reviewer

|Views: 1,506|Likes:
Published by tinsky16

More info:

Published by: tinsky16 on Aug 08, 2010
Copyright:Attribution Non-commercial


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






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. 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 No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless expressly so provided.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 Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise.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. Tañada v Tuvera a. A6 §6 1973 Constitution – matter of public concern b. Presidential Decrees 3. Fariñas v Executive Secretary a. Defective effectivity clause although does not make entire law invalid b. Tañada 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

Tina Reyes C2013

In case of laws interpreting others E. Foreigners cannot be any less bound by our laws in our own country b. NCC5: Acts executed against the provisions of mandatory or prohibitory laws shall be void. consent of adoption: (1) person to be adopted (if 10 ≥). 4. which would make the subsequent marriage null and void NCC4: Laws shall have retroactive effect. 2. Manzano v Sanchez a. (2) parents by nature. Gregorio v CA a. but not ignorance of the law for ignorantia juris neminem excusat. done in good faith 2. Frivaldo v COMELEC a. or good customs. although at the time of publication of such laws a final sentence has been pronounced and the convict is serving the same. … 5. except when the law itself authorizes their validity. public order. b. Cang v CA a. Subjects a. Antichresis. Elements of Right: 1. to of to – . 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. A judge ought to know that a subsisting previous marriage is a diriment impediment. The retroactive effect of a procedural law is not violative of any right of a party who may feel that he is adversely affected. 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. KATRINA LEGARDA | 2 consequences of his conduct. In case of remedial statutes C. The repatriation or Frivaldo retroacted to the date of the filing of his application on August 17. NCC158 and 160 have been repealed by the FC254 (not 253) which took effect on August 3. Elegado v CTA a. 1994. NCC17(3) NCC6: Rights may be waived. 3. General Rule: exception b. FC August 3. v CA a. 1988. no the Exceptions to Rule: A. In case of curative statues D. Determinate person personal rights Tina Reyes C2013 RPC22: Penal laws shall have retroactive effect insofar as they favor the person guilty of a felony. Its application will prejudice the vested rights of private respondent to have her case decided under A285 of the CC. Elegado was a Filipino lawyer representing the foreign company – shows ignorance of the law. or prejudicial to a third person with a right recognized by law. b. 3. In case of laws creating new rights Cases: 1. who is not a habitual criminal…. 1988: A188. When the law itself so expressly provides B. unless contrary is provided. Kasilag v Rodrigo a. the SC cannot invoke the new law in this case without impairing the rights pursuant to FC256 in relation to FC105(2). Nonetheless. Aruego Jr. unless the waiver is contrary to law. public policy morals. Cases: 1.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. Retroactive effect of procedural law. 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. Passive – duty-bound suffer its enforcement i. Active – entitled demand the enforcement the right b. Francisco v CA a.

mortgage. physical or spiritual. DM Consunji v CA a. 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. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and. Personal rights – right to collect debt Renunciation of Waiver: 1. Efficient Cause – the fact that gives rise to the legal relation Kinds of Rights: 1. Administrative or executive acts. NCC7: Laws are repealed only by subsequent ones. PEFTOK v NLRC a. 3.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. (right to damages) b. He must have the capacity to make the renunciation. Express or declared repeal contained in a special provision of a subsequent law 2. The CA held that the case at bar came under exception because private respondent was unaware of petitioner´s negligence when she filed her claim for death benefits from the State Insurance Fund. The contention of the petitioners that the respondents had waived their right of first refusal is not supported by evidence. Civil – all others a. Knowledge of such existence 3. 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. The rights of personality – human rights. orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. Kinds of Repeal: 1. after approval. and their violations and non-observance shall not be excused by dis-use. Cases: 1. The right. Political – participation of persons in the government of the State 2. b. Indeterminate person – real rights 2. to the exclusion of all further claims under other laws. benefit or advantage must exist at the time of the waiver 2. or custom or practice to the contrary. Valderama v Macalde a. Voluntary choice Requirements of Waiver: 1. The Judiciary shall enjoy fiscal autonomy. arise from the fact of being a man. the former shall be void and the latter shall govern. Real rights – ownership.Patrimonial rights – these have property for their object. NO VOLUNTARINESS 2. 3. Family rights – rights of a person as a member of a family c. Intention to relinquish it 4. their services would be terminated if they did not sign the said quitclaims under controversy. When the court declares a law to be inconsistent with the Constitution. and worse. Object – things or services to satisfy human wants. He must actually have the right which he renounces. The renunciation must be made in a clear and unequivocal manner. etc. shall be Tina Reyes C2013 . KATRINA LEGARDA | 3 ii. economic satisfaction of men (damages itself) i. The claims for damages sustained by workers in the course of their employment could be filed only under the Workmen ´s Compensation Law. (requirements of waiver) 3. ii. 2.

