Persons and Family Relations

IBR

PRELIMINARY TITLE a. The right to things or the right of property - “An Act to Ordain and Institute the Civil Code of the
CHAPTER 1 - EFFECT AND APPLICATION OF LAWS and its modifications Philippines
b. The right of obligations - effectivity date: August 30, 1950
Sanchez Roman: Law is a rule of conduct, just, obligatory, c. The right of hereditary succession - language used: English
promulgated by legitimate authority, and of common ‣ in interpreting its provisions, the English text shall
observance and benefit. prevail over any translation, including any Spanish
translation
Civil Law Civil Code
Natural Law - promulgated in our conscience and body (ex.
Natural Moral Law, Law of Nature) Sources of the New Civil Code
Most of our civil laws are found Civil Code is not the only
Positive Law - promulgated expressly or directly [Divine in the Civil Code repository of our civil laws 1. Spanish Civil Code of 1889
Postitive Law (10 Commandments), Divine-Human Positive 2. Foreign laws
Law, Human Positive Law] Many civil laws like Child and Some civil laws are not found in a. civil code of Argentina,
Human Positive Law - reasonable rule of action, expressly Youth welfare Code, Family the Civil Code b. England,
or directly promulgated by competent human authority for Code, etc. c. France,
the common good, and usually, but not necessarily, imposing d. Germany,
wider concept than the Civil Civil Code is part of the Civil
a sanction in case of disobedience. Code Law e. Italy,
f. Mexico,
g. Switzerland,
Background of the Civil Code of the Philippines h. United States (California and Louisiana)
Art. 1. This Act shall be known as the Civil Civil Code of Spain 3. Foreign judicial decisions, comments and treaties of
- effectivity date: December 7, 1889 foreign jurists
Code of the Philippines - extended to the Philippines by the King of Spain 4. Doctrinal decisions of the Philippine Supreme Court
pursuant to Royal Decree of July 31, 1889 5. Philippine Laws such as the Marriage Law, Divorce
It was patterned after Code of Napoleon which is based Law, Rules of Court
Civil Code, definition 6. 1935 Constitution of the Philippines
on the following:
a collection of laws which regulate the private relations 7. Report of the Code Commission
1. Ley de Bases of Spain (May 11,1888)
of the members of civil society, determining their respective 8. Filipino customs and traditions
2. common law of Castilla
rights and obligations, with reference to persons, things and
3. opinions of jurisconsults on Spanish civil laws
civil acts
4. foreign laws (French civil code)
Civil Law, definition
Art. 2. Laws shall take effect after fifteen
Executive Order No. 48 days following their official publication in
consists of that mass of precepts that determine or
- July 4, 1946
regulate the relations that exist between members of society
- Pres. Manuel Roxas created a Code Commission
the Official Gazette, or in a newspaper of
for the protection of private interests general circulation, unless it is otherwise
- Head of the Committee: C.J. Ramon Avancena
Castan: Civil law is a system of norms or rules of a character
- Original 4 members: provided. This Code shall take effect one
4. Dr. Jorge Bocobo - Chair year after such publication.(2) (As
general and common which regulate the relations of persons,
5. Judge Guillermo B. Guevara
individual or collective, and which protects the person in his
6. Dr. Pedro Y. Ylagan amended by Executive Order No. 200
personality as well as his interests both moral and
7. Dean Fransisco R. Capistrano dated June 18, 1987.)
patrimonial.
8. Arturo M. Tolentino - added in 1948; resigned in
Therefore, it covers:
1949
1. The person himself and the rights of personality
9. Dr. Carmelino Alvendia - replaced Tolentino
2. The family and rights of family Newspaper of General Circulation is one where:
3. Associations and partnerships (Basa vs. Mercado)
Republic Act 386
4. The human patrimony which includes 1. its circulation is made within the court’s jurisdiction
- approved on June 18, 1949

Persons and Family Relations Page 1 of 38

 Persons and Family Relations
IBR

2. it is published at regular intervals for the dissemination of
local news and general information with bona fide
subscription list of paying subscribers; and
3. it is not devoted to the interest or published for the
entertainment of a particular class, profession, trade,
calling, race or religious denomination
Effectivity of laws:
if date is provided: it becomes effective only upon the lapse
of said period following it’s complete publication and not
before
if no date is provided: it becomes effective after 15 days
following the law’s complete publication in the Official
Gazette or in a newspaper of general circulation; it is
effective on the 16th day following the law’s complete
publication
Tañada vs. Tuvera
“unless otherwise provided”
- refers to the date of effectivity of laws
- publication is indispensable
“publication must be complete”
- publication of the law must be FULL or COMPLETE or
there is no publication at all
- the mere mention of the number of the law, its title, the
supposed fate of its effectivity and its whereabouts is not
substantial compliance
4. Administrative Rules and Regulations - if the purpose is
to enforce or implement existing laws pursuant to a valid
delegation. (Phil. International Trading Corp. vs. Judge
Angeles)
Art. 3 Ignorance of the law excuses no one
from compliance therewith. (2)
Ignorance
- “want or absence of knowledge”
- It is the state of being unaware or uninformed of something
or act under consideration
Rationale behind Article 3
- rule is intended to prevent evasion of the law
- “The principle of ignorantia legis nemininem excusat is a
rule of necessity and is limited in its scope by the reason
of it; otherwise mere ignorance in fact of the law would
furnish immunity from punishment or violation of the
criminal code and immunity from liability of actual loss for
violation of personal and property rights” (Topolewsky vs.
Plangkington Packing Co.)
Ignorance of the Law Ignorance of Fact
- People vs. Navarro - it was held that the rule should not be
applied with equal force to minors who, due to their lack of
intelligience, should be treated differently
- In re Filart - the SC held that a lawyer should not be
disbarred for having committed an honest mistake or error
of law
- In cases covered by Article 24, which includes minors,
those who are morally dependent, ignorant, indigent,
mentally weak or has other handicap, where the law
seeks the welfare of incapacitated, disadvantaged and
handicapped.
Rule applies only to domestic laws = mandatory and
prohibitive
Not applicable to Foreign Laws as such are proved as
matters of fact
- party who claims the applicability of a foreign law bears
the burden of proof as our courts do not take judicial
notice of foreign laws
- existence of such must be pleaded and proved as matters
of fact (Adong vs. Cheong Seng Gee)
- ignorance of foreign law = mistake of fact (Marshall vs.
Coleman)
- A foreign law is a matter of fact which must be proven with
evidence. In the absence of any contrary evidence, it is
presumed to be the same as our domestic law” (Miciano
vs. Brimo)

want of knowledge or want of knowledge of some fact

Laws that need publication: Manzano vs. Sanchez
acquaintance with the laws of or facts constituting or relating - Where a judge solemnized a void and bigamous marriage
Tañada vs. Tuvera - “The word “laws” in Art. 2 includes
the land insofar as they apply to to the subject matter in hand
all laws and not only to those of general application, for the act, relation, duty, or matter was guilty of gross ignorance of the law.
strictly speaking all laws relate to the people in general under consideration
although there are some that do not apply to them directly…
To be valid, the law must invariably affect the public interest ignorance of the law excuses ignorance of act may excuse a
even if it might be directly applicable only to one individual, no one party from the legal
consequences of his conduct
Art. 4. Laws shall have no retroactive effect,
or some of the people only, and not to the public as a whole.”
unless the contrary is provided.
ignorancia juris non excusat ignorancia fact excusat
1. ALL statutes, including those of local application and
private laws, shall be published as a condition for their
effectivity. When the rule may be relaxed: Retroactivity, concept
2. BSP Circular which is punitive in nature - When there is a mistake on a doubtful question of law or when a law is made applicable to situations or acts
3. Executive Orders which is punitive in character (Tañada on the construction of the law performed before its effectivity
vs. Tuvera)

Persons and Family Relations Page 2 of 38


It creates new obligation, imposes a new duty or
attaches a new disability in respect to a transaction already
past (Camacho vs. CIR)
General Rule: All laws apply prospectively
Exception:
1. When statute provides for retroactivity
‣ so clear, strong and imperative that no other meaning
can be annexed to them, or unless the intention of the
legislature cannot be otherwise satisfied
‣ Prospective operation will be presumed when a
retroactive operation would produce invalidity
2. Remedial Laws
‣ laws which provide for the methods of enforcing rights
or obtaining redress for their violation
‣ procedural laws may apply retroactively to pending
proceedings even without any explicit provision to that
effect (Tolentino vs. Alzate)
‣ substantive laws cannot be givne retroactive effect
(Tolentino vs. Alzate)
3. Penal Laws favorable to the accused
‣ Article. 22 of the RPC
“Penal laws shall have a retroactive effect, insofar as
they favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in rule 5 of
Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been
pronounced and the convict is serving the same.”
4. Curative Laws
‣ are laws intended to correct errors or irregularities
incurred in judicial or administrative proceedings, acts
of public officers, or private deeds and contracts
which otherwise would not produce their intended
consequences by reason of some statutory disability
or the failure to comply with some technical
requirements
‣ must not impair vested rights nor affect final
judgements (Aetna Insurance Co. vs. O’Malley)
‣ interpreting laws - those intended to clarify or interpret
a provision/s of an existing statute are also curative in
nature and thus have retroactive effect
5. Emergency Laws
Persons and Family Relations
IBR
‣ laws intended to meet exigencies which require against the respondents was dismissed, the court
immediate action reinstated the civil action she filed against the
6. Laws creative new rights respondents. “Rules of procedure apply even to cases
‣ provided that no vested right of same origin is already pending at the time of their promulgation”
affected
7. Tax laws
‣ those which impose taxes may be given retroactive Art. 5. Acts executed against the provisions
effect. of mandatory or prohibitory laws shall be
‣ liability for taxes is incidental to social existence void, except when the law itself authorizes
(Lorenzo vs. Posadas)
their validity.
Atienza vs. Brillantes
➡ Lupo Atienza files an administrative case against Judge Mandatory Laws, definition
Brillantes on grounds of gross immorality for having The omission of which renders the proceedings to which
bigamous marriage with Yolanda de Castro and Zenaida it relates void. A statute is mandatory when the provision of a
Ongkiko. Respondent contended that Article 40 does not statute is the essence of the thing required to be done
apply to him because his first marriage was in 1965 ex.
(before FC was effective.) Article 256 states that FC Family Code provides the prescription of 1 year for
provides for retroactivity provided that it does not the husband to impugn the legitimacy of a child from the
prejudice or impair vested or acquired rights. He failed to time of knowledge of his birth or the recording in the civil
show any right that was prejudiced. Moreover, Article 40 of register, if he should live within the same municipality
the FC is applicable to marriages after Aug. 3, 1988 (his where the birth took place
2nd marriage) regardless of the date of the 1st marriage.
Prohibitory Laws, definition
Carlos vs. Sandoval that which contain positive prohibitions and are couched
➡ Brother in law of surviving spouse impugns (1) the in the negative terms importing that the act required shall not
marriage for lack of marriage license and (2) the be done otherwise than designated (Brehm vs. Republic)
legitimacy of the his nephew, Teofilo III. The court holds ex.
that A.M. 02-11-10-SC covers marriage under the FC and Family Code provides that no decree of legal
is prospective in its application. Since the marriage was separation shall be based upon a stipulation of facts or a
celebrated on May 14, 1962, Civil Code is applicable. confession of judgement
Although, it is silent, the court says that the plaintiff must
be a real party-in-interest. The case was remanded back
to the RTC. The latter was instructied to dismiss the nullity
Mandatory Laws Directory Laws
of marriage in case of lack of cause of action if it proven
by evidence that Teofilo III is a legitimate, illegitimate. or
omission of which renders the non observance of which
legally adopted son of Teofilo Carlos, the deceased proceedings to which it relates results in a valid act/
brother of petitioner. to, void proceeding
Cheng vs. Sy the provision of the statute is only relates to form and manner
➡ Court held that the 2000 Revised Rules on Criminal the essence of the thing or where an act is incidental or
Procedure, being a procedural law, is considered to apply required to be done after jurisdiction acquired
retroactively, provided that it must not give way to new
rights, etc. Since the BP 22 charges the petitioner filed
Persons and Family Relations Page 3 of 38
 Persons and Family Relations
IBR

Mandatory Laws Directory Laws warrants an inference of relinquishment of such right

have directives as “shall”
ex. Art. 739 which prohibits the
making of donations to certain
persons
(Christenson vs. Carleton). It is expressed or implied.
have directives as “may”
Art. 6. Rights may be waived, unless the Requirements of a valid waiver:
ex. When the judge is required
to decide cases within a certain waiver is contrary to law, public order, 1. Waiving party must actually reason: one cannot waive what
period. Although submitted at a morals, or good customs, or prejudicial to a possess the right he is he does not have, possessed or
later time, the decision is still
valid
third person with a right recognized by law. renouncing owned at the time of the waiver

(4a)
2. He must have full capacity reason: if incapacitated, the
to make the waiver waiver is defective for lack of
Four ways of validating an act or contract contrary to a Right, meaning free consent
Mandatory Law: A right is a legally enforceable claim of one person
1. By expressly validating the contract against another, that the other shall do a given act, or shall
‣ Article 349 of the RPC punishes bigamy: If bigamy not do a given act. 3. Waiver must be clear and reason: as waiver is deprivation
It is that which one person ought to have or receive from unequivocal of right, it must not be favored in
committed under the circumstances provided in
case of doubt
Article 41 of the FC, the subsequent bigamous another, it being withheld from him, or not in his possession.
marriage is considered valid. Right has the force of claim and is properly expressed by the 4. W a i v e r m u s t n o t b e reason: this is an explicit
2. By making the invalidity to depend on the will of the Latin “jus.” contrary to law, public condition imposed by Article 6
injured party, such as voidable or annullable contracts Right is a power, privilege or immunity guaranteed under policy, morals or good which must be complied with
‣ When consent in marriage is vitiated by violence or a constitution, statutes or decisional laws, or claimed as a customs or prejudicial to a
intimidation, the marriage is voidable and annullable. result of long usage. third person with a right
The victim may or may not however opt to annul the recognized by law
marriage (Article 45 of the FC.) The discretion to annul
belongs solely to the victim or side of the victim Right, classification
5. W h e n f o r m a l i t i e s a r e reason: the formalities are
3. By punishing it criminally but validating the act 1. Natural - those which are plainly assured by natural law; required as in the case of requirements for the validity of
‣ Article 351 of the RPC punishes widows for premature those by fair deduction from the present physical, moral, an express condonation of the act.
marriages. If a widow remarries within the prohibited social and religious characteristics of man, he must be a debt [mandating the
period of 301 days, nevertheless, the marriage invested with and which he ought to have realized for him formalities of a donation]
remains valid but without prejudice to her criminal in a jural society, in order to fulfill his ends to which his the formalities must be
liability nature calls him complied with
‣ Article 7, par 1of the FC authorizes incumbent judges ‣ rights of life, liberty and good reputation
to officiate marriages without their territorial 2. Civil - rights appertaining to a person by virtue of his Famanila vs. CA
jurisdiction. However, if a judge officiated a marriage citizenship in a state of community; rights capable of ➡ Even if the petitioner was “totally disabled,” and in the
outside his jurisdiction, nonetheless, the marriage being enforced or redressed in a civil action absence of proof that his consent was vitiated, the Court
remains valid but without prejudice to the prosecution ‣ rights of property, marriage, equal protection of held his waiver vaild because the petitioner did it (1)
of the judge for administrative or criminal liability laws, freedom of contract, trial by jury, etc. voluntarily, (2) with full understanding of what he was
4. By invalidating the act but recognizing the legal 3. Political - the power to participate, directly or indirectly, in doing, and (3) the consideration for the quitclaim is
effects as flowing from the invalid act (Sampaguita the establishment of the government credible and reasonable.
Pictures Inc. vs. Villamayor) ‣ right of citizenship, suffrage, to hold public office,
‣ Under Article 36 of the FC provides that the marriage right to petition Guy vs. CA
of a party suffering from psychological incapacity is ➡ Court held that a receipt showing that respondents have
void. But the children born before the final declaration Waiver, meaning received educational/financial assistance is not a valid
of the nullity of the marriage are considered legitimate It is the intentional or voluntary relinquishment of a waiver as (1) it did not state explicitly and clearly the intent
(Article 54 of the FC) known right (Castro vs. Del Rosario) or such conduct as

Persons and Family Relations Page 4 of 38


to abandon a right, (2) it did not state with clarity the
purpose of its execution, and (3) to waive a successional
right, a judicial approval must be obtained (Article 1044)
Art. 7. Laws are repealed only by subsequent
ones, and their violation or non-observance
shall not be excused by disuse, or custom or
practice to the contrary.
When the courts declare 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. (5a)
No Human Positive Law is perpetually permanent.
Kinds of Repeal:
1. Express - when the repealing law provides for a
provision or a repealing clause explicitly stating that a
particular existing law or part of a law is thereby repealed
2. Implied - when there is no repealing clause in the
repealing law, but the prior and the subsequent law could
not reconcile being substantially inconsistent with one
another
Sipin vs. Rojas
Following the rule that implied repeals are not favored,
statutes in pari materia should be harmonized if possible.
If there is an implied repeal concerning:
laws of the same category and the subsequent one prevails
cover the same subject matter
Persons and Family Relations
IBR
If there is an implied repeal concerning:
stress should be placed on
which law is PRIOR in
general law vs. special law
enactment in relation to the
other
general law enacted PRIOR to the special law is merely an
the special law exception to the general law
special law prevails
EXCEPTIONS:
1. When the law is clear,
necessary and
irreconciliable conflict
between the two (Compañia
General vs. Collector of
general law is enacted LATER Customs)
to the special law 2. When the general law
covers the whole subject
(including the subject matter
of the special law) and is
clearly intended to replace
the special law (Joaquin vs.
Navarro)
General Rule: In case of implied repeal, there is revival. In
the case of express repeal, there is no revival.
Exception: There is revival if the contrary is provided.
Constitutionality of Laws:
‣ until a law is declared void by a competent authority, it
remains valid and effective (NAWASA vs. Reyes)
‣ the action must be filed by the proper party who must
show that his interests are or about to be adversely
affected by the enforcement of the law (People vs. Vera)
‣ a law may be declared unconstitutional either because (1)
its purpose or effect contravenes the Constitution or its
basic principles, (2) arbitrary method may have been
established, or (3) enactment of the law is not within the
power of legislative body to enact (In re: Cunanan)
Judicial decisions
Persons and Family Relations
Art. 8. Judicial decisions applying or
interpreting the laws or the Constitution shall
form part of the legal system of the
Philippines. (n)
- they have the force and effect of laws, as they assume
the same authority as statutes themselves (People vs.
Jabinal, Floresca vs. Philex Mining Corp.)
- Court’s interpretation of a statute constitutes part of the
laws as of the date it was originally enacted
Jurisprudence
- doctrines formulated by the decisions of the Supreme
Court constitute what we call jurisprudence
- these doctrines amplify and supplement the written law
- CA decisions serve as judicial guides to the lower courts
- RTC and MTC decisions are not authoritative no matter
how sound they are
Constitutional Requirements for Validity of Decisions
‣ Article VIII, Sec 14, 1987 Constitution
“No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and
the law on which it is based”
‣ minute resolutions = not a violation of the provisions of
the Constitution; they are not decisions within the
constitutional requirement; merely resolve that the
petition for review is not entertainable under the Rules of
Court (Que vs. People)
Stare Decisis, doctrine (et non quieta movere)
The doctrine of stare decisis is one of policy grounded
on the necessity for securing certainty and stability of judicial
decisions (Confederation of Sugar Producers Association,
Inc vs. Department of Agrarian Reform.)
This doctrine requires lower courts to follow the rules
established in prevailing decisions of the Supreme Court.
- When the SC had already resolved a particular
issue of jurisdiction in several cases, it is a salutary
and necessary judicial practice to apply the rulings
therein to the subject petition (Estrada vs. Desierto)
- Once a case has been decided one way, any other
case involving exactly the same point at issue
Page 5 of 38

