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Family Law gddayao

Art 14. Penal laws and those of public security and - Status – personal qualities and relations
safety shall be obligatory upon those who live or - Private international law- stresses the
sojourn in Philippine territory, subject to the principle of nationality
principles of public international law and to treaty - Filipinos have their own national laws.
stipulations. - Foreigners have their duo national law.
Theory of territoriality and generality – any offense - Capacity to enter into ordinary contract –
committed within our territory offends the state. governed by national law of person
- Whether citizen or alien – they can be - Code of Commerce – foreigners and
punished for committing a crime here. companies created abroad may engage in
Exemptions: commerce in the PH subject to the laws of
1. Principles of public international law their country with respect to their capacity to
2. Presence of treaty stipulations contract
* heads of state are granted diplomatic Capacity to enter in other relations:
immunity 1. Capacity to acquire, encumber, assign, donate,
*if travelling incognito, no diplomatic or sell property depends on the law of the
immunity. place.
Constitutionality of the military bases agreement – 2. Capacity to inherit depends on the law of the
jurisdiction certain offenses may be waived or given decedent.
by a law or treaty 3. Capacity to get married depends on the law of
Art. 14 talks about the applicability penal laws: the place where the marriage was entered into.
- Penal laws – defines crimes and treats of their  Moral turpitude – morals are distorted 
penalty punishable by death
- Estafa- swindling  Legal capacity, conditions, etc. – follows you
- Theft- intend to gain ownership over property everywhere you go.
- Robbery- with intimidation or force  Foreign citizens are not applicable to Art. 15.
- Revised Penal Code – mannum inse / mala inse
– crimes are naturally evil in nature. Examples: Art. 16. Real property as well as personal property
murder, theft, adultery, concubinage, swindling is subject to the law of the country where it is
- Mala prohibita / Mallum prohibitum – prohibited stipulated.
acts because of the law. Examples: illegal However, intestate and testamentary successions,
possession of firearms. both with respect to the order of succession and to
- PD 1602 – prescribing stiffer penalties on illegal the amount of successional rights and to the
gambling. The Gov’t can regulate it. intrinsic validity of testamentary provisions, shall
- Only in crimes mala inse are complex  resulted be regulated by the national law of the person
to 2 crimes or more whose succession is under consideration, whatever
- BP 22 – Anti-Bouncing checks – it frustrates may be the nature of the property and regardless
commerce that’s why you punish bouncing of the country wherein said property may be
checks. found.
- Sojourn – only for a temporary time. Penal laws Lex rei sitae
will apply to these foreigners. - the law where the property is situated.
Art. 15. Laws relating to family rights and duties - Shares of stock of a foreigner, even if personal
or to the status, condition and legal capacity of property can be taxed so long as the property
persons are binding upon citizens of the od located in the country.
Philippines, even though living abroad.
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Family Law gddayao
- Bank deposits in PH, even if owned by - Executor – the one who distributed the property of
foreigner, may be subject to attachment the deceased (testator). His name will be stated on
proceedings. the will.
- Dividends from shares in a corporation - Administrator – the testament does name any
situated in the PH may have taxes imposed executor; the court will decide who will be the
Exemptions: successional rights because the national administrator  intestate
law of the deceased is followed.
 Renvoi problem – referring back when there is
doubt in the law (you only refer ONCE)
 Real property is immovable property. It
becomes real property when you intend it to
become part of your property.
- Citizen through naturalization or natural born
– a person whose born in that state  follow
jus sanguinis. - If voluntary, can you repudiate? YES, the
- Domicile – always have the intention to go donation will only be effective when it is accepted.
back to your place.  repudiation of inheritance.
- Residence – place you stay for the time being. - Prepetition – heir was not included in the will;
- National law: all will apply. “all” means omitted
everything. - Disinheritance – not included heir in will with
General rule: The accessory follows the principal reason.
Exemption: National law whose succession is under - Probate of will – looking of the intrinsic validity
consideration. of will
- Subject matter is the owner of the property Order of Succession:
(par. 2)
- In cases of wills and testaments, we follow the - Always go back to the common ancestor.
national law of the person. - C to D? 4th civil degree of consanguinity
Terminologies: - C to E (spouse of D)? 4th civil degree of affinity.