or 72% per annum is iniquitous or unconscionable. b. d. 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. NO implied repeal. Duty of lawyer in active la practice to keep abreast of SC decisions particularly where issuances have been clarified. ii. • 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. contrary to morals (‘contra bonos mores’). 905 on 22 December 1982. NCC8: Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. 2. Two categories of implied repel: i.Interpretation placed upon the written law by a competent court has the force of LAW. consistently reiterated. and published in the advanced reports of GRs and in such publications as the SCRA and law journals. De Roy v CA a. KATRINA LEGARDA | 4 automatically and regularly released. c. . 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. 2. Mecano v COA a. b. the later act to the extent of the conflict constitutes an implied repeal. if not against the law. There is no law requiring the the publication of SC decisions in the OG before they can be binding c.It is more consonant with justice that the said interest rate be reduced equitably. The interpretation placed upon the written law by a competent court has the force of law (legis interpretado legis vim obtinet) Tina Reyes C2013 . if so granted. 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. Solangon v Salazar a. Interest at 6% per month. Court of Appeals. and hence. the writ shall be enforceable anywhere in the Philippines. In relation to the word “exclusive”. the spirit of the law and intention of the lawmakers come first than legal technicalities. . although it is assumed that the language of the laws should follow common understanding. it will operate to repeal the earlier law. where provisions in the two acts on the same subject matter are in an irreconcilable conflict.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. Pesca v Pesca a. e. Non-publication of the Habaluyas decision in the OG b. and the rate will just depend on the mutual agreement of the parties. An interest of 12% per annum is deemed fair and reasonable. Both are not applicable to the RAC and the Administrative Code of 1987.Forms a LAW of the land Cases: 1. there is no more interest ceiling or maximum rate of interest. or with any of its members and. if the later act covers the whole subject of the earlier one and is clearly intended as a substitute. Thornton v Thornton a. The petition may likewise be filed with the Supreme Court. Rationale of CA: Upon the repeal of the Usury Law by Central Bank Circular No.

according to the rules of evidence. public order or public policy shall not be countenanced. Requisites of Custom: (for custom to have the for of suppletory rule) 1. it is presumed that the lawmaking body intended right and justice to prevail. Law – express. or identity of the acts or various solutions to the juridical question. Uniformity. written law NCC10: In case of doubt in the interpretation or application of laws. Continued performance of these acts for a long period of time. when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty. . General practice by the great mass of the social group. without suspending the execution of the sentence. subject to the provisions of this Constitution and national development policies and programs. Custom – society. through the Department of Justice. Law – governmental power of the State. In the same way the court shall submit to the Chief Executive. Origin a. 4. Morals or public order Custom v Law 1. The practice must not be contrary to law. 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. it must be applied: dura lex sed lex • In applying the law. with respect to a particular state of facts.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. NCC11: Customs which are contrary to law. and in cases of excessive penalties. – citing the Canon Law degree of malice and the injury caused by the offense • If the law is clear. Customs – may be defined as the juridical rule which results from a constant and continued uniform practice by the members of a social community. General conviction (by the community) that the practice corresponds to a juridical necessity or that it is obligatory. Custom – tacit. 5.Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. through the Department of Justice. shall protect the rights of indigenous cultural communities to their ancestral NCC9: No judge or court shall decline to render judgment by reason of the silence. the court should discover and give effect to its spirit. such statement as may be deemed proper. not written b. conscious creation 2. Form a. 2. the reasons which induce the court to believe that said act should be made the subject of penal legislation. 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. The State. and observed with a conviction that it is juridically obligatory. and shall report to the Chief Executive. 3. spontaneous b. it shall render the proper decision. NCC 12: A custom must be proved as a fact. or various resolutions of a juridical question raised repeatedly in life. Plurality of acts. KATRINA LEGARDA | 5 b. obscurity or insufficiency of the laws. 1987 Constitution ARTICLE XII National Economy and Patrimony SECTION 5. taking into consideration the Tina Reyes C2013 . RPC5: Duty of the court in connection with acts which should be repressed but which are not covered by the law. 6.