should be decided in the same manner (Pacquing
vs. Coca-Cola Philippines, Inc.)
- In order that a case can be considered as a
precedent to another case which is pending
consideration, the facts of the first case should be
similar or analogous to the second case. (Jesus S.
Yujuico vs. Republic)
Rationale of Stare Decisis (Justice Puno in Lambino vs.
COMELEC)
“It is fundamental jurisprudential policy that prior
applicable precedent usually must be followed even though
the case, if considered anew, might be decided differently by
the current justices, and this policy is based on the
assumption that certainty, predictability and stability in the
law are major objectives of the legal system, i.e. that
parties should be able to regulate their conduct and enter
into relationships with reasonable assurance of the governing
rules of law.”
Kinds of Stare Decisis (Justice Puno in Lambino vs.
COMELEC)
1. Vertical Stare Decisis
- deals with the duty of lower courts to apply the
decisions of the higher courts
- an obligation
2. Horizontal Stare Decisis
- high courts must follow their own precedents
- a policy, imposing a choice and not a command
- kinds of horizontal stare decisis:
a. constitutional stare decisis - more flexibility in
refusing to apply stare decisis in constitutional
litigations
b. statutory stare decisis
Exceptions to the doctrine of stare decisis:
1. If a rule as a precedent is found contrary to law (all the
more if it is repugnant to the Constitution)
2. If the precedent has ceased to be beneficial and useful
to society in the light of the changing conditions
➡ PROVIDED that these must be based only on strong
and compelling reasons.
Persons and Family Relations
IBR
Factors to consider before overturning prior rulings (Justice
Puno in Lambino vs. COMELEC):
1. workability
2. reliance
3. intervening developments in the law
4. changes in fact
5. closeness of the voting
6. age of prior decision
7. merits
It is unethical for lawyers to cite, as authorities, decisions
which have already been overruled and no longer controlling
(Canon 22, Code of Professional Ethics)
Obiter Dictum, concept
It is a remark made or opinion expressed by a judge, in
his decision upon a cause, “by the way”, that is, incidentally
or collaterally, and not directly upon a question before him, or
upon a point not necessarily involved in the determination of
the cause, or introduced by way of illustration, or analogy or
argument. (Delta Motors Corporation vs. CA)
It is not binding as a precedent. It must not touch a
matter than has been questioned or raised as issue,
otherwise it would not be an obiter dictum but a factual
finding (Villanueva, Jr. vs. CA)
Art. 9. No judge or court shall decline to
render judgement by reason of the silence,
obscurity or insufficiency of the laws. (6)
It is the duty of the judge to render a decision to fill the
existing vacuum in obscure or insufficient laws.
Justice Holmes:
“do and must legislate” to fill the gaps in the law; because
the mind of the legislator, like all human beings, is finite and
therefore cannot envisage all possible cases to which the law
may apply. Nor has the human mind the infinite capacity to
anticipate all situations.
Persons and Family Relations
In case of silence the judge can resort to:
1. customs
2. general principles
3. decision of the Courts
4. opinons of authors and professors (Arturo Tolentino
best in Civil law)
5. applicable rules in statutory construction
Limitations in rendering judgements:
1. Principle of Separation of Powers
- the Courts shall not legislate, otherwise, they will
be encroaching on the functions of the
Legislature
2. The decision must be just, equitable, not contrary to
law, public order, public policy, morals and good
customs
3. When the law is clear, there is nothing else for the
judge to do but apply it. No matter how hard the law,
it must be applied. (dura lex sed lex)
“ubi cadem ratio ibi eadem disposito”
Where the law governing a particular matter is silent on
a question at issue, the provision of another law governing
another matter may be applied where the underlying
principle or reason is the same.
Article 9 is only applicable to civil cases
Cannot be applied in penal cases for the principle “nullum
crimen, nullua poena sine lege”
Silverio vs. CA
➡ In this case, Ricardo Silverio, a man, wanted to change his
gender to “female” and his name to “Mely” in his birth
certificate. The court held that a person’s first name
cannot be changed on the ground of sex reassignment.
The State has an interest in the names borne by
individuals and entities for purposes of identification. A
change of name is a privilege, not a right. No law allows
the change of entry in the birth certificate as to sex on the
ground of sex reassignment. The law only allows
correction in the birth certificate which entails only clerical
and typographical errors.
➡ If the legislature intends to confer on a person who has
undergone sex reassignment the privilege to change his
name and sex to conform with his reassigned sex, it has to
Page 6 of 38

enact legislation laying down the guidelines in turn
governing the conferment of that privilege
➡ It might be theoretically possible for this Court to write a
protocol on when a person may be recognized as having
successfully changed his sex. However, this Court has no
authority to fashion a law on that matter, or on anything
else. The Court cannot enact a law where no law exists. It
can only apply or interpret the written word of its co-equal
branch of government, Congress.
Art. 10. In case of doubt in the interpretation or
application of laws, it is presumed that the
lawmaking body intended right and justice to
prevail. (n)
Rationale
According to the Code Commission, “so that it may tip the
scales in favor of right and justice when the law is doubtful
and obscure. It will strengthen the determination of the courts
to avoid an injustice which may apparently be authorized by
some way of interpretating the law.”
When is Article 10 applicable? When there is only doubt.
U.S. Navarro: In case of doubt, the judge should proceed on
“the presumption that the lawmaking body intended right and
justice to prevail. Thus if a law could be construed in two
ways, that construction which will achieve the ends desired
by Congress should be adopted.
In Re: Allen: All laws should receive a sensible construction,
and when a literal interpretation of general terms would lead
to injustice, oppression, or absurdity, it must be presumed
that the legislature intended exceptions to its language which
would avoid such results.
Some Fundamental Principles in Statutory Construction
1. A law should be interpreted not by the letter that killeth
but by the spirit that giveth life (De Castro vs. Olondriz)
2. When statutes are silent or unambiguous, the courts
should consider the vehement urge of the conscience
(Padilla vs. Padilla)
Persons and Family Relations
IBR
3. When the reason for the law ceases, the law
automatically ceases
4. Strict interpretation should be applied to laws which are
in derogation of natural or basic rights
5. Criminal laws and tax laws should be interpreted strictly
against the State
6. The judge should not apply equity if equity will not serve
the ends of justice. The judge should instead apply the
law strictly (Rodriguez Luna vs. IAC)
7. Equity follows the law. Justice is done according to law.
(Rural Bank of Paranaque, Inc. Remolado)
8. Equity is justice tempered with mercy. Its purpose is to
soften the rigors of postitive laws
9. The Rules of Court must be liberally construed in order to
promote their object and to assist the parties in obtaining
just, speedy, and inexpensive determination of every
action and proceeding (Rule 1, Sec. 2 Revised Rules of
Court)
Malang vs. Moson - The Court is duty-bound to resolve the
instant case applying such laws and rights as are in
existence at the time the pertinent civil acts took place, and
is unable to supplant governing law with customs, albeit how
widely observed.
Art. 11. Customs which are contrary to law,
public order, public policy shall not be
countenanced. (n)
Custom, definition
It is a rule of conduct formed by repetition of acts,
uniformly observed (practiced) as a social rule, legally
binding and obligatory. (In the Matter of the Petition for
Authority to Continue to Use of the Firm Name “Ozaeta,
Romulo, Etc.”)
Usage Custom
repetition of acts a law or general rule which arises
from repetition of acts
Persons and Family Relations
Usage Custom
there can be usage without custom there cannot be a custom without a
usage accompanying or preceding
it
Kinds of customs:
1. General Customs - are those that prevail throughout a
country; one that is followed in all cases by all persons in
the same business in the same territory, and which has
been so long established that persons sought to be
changed thereby, and all other living in the vicinity, may
be presumed to have known of it and to have acted upon
it as they had occasion.
2. Local Customs - are such that prevail only in a particular
district or locality, or in some city, county, or town.
3. Particular Customs - (nearly the same as local customs)
are those that affect only the inhabitants of some
particular district.
What’s the use of customs in law?
Under Article 9, when there is no law that applicable to a
case brought before a judge, or if the law is obscure or
insufficient to provide a clear guidance on the resolution of
the case, the judge who is mandated to make a decision
may resort to customs as guide or criterion.
When a custom is not contrary to law, public order, or
public policy, it may be given the force of an obligatory
rule, provided that the following are present:
1. plurality of acts or the acts have been repeatedly
done
2. it is generally practiced by the great mass of the
social group
3. the practice has been going on for a long period of
time
4. the community accepts it as a proper way of acting,
such that is considered obligatory upon all
(Patriarcha vs. Orate)
Page 7 of 38

Art. 12. A custom must be proved as fact,
according to the rules
General Rule: A custom becomes an obligatory rule only
when it has been proven as a fact. There is no judicial
notice of Customs.
- must be alleged in the pleadings
- its existence must be proven by evidence (1) by
testimony of witnesses or (2) by documents recognizing
its existence and its observance for a long time
- Exceptions:
1. A court may take judicial notice of a custom if
there is already a decision rendered by the
same court recognizing the custom, especially if
the decision had already been affirmed on appeal
and the decision already final and executory
2. Section 2 and 3 of Rule 129 of the New Rules of
Evidence
‣ “Sec. 2. Judicial Notice, when discretionary. — A
court may take judicial notice of matter which are
of public knowledge, or are capable of
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 may announce its
intention to take judicial notice of any matter and
allow the parties to be head thereon.”
“After the trial, and before judgement 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)
Persons and Family Relations
IBR
If custom is proved If custom is NOT Art. 13 When the laws speak of years, months
proven days or nights, it shall be understood that
there is a presumption that the the alleged custom does not years are of three hundred sixty-five days
person whose acts are the exist. each; months, of thirty days; days, of twenty-
subject of the controversy four hours; and nights from sunset to sunrise.
acted in accordance with the
If months are designated by their name, they
custom of the place where the
acts were performed or shall be computed by the number of days
consummated and not in which they respectively have.
accordance with the customs of
In computing a period, the first day shall be
the place where the court is
located. The rule is applied excluded, and last day included. (7a)
when there are different
customs in the said places.
First day excluded, last day included.
Lichauco vs. Armstrong
It will be remembered that the If the first day is not excluded, then that first day would
be less than 24 hours and will run in confilct with the law
contracts in question were
made with reference to the which provides that a day has 24 hours. (US vs. Tiqui)
Saigon-Hongkong trade. The
custom, therefore, of that trade basis: Rule 28 of the Old Rules of Court
should govern in the
interpretation of the contracts in Tolentino, on the Sundays and Holidays:
question. It is the duty of the when the act and the period are contractual, not required by
courts, so far as is possible in the law, court order, or rule of court, the act must be done on
compliance with the express
the last day, even if the latter should be a Sunday or a
provisions of law, to adopt that
Holiday. This is in consonance with the rule that the contract
interpretation given to contracts
by the merchants themselves is the law between contracting parties.
by actual practice.
Period
Cruz vs. Secretary of DENR One year 360 days
“customary law governs property rights or relations in If more than 1 year, will be
multiplied by 365 days
determining the ownership and extent of ancestral domains,”
“..in the absence of any applicable provision in the Civil One month 30 days
Code, custom, when duly proven, can define rights and If the month is particularized,
liabilities. Customary law is a primary, not secondary, source the month will be computed
of rights under the IPRA and uniquely applied to ICC/IPs. Its according to the actual number
recognition does not depend on the absence of a specific of days it contains
provision in the civil law. The indigenous concept of
o w n e r s h i p u n d e r c u s t o m a r y l a w i s s p e c i fi c a l l y
acknowledged and recognized, and co-exists with the civil
law concept and the laws on land titling and land
registration.
Persons and Family Relations Page 8 of 38
 Persons and Family Relations
IBR

Period principle is also expressed in Article 2 of the RPC

(territoriality and extraterritoriality.) Art. 15. Laws relating to family rights and
duties, or to the legal status, condition and
Week (not mentioned in the Two meanings:
provision) 1. when computed in Exceptions to the territoriality of Philippine Penal Laws: legal capacity of persons are binding upon
accordance with the citizens of the Philippines, even though living
calendar, it means 7 abroad.
successive days without Art. 14. Penal laws and those of public
regard to the day of the security and safety shall be obligatory upon all Legal Capacity, definition
week is shall begin who live or sojourn in Philippine territory, It is the legal power to enter into binding obligations or to
(recognized method of enjoy the privileges of a legal status.
computation)
subject to the principles of public international
1. Testamentary status - capacity to make a legally
2. when computed without law and to treaty stipulations. (8a)
effective will
reference to the calendar, it
2. Contractual status - capacity to enter into a legally
means beginning on 1. those are under principles of public international law -
Sunday and ending on binding contract
they enjoy diplomatic immunities from suit:
Saturday 3. Marital capacity - capacity to enter into a valid
a. heads of state
not unless another method is marriage
b. foreign ambassadors or diplomats (provided they do
stipulated upon not travel incognito)
Lex Fori Rule and Processual Presumption
One day 24 hours c. foreign army (where it is permitted; Raquiza vs.
Bradford) ‣ “law of the forum”
‣ if the application of a foreign law is invoked, that
Nights sunset to sunrise 2. Those expressly excluded from our jurisdiction due to
foreign law must be proved as a fact by the rules of
treaty stipulations
foreign evidence
a. american citizens mentioned in the Philippine-US
Bases Agreement ‣ in the absence of proof, it is presumed to be the same
Computation of Period when Last Day Falls on a Sunday
as that of the Philippine law — the law of the forum
or a Holiday
1. If the act is to be performed within the period is
Van Dorn vs. Romillo
prescribed or allowed (1) by the Rules of Court, (2) by an
Respondent (american citizen) wants to take part of his
order of the court, (3) by any other applicable statute, the
(filipina) ex-wife’s business after validly obtaining a divorce.
Sunday or holiday will not be considered as the last day.
The SC holds that pursuant to respondent’s national law, he
The last day will automatically be the next working day.
is no longer the husband of petitioner. He would have no
- For Public Sales or Foreclosures of Mortgages, the standing to sue in cases below as petitioner’s husband
sale is not automatically moved to the next day. There
entitled to control over conjugal assets.
is a need for republication of the notice of public
auction sale or foreclosure.
2. If the act to be performed within the period arises from a
contractual relationship, the period is not extended as the
Pilapil vs. Ibay-Somera
contract is the law between the parties (Article 1159,
German husband sues his ex-wife for adultery after
NCC) Status, definition
obtaining a divorce in Germany.
term which designates the circumstances affecting the legal
The SC held that the person who initiates the adultery
situation (sum total of capacities and incapacities) of a
case must be an offended spouse and by this is meant that
person in view of his age, nation and family membership.
he is still married to the accused spouse, at the time of the
Principle of Terrioriality, general rule:
filing of the complaint. In the present case, the fact that
While Philippine civil laws do not apply to aliens, Philippine Condition, definition
private respondent obtained a valid divorce in his country,
penal laws apply to everyone who sojourn in our It is a mode of state of being state or essential quality; status
said divorce and its legal effects may be recognized in the
territory. The sovereign State has the power to prosecute or rank.
Philippines in insofar as private respondent is concerned in
and punish the offender, be he a national or a foreigner. This

Persons and Family Relations Page 9 of 38


view of the nationality principle in our civil law on the matter
of status of persons.
Under the same considerations and rationale, private
respondent, being no longer the husband of petitioner, had
no legal standing to commence the adultery case under the
imposture that he was offended spouse at the time he filed
suit.
Recio vs. Recio
This case involved a Filipino who married an Australian
who he divorced in Australia. Years later he became an
Australian citizen. He then married a Filipina in the
Philippines without disclosing his previous marriage and
put “Filipino” as his nationality. Hence the Filipina wife filed
a case against him on grounds of bigamy. While the suit
was pending, the defendant went to Australia and obtained
a divorce. The SC held that the divorce was valid although
not sufficient as it did not comply with Sections 24 and 25
of Rule 132* in compliance of Article 52 of FC which
provides for the submission of the judgement of annulment
or of absolute nullity of the marriage. The burden of proving
Australian law lies with the party who alleges the existence
of the fact or thing necessary in the prosecution of defense
of an action.
SC holds that the legal capacity to contract marriage is
determined by the national law of the party concerned. The
certificate mentioned in Article 21 of the FC (which requires
an alien ot acquire a certificate of legal capacity to marry)
would have been sufficient to establish legal capacity of
respondent had he duly presented it in court. A duly
authenticated and admitted certificate is prima facie
evidence of legal capacity to marry on the party of the alien
applicant for a marriage license. There was no evidence
that proves respondents legal capacity to marry petitioner
as there was no records of his annulment to his Autralian
wife. SC remanded the case back to the RTC to receive
evidence and to find out the respondent’s legal capacity to
marry.
*Section 24 and 25 of Rule 132
Writing or document may be proven as a public or official
record of a foreign country by either:
(1) An official publication
(2) a copy thereof attested by the officer having
legal custody of the document
Persons and Family Relations
IBR
If the record is not in the Philippines, such copy must be:
(1) accompanied by a certificate issued by the
proper diplomatic or consular officer in the
Philippine foreign service stationed in the foreign
country in which the record if kept
(2) authenticated by the seal of his office
Quita vs. CA and Blandina Padlan
This case involved two Filipinos who obtained a
divorce abroad where the first husband remarried and
died. The issue being which spouse is the surviving
spouse. The court remanded this case to the RTC to find
out which spouse is to inherit from the deceased. The RTC
held (prior to the appeal) that the divorce obtained abroad
is not recognized here in the country. Thus, rendering the
deceased’s marriage to the 2nd wife bigamous. therefore,
null and void ab initio under Arts. 80 and 83 of the Civil
Code. Consequently, the 2nd wife is not a surviving spouse
that can inherit from the deceased as this status
presupposes a legitimate relationship.
Elmar Perez vs. CA
Tristan Catindig and Lily Gomez, Filipinos, obtained a
divorce in the Dominican Republic. They have 4 children.
Tristan, then married, Elmar Perez. They have 1 child. This
case involves Elmar Perez fighting for her legal standing
“as wife” in Tristan’s case to nullify his marriage with the 1st
wife, as a complaint-in-intervention. The SC ruled that she
had no legal interest as she is not the wife because the 1st
marriage was still subsisting when the 2nd marriage
happened. Marriage will be bound by the law in effect
when it was solemnized.
San Luis vs. San Luis
This case involves the settlement of the estate of
former Governor of Laguna who contracted 3 marriages in
his life:
1. Virginia Sulit - died; 6 children
2. Merry Lee Corwin - American citizen, filed for
divorce, 1 son; absolute divorce procured Dec. 14,
1973
3. Felicidad San Luis - June 20, 1974, no children
Persons and Family Relations
The Court holds that the petition for letters of
administration of the estate of Felicisimo should be filed in
the RTC of the province “in which he resides at the time of
his death.” In civil cases, residence is synonymous to
domicile: “his personal, actual or physical habitation, or
actual residence or place of abode, which may not
necessarily be his legal residence or domicile provided he
resides therein with continuity and consistency. Hence it is
possible that a person may have his residence in one place
and domicile in another.”
The Court remanded the case to the RTC to resolve the
issue of Felicidad's legal personality to file the petition for
letters of administration. Moreover, the court held that the
RTC need not apply retroactivity of Article 26 of the Family
Code, considering that there is sufficient jurisprudential
basis allowing us to rule in the affirmative.
Lavadia vs. Heirs of Juan Luces Luna
This case involves the 2nd wife fighting for her share in
the estate of her late husband, Atty. Juan Luna which
includes shares in the latter’s law firm, Sycip, Salazar, Luna,
Manalo, Hernandez & Feliciano Law Offices.
Atty. Luna married Eugenia Zaballero-Luna and later on
obtained a divorce in Dominican Republic. He marries a
Soledad Lavadia after. After the divorce, and before the
marriage of Atty. Luna to Soledad, he organized a law firm,
LUPSICON. When Atty. Luna bought a condominium unit to
be used as their main office, he put Soledad as his wife in
the CCT. When LUPSICON dissolved and divided its assets,
specifically, the office where it was located. Atty. Luna got a
portion of 25/100, which included law books, office furniture,
equipment.
The SC held that Atty, Luna’s first marriage subsisted up
to the time of his death. The law in force at the time of the
solemnization of Eugenia and Atty. Luna’s wedding was the
Spanish Civil Code which adopted the nationality rule.
Philippine laws relating to family rights and duties, or to the
status, condition and legal capacity of persons were binding
upon citizens of the Philippines, although living abroad.
Pursuant to the nationality rule, Philippine laws governed this
case by virtue of both Atty. Luna and Eugenia having
remained Filipinos until the death of Atty. Luna. The non-
recognition of absolute divorce between Filipinos has
remained even under the Family Code, even if either or both
Page 10 of 38

