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Persons and Family Relations Famanila v CA vitiated consent doesnt make a contract void and

Civil Code of the Philippines unenforceable


Art 1- Art 46 Guy v CA Repudiation of inheritance will lead to alienation of property
Atty. Galas Art 7 Laws are only repealed by subsequent ones
How laws are repealed
Introduction Art 8 Judicial decisions
Meaning of Law (Sanchez Roman) Stare decisis
Classifications of Law according to manner (N,P) Obiter dicta
Essential elements of Human Positive Law PH IS NOT A COMMON LAW COUNTRY
(R,D,P,S) Art 9 No judge or court shall decline to render judgment
Classifications of Human Positive Law Rules to be followed
Procedure (S,R) Sylverio v RP Sex reassignment would not qualify one to make alterations
Scope (P,P) on his birth cert
Force/Effect (M,P) Art 10 Dura Lex, Sed Lex
Civil Law Defined Art 11 Customs
Civil Code Defined Custom defined
Requisites
Chapter 1 Art 12 Custom must be proved as a fact
Art 13 Years, Months, days or nights
EFFECT AND APPLICATION OF LAW
Computing period
Months with designated names
Art 1 Preliminary Title Art 14 Penal Laws shall be obligatory
Art 2 Effectivity of Laws Del Secorro v Wilsem General Rule: Foreign nationals are subject to their
Tanada v Tuvera Statutes must be posted in OG own law
De Roy v CA SC interpretations are applications and interpretations Exception: If the foreign national law failed to prove the national law in his
need not be posted in OG, because there is no law requiring of the favor
publication of the same. DOCTRINE OF PRECESSUAL ASSUMPTION
Publication is an indispensable requirement Art 15 Laws Relating to family rights and duties(NATIONALITY PRINCIPLE)
Art 3 Ignorantia Legis Non Excusat Doctrine pf Processual Assumption
Ignorance of the law VS Ignorance of Fact Pilapil v Ibay Somerra Foreign divorce decree obtained by foreigner spouse
Applicability of the Maxim abroad is valid. The offended party in adultery must me a spouse.
Art 4 Prospectivity of Laws Recio v Recio Failure to present documents obtained abroad constitutes
Exceptions CODE(P,R,P,E,C,S) absence of substantial requisites
Atienza v Brillantes Art 40 of Family Code can have retroactive effect Quita v CA Filipinos married in the Philippines and obtained divorce abroad
so long as it does prejudice vested rights. is not recognizable in the Philippines, therefore their marriage is still
Carlos v Sandoval Lack of Marriage License lead to void Marriage (Art exeisting
4(2)FAMILY CODE) Elmar Perez v CA - Filipinos married in the Philippines and obtained divorce
Cheng v Sy Retroactivity of Procedural law abroad is not recognizable in the Philippines, therefore, cannot file for legal
Carolino v Senga PD has no retroactive effect; provides effectivity intervention.
Art 5 Acts executed against Mandatory and Prohibitary laws are void San Luis v San Luis Surviving spouse even though not capacitated has the
Exceptions capacity for the administration of estates if properties are acquired during
Art 6 Waiver of rights cohabitation.
Right, Waiver Defined
Requisites of waiver of rights
Lavadia v Heirs of Luna Claim for properties during cohabitation must be - Calatagan Golf Club v Clemente Corp may have only followed their CBL,
accompanied with sufficient evidences, otherwise, surviving spouse is not but they must never act in bad faith. In this case, they have not looked for
entitled for the same. No judicial approval of the Agreement for Separation other ways to reach Clemente.
and Property Settlement - Ardiente v Javier A right though by itself is legal because recognized by the
Noveras v Noveras PH court does not acquire foreign jurisdiction (Lex Rei law as such, must nevertheless become the source of some illegality.
Sitae) - Sesbreno v CA and Delmo The act of Philfinance accepting investments
Orion Savings Bank v Suzuki - the party invoking the application of a foreign when its entire face value was already obligated or marked for set off is
law has the burden of proving the foreign law. The foreign law is a question difficult to comprehend and may have motivated with bad faith.
of fact to be properly pleaded and proved as the judge cannot take judicial - Saladaga v Astorga Respo disregarded the highest standard of legal
notice of a foreign law. He is presumed to know only domestic or the law of profession, morality, honesty and integrity and fair dealing required from
the forum. lawyers obligating him to be administratively liable.
Del Secorro v Wilsem General Rule: Foreign nationals are subject to their Art. 20 Willful and Negligent Acts contrary to Law
own law Art. 21 Willful acts contrary to Moral
Exception: If the foreign national law failed to prove the national law in his - Damages that can be availed (MENTAL)
favor - Buenaventura v CA When only one party in marriage is in good faith, the
Art 16 Lex Rei Sitae share of party In bad faith in the co-ownership shall be forfeited in favor of
Exemption (2) their common children.
Renvoi Problem Art 22 Duty to return what was acquired unjustly or illegally
Orion Savings Bank v Suzuki - the party invoking the application of a foreign - Unjust Enrichment
law has the burden of proving the foreign law. The foreign law is a question - Nemo cum alterius detriemeto protest
of fact to be properly pleaded and proved as the judge cannot take judicial - Nemo ex alterius incommode debet lecuplatari
notice of a foreign law. He is presumed to know only domestic or the law of - Filinvest v Ngilay The respondents must return the amount paid by the
the forum petitioner in a void sale of land. The acts of the former is tantamount to
Intestate will vs Testamentary will judicial acquiescence to unjust enrichment.