the court. the time within which an act is required by law to be done shall be computed by excluding the first day and Tina Reyes C2013 . months. cannot be held to be unreasonable or imprudent and that. NCC13 (last paragraph) is similar. 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. 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. "day. "month" of thirty days." from sunset to sunrise. In computing any period of time prescribed or allowed by these Rules.Judicial notice. it shall be understood that years are of three hundred sixty-five days each. or by order of the court. days of twenty-four hours. or are capable to unquestionable demonstration. ROC129 (2). the 30 day period for redemption had not begun to run. 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. on its own initiative or on request of a party. Article 1088 can lead to only one conclusion to wit. or ought to be known to judges because of their judicial functions. 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. the first day shall be excluded. (ROC22: not applicable to contracts Cases: 1. Strictly applied and interpreted. In computing a period. 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. when hearing necessary. on its own initiative. If the last day of the period. (1a) Sec. social. months of thirty days.Judicial notice. 2. a Sunday. to §4 of the Code of Civil Procedure which provided that “unless otherwise specially provided. and cultural well-being. Armigos v CA a. Alonzo v Padua a. 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. KATRINA LEGARDA | 6 lands to ensure their economic. the driver was not guilty of negligence in so leaving his team while assisting in unloading his wagon. If months are designated by their name.(3): What Need Not Be Proved Sec. • No leap years • No weeks ROC22: Section 1. 3. the proper court. falls on a Saturday. and "night. RAC §31: Legal Periods.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. but not identical. under the circumstances. as thus computed. that in view of such deficiency. or a legal holiday in the place where the court sits."Year" shall be understood to be twelve calendar months. Martinez v Van Buskirk a. much less expired in 1977. and nights from sunset to sunrise. days or nights. and before judgment or on appeal. and last day included. . Acts. or by any applicable statute. — A court may take judicial notice of matters which are of public knowledge. After the trial. 2." to a day of twenty-four hours. the time shall not run until the next working day. when discretionary. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. How to compute time. they shall be computed by the number of days which they respectively have. NCC13: When the law speaks of years. — During the trial.

— 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. having been content with his testimony that the Marriage Certificate was lost or destroyed during the Japanese occupation of China. condition and legal capacity of persons are binding upon citizens of the Philippines. How appeal is taken. there rises a presumption that it is the same as that of Philippine law. although dated August 16. Namarco v Tecson a. Prohibitive laws concerning persons. will. Barretto Gonzales v Gonzales a.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. Board of Commission (CID) v Dela Rosa a. Laws relating to family rights and duties. Tina Reyes C2013 . A foreign divorce between Filipino citizens. entitled to validity in this country. 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. unless such motion fails to satisfy the requirements of Rule 37. it shall be excluded. Their Motion for Reconsideration. 2. Matrimonial residence of the couple has always been the Philippines (both Filipinos). 3. 1979. Quiqui v Boncaros a. 3.Santiago (grandfather) was not pressed by the CID to prove the laws of China relating to marriage. Years defined as 365 days. NCC17: The forms and solemnities of contracts. (EO 227) Cases: 1. is not entitled to recognition as valid in the Philippines. subsequently to the foreign decree of divorce. 1979 or one day beyond the 30-day reglementary period prescribed by Section 3 of Rule 41. and a record on appeal. the solemnities established be Philippine laws shall be observed in their execution. sought and decreed after the effectivity of the NCC (RA386). (Spanish Code) b. a notice of 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. their acts or property. and neither is the marriage contracted with another party by the divorced consort. an appeal bond.. the Filipino spouse shall have capacity to remarry under Philippine law. 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. 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. b. the perfection of the appeal shall be upon the expiration of the last day to appeal by any party. Tenchavez v Escaño a. months are of 30 days not the “natural” or “solar” months unless they are designated by name. or to the status. KATRINA LEGARDA | 7 including the last.” 4. Change in legislation should be done by the congress re: NCC13 3. There being no proof of Chinese law relating to marriage. NCC14: applies to all NCC15: Filipinos only. even though living abroad. and if the last be Sunday or a legal holiday. and other public instruments shall be governed by the laws of the country in which they are executed.” 2. When the acts referred to are executed before the diplomatic or consular officials of the RP in a foreign country. SEC. was filed with the trial court on August 17.