Art. 16. Real property as well as personal
property is subject to the law of the country
where it is located.
H o w e v e r, i n t e s t a t e a n d t e s t a m e n t a r y
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose
succession is under consideration, whatever
may be the nature of the property and
regardless of the country wherein said
property may be found. (10a)
spouses are residing abroad. Indeed, the only two types of
defective martial unions under our laws have been the void
and the voidable marriages. As such, the remedies against
such defective marriages have been limited to the
declaration of nullity of the marriage and the annulment of
the marriage.
The agreement of Eugenia and Atty. Luna as to the
agreement of separation and property settlement was void
for lack of court approval. The mere execution of the
Agreement by Atty. Luna and Eugenia did not per se dissolve
and liquidate their conjugal partnership of gains. The
approval of the Agreement by a competent court was still
required under Article 190 and 191 of the Civil Code which
states that the husband and the wife may agree upon the
dissolution of the conjugal partnership during the marriage,
subject to judicial approval, which they did not procure. The
approval of the Agreement by the CFI of Sto. Domingo in the
Dominican Republic is not sufficient in dissolving and
liquidating the conjugal partnership of gains because
divorce is not valid and enforceable under Philippine law for
being contrary to Philippine public policy and public law, the
approval of the Agreement was not also legally valid and
enforceable under Philippine law. Consequently, the conjugal
partnership of gains of Atty. Luna and Eugenia subsisted in
the lifetime of their marriage.
Therefore, the subsequent marriage of Atty. Luna with
Soledad is bigamous, hence void. The properties acquired
during their cohabitation will be governed by the rules on co-
Persons and Family Relations
IBR
ownership. In such situation, whoever alleges co-ownership
carries the burden of proof to confirm such fact. To establish
co-ownership, therefore, it becomes imperative for the
petitioner to offer proof of her actual contributions in the
acquisition of property. Her mere allegation of co-ownership,
without sufficient and competent evidence, would warrant no
relief in her favor. The SC held that Soledad had no basis for
the claim of co-ownership over the 25/100 portion of the
condominium unit and the trial court correctly found that the
same was acquired through the sole industry of Atty. Luna.
She failed to prove that she had anything to contribute. The
25/100 share is entitled to the lawful heirs of Atty. Luna.
Noveras vs. Noveras
David and Leticia Noveras were married in QC,
Philippines and became US citizens. During their marriage,
they procured properties in the USA and the Philippines.
Leticia obtained a divorce in the SC of California, for David
abandoned them when he left for the Philippines and lived
with another woman. The SC of California awarded the
conjugal properties located in the USA , as well as the
custody of their two children to Leticia. With respect to the
conjugal properties in the Philippines, Leticia filed a petition
for judicial separation of conjugal properties.
The RTC of Baler, Aurora, held that since the couple did
not submit any proof of their national law, being US, citizens,
that the doctrine of processual presumption should apply.
The instant petition does not fall under the provisions of the
law for the grant of judicial separation of properties.
Therefore, the absolute community properties cannot be
forfeited in favor of Leticia and her children (the properties
were split in half between her and David). Moreover, Leticia
failed to prove that they were abandoned by David. Relying
on the principle of equity, the trial court said that Leticia
cannot get equal share of the Philippine properties as she
already got all the properties in the US and the Philippine
properties will be subject to the payment of the children’s
presumptive legitimes. This decision was affirmed by the CA
and later on added that the couple should pay Php 520,000
(representing Leticia’s share from the proceeds of the sale of
the Sampaloc property) to each of their children as their
presumptive legitimes.
Upon appeal of David in the SC, it reiterated that: for the
foreign divorce decree to acknowledged by the Court, the
couple should prove it and its authenticity as facts under
Persons and Family Relations
rules on evidence*, together with the alien’s applicable
national law to show the effect of the judgement on the alien
himself or herself. Thus, they should move for the recognition
of the foreign divorce judgement in an action instituted
specifically for the purpose or in another action where a party
invokes the foreign decree as an integral aspect of his claim
or defense.
Even if the couple submitted the divorce decree to the
court, the Court did not acknowledged the same absent the
other requirements pursuant to Rule 24 and 25 of Rule 132.
Therefore, the parties, are deemed to still be married in the
Philippines. With that said, the trial court erred to proceed
directly to liquidation. The SC granted the decree of judicial
separation of property, in accordance with Article 135 of the
Family Code. It also stated that the liquidation shall be limited
to the Philippine properties, thus following Article 16 of the
Civil Code which states that real property as well as personal
property is subject to the law of the country where it is
situated.
*Section 24 of Rule 132
Writing or document may be proven as a public or official
record of a foreign country by either:
(1) An official publication
(2) a copy thereof attested by the officer having
legal custody of the document
If the record is not in the Philippines, such copy must be:
(1) accompanied by a certificate issued by the
proper diplomatic or consular officer in the
Philippine foreign service stationed in the foreign
country in which the record if kept
(2) authenticated by the seal of his office
Section 25 of Rule 132
Whenever a copy of a document or record is attested for
the purpose of evidence, the attestation must state, in
substance, that the copy is a correct copy of the original,
or a specific part thereof. i.e. (a) official seal of the
attesting officer, (b)official seal of the clerk of a court,
under the seal of such court
Page 11 of 38

General Rule:
Principle of Lex Situs or Lex Rei Sitae, concept:
This is the principle which provides that property shall
be governed by the law of the place where it is situated.
Applies to properties subject of sale, lease, barter, mortgage
or any other form of alienation of property such as:
1. lands
2. immovables
i.e. Personal property found in the Philippines may be
subjected to tax in the Philippines even if the owner is not a
citizen of or domiciled in the Country (Manila Gas Corp. vs.
Collector)
Exceptions: (lex nationalii)
Incidents of successions either (1) intestate or (2)
testamentary are governed by national law of the deceased
irrespective of the nature of the property involved and
regardless of the country wherein said property may be
found:
1. order of succession - preference of succession
2. amount of successional rights - refers to the amount
which the heirs should receive from the inheritance
3. intrinsic validity of the provisions of the will - refers to
the effectiveness of dispositions in the will
4. capacity to succeed - refers to the capacity of the
heirs to inherit in accordance with the national law of
the deceased and not with the national law of the
heirs
Intestate
‣ where the deceased left no will
‣ heirs of intestate estate and order of succession according
to Philippine law
(1) primary compulsory heirs such as legitimate children
(2) secondary compulsory heirs such as parents
(3) concurring secondary heirs such as surviving spouse
and illegitimate children
Persons and Family Relations
IBR
Testamentary
‣ where deceased left either a:
(1) a notarial will
(2) holographic will
- should be entirely handwritten by the testator
- should be dated by the testator in each page
- should be signed by the testator in each page
Voluntary heirs:
1. legatees - gift of personal property
2. devisees - who receive personal property
When do you apply par. 2 of Article 16?
When a legal or testamentary succession has taken
place in the Philippines in accordance with Philippine
law, and the foreign law is consulted only in regard to the
order of succession or the extent of successional
rights.Before the foreign law on succession can be
invoked, it must appear that the decedent was vested
with a descendible interest in the property located in the
Philippines. (Gibbs vs. Gov’t of the Philippine Islands)
Why do we apply lex nationalii in case of succession?
Because there is only one will. The oneness and
universality of the inheritance cannot be divided or
broken up merely because of the different countries
where properties of the estate are situated.
Renvoi Doctrine, definition:
means a “referring back” which arises where our law
refers a case to another country for solution, but the law of
that country refers it back to our country for determination
Transmission Theory:
This involves a case regarding the estate of a deceased
which is filed in a country, where the deceased is not a
citizen of and wherein none of the subject properties are
located, such country refers it to his national country which
refers it again to yet another country where the subject
properties are located. (3 countries; deceased owned
properties located in the third country)
Persons and Family Relations
In the Matter of Testate Estate of the Deceased Edward E.
Christensen, et. al. vs. Heleven Christensen Garcia
Since the California law itself refers back the case to the
Philippines, the Philippine Court has no other alternative but
to accept the referring back for to do otherwise, might result
again in its referring back to the Philippines, which would
give rise to a sort of an “international football.”
The Philippine court must apply its own law as directed
in the conflict of law rule of Christensen’s State. The validity
of his will should be governed by his domiciliary law,
pursuant to Article 946 of the California Civil Code and not by
the internal law of California.
Lex Fori Rule and Processual Presumption
If the application of a foreign law is invoked, that foreign law
must be proved as a fact by the rules of evidence. In the
absence of proof, it is presumed to be the same as that of
the Philippine law - law of the forum. (Slade Perkins vs.
Perkins)
Foreign Law must be proved in accordance with Sec 24
and 25 of Rule 132 of the Rules of Court
Section 24 of Rule 132
Writing or document may be proven as a public or official
record of a foreign country by either:
(1) An official publication
(2) a copy thereof attested by the officer having
legal custody of the document
If the record is not in the Philippines, such copy must be:
(1) accompanied by a certificate issued by the
proper diplomatic or consular officer in the
Philippine foreign service stationed in the foreign
country in which the record if kept
(2) authenticated by the seal of his office
Section of Rule 132
Whenever a copy of a document or record is attested for
the purpose of evidence, the attestation must state, in
substance, that the copy is a correct copy of the original,
or a specific part thereof. i.e. (a) official seal of the
attesting officer, (b)official seal of the clerk of a court,
under the seal of such court
Miciano vs. Brimo
Page 12 of 38

It was held that a Turkish citizen cannot validly provide in his
Philippine will that his property be distributed in accordance
with Philippine law. Turkish law, the testator’s national law,
should govern.
Art. 17. The forms and solemnities of
contracts, wills 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 a diplomatic or consular officials of the
Republic of the Philippines in a foreign
country, the solemnities established by
Philippine laws shall be observed in their
execution
Prohibitive laws concerning persons,
their acts or property, and those which have
for their object public order, public policy and
good customs shall not be rendered
ineffective by laws or judgements
promulgated, or by determinations or
conventions agreed upon in a foreign country.
(11a)
Article 17 talks about the EXECUTION, INTERPRETATION
and VALIDITY of
1. contracts
2. wills
3. other public documents
which are governed by the laws of the country in which
they are executed (lex celebrationis).
General Rule:
Principle of Lex Loci Celebrationis, concept:
Under this principle, “matters bearing upon the execution
interpretation and validity of a contract are determined by the
law of the place where the contract is made” (locus
contractus regit actum)
Persons and Family Relations
IBR
Purpose for “form” or extrinsic validity:
1. validity
- if executed in a foreign country, unless the foreign
law that governs the public instrument is proven
as a fact in the court, processual presumption will
be applied
- Therefore, “foreign contracts” must be proven in
accordance with Sections 24 and 25 of Rule 132
of the Rules of Court
2. enforceability
- to be enforceable, it must be in accordance with
Article 1403 of the Civil Code
3. convenience - to affect third persons
- to affect third persons, must follow Article 1358
Article 17 is silent on what law governs the intrinsic
validity of contracts
Intrinsic validity of the contracts is to be determined by:
(Accg. to Manresa and Valverde)
1. The law stipulated by the parties
2. In the absence of any stipulation, and if the parties
are of the same nationalities, their national law shall
be applied
3. If the parties are not of the same nationalities, the law
of the place of perfection of the obligation shall
govern its essence and nature and the law of the
place of the performance shall govern its fulfillment
4. If the above places are not specified and they cannot
be deduced from the nature and circumstances of the
obligation, then the law of the domicile of the passive
subject shall apply
Exception of lex loci celebrationis:
1. Marriages involving Filipinos solemnized abroad, when
such marriages are void in the Philippines
Article 26 of the Family Code provides:
“All marriages solemnized outside the
Philippines in accordance with the laws in force
in the country where they were solemnized, and
valid there as such, shall be also valid in this
country, except those prohibited under Articles
35 (1), (4), (5), and (6), 36, 37 and 38.
“Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a
Persons and Family Relations
divorce is thereafter validly celebrated and a
divorce is thereafter obtained abroad by the
alien spouse capacitating him or her to remarry,
the Filipino shall likewise have capacity to
remarry under Philippine law.
2. Principle of Extraterritoriality
Extraterritoriality refers to the extension of the
territory of a country in another country that is
recognized under international law.
i.e. The Philippine diplomatic or consular’s
office is considered as the extension of
Philippine territory. Hence par. 2 of Artice 17,
states that acts which are executed in front of
such officer, the extrinsic validity of which will be
governed by Philippine laws.
3. Third paragraph of Article 17, is related to Art. 15 which
states that 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
i.e. for the Philippine courts to consider valid a
divorce acquired abroad by 2 Filipino citizens
would be a patent violation of the 3rd paragraph
of Article 17.
4. When the Philippine court decides to assume jurisdiction
upon a contract involving a Filipino citizen pursuant to the
rule of forum non conveniens provided:
a. that the Philippine court is one to which the
parties may conveniently resort to
b. that the Philippine court is in a position to make an
intelligent decision as to the law and the facts
c. that the Philippine court has or is likely to have
power to enforce its decision
Exterritoriality - has a reference to the extension of the
territory of a country in another country which extension is
recognized under international law
Territoriality - refers to a principle whereby all persons,
whether foreigners or nationals, who commit crimes or violate
penal laws and those of public security and safety shall be
liable for prosecution in the territory or place of commission
of the acts
Page 13 of 38

Extra-territoriality - the principle recognized in criminal law
whereby crimes committed on board vessels and airships of
a country although in international waters or space, shall be
triable by the courts of said country
Art. 18. In matters which are governed by the
Code of Commerce and special laws, their
deficiency shall be supplied by the provisions
of this Code. (16a)
Civil Code is suppletory to special laws only if there is
deficiency.
Rule in case of conflict between the Civil Code and a Special
Law
General Rule:
Special Law always prevails over Civil Code (Ramos vs. De
la Rama)
- civil code is a general law being applicable with equal
force to all citizens of the Philippines or to all of a
particular class of persons in the country
- special law applies only to particular individuals or
particular section of the State
Exceptions:
1. In the law on common carriers, the Code of Commerce
supplies the deficiency (Article 1766)
2. In insolvency cases, the insolvency law (Act No. 1956)
supplies the deficiency (Article 2237)
______________________________________________________
HUMAN RELATIONS, concept:
refers to the rules needed to govern the inter-
relationships of human beings in a society for the purpose of
maintaining social order
Article 19 is the standards which must be observed in the
performance of one’s duties
Principle of Abuse of Rights, concept:
Persons and Family Relations
IBR
refers to acts performed which are not illegal but
nevertheless make the actor liable for damages, if in so
acting or in exercising his right, his purpose is to prejudice or
injure another
it prescribes that a person should not use his right
unjustly or contrary to honesty and good faith, otherwise he
opens himself to liability (Uypitching vs. Quiamco)
Elements of Abuse of Rights:
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
(Far East Bank and Trust Company
Absence of Good Faith is essential to abuse of right
Good Faith, definition:
It is an honest intention to abstain from taking any
unconscientious advantage of another, even through the
forms or technicalities of the law, together with an absence of
all information or belief of fact which would render the
transaction unconscientious
Bad Faith, definition:
It imports a dishonest purpose or some moral obliquity
and conscious doing of a wrong, a breach of known duty
through some motive or interest or ill will that partakes of the
nature of fraud. It is, therefore a question of intention which
can be inferred from one’s conduct and/or contemporaneous
statements. (Adriano vs. Lasala)
Remedy for violation of Art. 19 is provided by Arts. 20 or
21
Damnum Absque Injuria, definition:
the damage resulting from the legitimate or valid
Art. 19 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.
exercise of a person’s right is a loss without injury
Persons and Family Relations
This cannot be invoked when the person invoking is
guilty of abuse of his right.
Damages (MENTAL)
1. Moral
- ex. humiliation, sleepless nights, mental anguish, etc.
- may be awarded in cases of breach of contract
provided that there was fraud or bad faith
- Article 2220 of the Civil Code
2. Exemplary
- may be imposed by way of example of correction for
the public good
- imposed not to enrich one party or impoverish
another, but to serve as a deterrent against or as
negative incentive to curb socially deleterious actions
- Article 2229
- Article 2208 of the Civil Code provides that the award
of attorney’s fees may be recovered when exemplary
damages are awarded, when the defendant’s act or
omission has compelled the plaintiff to litigate with
third persons or to incur expenses to protect his
interest, and where the defendant acted in gross and
evident bad faith in refusing to satisfy the plaintiff’s
plainly valid, just and demandable claim
3. Nominal
- vindication or recognition of a right violated or
invaded, and not for the purpose of indemnifying the
plaintiff for any loss suffered by him.
4. Temperate
- Article 2224 of the Civil Code
- when pecuniary loss has been suffered but the
amount cannot, from the nature of the case, be
proven with certainty, temperate damages may
be recovered
- temperate damages may be allowed in cases where
from the nature of the case, definite proof of pecuniary
loss cannot be adduced, although the court is
convinced that the aggrieved party suffered some
pecuniary loss
5. Actual
- proof of actual expenses; the party who suffered must
be able to prove that he suffered (presentation of
official receipts)
6. Liquidated
Page 14 of 38

- damages agreed upon by the parties in case of
breach
Far East Bank vs. Pacilan, Jr. (closed bank account for
misuse)
➡ The SC held that the bank acted in good faith and in
accordance with the rules and regulations governing the
operation of a regular demand deposit which reserves the
bank the right to close an account if the depositor
frequently draws checks against insufficient funds and/or
uncollected deposits. The same rules and regulations also
provide that the depositor is not entitled, as a matter of
right, to overdraw on this deposit and the bank reserves
the right at any time to return checks of the depositor
which are drawn against insufficient funds or for any
reason. Whatever damages the respondent may have
suffered as a consequence, e.g., dishonor of his
insufficiently funded checks, would have ti be borne by
him alone. IT was the respondents repeated improper and
irregular handling of his account which constrained
petitioner bank to close the same in accordance with the
rules and regulations its depositor’s current accounts. The
respondent’s case is clearly one of damnum absque
injuria.
Uypitching vs. Quiamco (nagpahiya pa)
➡ The SC found Uypitching to have acted in bad faith.
Instead of following the procedure for the recovery of
possession of mortgaged property, specifically bringing a
civil action to recover such possession as a preliminary
step to the sale, or to obtain judicial foreclosure,
Uypitching descended on respondent’s establishment with
his policemen and ordered the seizure of the motorcycle
without a search warrant or court order. Worse, in the
course of the illegal seizure of the motorcycle, petitioner
even mouthed a slanderous statement. The manner by
which the motorcycle was taken at petitioners’ instance
was not only attended by bad faith but also contrary to the
procedure laid down by law. Considered in conjunction
with the defamatory statement, petitioners exercise of the
right to recover the mortgaged vehicle was utterly
prejudicial and injurious to respondent. On the other hand,
the precipitate act of filing an unfounded complaint could
not in any way be considered to be in accordance with the
Persons and Family Relations
IBR
purpose for which the right to prosecute a crime was
established. Thus, the totality of petitioners’ actions
showed a calculated design to embarrass, humiliate and
publicly ridicule respondent. Petitioners acted in an
excessively harsh fashion to the prejudice of respondent.
Contrary to law, petitioners willfully caused damage to
respondent. Hence, they should indemnify him. The SC
affirmed the decision of the CA to award the respondent
moral damages, exemplary damages, and attorney’s fees
plus costs.
Cebu Country Club vs. Elizagacue (you can’t sit with us!)
➡ SC held that Cebu Country Club abused their right of
approving or approving membership. In rejecting
respondent’s application for proprietary membership, we
find that petitioners violated the rules governing human
relations, the basic principles to be observed for the
rightful relationship between human beings and for the
stability of social order. The trial court and the Court of
Appeals aptly held that petitioners committed fraud and
evident bad faith in disapproving respondent’s
applications. This is contrary to morals, good custom or
public policy. Hence the petitioners are liable for damages
pursuant to Article 19 in relation to Article 21 of the same
Code. The amendment which required a unanimous vote
on the part of the Board of Directors, was not printed on
the application form. They should have at least informed
him why his application was disapproved. The exercise of
a right, though legal by itself, must nonetheless be in
accordance with the proper norm. When the right is
exercised arbitrarily, unjustly or excessively and results in
damage to another, a legal wrong is committed for which
the wrongdoer must be held responsible. It bears
reiterating that the trial court and the Court of Appeals
held that petitioners’ disapproval of respondent’s
application is characterized by bad faith. Therefore the
respondent is entitled to moral, exemplary damages,
litigation expenses and attorney’s fees. The petitioners are
jointly and severally liable.
Calatagan Golf Club vs. Clemente, Jr. (no due notice)
SC held that the CGC did not exercise due diligence to notify
the respondent of his delinquent shares and the sale of the
same at a public auction. The Secretary of the Club must
have exercised due diligence in sending the letters of notice
Persons and Family Relations
to the respondent. Having the first letter of notice returned to
sender as the PO box was closed, should have prompted
him to look for another way, either by phone or mail of
informing the respondent about his delinquent shares.
Calatagan’s bad faith and failure to observe its own By-laws
had resulted not merely in the loss of respondent’s privilege
to play golf at its golf course and avail of its amenities, but
also in significant pecuniary damage to him. The utter bad
faith exhibited by Calatagan brings into operation Articles 19,
20, and 21 of the Civil Code. These provisions, which the
Court of Appeals did apply, enunciate a general obligation
under law for every person to act fairly and in good faith
towards one another. A non-stock corporation like Calatagan
is not exempt from that obligation in its treatment of its
members. The obligation of a corporation to treat every
person honestly and in good faith extends even to its
shareholders or members, even if the latter find themselves
contractually bound to perform certain obligations to the
corporation. A certificate of stock cannot be a charter of
dehumanization. Calatagan is liable for moral, exemplary
damages as well as attorney’s fees.
Ardiente vs. Javier (cut off water supply)
SC held that Ardiente abused her right when she had
Cagayan Water District who acted together with Gonzalez,
cut the water connection being used by Pastorfide even if
the connection was under Ardiente’s name.
➡ It is true that within petitioner’s right to ask and even
require the Spouses Pastorfide to cause the transfer of the
former’s account with COWD to the latter’s name pursuant
to their MoA. However, the remedy to enforce such right is
not to cause the disconnection of the respondent spouses’
water supply. The exercise of a right must be in
accordance with the purpose for which it was established
and must not be excessive or unduly harsh; there must be
no intention to harm another. Otherwise, liability for
damages to the injured party will attach. In the present
case, intention to harm was evident on the part of
petitioner when she requested for the disconnection of
respondent spouses’ water supply without warning or
informing the latter of such request. Petitioner claims that
her request for disconnection was based on the advise of
COWD personnel and that her intention was just to compel
the Spouses Pastorfide to comply with their agreement
that petitioner’s account with COWD be transferred in
Page 15 of 38