Art 17 Lex Rei Celebrationis - Gonzalo v Tarnate The doctrine of pari delicto states that the guilty parties
(2) - Refers to acts executed before public and consular officials to an illegal contract are not entitled to any relief, but it cannot prevent one
Extra-Territoriality Principle party from for recovery if dong so violates the public policy against unjust
Art 18 In matters which are governed by Code of Commerce and Special laws enrichment.
Suppletory Effect of the Civil Code - Bliss Development v Diaz Parties are fighting for the claim on the land
Exemption which is already in res adjudicata. An interpleader only determines the rights
Cutthroat Competition and obligations of the parties and adjudicate their respective claims.
Art 23 Duty to Indemnify because of benefit received
Chapter 2 Art 24 Parens Patriae
Art 25 Thoughtless extravagance
HUMAN RELATIONS
Art 26 Duty to respect the dignity, personality, privacy and peace mind
- Acts, though may not constitute criminal offense, shall produce a cause of
Art. 19 - Principles of Abused Rights action for damages, prevention and other relief
- Far East Bank v Pacilan Person cannot claim for damages if he acted in bad - Remedies
faith or theres negligence on his part to perform his duties - Jerome Castro v People of the Philippines The action of the petitioner with
- Uypitching v Quiamco Person who violated the law as well as public deliberate intent of bringing Tan into discredit, dishonor and disrepute and
morals, and transgressed the norms are acting in bad faith contempt, did then and there willfully, unlawfully and feloniously speak and
- Cebu Country Club v Elizague The corporation may have the right but must utter the words.
never the source of illegality
- Yap v Cabales BP BLG 22 is not a prejudicial question in the annulment of
Art 27 Refusal or neglect in Performance of Official Duty the contract. Thus, there is no necessity that civil case be determined first
- Three Kinds of bribes before taking the criminal case.
- Ledesma v CA and Delmo The principal acted in bad faith by not finishing - Dreamwork v Janiola Peculiar circumstances of the case clearly indicates
the reading of the telegram by the director. Furthermore he acted in bad that the filing of civil cases was a play to delay the resolution of the criminal
faith when he abused his power. case. Mere act of issuing bounced checks is punishable regardless to how it
- Campugan v Tolentino - the respondent judge is not in bad faith is not in was issued and its terms and conditions.
bad faith because its not his duty to process the documents, and the Civil - Pimentel v Pimentel The issue in paricide is whether the accused is wether
Registry shall see to it that they have well presented the document. he performed all the acts of the execution of the which have killed
Art 28 Unfair Competition respondent as consequence but did not produce it by reason or causes
Art 29 - Criminal vs Civil Liabities independent to the perpetrators will.
Art 30 Civil liability Arising from unprosecuted criminal Offense - Consing v People The Determination if the issue for injunctive relief is
Art 31 Independent Civil Action irrelevant to the guilt or innocence of the respo in the criminal case for
Art 32 Breach of Constitutional Rights and other Rights estafa through falsification of public document.
Art 33 Defamation, Fraud, Physical Injuries - Peope v Arambulo- The legality or validity of private respos designation
Art 34 Independent Civil Action for the Liability of City or Municipal Police Force constitutes a valid prejudicial question.
Art 35 Rule if no Independent Civil Action is Granted
- People v Bayotas Kapunan said when a defendant dies before judgment BOOK I. PERSONS
becomes executory, there cannot be a determination of final judgment
WON the felony upon the civil action might arise exist for the simple
Title I Civil Personality
reason, there is no party defendant. Chapter 1 General Provisions
- Frias v San Diego Pets act of trying to deprive respo of the security of her Art 37 Juridical Capacity, Capacity to Act
loan by executing an affidavit of loss the title and instituting a petition for - Capacidad Juridaca
the issuance of new TCT entitles respo for moral damages. - Capacidad de obrar
- Dalaruya v Olivia The acquittal of the criminal liability does not necessarily Art 38 Restrictions on the capacity to act
extinguish the civil liability. Art 39 Modifications on the capacity to act
- Basilania v Vilaruz
Chapter 2 Natural Persons
- Pople v Dionaldo The CA gave weight and credence to the testimonies of Art 40 Beginning of Personality
the prosecution witness, which they found to be straight, forward and - Presumptive personality
consistent. Art 41 Foetus
Art 36 Prejudicial Question - Quimiging v Iqao A conceived child although as yet unborn, is given by law
- Definition a provisional personality of its own for all purposes favorable to it, has a right
- Requisites to support form its progenitors.
- Tuanda v SandiganBayan The civil case constitutes a valid prejudicial - Continental Stell v Montao dependent is one who relies on another for
question to warrant suspension of arraignment and further proceedings in support, one not able to exist or sustain oneself without power or aid of
the criminal case against petitioner. someone else.
- Beltran v People Pendency of the case for declaration for nullity of -
marriage is not a prejudicial question that should merit the suspension of Chapter 3 Juridical Person
the criminal case for concubinage. Art 44 Juridical Persons
- Pasi v Licahuco if the acts of the respo is valid and within his authority, Art 45 Determination of Nationality of Juridical Persons
there would be no prohibited act to speak of nor there woule be no basis for Art 46 Rights of Juridical Persons
undue injury claimed to have been suffered by the petitioner. Art 47 Rule if public Juridical Persons are Dissolved