contrary to law.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. therefore. but not when he acts with negligence or abuse. Moral and exemplary damages are awarded to the victim’s heirs despite acquittal of accused on grounds of reasonable doubt. iii. Cases: 1. is to set certain standards which must be observed not only in the exercise of one’s rights but also in the performance of one’s duties. it does not necessarily follow that the appellant is also free from civil liability which is impliedly instituted with the criminal action. NCC21: Any person who willfully causes loss or injury to another in a manner that is contrary to morals. shall indemnify the latter for the same. Carpio v Valmonte a. A person should be protected only when he acts in the legitimate exercise of his right. NCC19: Every person must. 5. a legal wrong is thereby committed for which the wrongdoer must be responsible. Which is exercised in bad faith. The Code of By-laws of the Society contains specific provisions governing the term of office of petitioner. or by determinations or conventions agreed upon in a foreign country. willfully or negligently causes damage to another. Made to pay damages under A19 4. KATRINA LEGARDA | 8 and those which have for their object public order. the following elements must be present: i. De Tavera v Philippine Tuberculosis Society. that is when he acts with prudence and good faith. Elsewhere. To find the existence of a abuse of right. ii. b. 2. NCC22: Every person who through an act or performance by another. Inc. public policy and good customs shall not be rendered ineffective by laws or judgments promulgated. may still be civilly liable. Llorente v Sandiganbayan a. The object of this article. give everyone his due. People v Ritter a. There is a legal right or duty. Case: German v Donaldson • Held that a power of attorney executed in Germany. acquires or comes into possession of something at the expense of the latter without just or legal ground. act with justice. in the exercise of his rights and in the performance of his duties. b. 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. Nikko Hotel Manila Garden v Reyes (Amay Bisaya) a. 3. (READ TOLENTINO) NCC20: Every person who. even when the act is not illicit. shall return the same to him. a. . or any other means. Furthermore. • Government v Frank – contract was entered into in Illinois by a minor in the Philippines but had the capacity in Illinois. good customs or public policy shall compensate the latter for the damage. For the sole intent of prejudicing or injuring another. Doctrin (Urbano v IAC) a person while not criminally liable. Tina Reyes C2013 • To grant indemnity for damages in cases where there is abuse of rights. and observe honesty and good faith. 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. should be tested as to its formal validity by the laws of that country and not by the provisions of the CC.

penalty. poser. 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).C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. among others. retroact to the moment of its conception. and in special laws. (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. the . is acquired and may be lost. only for purposes favorable to the child. which is the fitness to be the subject or legal relations. Capacity to act is not limited on account of religions belief or political opinion. imbecility. the state of being a deaf-mute. may be natural or artificial. Kinds of Capacity. Fetus is not a person. 21 years of age (now read as 18 because RA6809 reduced age of majority to 18 years) or over. (3) for the sole intent of prejudicing or injuring another. the state of being deaf-mute. The consequences of these circumstances are governed in this Code. and has a limited capacity to act. necessarily. is qualified for all acts of civil life. natural or artificial. prodigality. (2) which is exercised in bad faith. When Article 19 is violated. • Birth – removal of the fetus from • Tina Reyes C2013 • the mother’s womb. making its legal existence. such that if it is not born alive. is inherent in every natural person and is lost only through death. is any act evincing bad faith or intent to injure. family relations. Its antithesis. insolvency and trusteeship. the ROC. an action for damages is proper under Articles 20 or 21 of the Civil Code. KATRINA LEGARDA | 9 These standards are the following: act with justice. provided it be born later with the condition specified in the following article. NCC40: Birth determines personality. insanity. because of the expectancy that it may be born. modify or limit capacity to act: age. The unemancipated minor cannot enter into contracts (NCC1327 par1). if it should be born alive. A married woman. NCC37: juridical capacity. its personality disappears as if it had never existed. but the conceived child shall be considered born for all purposes that are favorable to it. other codes. depends on the child being born alive later. which is the power to do acts with legal effect.aw protects it and reserved its rights. insanity or imbecility. Capacity to act. NCC39: The following circumstances. give everyone his due and observe honesty and good faith. absence. alien-age. a person below such age is a minor. or competency or persons. (2) provisional or conditional. 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. except in cases specified by law. Its elements are the following: (1) There is a legal right or duty. gut he may be estopped from disavowing his contract if he has misled the other party as to his age. Personality of Conceived child: (1)limited. . qualification.