Art. 21. 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.
respondent spouses’ name. If such was petitioner’s only
intention, then she should have advised respondent
spouses before or immediately after submitting her
request for disconnection, telling them that her request
was simply to force them to comply with their obligation
under their MoA. But she did not. What made matters
worse is the fact that COWD undertook the disconnection
also without prior notice and even failed to reconnect the
Spouses Pastorfide’s water supply despite payment of
their arrears. There was clearly an abuse of right on the
part of petitioner, COWD and Gonzalez. They are guilty of
bad faith.
Spouses Pastorfide are entitled to moral damages based
on the provisions of Article 2219, in connection with
Articles 20 and 21 of the Civil Code.
Adriano vs. Lasala (security agency)
➡ The SC held that the respondents clearly complied with
their part of the obligation under the security services
agreement but it appeared that whatever they did, the
petitioners were bent on ending it (i.e. while the petitioners
approved the hiring of the “unqualified guards,” and
contrary to their contentions that the service vehicle was
not provide lead to a groundless termination of their
agreement; moreover, the petitioners tried to extort from
the respondents to look pass their “mistakes”.) This
exercise by petitioners of their right to pre-terminate the
contracted services without a just cause was nothing but a
flagrant violation of the contract. The SC found that the
petitioners have acted with bad faith therefore awarded
them moral, exemplary, temperate and attorney’s fees.
Sesbreno vs. CA, Veco, et. al. (greedy lawyer wants more
pay)
The petitioner in this case was the lawyer of the respondent
(52) employees in another case against the Province in
Cebu. The parties signed a contingent fee contract which
Persons and Family Relations
IBR
stipulated that the employees will give him 30% as attorney’s
fees and 20% as expenses.
➡ Courts may always ascertain, if the attorney’s fees are Art. 20. Every person who, contrary to law,
found to be excessive, what is reasonable under the willfully or negligently causes damage to
circumstances. Quantum meriut, meaning “as must as he another, shall indemnify the latter for the same.
deserves,” is used as a basis for determining the lawyer’s
professional fees in the absence of a contract. Factors
such as the time spent and extent of services rendered; based on malice (Article 20) and torts based on
novelty and difficulty of the questions involved; importance negligence (Article 2176.)
of the subject matter; skill demanded; probability of losing
other employment as a result of acceptance of the Requisites for application:
proffered case; customary charges for similar services; 1. person performed an act willfully or negligently
amount involved in the controversy and the benefits 2. the act must be contrary to law
resulting to the client; certainty of compensation; character 3. the act must be injurious
of employment; and professional standing of the lawyer, 4. the injury must be directly caused by the injurious act
are considered in determining his fees. There is nothing performed
irregular about the respondent court’s finding that the 50%
fee of petitioner is unconscionable. As aptly put by the Plaintiff’s right should be impaired for indemnification for
court: “It effectively deprives the appellees of a damages.
meaningful victory of the suit they have passionately
pursued. Balancing the allocation of the monetary award, May apply in contests wherein the winner has already been
50% of all monies to the lawyer and the other 50% to be proclaimed such as:
allocated among all his 52 clients, is too lop-sided in favor 1. oratorical contests
of the lawyer. The ratio makes the practice of law a 2. dance contests
commercial venture, rather than a noble profession… Also 3. singing contests
the 52 employees who are plaintiffs in the aforementioned 4. writing contests
civil case were dismissed from employment, their means 5. beauty pageants
of livelihood… Under the circumstances, a fee of 20% of
back salaries would be a fair settlement in this case. Injury Damages
the illegal invasion of a legal the loss, hurt or harm which
right results from the injury
damnum absque injuria - damage without injury; harm was
not the result of a violation of a legal duty, thus, damages
cannot be recovered
Reason for Article 20
Reason for Article 21:
There are cases when the law does not provide its own
There are so many injurious acts that are contrary to
sanctions. Article 20 provides the general sanction which is
public policy but are not forbidden by statute which have not
the indemnification for damages. The same covers torts
been foreseen by the lawmakers. Among these are business
Persons and Family Relations Page 16 of 38

practices that are unfair or oppressive and certain acts of
landholders and employers affecting their tenants and
employees which contravene the public policy of social
justice.
Requisites for application:
1. act should be wilfully done and not negligently
2. act should be contrary to morals, good customs and
public policy
3. there must be loss or injury, material or otherwise
4. the loss or injury must be a direct result of the act being
complained of
5. the plaintiff should not be the one at fault
Barons Marketing vs. CA - A person who, in exercising his
rights, does not act in an abusive manner is not deemed to
have acted in a manner contrary to morals, good customs or
public policy as to violate the provisions of Article 21 of Civil
Code.
Pe, et. al. vs. Pe (“teach me how to pray the rosary”)
Plaintiffs, the parents of Lolita Pe, brought this case to the
trial court and then the SC for the recovery of moral,
compensatory, exemplary and corrective damages for the
against Alfonse Pe (married to another woman; defendant)
for having illicit relations with their daughter, Lolita Pe who
ran away with Alfonso. The trial court dismissed the case for
the plaintiffs failed to prove that defendant, and Lolita being
aware of his marital status, deliberately and in bad faith tried
to win Lolita’s affection.
➡ The circumstances under which defendant tried to win
Lolita’s affection cannot lead, to any other conclusion
than that it was he who, thru an ingenious scheme or
trickery, seduced the latter to the extent of making her
fall in love with him. This is shown by the fact that
defendant frequented the house of Lolita on the pretext
that he wanted her to teach him how to pray the rosary.
Because of the frequency of his visits to the latter’s
family who was allowed free access because he was a
collateral relative and was considered as a member of
her family, the two eventually fell in love with each other
and conducted clandestine love affairs not only in
Gasan but also in Boac where Lolita used to teach in a
barrio school. When the rumors about their illicit affairs
reached the knowledge of her parents, defendant was
Persons and Family Relations
IBR
forbidden from going to their house and even from
seeing Lolita.
➡ Nevertheless, defendant continued his love affairs with
Lolita until she disappeared from the parental home.
Indeed no other conclusion can be drawn from this
chain of events than that defendant not only deliberately,
but through a clever strategy, succeeded in winning the
affection and love of Lolita to the extent of having illicit
relations with her. The wrong he caused her and her
family is indeed immeasurable considering the fact that
he is a married man. Verily, he has committed an injury
to Lolita’s family in a manner contrary to morals, good
customs, and public policy as contemplated in Article
21 of the new Civil Code. Defendant is ordered to pay
plaintiffs damages and attorney’s fees and expenses of
litigations. Costs against appellee.
General Rule: When there is a breach of promise to
marry, it is not actionable. (De Jesus vs. Syquia)
- right to marry is personal and is not subject to judicial
compulsion
- there is no law which imposes the duty or obligation to
marry somebody
- the freedom of choice in finding a lifetime partner is
universally accepted and respected
Exceptions:
1. When there is criminal seduction - there must be (a)
deception, (b) enticement, (c) super power or (d) abuse
of confidence on the part of the seducer to which the
woman yielded (Tanjanco vs. CA)
a. Qualified seduction (article 337 of the Revised Penal
Code)
b. Simple seduction (article 338 of the Revised Penal
Code)
2. When there are actual damages suffered
examples:
a. teacher who resigned her position because of
the man’s promise to marry her can recover
actual damages, if the man did not fulfill his
promise to marry (Garcia vs. Del Rosario)
b. a woman who gave a man a sum of money
because the latter promised to marry her, and
Persons and Family Relations
the promise is not fulfilled, can recover the
money given (Domalagan vs. Bolifer)
c. when wedding preparations were already paid
for
d. when there has been a deliberate desire to inflict
loss or injury, or when there has been an evident
abuse of a right, even when there is no carnal
knowledge yet
3. In case of birth, support is demandable. Regardless
whether there is moral or criminal seduction or whether
married or not. Must be established that the child is the
accused.
4. In case of rape, support is also demandable. The rapist
cannot be compelled to recognize the offspring of the
child. But he could be compelled to support the child.
(People vs. Rizo)
Buenaventura vs. CA (psychological incapacity =
absence of will, hence no damages)
➡ By declaring the petitioner was psychologically
incapacitated, the possibility of awarding moral
damages on the same set of facts was negated. The
award of moral damages should be predicated, not on
the mere act of entering into the marriage, but on
specific evidence that it was done deliberately and with
malice by a party who had knowledge of his or her
disability and yet willfully concealed the same. No such
evidence appears to have been adduced in this case.
➡ For the same reason, since psychological incapacity
means that one is truly incognitive of the basic marital
covenants that one must assume and discharge as a
consequence of marriage, it removes the basis for the
contention that the petitioner purposely deceived the
private respondent. If the private respondent was
deceived it was not due to a willfull act on the part of the
petitioner. Therefore, the award of moral damages was
without basis in law and in fact.
➡ Since the grant of moral damages by the CA was not
proper, it follows that the grant of exemplary damages
cannot stand since the Civil Code provides that
exemplary damages are imposed in addition to moral,
temperate, liquidated or compensatory damages.
➡ The acts or omissions of petitioner which led the lower
court to deduce his psychological incapacity, and his
act in filing the complaint for the annulment of his
Page 17 of 38

marriage cannot be considered as unduly compelling
the private respondent to litigate, since both are
grounded on petitioner’s psychological incapacity, which
as explained above is a mental incapacity causing an
utter inability to comply with the obligations of marriage.
Hence, neither can be a ground for attorney’s fees and
litigation expenses. Furthermore, since the award of
moral and exemplary damages is no longer justified, the
award of attorneys fees and expenses of litigation is left
without basis.
Art. 22. Every person who through an act of
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.
Principle Against Unjust Enrichment, concept:
“Nemo cum alterius detrimento locupletari potest”
No one shall unjustly enrich himself at the expense of
another.
Requisites for application:
1. someone acquires or comes into possession of
“something” which means delivery or acquisition of
“things”
2. acquisition is undue and at the expense of another,
which means without any just or legal ground
There is unjust enrichment when:
1. a person is unjustly benefitted
2. such benefit is derived at the expense of or with
damages to another (Tamio vs. Ticson)
Merger or Principle of Unjust Enrichment and Quasi-
contracts
- Quasi Contracts - based on the principle that no
person shall be unjustly enriched at the expense of
another.
Persons and Family Relations
IBR
- Article 22 - is the basis of actions for recovery of what
has been paid without just cause (accion in rem verso)
is different from quasi-contracts.
- Dr. Tolentino: Despite the formal presentation of the
concept of quasi-contracts, there has been practically
a merger of the principle of unjust enrichment and that
of quasi-contract in the new Code.
Accion in Rem Verso
This action is for the recovery of what has been paid
without just cause. It can only be availed of if there is no
other remedy to enforce it based on contract, quasi-contract,
crime of quasi-delict. In other words, this action is only
subsidiary. According to Gasperi, if a plaintiff delayed his
action under the contract, quasi-contract, crime or quasi-
delict and prescription had barred the action, he could no
longer have recourse to this action (accion in rem verso).
Requisites of Accion Rem Verso:
1. the defendant is unjustly benefitted
2. the plaintiff has suffered a loss
3. that the enrichment of the defendant is without just or
legal ground; and
4. the plaintiff has no other action based on contract,
quasi-contract, crime or quasi-delict (Tan vs. Largo)
Accion in Rem Verso Solutio Indebiti
It’s not necessary that the
payment be made by mistake. The payment was made by
Payment could have been made mistake which is an essential
knowingly and voluntarily, but element to maintain the action
nevertheless, there would be for recovery (Article 2154)
recovery of what has been paid
Escudero vs. Flores - A property acquired by virtue of a final
judgement rendered by a court of competent jurisdiction,
cannot be said to have been acquired without just or legal
ground.
Commissioner of Internal Revenue vs. Fireman’s Fund Ins.
Co. - There is no justification for the government which has
already realized the revenue which is the object of the
imposition of subject stamp tax, to require the payment of the
same tax for the same documents. Enshrined in our basic
Persons and Family Relations
legal principles is the time-honored doctrine that no person
shall unjustly enrich himself at the expense of another. It
goes without saying that the government is not exempted
from the application of this doctrine.
Baje vs. CA - Although such sale is null and void and the
parties entitled to mutual restitution, yet the performance of
the obligation of the purchaser to restore the possession of
said homestead to the heirs of the homesteader cannot be
demanded by the latter unless they, in turn, comply with their
reciprocal obligation to refund the purchase price.
Filinvest Land vs. Ngilay (sale of a public land done
during the 5-year prohibition)
➡ Therefore, the sale, having been consummated on October
28, 1995, or within the five-year prohibition, is void
➡ Petitioner does not err in seeking the return of the
downpayment as a consequence of the sale having been
declared void. The rule is settled that the declaration of
nullity of a contract which is void ab initio operates to
restore things to the state and condition in which they were
found before the execution thereof (DBP vs. CA). Petitioner
is correct in its argument that allowing respondents to keep
the amount received from petitioner is tantamount to
judicial acquiescence to unjust enrichment. Unjust
enrichment exists “when a person unjustly retains a benefit
to a loss of another, or when a person retains money or
property of another against the fundamental principles of
justice, equity and good conscience.” There is unjust
enrichment under Article 22 of the Civil Code when (1) a
person is unjustly benefitted, and (2) such benefit is
derived at the expense of or with damages to another.
Thus, the sale which created the obligation of petitioner to
pay the agreed amount having been declared void,
respondents have the duty to return the down payment as
they no longer have the right to keep it. The principle of
unjust enrichment essentially contemplates payment when
there is no duty to pay, and the person who receives the
payment has no right to receive it. As found by the CA and
undisputed by the parties, the amount of the downpayment
made is Php 14M which shall also be the amount to be
returned by respondents.
Gonzalo vs. Tarnate (DPWH contractor and sub
contractor, in pari delicto)
Page 18 of 38

➡Gonzalo, a contractor for DPWH, entered into a contract
with Tarnate as a subcontractor without the approval of the
Secretary of DPWH (illegal)
➡According to Article 1412 (1) of the Civil Code, the guilty
parties to an illegal contract cannot recover from one
another and are not entitled to an affirmative relief because
they are in pari delicto or in equal fault. The doctrine of pari
delicto is a universal doctrine that holds that no action
arises, in equity or at law, from an illegal contract; no suit
can be maintained for its specific performance, or to
recover the property agreed to be sold or delivered, or the
money agreed to be paid, or damages for its violation and
where the parties are in pari delicto, no affirmative relief of
any kinds will be given to one against the another.
➡Nonetheless, the application of the doctrine of in pari
delicto is not always rigid. An accepted exception arises
when its application contravenes well-established public
policy. In this jurisdiction, public policy has been defined
as “that principle of the law which holds that no subject or
citizen can lawfully do that which has a tendency to be
injurious to the public or against the public good.”
➡There is no question that Tarnate provided the equipment,
labor and materials for the project in compliance with his
obligations under the subcontract and the deed of
assignment; and that it was Gonzalo as the contractor who
received the payment for his contract with the DPWH as
well as the 10% retention fee that should have been paid to
Tarnate pursuant to the Deed of Assignment. Considering
that Gonzalo refused despite demands to deliver to
Tarnate the stipulated 10% retention fee that would have
compensated the latter for the use of his equipment in the
project, Gonzalo would be unjustly enriched at the
expense of Tarnate if the latter was to be barred from
recovering because of the rigid application of the doctrine
in pari delicto. The prevention of unjust enrichment called
for the exception to apply in Tarnate’s favor. Consequently,
the RTC and the CA properly adjudged Gonzalo liable to
pay Tarnate the equivalent amount of the 10% retention
fee.
➡Lastly, the letter and spirit of Article 22 of the Civil Code
command Gonzalo to make a full reparation or
compensation to Tarnate. The illegality of their contract
should not be allowed to deprive Tarnate from being fully
compensated through the imposition of legal interest.
Towards that end, interest of 6% per annum reckoned from
Persons and Family Relations
IBR
Sept. 13, 1999, the time of the judicial demand by Tarnate,
is imposed on the amount of Php 233,526.13. Not to afford
this relief will make a travesty of the justice to which
Tarnate was entitled for having suffered too long from
Gonzalo’s unjust enrichment.
Art. 23. Even when an act or event causing
damage to another’s property was not due to
the fault or negligence of the defendant, the
latter shall be liable for indemnity if through the
act or event he was benefited.
A C
B the terms thereof have been fully explained to the former. (n)
Illustration: Building A was on fire, and in order for the fire not
to spread (due to the wind heading East), building B was
destroyed. Thus, benefitting the owner of Building C as it
was not damaged by the fire.
Pursuant to Article 23 of the Civil Code, the owner of building
C should indemnify the owner of building B, as he was
benefited by the event. Even it was not due to the negligence
or fault of the owner of building C.
Doctrine of Parens Patriae, concept:
The doctrine refers to the inherent power and authority of
the State to provide protection of the person and property of
a person non sui juris. Under that doctrine, the State has the
sovereign power of guardianship over persons under
Persons and Family Relations
disability. Thus the State is considered the parens patriae of
minors.
People vs. Baylon - the State as parens patriae (father of his
country) is obliged to minimize the risk of harm to those who
because of their minority (or incapacities) are as yet unable
to take care of themselves fully. Those of tender years
deserve its utmost protection.
Pursuant to Article 24 - when laws are doubtful, the doubt is
resolved in favor of the weak or disadvantaged
In labor cases - in case of doubt in the interpretation of the
laws it shall be resolved in the favor of the laborer or
employee. (Euro-Linea Phils. Inc. vs. NLRC)
Article 24 tempers the principle of “gross ignorance of
the law excuses no one from compliance
therewith” (Article 3 of Civil Code)
Other articles showing leniency to the disadvantaged:
Article 1332. When one of the parties is unable to read, or if the
contract is in a language not understood by him, and mistake or
fraud is alleged, the person enforcing the contract must show that
Article 1364. When through the ignorance, lack of skill, negligence or
bad faith on the part of the person drafting the instrument or of the
clerk or typist, the instrument does not express the true intention of
the parties, the courts may order that the instrument be reformed.
Article 1399. 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
benefitted by the thing or price received by him. (1304)
Article 1401. The action for annulment of contracts shall be
extinguished when the thing which is the object thereof is lost
through the fraud or fault of the person who has a right to institute
the proceedings.
Article 1415. Where on of the parties to an illegal contract is
incapable of giving consent, the courts may, if the interest of justice
so demands, allow recovery of money or property delivered by the
incapacitated person.
Art. 24.In all contractual property or other
relations, when one of the parties is at a
disadvantage on account of his moral
dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the
courts must be vigilant for his protection.
Page 19 of 38