3-6 months (trimesters). which is the fitness to be the subject of legal relations.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. • This article refers to natural or • Separation from mother – produced by the cutting of the umbilical cord. Dumlao v Quality Plastics a. A man and woman not legally married who cohabit for many years as husband and wife. Eugenio Sr. because this is the only kind of death recognized by the present legislation. 3. as compared to the Philippines 2. before the child was born. rights and assts left by the decedent.Legal capacity e. the subject of legal relations disappear Cases: 1. His juridical capacity. However if the fetus had an intra-uterine life of less than seven months. LIFE at BIRTH: absolute precedent of rights 3. A2. 2.g. 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 mother’s womb. it is not deemed born if he dies within 24 hours after its complete delivery from the maternal womb. inheritance d. the fetus is considered born if it is alive from the time it is completely delivered from the mother’s womb. asking the priest to baptize the child after it was born. was lost through death. The state or the mass of property.Legal Ralations – Personality – Legal Capacity 4. Plaintiff begot a child with the defendant. NCC42: Civil personality is extinguished by death. Under the present legal system. become vested and charged with his rights and obligations which survive after his demise. In the US. (1987)Constitution. Limjoco v Intestate Estate of pio fragante a. Roe v Wade . a. He had no more civil personality. Service of summons on a dead person is void. v Velez a. An unborn child can get support and be recognized b. There was no mention of how old the unborn child was b. The effect of death upon the rights and obligations of the deceased is determined by law. rights and obligations which survive after death have to be exercised and fulfilled only by the estate of the deceased. a fetus is not a person. who Tina Reyes C2013 (1975)PD 605: Child and Youth Welfare Code A5: unborn child has rights RPC – 1932 NCC – 1950 FC – 1958 Cases: 1. 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. stages of birth is equal to a child’s PERSONALITY b. De Jesus v Syquia a. Dead child has no right b. the latter wrote letters to a priest recognizing the child as his. KATRINA LEGARDA | 10 NCC41: For civil purposes. S12: Right of the mother and right of the unborn child from conception physical death. Estate continues personality b. instead of the heirs directly. Quimiging v Icao a. Geluz v CA (changed by A2S12 of the Consti) a. Against the 1987 Constitution and PD603 c. does not apply to “civil death” • Upon the death of a person. by contract and by will. Rights of the fetus were recognized because of NCC40 c.

Both parties are incapable of giving consent iii.Types: i. (5a) Case: 1. Voidable Act ii. the male is deemed to have survived. Right to bury a dead person does not include a common law husband who is still married. the older is deemed to have survived. 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. 3. the younger is deemed to have survived.” ROC131 S3 (jj – kk): (jj)That except for purposes of succession. Incapacitated parties 2. battle. or conflagration. and the sex be different. circumstantial or inferential. the former is deemed to have survived. Marcos v Manglapus a. and there are no particular circumstances from which it can be inferred. Unenforceable act 1. in the absence of proof. Jr. it may be indirect. whoever alleges the death of one prior to the other. the older.If one is under fifteen and the other above sixty. Does not make an act void (because of limitations) b. Marcos has not changed the factual scenario under which the Court’s decision was rendered b. died before mother b. • Applies only when the question of survivorship involves persons “who are called to succeed each other. Where there are facts. from which a rational conclusion can be made. 4. KATRINA LEGARDA | 11 represent themselves to the public as husband and wife. Provisional Personality A.If both were under the age of fifteen years. have not been shown to have ceased. if the sex be the same. Death of Mr. according to the following rules: 1. Tina Reyes C2013 . Capacity to act a. whoever alleges the death of one prior to the other. Joaquin v Navarro a. shall prove the same.If one be under fifteen or over sixty. as between two or more persons who are called to succeed each other. 5.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. 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. and the other between those ages. when two persons perish in the same calamity. such as wreck. to which the return of the Marcoses has been viewed to provide a catalytic effect. 2. they shall be considered to have died at the same time. Void act 1. (kk)That if there is a doubt. it is presumed that they died at the same time and there shell be no transmission of rights from one to other. in the absence of proof.If both be over fifteen and under sixty. and it is not shown who died first. 4. The evidence of survivorship need not be direct. shall prove the same. as between two or more persons who are called to succeed each other.If both were above the age sixty. as to which of the died first. the latter is deemed to have survived. as to which of them died first. known or knowable. the presumption does not step in. b. The threats to the government. Capacity to be part of legal relations – when you are born B. Capacity to do acts with legal effects c. the survivorship is determined from the probabilities resulting from the strength and the age of the sexes.