Article 1418. When the law fixes, or authorizes the fixing of the
maximum number of hours of labor, and a contract is entered into
whereby a laborer undertakes to work longer than the maximum thus
fixed, he may demand additional compensation for services
rendered beyond the time limit.
Article 1419. When the law sets, or authorizes the setting of a
minimum wage for laborers, and a contract is agreed upon by which
a laborer accepts a lower wage, he shall be entitled to recover the
deficiency.
Ar t. 25. Thoughtless extravagance in
expenses for pleasure or display during a
period of acute public want or emergency may
be stopped by order of the courts at the
instance of any government or private
charitable institution.
Requisites for filing the actions to stop thoughtless
extravagance:
1. There is thoughtless extravagance in expenses;
2. The extravagance is for pleasure or display;
3. There is a period of acute public want or emergency;
4. The case is filed in court by a governmental institution or
private charitable institution.
“thoughtless extravagance” and “acute public want” = must
be understood in their ordinary meanings
Coverage of the Article
- enumeration is not limitative
- other similar acts are also covered with in the scope of the
Article
Right of Privacy, concept:
The right of a person to be free from unwarranted
publicity; and right to live without unwarranted interference
by the public in matters with which the public is not
necessarily concerned.
Federal Trade Commission vs. American Tobacco - It is said
to exist only so far as its assertion is consistent with the law
or public policy, and in a proper case equity will interfere, if
there is no remedy at law, to prevent an injury threatened by
Persons and Family Relations
IBR
Art. 26. Every person shall respect the dignity,
personality, privacy and peace of mind of his
neighbors and other persons. The following
and similar acts, though they may not
constitute a criminal offense, shall produce a
cause of action for damages, prevention and
other relief:
(1) Prying into the privacy of another’s
residence;
(2) Meddling with or disturbing the private life
or family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;
(4) Vexing or humiliating another on account
of his religious beliefs, lowly station in life,
place of birth, physical defect, or other
personal condition.
the invasion of, or infringement upon, this right from motives
of curiosity, gain or malice.
Invasion of Privacy
The unwarranted appropriation or exploitation of one’s
personality, publicizing one’s private affairs with which the
public has no legitimate concern, or wrongful intrusion into
one’s private activities, in such a manner as to cause mental
uffering, shame or humiliation to person of ordinary
sensibilities. (Shorter vs. Retail Credit Co.)
Torts Actions for Invasion of Privacy
(1) Appropriation, consisting of appropriation, for the
defendant’s benefit or advantage, of the plaintiff’s
name or likeness
(2) Intrusion, consisting of intrusion upon plaintiff’s
solitude or seclusion, as by invading his home,
eavesdropping, persistent and unwanted telephone
calls
(3) Public disclosure of private facts, consisting of a
cause of action in publicity, of a high objectionable
kind, given to private information about the plaintiff,
Persons and Family Relations
even though it is true and no action would lie for
defamation.
(4) False light in the public eye, consisting of publicity
which places the plaintiff in a false light in the public
eye.
Prying into the Privacy of Another’s Residence
This includes any act of intrusion into, peeping or
peering inquisitively into the residence of another without the
consent of the latter.
Bill of Rights
“Section 2. The right of the people to be secure in their
persons, houses, papers and effects against
unreasonable searches and seizures shall be
inviolable, and no search warrant or arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to
be searched and the persons or things to be
seized.” (Article III, section 2, 1987 Constitution)
Rule 126, Section 8, 2000 Revised Rules of Criminal
Procedure
“Section 8. Search of house, room, or premise, to be
made in presence of two witnesses.— No search of a
house, room or any other premises shall be made
except in the presence of the lawful occupant thereof
or any member of his family or in the absence of the
latter, the two witnesses of sufficient age and discretion
residing in the same locality”
Disturbance of Private Life or Family Relations of
Another
Involves the meddling of so-called friends who poison
the mind of one or more members of the family against the
other members. In this manner, many happy families are
broken up or estranged.
Loper vs. Askin — A woman cannot be made liable for
alienation of the affections of the husband (of another
woman) for being merely the object of the affections of said
husband. She must, in a sense, be a “pursuer, not merely the
pursued.”
Page 20 of 38

Art. 27. Any person suffering material or moral
loss because a public servant or employee
refuses or neglects, without just cause, to
perform his official duty may file an action for
damages and other relief against the latter,
without prejudice to any disciplinary
administrative action that may be taken.
A defendant, who purposely entices the spouse of another,
to alienate his or her affections with his or her spouse, even if
there are no sexual intimacies is liable for damages under
the Article.
Madison vs. Neuburger — It may happen that a man and his
wife have no more affections for one another. If there is no
more affection that could be alienated, no recovery of
damages could be made.
➡ This authority may be applied in the Philippines, if the
spouses have reached that point where reconciliation
has become highly improbable such as when both
have been living on their own live-in partners
peacefully and are endowed with children.
Hollinghasan vs. Ade — A person who prevented the
reconciliation of spouses after their separation is liable for
damages for alienation of affections.
Alienation from One’s Friends
A person who committed affirmative acts intended to
alienate the existing friendship of one with his friends is liable
for damages. To alienate him wrongfully or with malice from
his friends, is to cause him suffering for which he is entitled
to damages.
Castro vs. People
This case involves a student, Justin Albert, of Reedley
International School which the latter dismissed for violating
the terms of his disciplinary probation. The school denied
the request of Justin’s father to include him in the
graduation ceremonies. Thus, the father filed a complaint
with DepEd and alleged that RIS dismissed his son with
malice, bad faith, and evident premeditation. DepEd later
on found that RIS has a violation point system which
Persons and Family Relations
IBR
allowed the summary imposition of unreasonable
sanctions (which had no basis in fact and in law.) DepEd
thus, ordered RIS to reinstate Justin.
In the graduation ceremonies, Tan met Bernice Ching, a
fellow parent in RIS. Tan told her that he was planning on
suing the officers of RIS in their personal capacities,
including petitioner who was the assistant headmaster.
Ching told the petitioner the plan of Tan, and the petitioner
said to be careful talking to Tan. Ching then told Tan that
the petitioner said that talking to Tan was dangerous.
Tan filed a case against petitioner for grave oral
defamation. He alleged that the petitioner’s words to
Bernice of “Okay, you too take care and be careful talking
to Tan, that’s dangerous.” import of a serious and insulting
nature.
Metropolitan Trial Court found that Ching’s statements in
her affidavit and in open court were consistent and that
she did not have any motive to fabricate a false statement.
Petitioner, on the other hand, harbored personal
resentment, aversion and ill-will against Tan since the
Dep-Ed compelled RIS to readmit his son. Thus, the MeTV
was convinced that petitioner told Ching talking to Tan
was dangerous and that he uttered the statement with the
intention to insult Tan and tarnish his social and
professional reputation. Thus, the petitioner was guilty of
grave oral defamation. RTC found that petitioner was
only liable for slight oral defamation but acquitted him
because prescription had already set in (5 months after
discovery.) Upon the motion of the OSG to reconsider, the
CA reinstated the finding of the MeTC.
➡ SC ruled that there is no double jeopardy yet as the
RTC acted with grave abuse of discretion. At most,
petitioner could have been liable for damages under
Article 26 of the Civil Code:
Article 26. Every person shall respect the
dignity, personality and peace of mind of his
neighbors and other persons. The following
and similar acts, though they may not
constitute a criminal offense, shall produce a
cause of action for damages, prevention or
other relief:
xxx
(3) Intriguing to cause another to be alienated
from his friends;
xxx
Persons and Family Relations
➡ Petitioner is reminded that, as an educator, he is
supposed to be a role model for the youth. As such, he
should always act with justice, give everyone his due
and observe honesty and good faith. He is acquitted of
slight oral defamation.
Vexing of Humiliating Another on Account of his
Religious Beliefs, Lowly Station in Life, Place of Birth,
Physical Defect, or Other Personal Condition
similar acts analogous to these are also denounced
Unauthorized Use of a Picture
St. Louis Realty Corporation vs. CA — The unauthorized use
of a picture of the residence of the plaintiff for advertisement
or promotional gain of a realty corporation without the
consent of the former and which advertisement has
embarrassed the latter (as another family appeared as the
owner thereof) is an actionable wrong under Article 26. The
plaintiff — owner in the eyes of the public who knew him and
his residence perceived him as mere lessee of the house,
thus affecting his social and professional standing.
Same principle will apply to the advertisement of a
picture of a person used for promotional purposes without
his consent.
Unwarranted Notice of Foreclosure
Danao vs. CA — The unjustified notice of foreclosure of the
mortgage of the plaintiffs when they have no more
outstanding obligations is an actionable wrong, for which
they are entitled to damages from the foreclosing bank.
Special Torts
The Civil Code authorizes the grant of moral damages in
acts and actions referred to in Articles 21, 26, 27, 28, 29, 30,
32, 34 and 35 of the Code (Article 2219, paragraph 10.)
These are known as special torts.
Rationale behind Article 27
The purpose of the law is to eliminate corruption in the
government service. The law will serve as a deterrent to
Page 21 of 38
 Persons and Family Relations
IBR

public officials and employees from delaying or refusing to
perform official duties on flimsy reasons or excuses.
Tuazon vs. CA — a public official who, for his plain indolence
or a cynical indifference to the responsibilities of public
service which is not corruption, cause damages to another is
liable for damages under the Article
Torio vs. Fontanilla - This Article only covers NONFEASANCE
or non-performance of official duty by a public officer.
Consunji vs. Villanueva - A public servant cannot afford to be
laxed in the performance of his duties just because he is
about to retire. The strictest compliance with his duty is
required.
U.S. vs. Manuel - The true test of unfair competition is
whether certain goods have been intentionally clothes with
an appearance which is likely to deceive the ordinary
purchaser exercising ordinary care, and not whether a
certain limited class of purchasers with special knowledge
not possessed by the ordinary purchaser could avoid by
mistake by the exercise of this special knowledge

Phil. Match Co.,Ltd. vs. City of Cebu - This Article is not

Anti-Graft and Corrupt Practices Act
Section 3, of RA 3019
“(f) Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable time
on any matter pending before him for the purpose of
obtaining directly or indirectly, from any person interested in
the matter some pecuniary or material benefit or advantage,
or for purpose of favoring his own interest or giving undue
advantage in favor of or discriminating against any other
interested party.”
Requisites for Filing of Action
1. A public servant or employee refuses or neglects to
perform his official duty;
- the duty which he refused or failed to perform, must
be ministerial in character which the law requires him
to perform
2. There is no valid reason for the refusal or neglect to
perform official duty;
- he will be liable only if he acted in a notoriously
arbitrary manner or he acted willfully, maliciously, or
with gross neglect
- good faith or the absence of ill-will is not a defense
because the officer is under constant obligation to
discharge the duties of his office, and it is not
necessary to show that his failure to act was due to
malice or willfulness.
3. That injury or damage is suffered by the plaintiff
Nonfeasance - omission of an act which a person ought to
do
Misfeasance - improper doing of an act which a person
might lawfully do
Malfeasance - the doing of an act which a person ought not
to do at all
applicable when the public officer executed an act within the
scope of his official capacity and in line of duty. It applies
only if there is an unjustifiable refusal to perform an official
Article 29. When the accused in a criminal
duty causing damage or prejudice to another or when there procedure is acquitted on the ground that his
is an “inexcusable negligence” guilt has not been proved beyond reasonable
doubt, a civil action for damages for the same
act or omission may be instituted. Such action
Art. 28. Unfair competition in agricultural, of the defendant, the court may require the
commercial or industrial enterprises or in labor plaintiff to file a bond to answer for damages
through the use of force, intimidation, deceit, in case the complainant should be found to be
machination or any other unjust, oppressive or malicious.
high-handed method shall give rise to a right If in a criminal case the judgement of
of action by the person who thereby suffers acquittal is based upon reasonable doubt, the
damage.
court shall so declare. In the absence of any
declaration to that effect, it may be inferred fro
Unfair Competition, concept: the text of the decision whether or not the
It consists in employing deception or any other means acquittal is due to that ground.
contrary to good faith by which any person shall pass of the
goods manufactured by him or in which he deals, or his
business, or services for those of the one having established
goodwill, or committing any acts calculated to produce such
result.
Unfair competition could be committed through the use of
either
(1) force
(2) intimidation
(3) deciet
(4) machination
(5) or any other unjust, oppressive or high-handed method in
agricultural, commercial or industrial enterprises or in
labor.

Persons and Family Relations Page 22 of 38


dependent civil action - involves a civil obligation arising
from a criminal offense
proof beyond reasonable doubt - the amount of proof
which forms an abiding moral certainty that the accused
committed the crime charged
If the guilt of the accused is not proven beyond reasonable
doubt, a civil action to prove the civil liability can still be filed
where only a preponderance of evidence is related.
Article 29 enables a separate civil action to be filed when:
➡the guilt of the accused is based on reasonable doubt
- must be expressly stated
- but if it is not expressly stated, it can be inferred from
the decision
‣ Philippine National Bank vs. Catipon - [t]he
acquittal of the accused of the charge of estafa
predicated on the conclusion, “that the guilt of the
defendant has not been satisfactorily
established,” is equivalent to one on reasonable
doubt and does not preclude a suit to enforce the
civil liability for the same act or omission under
Article 29 of the new Civil Code.
‣ Republic of the Philippines vs. Asaad - [a]
judgement of acquittal does not constitute a bar
to a subsequent civil action involving the same
subject matter, even in regard to a civil action
brought against the defendant by the State, nor is
it evidence of his innocence in such action, and is
not admissible in evidence to prove that he was
not guilty of the crime with which he was charged.
- exception: cannot file a separate action when there is
a clear showing that the act from which the civil
liability might arise did not exist, the judgement shall
make a finding on the civil liability of the accused in
favor of the offended party (Section 2, paragraph 4,
Rule 120, of Rules of Court)
➡the acquittal is due to a prescription of the action
- Sombilla vs. Hodges - When an accused was
acquitted based on prescription of the crime, he is
released from criminal responsibility, but not from civil
liability. Otherwise, the injured party would be
prejudiced.
➡the decision declares that
Persons and Family Relations
IBR
(1) the liability of the accused is not criminal but only dependent civil actions independent civil actions
civil
(2) the civil liability is not derived from or based on the for purposes of practicality, must tell
criminal act of which the accused is acquitted, civil Court of the independent suit
action will still prosper civil action must be suspended until can be simultaneously heard by the
should await for the outcome of the court; upon request of the offended
Cannot file for a separate civil action when the acquittal is criminal case party, the civil case can be
(section 2, Rule 111, Revised Rules absorbed in the criminal case
based on the finding that: of Criminal Procedure) proceedings
(1) the accused is not the author of the crime; or
(2) no crime existed (on which the civil action ex delito is
based) Section 3(c) of Rule 111 of the Revised
Criminal Procedure ; or
(3) when the acquittal is based on pure innocence and Padilla vs. People
not on reasonable doubt This case involves public officials, taking advantage of their
(4) if there is a finding that in a final judgement in the positions, caused property damage to another. Regional Trial
criminal action that the act or omission from which Court, convicted them of grave coercion and held them
the civil liability may arise did not exist civilly liable. Although the Court of Appeals acquitted them
on ground of reasonable doubt of the criminal offense, they
ordered the defendants to pay damages. They filed a petition
for special civil action claiming that their acquittal in the
dependent civil actions independent civil actions
criminal proceedings (grave coercion) extinguished their civil
liability as well and that a separate civil action must be filed
involves civil obligations arising from involves civil obligation not arising
criminal offense from the criminal offense such as to recover civil liability.
laws or contracts ➡ SC ruled: While appellants are entitled to acquittal they
nevertheless are liable for the actual damages suffered by
discussed in: Articles 29, 30 and 35 discussed in: Articles 31 and 35
of the Civil code the complainants by reason of the demolition of the stall
and loss of some of their properties. The extinction of the
example: delicts examples: Articles 32, 33, 34 and penal action does not carry with it that of the civil, unless
i.e. rape 2176 of the Civil Code
Article 1157 enumerates other the extinction proceeds from a declaration in a final
sources of civil obligation that may judgement that the fact from which the civil might arise did
arise as a result of the criminal act
or omission:
not exist (Rule 111, Section 3, Revised Rules of Court.) In
1. law the instant case, the fact from which the civil might arise,
2. contracts namely, the demolition of the stall and loss fo the
3. quasi-contracts
4. quasi-delicts properties contained therein, exists, and this is not denied
by the accused. And since there is no showing that the
impliedly instituted with the criminal can only be pursued by filing a complainants have reserved or waived their right to
action separate civil action and subject to
Rule 111, Section 1, Revised Rules Section 1, Rule 111 of the Revised institute a separate civil action, the civil aspect therein is
of Court Criminal Procedure. (if defendant is deemed instituted with the criminal action. (Rule 111,
dead, the separate civil action may
be enforced either against the
Section 1, Revised Rules of Court)
executor/administrator or the estate ➡ The extinction of the civil action by reason of acquittal in
of the accused) the criminal case refers exclusively to civil liability ex
People vs. Bayotas
delicto [arising from crime] founded on Article 100 of the
must reserve before the prosecution no need to reserve Revised Penal Code. In other words, the civil liability which
starts presenting its evidence [Section 3, Rule 111, Revised Rules is also extinguished upon acquittal of the accused if the
2nd paragraph, Section 1, Rule 111, of Criminal Procedure]
Revised Rules of Criminal Procedure civil liability arising from the act of the crime.
Persons and Family Relations Page 23 of 38

➡Article 29 emphasizes that a civil action for damages is not
precluded by an acquittal for the same criminal act or
omission. The Civil Code Provision does not state that the
remedy can be availed only in a separate civil action. A
separate civil case may be filed but there is no statement
that such separate filing is the only and exclusive
permissible mode of recovering damages.
➡There is nothing contrary to the Civil Code provision in the
rendition of a judgement of acquittal and a judgement
awarding damages in the same criminal action. The two
can stand side by side. A judgement of acquittal operates
to extinguish the criminal liability. It does not, however,
extinguish the civil liability unless there is a clear showing
that the act from which civil liability might arise did not
exist.
➡A separate civil action may be warranted where additional
facts have to be established or more evidence must be
adduced or where the criminal case has been fully
terminated and a separate complaint would be just as
efficacious or even more expedient than a timely remand
to the trial court where the criminal action was decided for
further hearings on the civil aspects of the case. These do
not exist in this case. Considering moreover the delays
suffered by the case in the trial, appellate,and review
stages, it would be unjust to the complainants in this case
to require at this time a separate civil action to be filed. The
CA did not err in awarding damages despite a judgement
of acquittal.
Art. 30. When a separate civil action is brought
to demand civil liability arising from a criminal
offense, and no criminal, and no criminal
proceedings are instituted during the
pendency of the civil case, a preponderance
of evidence shall likewise be sufficient to
prove the act complained of.
dependent civil action - involves a civil obligation arising
from a criminal offense
preponderance of evidence - as a whole, the evidence
adduced by one side outweighs that of the adverse party
Persons and Family Relations
IBR
People vs. Bayotas
The issue of this case is whether or not the death of the
defendant pending his appeal of his conviction,
extinguishes his civil liability. The Supreme Court,
consequently upon the death of the defendant, dismissed
the criminal aspect of the appeal. However, it required the
Solicitor General to file its comment with regard to Bayotas’s
civil liability arising from his commission of the offense
charged.
➡ Article 89. How criminal liability is totally extinguished. —
Criminal liability is totally extinguished: 1. By the death of
the convict, as to personal penalties; and as to the
pecuniary penalties liability therefor is extinguished only
when the death of the offender occurs before final
judgement;
➡ People vs. Castillo - With reference to Castillo’s criminal
liability, there is no question. The law is plain. Statutory
construction is unnecessary. Said liability is extinguished.
➡ SC ruled that the opinion of Judge Kapunan is correct: as
“the civil is based solely on the felony committed and of
which the offender might be found guilty, the death of the
offender extinguishes the civil liability.”
- If the Court dismisses the criminal action and let the
civil aspect remain, it will be faced with the
anomalous situation whereby we will be called upon
to clamp civil liability in a case where the source
there of (criminal liability) does not exist.
- Bautista, et. al. vs. Estrella, et. al. - “no party can be
found and held criminally liable in a civil suit,” which
solely would remain if we are to divorce is from the
criminal proceeding.
➡ Torrijos case: The extinction of civil liability follows the
extinction of the criminal liability under Article 89, only
when the civil liability arises from the criminal act as its only
basis. Stated differently, where the civil liability does not
exist independently of the criminal responsibility, the
extinction of the latter by death, ipso acto extinguishes
the former, provided, of course, that death supervenes
before final judgement
➡ Article 30 - When a separate civil action is brought to
demand civil liability arising from a criminal offense, and no
criminal proceedings are instituted during the pendency of
the civil case, a preponderance of evidence shall likewise
be sufficient to prove the act complained of.
Persons and Family Relations
- refers to the institution of a separate civil action that
does not draw its lie from a criminal proceeding
➡ Death of the accused pending appeal of his conviction
extinguishes his criminal liability as well as the civil liability
based solely thereon. [dependent civil actions]
➡ The claim for civil liability survives notwithstanding the
death of accused, if the same may also be predicated on a
source of obligation other than delict [independent civil
actions].
➡ We hold that the death of the appellant Bayotas
extinguished his criminal liability and the civil liability
based solely on the act complained of, i.e. rape.
Article 31. When the civil action is based on
an obligation not arising from the act or
commission complained of as a felony, such
civil action may proceed independently of the
criminal proceedings and regardless of the
result of the latter.
independent civil action - when the civil action is based on
an obligation not arising from the criminal offense
According to Justice Capistrano of the Civil Code
Commission
quasi-delict - is culpa-aquilana and is separate and distinct
from criminal negligence
‣ Article 2176
‣ Article 31 - applies to quasi-delicts and culpa-
contractual
- provision refers to a civil action based on an
obligation arising from a law or a contract
and not a criminal obligation, unlike
dependent civil actions
Article 2176 of the Civil Code
Whoever by act or omission causes damage to another,
there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-
Page 24 of 38

existing contractual relation between the parties, is called
a quasi-delict and is governed by the provisions of this
Chapter.
Article 2177 of the Civil Code
Responsibility for fault or negligence under the preceding
article is entirely separate and distinct from the civil
liability arising from negligence under the Penal Code. But
the plaintiff cannot recover damages twice for the same
act or omission of the defendant.
Frias vs. Sandiego - Sison
Petitioner claims that moral damages were awarded on the
erroneous finding that she used a fraudulent scheme to
deprive respondent of her security for the loan; that such
finding is baseless since petitioner was acquitted in the case
for perjury and false testimony filed by respondent against
her.
➡Article 31 of the Civil Code provides that when the civil
action is based on an obligation not arising from the act or
omission complained of as a felon, such civil action may
proceed independently of the criminal proceedings and
regardless of the result of the latter.
➡While petitioner was acquitted in the false testimony and
perjury cases filed by respondent against her, those
actions are entirely distinct from the collection of sum of
money with damages filed by respondent against
petitioner.
➡We agree with the findings of the trial court and the CA that
petitioner’s act of trying to deprive respondent of the
security of her loan by executing an affidavit of loss of the
title and instituting a petition for the issuance of a new
owner’s duplicated copy entitles respondent to moral
damages. Moral damages may be awarded in culpa
contractual or breach of contract cases when the
defendant acted fraudulently or in bad faith. Bad faith does
not simply connote bad judgement or negligence; it
imports a dishonest purpose or some moral obliquity and
conscious doing of wrong. It partakes of the nature of
fraud.
Persons and Family Relations
IBR
Article 32. Any public officer or employee, or
any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights
and liberties of another person shall be liable to
the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to
maintain a periodical publication;
(4) Freedom from arbitrary or illegal
detention;
(5) Freedom from suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when
private property is taken for public use;
(8) The right to the equal protection of the
laws;
(9) The right to be secure in one’s person,
house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing
the same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of
associations or societies for purposes
not contrary to law;
(13) The right to take part in a peaceable
assembly to petition the Government for
redress of grievances;
(14) The right to be free from involuntary
servitude in any form;
(15) The right of the accused against
excessive bail;
Persons and Family Relations
(16) The right of the accused to be heard by
himself and counsel, to be informed of
the nature and cause of the accusation
against him, to have a speedy and
public trial, to meet the witnesses face
to face, and to have a compulsory
process to secure the attendance of
witness in his behalf;
(17) Freedom from being compelled to be a
witness against one’s self, or from being
forced to confess guilt, or from being
induced by a promise of immunity or
reward to make such confession, except
when the person confessing becomes a
State witness;
(18) Freedom from excessive fines, or cruel
and unusual punishment, unless the
same is imposed or inflicted in
accordance with a statute which has not
been judicially declared
unconstitutional; and
(19) Freedom of access to courts.
In any of the cases referred to in this
article, whether or not the defendant’s act or
omission constitutes a criminal offense, the
aggrieved party has a right to commence an
entirely separate and distinct civil action shall
proceed independently of any criminal
prosecution (if the latter be instituted) and may
be proved by a preponderance of evidence.
The indemnity shall include moral
damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not
demandable from a judge unless his act or
omission constitutes a violation of the Penal
Code or other penal statute.
Page 25 of 38

Rationale of the provision (Code Commission):
1. The threat to freedom originates from abuses of power by
government officials.
2. The requirement of proof beyond reasonable doubt
prevented the appropriate punishment. On the other
hand, an independent civil action, as proposed in the
new Civil Code, would afford the proper remedy by a
preponderance of evidence.
3. The injured citizen will always have adequate civil
remedies before the courts because of the independent
civil action, even in those instances where the act or
omission complained of does not constitute a criminal
offense.
Liwayway Vinzons-Chato vs. Fortune Tobacco Corporation-
An individual cannot have a particular action against a public
officer without a particular injury, or a particular right, which
are grounds upon which all actions are founded…
Juxtaposed to the rule that an individual can hold a public
officer personally liable for damages on account of an act or
omission that violates a constitutional right only if it results in
a particular wrong or injury to the former.
In tort law, there must be a breach of duty on the part of the
officer thus, tort damages was awarded:
‣ Lim vs. Ponce de Leon - granted the petitioner’s claim
for damages because he, in fact, suffered the loss of his
motor launch due to the illegal seizure thereof
‣ Cojuangco, Jr. vs. CA - upheld the right of the petitioner
to the recovery of damages as there was an injury
sustained by him on account of the illegal withholding of
his horserace prize winnings
Cause of action exists for tort when the following
elements are present:
1. The injured party has a right pursuant to a law or
public policy
2. The law imposes an obligation on the defendant to
respect or not to violate such right
3. the act or omission of the defendant violating such
right of the plaintiff, constituting a breach of the
obligation of defendant to plaintiff for which the latter
may maintain an action for recovery of damages
Persons and Family Relations
IBR
Abarca vs. Ver - Article 32 of the Civil Code which renders
any public officer or employee or any private individual liable
in damages for violating the constitutional rights and liberties
of another, as enumerated therein, does not exempt the
respondents from responsibility. Only judges are excluded
from liability under the said article, provided their acts or
omissions do not constitute a violation of the Penal Code or
other penal statute.
XXX
…[Article 32] speaks of an officer or employee or person
“directly” or “indirectly” responsible for the violation of the
constitutional rights and liberties of another. Thus it is not the
actor alone (i.e. the one directly responsible) who must
answer for damages under Article 32; the person indirectly
responsible has also to answer for the damages or injury
caused to the aggrieved party.
Lim vs. Ponce de Leon - SC rejected the good faith defense
of the fiscal but absolved the detachment commander as he
was led to believe that the order of the station commander
was lawful.
[quoting Dean Bocobo in the public hearings of the
Senate Joint Committee] “The very nature of Article 32 is that
the wrong may be civil or criminal. It is not necessary
therefore that there should be malice of bad faith. To make
such a requisite would defeat the main purpose of Article 32
which is that effective protection of individual rights…
Precisely, the object of the Article is to put an end to official
abuse by the plea of good faith…”
General rule: An individual can hold a public official or
public employee or private person civilly liable and file an
independent civil action to recover damages therefor.
Exception: Judges cannot be subjected to civil, criminal or
administrative, for any of their official acts, no matter how
erroneous, so as long as they act in good faith. Esguerra vs.
Gonzales-Asdala
Exception to the Exception: Judges can be made
criminally, civilly or administratively liable when they acted
fraudulently or corruptly, or with gross ignorance. Esguerra
vs. Gonzales-Asdala
MHP Garments Inc., vs. Court of Appeals
Persons and Family Relations
MHP Garments Inc. was awarded by the Boy Scouts of the
Philippines, the exclusive franchise to sell and distribute
official Boy Scouts uniforms, supplies, badges, and
insignias. In the Memorandum Agreement, petitioner
corporation was given the authority to “undertake or cause to
be undertaken the prosecution in court of all illegal sources
of scout unifor ms and other scouting supplies.”
Consequently, they together with 2 constabulary men of the
Reaction Force Batallion, went to the stores of the
respondents and without any warrant, seized the
merchandise of boy and girl scouts pants, dresses, and suits
on display at respondents’ stalls.
The provincial fiscal of Rizal dismissed the complaint of
unfair competition filed by the petitioner against the
respondents and ordered them to return all the seized
merchandise. The respondents failed to return the illegally
seized merchandise as well as the Php3100 extorted by the
petitioner so that the charges against the respondent to be
dropped.
➡ Petitioner’s evidence regarding the unfair competition
charges against the respondents did not justify the
warrantless search and seizure of private respondents’
goods.
➡ In Lim vs. Ponce de Leon, we ruled for the recovery of
damages for violation of constitutional rights and liberties
from public officer or private individual thus:
Art.32. Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be
liable to the latter for damages.
xxx
(9) The right to be secure in one’s person, house,
papers and effects against unreasonable searches and
seizures.
xxx
The indemnity shall include moral damages. Exemplary
damages may also be adjudged.
Art. 2219. Moral damages may be recovered in the
following and analogous cases:
xxx
(6) illegal search;
(10) acts and actions referred to in Articles 21, 26, 27,
28, 29,
Page 26 of 38

30, 32 34, and 35
Pursuant to the foregoing provisions, a person whose
constitutional rights have been violated or impaired is
entitled to actual and moral damages from the public
officer or employee responsible therefor. In addition,
exemplary damages may also be awarded
The very nature of Article 32 is that the wrong may be civil
or criminal. It is not necessary therefore that there should
be malice or bad faith. To make such a requisite would
defeat the main purpose of Article 32 which is the effective
protection of individual rights. Public officials in the past
have abused their powers on the pretext of justifiable
motives or good faith in the performance of their duties.
Precisely, the object of the Article is to put an end to official
abuse by plea of the good faith.
➡Aberca vs. Ver, the Court En Banc explained the liablility of
persons indirectly responsible, viz:
The decisive factor in this case, in our view, is the
language of Article 32. The law speaks of an officer or
employee or person “directly” or “indirectly”
responsible for the violation of the constitutional rights
and liberties of another. Thus, it is not the actor alone
(i.e., the one directly responsible) who must answer for
damages under Article 32; the person indirectly
responsible has also to answer for the damages or
injury caused to the aggrieved party.
➡Applying the aforecited provisions and leading cases, the
respondent court correctly granted damages to private
respondents. Petitioners were indirectly involved in
transgressing the right of private respondents against
unreasonable searches and seizure.
1. Firstly, they instigated the raid pursuant to their
covenant in the Memorandum of Agreement to
undertake the prosecution in court of all illegal
sources of scouting supplies. The raid was
conducted with the active participation of their
employee who did not lift a finger to stop the seizure
of the merchandise.
2. The letter of instruction intended for MHP Garments
Inc., to safeguard not only the privilege of franchise
holder of scouting items but also the citizen’s
constitutional rights. Therefore petitioners miserably
failed to report the unlawful peddling of scouting
goods to the Boy Scouts of the Philippines for the
proper application of a warrant.
Persons and Family Relations
IBR
3. If petitioners did not have a hand in the raid, they
should have filed a 3rd party complaint against the
raiding team for contribution or any other relief.
➡ Conformably with our ruling in Lim vs. Ponce de Leon,
moral damages can be awarded in the case at bench.
There can be no doubt that petitioners must have suffered
sleepless nights, serious anxiety, and wounded feelings
due the tortious raid caused by petitioners. Private
respondents’ avowals of embarrassment and humiliation
during the seizure of their merchandise were supported by
their testimonies.
➡ The wantonness of the wrongful seizure justifies the award
of exemplary damages. It will also serve as a stern
reminder to all and sundry that the constitutional protection
against unreasonable search and seizure is a virile reality
and not a mere burst of rhetoric. The all encompassing
protection extends against intrusions directly done both by
government and indirectly by private entities.
Article 33. In cases of defamation, fraud, and
physical injuries, a civil action for damages,
entirely separate and distinct from the criminal
action, may be brought by the injured party.
Such civil action shall proceed independently
of the criminal prosecution, and shall require
only a preponderance of evidence.
Article 33 covers three groups of criminal offenses:
1. defamation - act of harming the reputation of another
by making a false statement to a 3rd person
a) libel
- defamatory statement expressed in a fixed
medium
- committed by means of writing, printing,
lithography, engraving, radio, phonograph,
painting, or theatrical or cinematographic
exhibition, or any similar means
b) slander
- defamatory statement expressed orally
Persons and Family Relations
➡ An independent civil action for damages in
defamation is recognized under Art. 360 of the
Revised Penal Code
2. fraud
a) estafa
b) swindling
➡ punishable under Articles 315, 316, 317, and 318
of the Revised Penal Code When the basis of the
civil action is fraud, both civil and criminal actions
may proceed independently of each other under
Article 33 (Rojas vs. People)
3. physical injuries
➡ This term is not confined to the crime of physical
injuries under Articles 262, 263, 264, 265 and 266
of the Revised Penal Code. It is used in its generic
sense. It covers all kinds of physical injuries
including attempted, frustrated or consummated
homicide. (Carandang vs. Santiago)
Article 33 applies also to culpable felonies
Madeja vs. Caro - involves the death of a patient after an
operation for appendectomy, the Supreme Court through
Justice Abad Santos said: “Corpus vs. Paje, which states
that reckless imprudence or criminal negligence is not
included in Article 33 of the Civil Code is not authoritative. Of
eleven justices only nine took part in the decision and four of
them merely concurred in the result.”
The Court thus allowed the prosecution of the civil action for
damages arising from homicide with reckless imprudence
independently of the criminal action.
If the acts complained of do not constitute criminal offenses,
the civil action is just an ordinary civil action and not an
independent civil action. An independent civil action poses
the existence of a criminal offense based on the same facts.
Page 27 of 38

Article 34. When a member of a city or
municipal police force refuses or fails to
render aid or protection to any person in case
of danger to life or property, such peace
officer shall be primarily liable for damages,
and the city or municipality shall be
subsidiarily responsible therefor. The civil
action herein recognized shall be independent
o f a n y c r i m i n a l p ro c e e d i n g s , a n d a
preponderance of evidence shall suffice to
support such action.
Article 34 covers a situation where:
1. there is a danger to the life or property of a person
2. a member of a city or municipal police force who is
present in the scene refused or failed to render aid or
protection to the person
3. damages are caused either to the person and or the
property of the victim
liability of the police officer for damages ➡ primary
liability of the city or municipality for damages ➡ subsidiary
Defense of having observed the diligence of a good father of
a family to prevent the damage is not available to the city or
municipality.
Persons and Family Relations
IBR
Article 35. When a person, claiming to be
injured by a criminal offense, charges another
with the same, for which no independent civil
action is granted in this Code or any special
law, but the justice of the peace finds no
reasonable grounds to believe that a crime
has been committed, or the prosecuting
attorney refuses or fails to institute criminal
proceedings, the complainant may bring a
civil action for damages against the alleged
offender. Such civil action may be supported
by a preponderance of evidence. Upon the
defendant’s motion, the court may require the
plaintiff to file a bond to indemnify the
defendant in case the complaint should be
found to be malicious.
If during the pendency of the civil
action, an information should be presented by
the prosecuting attorney, the civil actions shall
be suspended until the termination of the
criminal proceedings.
Article 35 contemplates a situation wherein
✓ the act committed constitutes a criminal offense but there
is no independent civil action authorized by the Civil Code
or any special law; and
✓ where a municipality who is authorized to conduct
preliminary investigation dismisses a criminal case for lack
of reasonable ground to hold the accused for trial; OR
✓ when the public prosecutor fails to institute any criminal
case against the alleged offender
In this Article, the criminal case was either already dismissed
by the inferior court or by the public prosecutor for lack of
prima facie case, or for other reasons. Therefore the bond is
needed because it is not farfetched that the civil case being
pursued is only for purposes of malicious harassment.
Persons and Family Relations
If opted to file a separate civil action, it shall be suspended
when the prosecuting attorney presents an information with
regard to the criminal case.
BP 22 cases need no reservation as the civil action is
always instituted with criminal proceedings. (Section
1(b), Rule 111 Rules of Court)
RULE 111, Rules of Court
Prosecution of Civil Action
Section 1. Institution of criminal and civil actions. — (a) When a
criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be deemed
instituted with the criminal action unless the offended party waives
the civil action, reserves the right to institute it separately or
institutes the civil action prior to the criminal action.
The reservation of the right to institute separately the civil action
shall be made before the prosecution starts presenting its
evidence and under circumstances affording the offended party a
reasonable opportunity to make such reservation.
When the offended party seeks to enforce civil liability against
the accused by way of moral, nominal, temperate, or exemplary
damages without specifying the amount thereof in the complaint or
information, the filing fees thereof shall constitute a first lien on the
judgment awarding such damages.
Where the amount of damages, other than actual, is specified in
the complaint or information, the corresponding filing fees shall be
paid by the offended party upon the filing thereof in court.
Except as otherwise provided in these Rules, no filing fees shall
be required for actual damages.
No counterclaim, cross-claim or third-party complaint may be
filed by the accused in the criminal case, but any cause of action
which could have been the subject thereof may be litigated in a
separate civil action. (1a)
(b) The criminal action for violation of Batas Pambansa Blg. 22
shall be deemed to include the corresponding civil action. No
reservation to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the
offended party shall pay in full the filing fees based on the amount
of the check involved, which shall be considered as the actual
damages claimed. Where the complaint or information also seeks
to recover liquidated, moral, nominal, temperate or exemplary
damages, the offended party shall pay additional filing fees based
on the amounts alleged therein. If the amounts are not so alleged
but any of these damages are subsequently awarded by the court,
Page 28 of 38