Grounds when articles of incorporation or amendment may be rejected or disapproved. creates by law. 1 and 2 of the preceding article are governed by the laws creating or recognizing them. 17. 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. The partnership has a judicial personality separate and Tina Reyes C2013 . 2. 4. Corporations created by special laws or charters. 1768. That the Treasurer's Affidavit concerning the amount of capital stock subscribed and/or paid if false. educational institutions. That the purpose or purposes of the corporation are patently unconstitutional. Sec. NCC1767-1768: Art. KATRINA LEGARDA | 12 and the rules of preponderance of evidence controls. 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. Corporation defined. Corporations Code (BP68): Sec. institutions.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. Two or more persons may also form a partnership for the exercise of a profession. their personality begins as soon as they have been constituted according to law. illegal. having the right of succession and the powers. NCC44: The following are juridical persons: (1) The State and its political subdivisions. Partnerships are associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. immoral. supplemented by the provisions of this Code. 1767. or industry to a common fund. public utilities.A corporation is an artificial being created by operation of law. partnerships and associations for private interest or purpose to which the law grants a juridical personality. . attributes and properties expressly authorized by law or incident to its existence. (2) Other corporations. property. That the articles of incorporation or any amendment thereto is not substantially in accordance with the form prescribed herein. separate and distinct from that of each share holder. insofar as they are applicable. . with the intention of dividing the profits among themselves. or contrary to government rules and regulations. The following are grounds for such rejection or disapproval: 1. 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. trust companies and other financial intermediaries. 4. banking and quasi-banking institutions. insurance companies. By the contract of partnership two or more persons bind themselves to contribute money. 2. That the Commission shall give the incorporators a reasonable time within which to correct or modify the objectionable portions of the articles or amendment. NCC45: The juridical person mentioned in Nos. partner or member. and entities for public interest or purpose. building and loan associations. (1665a) Art. 3. Sec. No articles of incorporation or amendment to articles of incorporation of banks. (3) Corporations. Private corporations are governed by laws of general application on the subject.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.

(n) NCC46: Juridical persons may acquire and posses property of all kinds. institutions and other entities for public interest or purpose mentioned in No. Catalan v Basa a. NCC38: • NCC38 – restrictions on capacity to act but does not render it void • Minority is now 18 years old (RA6809). and has a limited capacity to act. as well as incur obligations and bring civil or criminal actions. family relations. the ROC. NCC47: Upon the dissolution of corporations. other codes. modify or limit capacity to act: age. with the knowledge and acquiescence of the legislature. Prior to the cession of the Philippines to the US. 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. NCC39: The following circumstances.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. In order for donation of property to be valid. If nothing has been specified on this point. their property and other assets shall be disposed of in pursuance of law or the charter creating them. (1263a) Tina Reyes C2013 . absence. insolvency and trusteeship. a person below such age is a minor. Capacity to act is not limited on account of religions belief or political opinion… RA6809: December 13. Barlin v Ramirez a. even in case of failure to comply with the requirements of Article 1772. 2. Camid v Office of the President a. imbecility. 2 of article 44. and deaf-mutes who do not know how to write. what is crucial is the donor’s capacity to give consent at the time of the donation. The unemancipated minor cannot enter into contracts (NCC1327 par1). province. NCC1327: The following cannot give consent to a contract: (1) Unemancipated minors. among others. prodigality. A person suffering from schizophrenia does not necessarily lose his competence to intelligently dispose his property b. The consequences of these circumstances are governed in this Code. penalty. 1989: Age of Minority from below 21 years to below 18 years. alien-age. insanity. city or municipality which during the existence of the institution derived the principal benefits from the same. KATRINA LEGARDA | 13 distinct from that of each of the partners. 03-02-05 SC Rules on Guardianship: May 21. gut he may be estopped from disavowing his contract if he has misled the other party as to his age. The exclusive right to such possession was in the Roman Catholic Church and such right has continued since such cession and now exists. the King of Spain was not the owner of the consecrated churches therein and had no right to the possession thereof. the property and other assets shall be applied to similar purposes for the benefit of the region. first paragraph. and without interruption or objection for period long enough to afford title by prescription. (2) Insane or demented persons. and in special laws. It has been opined that municipal corporations may exist by prescription where it is shown that the community has claimed and exercised corporate functions. the state of being a deaf-mute. The Roman catholic Church is a juridical person in the Philippine Islands b. 3. in conformity with the laws and regulations of their organization. Cases: 1. AM No.