the filing fees based on the amount awarded shall constitute a first
lien on the judgment.
Where the civil action has been filed separately and trial thereof
has not yet commenced, it may be consolidated with the criminal
action upon application with the court trying the latter case. If the
application is granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing consolidation of
the civil and criminal actions. (cir. 57-97)
Section 2. When separate civil action is suspended. — After the
criminal action has been commenced, the separate civil action
arising therefrom cannot be instituted until final judgment has been
entered in the criminal action.
If the criminal action is filed after the said civil action has already
been instituted, the latter shall be suspended in whatever stage it
may be found before judgment on the merits. The suspension shall
last until final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits is rendered in the civil
action, the same may, upon motion of the offended party, be
consolidated with the criminal action in the court trying the criminal
action. In case of consolidation, the evidence already adduced in
the civil action shall be deemed automatically reproduced in the
criminal action without prejudice to the right of the prosecution to
cross-examine the witnesses presented by the offended party in
the criminal case and of the parties to present additional evidence.
The consolidated criminal and civil actions shall be tried and
decided jointly.
During the pendency of the criminal action, the running of the
period of prescription of the civil action which cannot be instituted
separately or whose proceeding has been suspended shall be
tolled. (n)
The extinction of the penal action does not carry with it
extinction of the civil action. However, the civil action based on
delict shall be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from which
the civil liability may arise did not exist. (2a)
Section 3. When civil action may proceeded independently. — In the
cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code
of the Philippines, the independent civil action may be brought by
the offended party. It shall proceed independently of the criminal
action and shall require only a preponderance of evidence. In no
case, however, may the offended party recover damages twice for
the same act or omission charged in the criminal action. (3a)
Section 4. Effect of death on civil actions. — The death of the
accused after arraignment and during the pendency of the criminal
action shall extinguish the civil liability arising from the delict.
However, the independent civil action instituted under section 3 of
this Rule or which thereafter is instituted to enforce liability arising
from other sources of obligation may be continued against the
Persons and Family Relations
IBR
estate or legal representative of the accused after proper
substitution or against said estate, as the case may be. The heirs
of the accused may be substituted for the deceased without
requiring the appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or
representatives to appear and be substituted within a period of
thirty (30) days from notice.
A final judgment entered in favor of the offended party shall be
enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be dismissed
without prejudice to any civil action the offended party may file
against the estate of the deceased. (n)
Section 5. Judgment in civil action not a bar. — A final judgment
rendered in a civil action absolving the defendant from civil liability
is not a bar to a criminal action against the defendant for the same
act or omission subject of the civil action. (4a)
Article 36. Prejudicial questions, which must
be decided before any criminal prosecution
may be instituted or may proceed, shall be
governed by rules of court which the Supreme
Court shall promulgate and which shall not be
in conflict with the provisions of this Code.
Prejudicial Question, defined
A prejudicial question is one based on a fact distinct and
separate from the crime but so intimately connected with it that it
determines the guilt or innocence of the accused, and for it to
suspend the criminal action, it must appear not only that said case
involves facts intimately related to those upon which the criminal
prosecution would be based but also that in the resolution of the
issue or issues raised in the civil case, the guilt or innocence of the
accused would be necessarily determined. (Librodo vs. Concolluela,
Jr.)
Rationale
The rationale behind the principle of suspending a criminal case in
view of a prejudicial question is to avoid 2 conflicting decisions.
Rule 111, Rules of Court
Persons and Family Relations
Section 6. Suspension by reason of prejudicial question. — A
petition for suspension of the criminal action based upon the
pendency of a prejudicial question in a civil action may be filed in
the office of the prosecutor or the court conducting the preliminary
investigation. When the criminal action has been filed in court for
trial, the petition to suspend shall be filed in the same criminal
action at any time before the prosecution rests. (6a)
Section 7. Elements of prejudicial question. — The elements of a
prejudicial question are: (a) the previously instituted civil action
involves an issue similar or intimately related to the issue raised in
the subsequent criminal action, and (b) the resolution of such issue
determines whether or not the criminal action may proceed. (5a)
Rojas vs. People - Independent civil actions are not pre-judicial
questions to criminal cases to which they are related. They can
proceed independently of the criminal cases.
People vs. Villamor - It is the defendant who can invoke or seek the
suspension of the criminal case due to the existence of a pre-judicial
question and not the prosecutor especially after he had presented
the evidence for the prosecution. It is unfair to the accused who is
entitled to a speedy trial.
Alano vs. CA - Since the suspension of the criminal case due to a
prejudicial question is only a procedural matter, the same is subject
to waiver by virtue of the prior acts of the accused. After all, the
doctrine of waiver is made solely for the benefit and protection of the
individual in his private capacity, if it can be dispensed with and
relinquished without infringing on any public right and without
detriment to the community at large.
Tuanda vs. Sandiganbayan
This case involves the legality of a designation or appointment of the
respondents and a case filed by the respondents against the
petitioner for not paying their salaries, privileges and benefits which
is a violation of RA 3019. The only issue in the case is whether or not
the legality or validity of private respondents’ designation as sectoral
representatives which is pending resolution in a civil case is a
prejudicial question justifying the suspension of the proceedings in
the criminal case against petitioners.
➡ A prejudicial question is one that must be decided before any
criminal prosecution may be instituted or before it may proceed
(See Art. 36, Civil Code) because a decision on that point is vital to
the eventual judgement in the criminal case. Thus the resolution of
the prejudicial question is a logical antecedent of the issues
involved in said criminal case.
➡ It has two essential elements: (1) the civil action involves an
issue similar or intimately related to the issue raised in the
Page 29 of 38

criminal action; and (2) the resolution of such issue
determines whether or not the criminal action may proceed.
➡ Applying the foregoing principles to the case at bench, we find
that the issue in the civil case, constitutes a valid prejudicial
question to warrant the suspend of the arraignment and further
proceedings in the criminal case against petitioners.
➡ All the elements of a prejudicial question are clearly and
unmistakably present in this case.
1. There is no doubt that the facts and issues involved in the
civil action and the criminal case are closely related.
- The filing of the criminal case was premised on
petitioner’s alleged partiality and evident bad faith in not
paying private respondents’ salaries and per diems as
sectoral representatives, while the civil action was
instituted precisely to resolve whether or not the
designations of private respondents as sectoral
representatives were made in accordance with law.
2. More importantly, the resolution of the civil case will
certainly determine if there will still be any reason to
proceed with the criminal action.
- Should the CA uphold the trial court’s decision declaring
null and void private respondent’s designations as
sectoral representatives for failure to comply with the
provisions of the Local Government Code, the charges
against petitioners would no longer, so to speak, have a
leg to stand on.
- Petitioners cannot be accused of bad faith and partiality
there being in the first place no obligation on their part to
pay private respondents’ claims. Private respondents do
not have any legal right to demand salaries, per diems
and other benefits. In other words, the Court of
Appeals’s resolution of the issues raised in the civil
action will ultimately determine whether or not there is
basis to proceed with the criminal case.
➡ Since the designation was not in accordance with the Local
Government Code. The same was null and void. Therefore, no
compensation must be given since their appointment was
contended since the beginning.
‣ Private respondents insist that even if their designations are
nullified, they are entitled to compensation for actual services
rendered.
- We disagree. As found by the trial court and as borne
out by the records, from the start, private respondents’
designations as sectoral representatives have been
challenged by petitioners. They began with a petition
filed with the Office of the President copies of which
were received by private respondents, barely 8 days
after they took oath of office. Hence, private
respondents’ claim that they have actually rendered
Persons and Family Relations
IBR
services as sectoral representatives has not been
established.
Beltran vs. People
➡ The pendency of the case for declaration of nullity of petitioner’s
marriage is not a prejudicial question to the concubinage case.
For a civil case to be considered prejudicial to a criminal action as
to cause the suspension of the latter pending the final
determination of the civil case, it must appear not only that the
said civil case involves the same facts upon which the criminal
prosecution would be based, but also that in the resolution of the
issue/s raised in the aforesaid civil action, the guilt or innocence of
the accused would necessarily be determined.
➡ With regard to the petitioner’s argument that he could be acquitted
of the charge of concubinage should his marriage be declared
null and void, suffice it to state that even a subsequent
pronouncement that his marriage is void from the beginning is not
a defense.
Philippine Agila Satellite Incorporated vs. Lichauco
This case involves a misunderstanding regarding the bidding of two
orbital slots for satellite launching. After PASI had obtained loans of
massive amounts, believing that they have confirmed the said orbital
slots. The DOTC with whom they entered a Memorandum of
Understanding with, gave 1 of their orbital slots to another
corporation whose identity was not disclosed. PASI filed a complaint
before the Regional Trial Court against Lichauco and the unknown
awardee, for injunction to enjoin the award of orbital slot 153E,
declare its nullity, and for damages. It also filed a case before the
office of the Ombudsman against Lichauco for gross violation of
Section 3(e) of Republic Act 3019, otherwise known as Anti-Graft
and Corrupt Practices Act. The Evaluation and Preliminary
Investigation of the Office of the Ombudsman, however, found that
the civil case filed in the Regional Trial Court posed a prejudicial
question and that filing of the complaint in before the Ombudsman is
premature; the same also recommended its dismissal. The
Ombudsman approved the recommendation and denied the
petitioner’s motion for reconsideration. On the other hand, the motion
to dismiss the civil case in the trial court was dismissed. The case
was elevated to the CA which ordered the dismissal of which. This
Supreme Court, ordered the reinstatement of the case.
➡ There is a prejudicial question.
- The civil case against Lichauco on the other hand involves
three causes of action. The first, for injunction, seeks to enjoin
the award of orbital slot 153E, the DOTC having previously
assigned the same to PASI; the second, for declaration of
nullity of award, seeks to nullify the award given to the
undisclosed bidder for being beyond Lichaucos authority;
and the third, for damages arising from Lichaucos questioned
acts.
Persons and Family Relations
- If the award to the undisclosed bidder of orbital slot 153E is,
in the civil case, declared valid for being within Lichaucos
scope of authority to thus free her from liability for damages,
there would be no prohibited act to speak of nor would there
be basis for undue injury claimed to have been suffered by
petitioner. The finding by the Ombudsman of the existence of
a prejudicial question is thus well-taken.
- When, in the course of the actions taken by those to whom
the complaint is endorsed or forwarded, a prejudicial
question is found to be pending, Section 6, Rule 111 of the
Rules of Court should be applied in a suppletory character.
As laid down in Yap v. Paras, said rule directs that the
proceedings may only be suspended, not dismissed, and
that it may be made only upon petition, and not at the
instance of the judge alone or as in this case, the
investigating officer.
- To give imprimatur to the Ombudsman’s dismissal of
petitioners criminal complaint due to prejudicial question
would not only run counter to the provision of Section 6 of
Rule 111 of the Rules of Court. It would sanction the
extinguishment of criminal liability, if there be any, through
prescription under Article 89 vis a vis Articles 90 and 91 of
the Revised Penal Code.
 
Yap vs. Cabales
Jesse Yap and Bessie Yap are engaged in real estate business. The
petitioner bought several real properties from Evelyn Te and issued
several post dated checks. Evelyn Te had the checks rediscounted
by spouses Mirabueno and spouses Dimalanta. The first few checks
were good, however the latter ones bounced for reason that the
account had been closed — violation of BP 22. The petitioners filed
a civil action for collection of sum of money, damages and attorney’s
fee. Subsequently, the Office of the City Prosecutor of General
Santos City filed a case against petitioner for violating BP 22. The
issue in this case is whether or not the civil cases poses a prejudicial
question.
➡ A prejudicial question generally exists in a situation where a civil
action and a criminal action are both pending, and there exists in
the former an issue that must be preemptively resolved before the
latter may proceed, because howsoever the issue raised in the
civil action is resolved would be determinative juris et de jure of
the guilt or innocence of the accused in the criminal case. The
rational behind the principle of prejudicial question is to avoid
conflicting decisions. It has two essential elements: (1) the civil
action involves an issue similar or intimately related to the issue
raised in the criminal action; and (2) the resolution of such issue
determines whether or not the criminal action may proceed.
➡ The issue in the criminal cases is whether the petitioner is guilty of
violating BP 22, while in the civil case, it is whether the private
Page 30 of 38

respondents are entitled to collect from the petitioner the sum or
the values of the checks that they have rediscounted from Evelyn.
➡ The resolution of the issue raised in the civil action is not
determinative of the guilt or innocence of the accused in the
criminal cases against him, and there is no necessity that the civil
case be determined first before taking up the criminal cases
➡ In the aforementioned civil actions, even if petitioner is declared
not liable for the payment of the value of the checks and damages,
he cannot be adjudged free from the criminal liability for violation
of BP 22. The mere issuances of worthless checks with knowledge
of the insufficiency of funds to support the checks is in itself an
offense. It is clear that the determination of the issues involved in
the civil case for collection of sum of money and damages is
irrelevant to the guilt or innocence of the petitioner in the criminal
cases for violation of BP 22.
Dreamwork Construction Inc. vs. Janiola
The petitioner corporation instituted a criminal case against
respondent Janiola for issue a worthless check in payment for
services rendered by Dreamwork. The respondent filed a civil action
to rescind the contract between the respondent and the petitioner.
Subsequently, the respondent files a motion to suspend the
proceedings alleging that the civil case posed a prejudicial question
as against the criminal cases. The petitioner filed this case in the
Supreme Court after the RTC denied their petition assailing its
decision which granted the respondent’s Motion to Suspend
Proceedings.
➡ The civil action must precede the filing of the criminal action for a
prejudicial question to exist.
- SC used statutor y construction to har monize the
interpretation of Section 7 of Rule 111 of Rules of Court and
Article 36 of the Civil Code. It applied the principle that, “a
statute could be construed not only to be consistent with itself
but also to harmonize with other laws on the same subject
matter, as to form a complete, coherent and intelligible
system.”
- Section 7, Rule 111 of Rules of Court: The elements of a
prejudicial question are: (a) the previously instituted civil
action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action, and (b) the
resolution of such issue determines whether or not the
criminal action may proceed.
- In the instant case, the phrase, “previously instituted,” was
inserted to qualify the nature of the civil action involved in a
prejudicial question in relation to the criminal action. This
interpretation is further buttressed by the insertion of
“subsequent” directly before the term criminal action. There is
no other logical explanation for the amendments except to
qualify the relationship of the civil and criminal actions, that
the civil action must precede the criminal action.
Persons and Family Relations
IBR
- Art. 36 of the Civil Code and Sec. 7 of Rule 111 of the Rules
of Court are susceptible of an interpretation that would
harmonize both provisions of law. The phrase “previously
instituted civil action” in Sec. 7 of Rule 111 is plainly worded
and is not susceptible of alternative interpretations. The
clause “before any criminal prosecution may be instituted or
may proceed” in Art. 36 of the Civil Code may, however, be
interpreted to mean that the motion to suspend the criminal
action may be filed during the preliminary investigation with
the public prosecutor or court conducting the investigation,
or during the trial with the court hearing the case.
➡ The filing of the civil case was a ploy to delay the resolution of the
criminal cases.
- Petitioner filed the civil case 3 years after the institution of the
criminal charges against him. Apparently the civil action was
instituted as an afterthought to delay the proceedings in the
criminal cases.
➡ The civil case does not pose a prejudicial question
- The 2nd element required for the existence of a prejudicial
question is absent in the present case. Even if the trial court
in this case declares that the construction agreement
between the parties is void for lack of consideration, this
would not affect the prosecution of private respondent in the
criminal case. The fact of the matter is that private
respondent indeed issued checks which were subsequently
dishonored for insufficient funds. It is this fact that is subject
of prosecution under BP 22.
Pimentel vs. Pimentel
The issue in this case is whether the decision in the civil case for a
declaration of nullity of marriage due to psychological incapacity
poses a prejudicial question to the criminal case of parricide wherein
the relationship of the offender and the victim is a key element of
such crime.
➡ There is no prejudicial question. The civil case must be instituted
before the criminal case.
- According to Section 7, Rule 111 of the Rules of Criminal
Procedure, the civil action must be instituted first before the
filing of the criminal action. In this case, the civil case for
annulment was filed after the filing of the criminal case for
frustrated parricide. As such, the requirement of Section 7,
Rule 111 of the Revised Criminal Procedure was not met
since the civil action was filed subsequently to the filing of the
criminal action.
➡ Annulment of marriage is not a prejudicial question in criminal
case for parricide.
- The relationship between the offender and the victim is not
determinative of the guilt or innocence of the accused. The
issue in the civil case for annulment of marriage under Article
36 of the Family Code is whether the petitioner is
Persons and Family Relations
psychologically incapacitated to comply with the essential
marital obligations. The issue in parricide is whether the
accused killed the victim. In this case, since petitioner was
charged with frustrated parricide, the issue is whether he
performed all the acts of execution which would have killed
respondent as a consequence but which, nevertheless, did
not produce it by reason of causes independent of
petitioner’s will. Even if the marriage of the petitioner and
respondent is annulled, petitioner could still be held criminally
liable since at the time of the commission of the alleged
crime, he was still married to respondent.
- quoting Tenebro: a marriage, although void ab initio, may still
produce legal consequences. In fact, the Court declared in
that case that a declaration of the nullity of the 2nd marriage
on the ground of psychological incapacity is of absolutely no
moment in so far as the State’s penal laws are concerned.
Capili vs. People
The issue in this case is whether or not the subsequent declaration
of nullity of the second marriage is a ground for dismissal of the
criminal case of bigamy.
➡ The Court ruled that the crime of bigamy was already
consummated prior to the declaration of nullity. The outcome of the
civil case has no bearing on the determination of petitioner’s
innocence or guilt in the criminal case. Thus, under the law, a
marriage, even one which is void or voidable, shall be deemed
valid until declared otherwise in a judicial proceeding. In this case,
even if petitioner eventually obtained a declaration that his first
marriage was void ab initio, the point is, both the first and the
second marriage were subsisting before the first marriage was
annulled. All that is required for the charge of bigamy to prosper is
that the first marriage be subsisting at the time the second
marriage is contracted. Therefore, there is no prejudicial question.
People vs. Consing Jr.
Consing Jr. and his mother established themselves as lawful owners
of a lot in Imus, Cavite to buyers, Plus Builders Inc. PBI consequently
paid for the lot and only later did they know that the defendants did
not have a valid title over the land. The issue in this case is whether
or not the pendency of civil cases SCA1759 and 99-95381, for
Injunctive Relief and for Damages and Attachment, is a prejudicial
question of the proceedings in the criminal case of estafa through
falsification of public document, filed against the respondent.
A prejudicial question is defined as that which arises in a case, the
resolution of which is a logical antecedent of the issue involved
therein, and the cognizance of which pertains to another tribunal.
The prejudicial question must be determinative of the case before
the court but the jurisdiction to try and resolve the question must be
lodged in another court or tribunal. It is a question based on a fact
distinct and separate from the crime but so intimately connected
Page 31 of 38
 Persons and Family Relations
IBR

with it that it determines the guilt or innocence of the accused. For a TITLE I - CIVIL PERSONALITY
civil action to be considered prejudicial to a criminal case as to Article 37. Juridical capacity, which is the
cause the suspension of the criminal proceedings until the final Person, meaning: fitness to be the subject of legal relations, is
resolution of the civil action, the following requisites must be ‣ Persona - latin, refers to the mask which Roman actors
present: (1) the civil case involves facts intimately related to inherent in every natural person and is lost
wore on their stage plays.
those upon which the criminal prosecution would be based; (2)
‣ Juridical sense:
only through death. Capacity to act, which is
in the resolution of the issue or issues raised in the civil action, the power to do acts with legal effect, is
the guilt or innocence of the accused would necessarily be 1. natural person - refers to human beings; visible
determined; and (3) jurisdiction to try said question must be products of procreation acquired and may be lost.
lodged in another tribunal. 2. juridical person - refers to entities created by law or
➡ In the case at bar, we find no prejudicial question that would justify by a group or association of men for certain lawful
the suspension of the proceedings in the criminal case. The issue purposes; artificial persons are invisible products of
in Civil Case No. SCA 1759 for Injunctive Relief is whether or not legal fiction; exists only in contemplation of law Juridical Capacity Capacity to Act
respondent merely acted as an agent of his mother, Cecilia de la
Cruz; while in Civil Case No. 99-95381, for Damages and Personality, meaning: inherent in every human being acquired upon fulfillment of
Attachment, the question is whether respondent and his mother It is the embodiment of a collection of qualities in a (not in artificial persons) certain conditions or requisites
are liable to pay damages and to return the amount paid by PBI
person. It is the quality of being a person. fixed by law
for the purchase of the disputed lot. Even if respondent is declared
merely an agent of his mother in the transaction involving the sale ‣ Kinds of personalities which a person may pass
through: capacity to be the subject of capacity to do acts with binding
of the questioned lot, he cannot be adjudged free from criminal legal relations or legal effect
liability. An agent or any person may be held liable for conspiring 1. presumptive or provisional - while in the womb of
to falsify public documents. Hence, the determination of the issue the mother can exist without capacity to act cannot exist without juridical
involved in Civil Case No. SCA 1759 for Injunctive Relief is 2. actual personality - after becoming a person capacity
irrelevant to the guilt or innocence of the respondent in the criminal 3. artificial personality - after death
case for estafa through falsification of public document. lost only through death may be lost through grounds
➡ Likewise, the resolution of PBI’s right to be paid damages and the other than death
Status, meaning:
purchase price of the lot in question will not be determinative of It is the position of an individual in relation to another or
the culpability of the respondent in the criminal case for even if PBI unborn child can be the unborn child has no capacity
others; a state or condition of affairs; the standing of a subject of legal relations to act to enter into a contract;
is held entitled to the return of the purchase price plus damages, it
does not ipso facto follow that respondent should be held guilty of person before the law. provided it be born later to cannot actively do anything
estafa through falsification of public document. Stated differently, a It means state or condition; social position. It is the legal become a person, it has juridical
ruling of the court in the civil case that PBI should not be paid the relation of an individual to the rest of the community. The capacity
purchase price plus damages will not necessarily absolve rights, duties, capacities and incapacities which determine a
respondent of liability in the criminal case where his guilt may still person to a given class. a minor can be an heir, a minor cannot make a will until
be established under penal laws as determined by other devisee, legatee although he is he reaches the age of 18, no
‣ characteristics of status
evidence. a minor, for even as such, he capacity to act (Article 791 of
1. it cannot be subject of commerce
➡ Moreover, neither is there a prejudicial question if the civil and has juridical capacity the Civil Code)
2. it is imprescriptible
the criminal action can, according to law, proceed
3. it is not subject of compromise A persons capacity to act is
independently of each other. Under Rule 111, Section 3 of the
4. right to claim it cannot be renounced presumed if he had not been
Revised Rules on Criminal Procedure, in the cases provided in
5. rights arising from it cannot be exercised by previously declared
Articles 32, 33, 34 and 2176 of the Civil Code, the independent
creditors incapacitated and the
civil action may be brought by the offended party. It shall proceed
presumption continues until the
independently of the criminal action and shall require only a
contrary is proven.
preponderance of evidence. In no case, however, may the
offended party recover damages twice for the same act or
omission charged in the criminal action. Full Civil Capacity or “Plena Capacidad Civil” — A person is
_________________________________________________ CHAPTER ONE considered to have full capacity if he has both juridical
capacity and capacity to act.
BOOK I -PERSONS