may enter into a contract of sale. KATRINA LEGARDA | 14 NCC1390 (1): The following contracts are voidable or annullable. (1160A) Cases. and they cannot be permitted afterwards to excuse themselves from compliance of the obligation assumed by them or to seek their annulment. 1. Braganza v Villa Abrille a. and the defendant knew him to be a minor. saving the modifications contained in the following articles. 3. The failure of the minor to disclose his minority when making a contract does not per se. because he was a minor at the time of execution. because the plaintiff did not pretend to be of age. because appellee’s previous misrepresentation had already estopped him from disavowing the contract. 4. (1304) NCC1489: All persons who are authorized in this Code to obligate themselves. NCC1403(3): The following contracts are unenforceable. there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. The sale is void as to the plaintiff. is VALID. voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. as long as the contract is supported by a valid consideration. is of no moment. b. 2. Under the doctrine laid down by Mercado v Espiritu. 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. Although the written contract is UNENFORCEABLE because of Tina Reyes C2013 . or undue influence. unless they are ratified (3) Those where both parties are incapable of giving consent to a contract. However. constitute a fraud which can be made a basis of an action of deceit. or employed fraud. The sale of real estate. effected by minors who have already passed the ages of puberty. notwithstanding the fact the he has not been benefited thereby. violence. NCC1427: When a minor between eighteen and twenty-one years of age. The circumstance that about one month after the date of the conveyance. after the annulment of the contract voluntarily returns the whole thing or price received. b. persons who are capable cannot allege the incapacity of those with whom they contracted. it is not necessary for his vendee to actually part with cash. b. The doctrine of Mercado v Espiritu is not applicable to this case. who has entered into a contract without the consent of the parent or guardian. NCC1397: The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. or caused mistake base their action upon these flaws of the contract. nor can those who exerted intimidation. Mercado v Espiritu a. (1302a) NCC1399: When the defect of the contract consists in the incapacity of one of the parties. 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. to bind a minor who represents himself to be of legal age. Bambalan v Maramba a. 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. and adolescence and are near the adult age when they pretended to have already reached their majority when in fact they have not. the appellee informed the appeallants of his minority. there is no right to demand the thing or price thus returned. Suan and Chiao v Alcantara a. herein followed.

he shall be proceeded against in sccordance to the provisions of A80. such minors shall be proceeded against in accordance with the provisions of A80 of this code. insane. Standard oil v arenas Rules of Civil Procedure R3 S5: A minor or a person alleged to be incompetent. RA9344) PD603: Child and Youth Code: (December 10. Standard of Legal insanity by People v Formigones (2 distinguishable tests): i. (n) RPC12: The following are exempt from criminal liability: (1)an imbecile or an insane person. unless such party after coming to reason. Cases. US v Vaguilar a.) to enter a contract. or may be released without danger he may file the proper petition with the Court of First Instance which ordered the commitment. etc. A person accused of a crime has the burden of proving his affirmative allegation of insanity. 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. mother. c. he must pay back/return it. the minor shall make restitution to the extent that he may have profited by the thing he received. in which case. Insanity distinguished from Passion. while in confinement awaiting trial. ii. The law presumes every man to be sane. 3. FC45 (2): A marriage may be annulled for any of the following causes. the person ordered to be committed to a hospital or other place for the insane is Tina Reyes C2013 . existing at the time of the marriage: (2)That either party was of unsound mind. Anger or Remorse – Testimony of eye-witnesses to a parricide. 1974) Welfare temporarily or permanently cured.If a person is benefited although incapacitated (minor. defendant acted absent-mindedly at times. which goes no further than to indicate that the accused was moved by a wayward or hysterical burst of anger or passion. 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. (now between 15-18 years old subject to an intervention program. Test of violation – that there be a total deprivation of the will b. NCC1328: Contracts entered into during a lucid interval are valid. KATRINA LEGARDA | 15 non-age. may sue or be sued. NCC1327(1): The following cannot give consent to a contract: (1) Unemancipated minors. unless the latter has acted during a lucid interval ROC101 S4: When.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. freely cohabited with the other as husband and wife. is not sufficient to establish the defense of insanity. 1. In the case of the minor. in the opinion of the Director of Health. Test of cognition – complete deprivation of intelligence in committing the [criminal] act. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. or if he has none. and other testimony to the effect that. however. a guardian ad litem. guardian. (condition produced by remorse) 2. People v Rafanan a. with the assistance of his father.