Persons and Family Relations Page 32 of 38


Article 38. Minority, insanity, or imbecility, the
state of being deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity
to act, and do not exempt the incapacitated
person from certain obligations, as when the
latter arise from his acts or from property
relations.
Article 38 provides the restrictions of capacity to act
Article 39. 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, alienage, absence, insolvency and
trusteeship. The consequence of these
circumstances are governed in this Code,
other codes, the Rules of Court, and in special
laws. Capacity to act is not limited on account
of religious belief or political opinion.
A married woman, twenty-one years of
age or over, is qualified for all acts of civil life,
except in cases specified by law.
Article 39 also provides other restrictions
Minority
- a limitation on capacity to act but does not exempt the
minor from certain obligations arising from property
relations (Cruz vs. CA)
- instances of restrictions:
1. cannot enter into a valid contract of marriage
2. cannot adopt
3. cannot be witness to a will
4. cannot give consent to a contract
5. cannot act as an executor or administrator of an
Estate
6. cannot exercise the right of suffrage
Persons and Family Relations
IBR
- instances where minors are still liable despite their
minority
1. torts and quasi-delicts
2. liable for necessaries sold and delivered
3. bound in contracts entered into in his behalf with
judicial authorization
4. minor is estopped from disavowing his contract if
he misled the other party by pretending to be of
legal age
Insanity
- it is a manifestation, in language or conduct , of disease
or defect of the brain, or a more or less permanently
diseased or disordered condition of the mentality,
functional or organic, characterized by perversion,
inhibition, or disordered function of the sensory or of the
intellective faculties, or by impaired or disordered
volition.
- instances of restrictions:
1. cannot make a valid will or testament (Article 798
New Civil Code)
2. cannot validly give consent to contracts (Article
1327, par. 2 New Civil Code)
3. cannot act as an executor or administrator of an
Estate (Rule 78, Section 1, Revised Rules of
Court)
Imbecility
- it is a manifestation of mental deficiency or mental
retardation
- feeble mindedness
- different degrees of mental defect
1. idioc - idiots are persons with an IQ below 20 who
does not advance past a mental age of 3
2. imbecility - imbeciles are persons with an IQ
below 50
3. moronity - morons are persons with an IQ below
70
- every person is presumed to be of sound mind in the
absence of proof to the contrary (Article 800, New Civil
Code)
- no prescription
Deaf-Mutism
Persons and Family Relations
- a person who can neither hear nor speak, or is deaf and
dumb (although he may normal speech organs, the
subject cannot form sounds because he has never
heard
- prescription runs against him
- instances of restrictions:
1. cannot give consent to contracts if he does not
know how to read and write (Article 1327, par. 2.
New Civil Code)
2. cannot personally accept or repudiate inheritance
if he does not know how to read and write (Article
1048, New Civil Code) However, through his
guardian he can
3. cannot be made witness to a notarial will if he
does not know how to read and write (Article 820,
New Civil Code) although he can make a will
under the conditions set forth by law (Article 807,
New Civil Code)
4. cannot be naturalized (Orestoff vs. Government)
Prodigality
- is a squanderer of his money and property without
regard to the needs and future of his family which he is
bound to protect and support under the law
- Martinez vs. Martinez - The act of prodigality must show
a morbid and disposition to spend or waste his estate
so as to expose his family to want or to deprive his
forced heirs of their inheritances
- if he is placed under guardianship, he may only act
through his guardian; otherwise, he can do whatever he
wants
- Yangco vs. CFI - He must be duly notified of any
guardianship proceedings concerning him. Otherwise,
proceedings will be void for lack of due process.
Civil Interdiction
- this is a mandatory accessory penalty deemed imposed
whenever the sentence rendered is within the range of
reclusion temporal to death,if the latter is not executed
by reason of commutation or pardon (Articles 40 and 41
of the Revised Penal Code
- instances of restrictions:
1. the convict during the time of sentence is
deprived of the following rights
Page 33 of 38

a. parental authority or guardianship over the
person or property of his children or ward
b. marital rights or authority
c. management of his property
d. disposition of his property by act or
conveyance inter vivos
2. the offender cannot enter a marriage settlement,
without the assistance of a competent guardian
appointed by the court (Article 79, Family Code)
______________________________________________________
CHAPTER 2 - NATURAL PERSONS
Article 40. 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 conditions
specified in the following article.
Conception, meaning:
It is the beginning of pregnancy. The fecundation of the
female ovum by the male spermatozoon resulting in human
life capable of survival and maturation under normal
conditions.
Unborn child
- presumed personality will be perfected only if the foetus is
born alive; if not, it will not attain the status of a person at
any moment
- adds further that “provided that it be born later with
the presumption of personality is only for purposes
favorable to the foetus; if it is unfavorable, the child, even if
born alive, is not bound for acts done without its consent
- delivered from the mother’s womb). This proviso,
De Jesus vs. Syquia - A conceived, unborn child is entitled
to inherit by will or by intestacy (Article 1025, New Civil
Code); it can be a recipient of donations that are not
burdensome; and its filiation can be recognized by its
parents even before its birth.
- Geluz vs. CA - A foetus which was aborted by a doctor is
not a person under the law and the doctor may be held
liable for moral damages and exemplary damages
suffered by the parents, but not for actual damages for the
death of the foetus under Article 2206 of the Civil Code.
Persons and Family Relations
IBR
Award for death of a person under Article 2206 does not injury to another in a manner that is contrary to morals,
cover an unborn foetus. good customs or public policy shall compensate the latter
for the damage.
Quimiguing vs. Icao ➡ This, independently of the right to Support of the child she
Felix Icao forced Carmen Quimiguing to have sexual was carrying, plaintiff herself had a cause of action for
relations with him. As a result, Carmen got pregnant and damages under the terms of the complaint.
gave birth to a baby girl. The respondent claimed that the
unborn baby had not been born therefore not entitled to
support.
➡ A conceived child, although as yet unborn, is given by law
Article 41. For civil purposes, the foetus is
a provisional personality of its own for all purposes
favorable to it, as explicitly provided in Article 40 of the considered born if it is alive at the time it is
Civil Code of the Philippines. completely delivered from the mother’s womb.
- The unborn child, therefore, has a right to support However, if the foetus had an intra-uterine life
from its progenitors, particularly of the defendant- of less than seven months, it is not deemed
appellee (whose paternity is deemed admitted for the
born if it dies within twenty-four hours after its
purpose of the motion to dismiss),
- even if the said child is only just a conceived child,
complete delivery from the maternal womb.
even if as yet unborn, may receive donations as
prescribed by 742 of the Civil Code: Donations made
to conceived and unborn children may be accepted Civil Personality of a child
by those persons who would legally represent them if - shall commence from the time of conception, for all
they were already born. purposes favorable to him, subject to requirements of
Article 41, Civil Code (Article 5, P.D. 603 “The Child and
- The lower court’s theory that Article 291 of the Civil
Youth Welfare Code”)
Code declaring that support is an obligation of
parents and illegitimate children “does not
Burden of proof
contemplate support to children as yet unborn,”
Tolentino: Since the law makes it a condition that the child be
violates Article 40 of the Civil Code, besides,
imposing a condition that nowhere appears in the text alive when separated from the mother’s womb before it could
be considered a person, the burden of proof rests on the one
of Article 291.
- Article 40 prescribes that “the conceived child shall who alleges that the child was alive when born
be considered born for all purposes favorable to it”
If newborn child is dead - presumption is the child was born
dead; he who alleges otherwise has the burden of proof
the conditions specified in the following article” (i.e.,
that the foetus be alive at the time it is completely
Continental Steel Manufacturing Corporation vs.
Montano
however, is not a condition precedent to the right of
Hortillano, an employee of Continental Steel requested a
the conceived child; for if it were, the first part of
claim for (1) paternity leave, (2) bereavement leave, and (3)
Article 40 would become entirely useless and
death and accident insurance for his unborn child who died
ineffective.
in the maternal womb in the 38th week of pregnancy.
➡ For a married man to force a woman not his wife to have
sexual relations with him constitutes a clear violation of the Continental Steel granted his claim for paternity leave but
denied his claims for bereavement leave and the death &
rights of his victim that entitles her to claim compensation
accident insurance.
for the damage caused. This is pursuant to Article 21
which provides “any person who wilfully causes loss or
Persons and Family Relations Page 34 of 38

Atty. Montano identified the elements for bereavement
leave under their Collective Bargaining Agreement: (1)
death, (2) death must be of dependent (3) legitimacy of the
dependent. The elements for the death and accident
insurance are: (1) death, (2) death must be of a dependent,
(3) presentation of death certificate. Respondent contended
that only one with civil personality could die. Hence, the
unborn child never died because it never acquired juridical
personality and that the fetus was dead from the moment of
delivery was not a person at all. Thus the term “dependent”
could not be applied to a fetus that never acquired juridical
personality. A fetus was delivered dead could not be
considered a dependent, since it never needed any support,
nor did it ever acquire the right to be supported.
The issue is whether Hortillano is entitled to the aforestated
benefits.
➡The reliance of Continental Steel on Articles 40, 41 and 42
of the Civil Code for the legal definition of death is
misplaced. Article 40 provides that a conceived child
acquires personality only when it is born. Article 41 defines
when a child is considered born. Article 42 plainly states
that civil personality is extinguished by death
- The issue of civil personality is not relevant herein.
Articles 40, 41 and 42 of the Civil Code must be
applied in relation to Article 37 of the Civil Code.
We not need to establish the civil personality of the
unborn child herein since his/her juridical capacity
to act as a person are not in issue. It is not a
question before us whether the unborn child
acquired any rights or incurred any obligations
prior to his/her death that were passed on to or
assumed by the child’s parents. The rights to
bereavement leave and other death benefits in the
instant case pertain directly to the parents of the
unborn child upon the latters death.
- Sections 40, 41, and 42 of the Civil Code do not
provide at all a definition of death. The Civil Code
does not explicitly state that only those who have
acquired juridical personality could die.
➡Hortillano was able to satisfy all the elements of the CBA
- Death has ben defined as the cessation of life. Life
is not synonymous with civil personality. One need
not acquire civil personality first before he/she
could die. Even a child inside the womb already
has life. No less than the Constitution recognizes
Persons and Family Relations
IBR
the life of the unborn from conception, that the
State must protect equally with the life of the
mother. If the unborn, already has life, then the
cessation thereof even prior to the child being
delivered, qualifies as death.
- The child can also be considered as a dependent
under the CBA. Congruently, a dependent is
someone who relies on another for support, an
unborn child is also dependent of its parents.
- Moreover, the unborn child was also a legitimate
child of Hortillano and his wife.
- Hortillano was also able to submit the death
certificate of his child.
➡ Hortillano is entitled to bereavement leave pay and other
benefits.
Article 42. 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.
Article 42 speaks of physical death and not civil death
Instances of effects of death:
1. death dissolves a marriage
2. successional rights are transmitted from the moment of
death of the decedent (Articles 776 and 777 of the New
Civil Code)
3. death of a parent permanently terminates parental
authority (Article 228, paragraph 1, Family Code)
4. death of a partner dissolves a partnership (Article 1830,
paragraph 5, New Civil Code)
5. death of a spouse terminates community or conjugal
partnership of gains (Article 99 and 130 of the Family
Code)
6. death of a principal or agent terminates a contract of
agency (Article 1919, paragraph 3, New Civil Code)
7. death terminates criminal liability (People vs. Tirol)
8. a summons and complaint addressed to a dead person
and decision rendered thereafter is void because
summons could not be validly served on him (Dumlao vs.
Quality Plastics Products, Inc.)
Persons and Family Relations
Status of Estate of a Deceased Person
- estate of a deceased person is considered as a continuity
of the personality of the deceased; it can sue or be sued
- Bilings vs. State Ind. - As the estate of a decedent is in law
regarded as a person, a forgery committed after the
death of the man whose name purports to have been
signed on the forged instrument may be prosecuted as
with the intent to defraud the estate.
- Estate of Mota vs. Concepcion - The estate of a person
has a personality distinct and independent of the heirs.
- Rights and obligations which survive after death have to
be exercised and fulfilled only by the estate of the
deceased.
Article 43. If there is a doubt, as between two
or more persons who are called to succeed
each other, as to which of them died first,
whoever alleges 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 shall be no transmission of rights from
one to the other.
For Article 43 to apply:
1. The parties are heirs to one another (father and a son)
2. There is no proof that one died ahead of the other
(airplane crash)
Rule 131, Section 3 of Revised Rules of Court will apply if
the parties who died are not called to succeed to each
other.
Section 3. Disputable presumptions. — The following
presumptions are satisfactory if uncontradicted, but
may be contradicted and overcome by other evidence:
(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
Page 35 of 38

from the probabilities resulting from the 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;
_______________________________________________
CHAPTER 3 - JURIDICAL PERSONS
Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and
entities for public interest or purpose,
created by law; their personality begins
as soon as they have been constituted
according to law;
(3) C o r p o r a t i o n s , p a r t n e r s h i p s a n d
associations for private interest or
purpose to which the law grants a
juridical personality, separate and
distinct from that of each shareholder,
partner or member.
_______________________________________________
Persons and Family Relations
IBR
Article 45. Juridical persons mentioned in Nos.
1 and 2 of the preceding article are governed
by the laws creating and recognizing them.
Private corporations are regulated by
laws of general application on the subject.
Partnerships and associations for
private interest or purpose are governed by
the provisions of this Code concerning
partnerships.
Article 46. Juridical persons may acquire and
possess 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.
Article 47. 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.
Persons and Family Relations
TITLE II - CITIZENSHIP AND DOMICILE
(skipped citizenship)
Citizenship, concept:
Citizenship is the persons’s status or character of
being a citizen of a given state or country to which he
owes permanent allegiance and is entitled to its
protection. It is a political reference to a person
Nationality, concept:
Nationality and Citizenship have the same meaning in
civil and private international law. Nationality is a reference
to his racial or ethnic background.
Kinds of Filipino Citizens:
1. Natural born Filipino citizen
‣ native born Filipino who is born in the Philippines;
may be born in a foreign country of Filipino parents
2. Naturalized Filipino citizen
‣ one who became a Filipino through judicial
proceedings in accordance with the Naturalization
Law
3. Filipino citizen by election
‣ after reaching 18 years of age, has elected or has
chosen Filipino citizenship
4. Filipino citizen by legislative act
‣ one who becomes a Filipino citizen by virtue of a
legislative act exemplified by the aliens accorded
Philippine citizenship by the late President Marcos
through presidential decrees. Congress may also
by law directly accord Philippine citizenship to an
alien.
5. Filipino citizen by marriage
‣ is a foreign woman married to a Filipino, and who
has all the qualifications and non of the
disqualifications for Philippine citizenship. Same
rule applies to a foreign woman married to a
foreigner who becomes a naturalized Filipino. This
kind of situation can arise through a treaty.
(Revised Naturalization Law; Moy Ya Lim Yao vs.
Comm. of Immigration)
- The alien woman must first prove that she is not
disqualified to become a Filipino citizen. She
must file a petition for the cancellation of her
Page 36 of 38

alien certificate of registration with the
Commission on Immigration and Deportation.
Jus Sanguinis - where citizenship is conferred by virtue
of blood relationship traceable to the father or mother
Jus Soli - where citizenship is conferred by virtue of the
place of birth.
Stateless Persons, definition:
Is one who is without a country to which he owes
permanent allegiance and from which he is entitled to
protection. Can happen when:
1. When a person may have been born in a country
which recognizes only the principle of jus
sanguinis, of parents whose law recognizes only
the principle of jus soli. As a result, he is neither a
citizen of the country where he was born, not a
citizen of the country of his parents.
2. When a person is deprived of his citizenship
because of tumultuous political events in his
country, like the loss of citizenship of Russian
emigrants due to a Soviet decree.
3. When a person had renounced his nationality
without acquiring any one.
4. When a person is deprived of his citizenship by
the law of his country for committing certain acts
like serious crimes.
Personal Law of Stateless Persons (adopted by the
Hague Conference on International Law)
Their civil status and legal capacity shall be determined:
1. By the law of domicile (habitual residence);
2. If none, by the law of the place of his temporary
residence;
Persons and Family Relations
IBR
Article 50. For the exercise of civil rights and
the fulfillment of civil obligations, the domicile
of natural persons is the place of their habitual
residence.
Domicile, meaning:
It means “permanent home, the place to which,
whenever absent for business or pleasure, one intends to
return and depends on facts and circumstances in the sense
that they disclose intent” (Ong Huan Tin vs. Republic)
It denotes a fixed permanent residence to which, when
absent, one has the intention of returning. (Saludo, Jr. vs.
American Express International, Inc.)
Residence, meaning:
It means the place of abode whether permanent or
temporary.
Two Requisites of Domicile
1. The fact of residing or personal presence in a particular
place
2. The intention to remain in said place permanently
(animus menendi)
For the exercise of civil rights and fulfillment of civil
obligations: the domicile of natural persons is the place
where they habitually reside.
For political purposes:
‘residence’ - imports not only intention to reside in a fixed
place, but also personal presence in the place, coupled
with conduct indicative of such intention. (Nuval vs. Guray)
The presumption that the wife automatically gains the
husband’s domicile by operation of law upon marriage
cannot be inferred from the use of the term “residence” in
Article 110 of the Civil Code because the Civil Code is one
area where the two concepts are well delineated…But
assuming that Mr. Marcos had fixed any of these places
as the conjugal residence, what petitioner gained upon
marriage was actual residence. She did not lose her
domicile of origin. (Romualdez-Marcos vs. Commission on
Elections)
Persons and Family Relations
To successfully effect a change in domicile, one must
demonstrate:
1. An actual removal or an actual change of domicile;
2. A bona fide intention of abandoning the former place of
residence and establishing a new one; and
3. Acts which correspond with the purpose
To acquire a new domicile, the following requisites must
concur:
1. residence or bodily presence in the new locality;
2. an intention to remain there (animus manendi); and
3. an intention to abandon the old domicile (animus non
revertendi)
San Luis vs. San Luis
This case involves the settlement of the estate of
former Governor of Laguna who contracted 3 marriages in
his life:
1. Virginia Sulit - died; 6 children
2. Merry Lee Corwin - American citizen, filed for
divorce, 1 son; absolute divorce procured Dec. 14,
1973
3. Felicidad San Luis - June 20, 1974, no children
The Court holds that the petition for letters of
administration of the estate of Felicisimo should be filed in
the RTC of the province “in which he resides at the time of
his death.” In civil cases, residence is synonymous to
domicile: “his personal, actual or physical habitation, or
actual residence or place of abode, which may not
necessarily be his legal residence or domicile provided he
resides therein with continuity and consistency. Hence it is
possible that a person may have his residence in one place
and domicile in another.”
The Court remanded the case to the RTC to resolve the
issue of Felicidad's legal personality to file the petition for
letters of administration. Moreover, the court held that the
RTC need not apply retroactivity of Article 26 of the Family
Code, considering that there is sufficient jurisprudential
basis allowing us to rule in the affirmative
Romualdez-Marcos vs. COMELEC
In election cases, the term "residence" has always been
considered as synonymous with "domicile" which imports not
Page 37 of 38

only the intention to reside in a fixed place but also personal
presence in-that place, coupled with conduct indicative of
such intention. Domicile denotes a fixed permanent
residence to which when absent for business or pleasure, or
for like reasons, one intends to return. (Perfecto Faypon vs.
Eliseo Quirino, 96 Phil 294; Romualdez vs. RTC-Tacloban,
226 SCRA 408). In respondent's case, when she returned to
the Philippines in 1991, the residence she chose was not
Tacloban but San Juan, Metro Manila. Thus, her animus
revertendi is pointed to Metro Manila and not Tacloban.
Persons and Family Relations
IBR
Article 51. When the law creating or
recognizing them, or any other provision does
not fix the domicile of juridical persons, the
same shall be understood to be the place
where their legal representation is established
or where they exercise their principal
functions.
Persons and Family Relations Page 38 of 38