966.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. . (3) Any ground for legal separation. except: (1) When a separation of property was agreed upon in the marriage settlements. ascent is made to the common ancestor. deaf and dumb who are unable to read and write. (4) Future support. excluding the progenitor. take care of themselves and manage their property. but by reason of age.Relationship Art. 965. or (2) When there has been a judicial separation or property under Article 191. NCC1327(2): The following cannot give consent to a contract: (2) Insane or demented persons. the appellant was incapable of acting because of insanity. has not been proved in this case. he must personally read the will. (6) Future legitime. cannot. prodigals. (1458a) NCC2035: No compromise upon the following questions shall be valid: Tina Reyes C2013 . and other similar causes. b. (915) Art. The former unites the head of the family with those who descend from him. testified that they observed insane periods in Villanueva twice prior to 1903. or a deaf-mute. deaf or dumb. the contents (1) The civil status of persons. as many degrees are counted as there are generations or persons.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. and persons not being of unsound mind. the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers. those who are of unsound mind. if able to do so." .Under this rule. in some practicable thereof. NCC963-967: SUBSECTION 1. December 15. The direct line is either descending or ascending. even though they have lucid intervals. disease. (1814a) cf. (916a) Art. otherwise. which. weak mind. may be a witness to the execution of a will mentioned in Article 805 of this Code. (2) The validity of a marriage or a legal separation. (5) The jurisdiction of courts. (917) Art. NCC1490: The husband and the wife cannot sell property to each other. There was no direct proof that showed that at the date of the giving of the bond. KATRINA LEGARDA | 16 a. but who come from a common ancestor. the child is one degree removed from the NCC820: Any person of sound mind and of the age of eighteen years or more. 964. without outside aid. at the time of his acting he was incapable. A series of degrees forms a line. but none at the time of the execution of the said bond on December 15. (n) ROC92(2): Meaning of word "incompetent. and deaf-mutes who do not know how to write. In the line. Thus. Each generation forms a degree. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants. 1908. Capacity to act must be supposed to attach to a person who has not previously been declared incapable. that is. and such capacity is presumed to continue so long contrary is not proved. once on 1908. becoming thereby an easy prey for deceit and exploitation. c. he shall designate two persons to read it and communicate to him. (1263a) NCC807: If the testator be deaf. which may be either direct or collateral. In the direct line. and able to read and write. A direct line is that constituted by the series of degrees among ascendants and descendants. (n) manner. Proximity of relationship is determined by the number of generations. and not bind. 963. The latter binds a person with those from whom he descends. in the opinion of the court. 1908. crazy or out of his mind. The witnesses who as physicians.

[3] Those born before January 17. four from his first cousin. ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. who elect Philippine citizenship upon reaching the age of majority. KATRINA LEGARDA | 17 parent. (5) The jurisdiction of courts. Villaneva v CA (May 26. (1911a) Art. for the fulfillment of his obligations. away from home. Husband and wife cannot sell or donate to each other c. (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. a person is two degrees removed from his brother. 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. Those who elect Philippine citizenship in accordance with paragraph (3). Thus. Section 2. No compromise upon the following questions shall be valid: (1) The civil status of persons. Full blood relationship is that existing between persons who have the same father and the same mother. subject to the exemptions provided by law. or the same mother. except as provided by law. slightly incompetent b. but not the same mother. and so forth. PRODIGAL = “gambler”. (5) All other contracts specially declared by law to be subject to rescission. 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. (3) Any ground for legal separation. 1987Consti: Citizenship NCC381-396: NCC1381: Art. if the latter suffer the lesion stated in the preceding number.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 brother’s wife is not your relative! (by blood or affinity) RCP3 S4: Spouses as parties. who is the brother of his father. Section 1 hereof shall be deemed natural-born citizens. but not the same father. of Filipino mothers. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution. present and future. (1814a) Case: 1. Husband and wife shall sue or be sued jointly. [2] Those whose fathers or mothers are citizens of the Philippines. and [4] Those who are naturalized in accordance with law. Philippine citizenship may be lost or reacquired in the manner provided by law. (918a) Art. (2) Those agreed upon in representation of absentees. Half blood relationship is that existing between persons who have the same father. Tina Reyes C2013 . Section 3. 967. (3) Those undertaken in fraud of creditors when the latter cannot in A4 S1-5: any other manner collect the claims due them. (920a) cf. (4) Future support. (2) The validity of a marriage or a legal separation. two from the grandfather. 1381. 1995) a. (1291a) NCC2236: The debtor is liable with all his property. 2035. In the collateral line. 1973. (6) Future legitime. three from his uncle.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. and three from the great-grandparent. CITIZENSHIP: Section 1.

Temporary – even for a long period of time Dual Allegiance Citizenship (none in the Philippines) v Dual Dual Citizenship of Parents – only affects children who are minors at the time the dual citizenship is acquired Top 3 1. Citizens of the Philippines who marry aliens shall retain their citizenship. Malacañang (President and family) iii. Case: 1. intent to go back (ANIMUS REPERTENTI) c. Habitual residence – Leyte b.Residence i. NCC50: For the exercise of civil rights and the fulfillment of civil obligations.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. they are deemed. Official – e. to have renounced it. the domicile of natural persons is the place of their habitual residence. 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. unless by their act or omission.g. 3. under the law. Romualdez-Marcos v COMELEC a. Stressors: Marriage Moving Death Tina Reyes C2013 . Domicile – place of habitual residence. Permanent – domicile ii. 2.

You're Reading a Free Preview

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