- Intestate – person who died without a will. If husband dies:
- Will – last will and testament; document left - Who will inherit? Wife and children.
behind (art. 804) - Intestate? Wife and children by law.
- Succession – those who are called to inherit What about C? No, he can’t inherit because of the
- Inheritance – bulk of promises held behind by order of succession.
decedent/deceased. If Husband dies, what will be the AMOUNT of
- Testate – died with will. There will be a testator successional rights? Example: Php 10 B.
(m) or a testatrix (f) Under the law:
- 2 kinds of heirs: - 50%: Wife
o Compulsory – called to succeed by virtue - 50%: Wife, A, & B
of law What if A dies and has a spouse, G?
o Voluntary – by mere liberality on the part - Order of succession  C & G will inherit. Parents
of the deceased. are excluded. If there is no wife and children 
- Devise – you give real property parents will inherit.
- Bequeath – you give personal property
Art. 17. The forms and solemnities of contracts,
wills, and other public instruments shall be
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Family Law gddayao
governed by the laws of the country in which they - Common laws were decisions made by judges
are executed. whose decisions were based on prior judgements
When the acts referred to are executed before the and also based on culture, morality, etc.
diplomatic or consular officials of the Republic of Where did we get the civil code? From Civil code of
the Philippines in a foreign country, the Spain.
solemnities established by Philippine laws shall be - Civil Code took effect in August 30, 1950.
observed in their execution. - Our civil laws are strong in catholic faith.
Prohibitive laws concerning persons, their acts or - Germany, Italy, Japan and Spain were civil law
property, and those which have, for their object, countries and were pushers of catholic faith.
public order, public policy and good customs shall - To present some basic principles that are to be
not be rendered ineffective by laws or judgments obscured for the rightful relationship between
promulgated, or by determinations or conventions human beings and the stability of the social order.
agreed upon in a foreign country. Stress of the article:
Lex loci Celebrationis 1. Acting with justice
- The law of the place where the deals are 2. Giving everyone his due
solemnized or executed. 3. Observance of honesty and good faith.
Wills - Rights must never be abused.
1. Notarial – executed in front of an attorney A right maybe but when a right is exercised in a
2. Holographic – dated, wrote it with own manner which does not conform with the norms of art.
penmanship  forms and solemnities of will. 19 of the CC and results in damage to another, a legal
- Legitime – the property that will go to a specific wrong is thereby committed for which the wrongdoer
heir. must be held responsible.
Rule of Exterritoriality – the act of being done - Honesty – careful regard of other’s right and
within an extension of Philippine territory (still property
executed before Philippine diplomatic and consular - Good faith – honest intention to avoid taking
affairs. undue advantage of another.
- Exemptions: a foreign law, contract, or judgement - Bad faith – imparts a dishonest purpose or some
can be given effect. moral obliquity and conscious doing of wrong.
- Rationale: public policy of the PH prohibits the
Intrinsic validity of contracts Art. 37. Juridical capacity, which is the fitness to
- Consider the lex loci voluntatis (the law of the be the subject of legal relations, is inherent in every
place voluntarily selected) or the lex loci natural person and is lost only through death.
intentionis (the law of the place intended by the Capacity to act, which is the power to do acts with
parties of the contract).  rationale of the first legal effect, is acquired and may be lost.
paragraph. 2 concepts:
1. Legal capacity – capacity to do acts with legal
Art. 19. Every person must, in the exercise of his effect.
rights and in the performance of his duties, act 2. Juridical capacity – natural person can be the
with justice, give everyone his due, and observe fitness to be subject of legal relations.
honesty and good faith. o You cannot sell a baby because mankind is
It is the very ideal set-up on how we deal our not subject to human commerce.
fellowmen. - Once you are born, you obtain juridical capacity.
- Civil laws and common law are written Capacity to act –the power to do acts with legal
(generally) effect. May be acquired and may be lost.
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o Minor has no legal capacity. He may be - To provide easement: right to pass through
doing things with no legal effect. - Lease – temporary use
o Imprisonment can restrict your capacity to - Mere restrictions on capacity to act.
act. Art. 39. The following circumstances, among
Example: you were a minor and entered into contract others, modify or limit capacity to act: age,
of marriage.  the marriage is not valid because you insanity, imbecility, the state of being a deaf-mute,
are not of legal age which is 18 years of age. penalty, prodigality, family relations, alienage,
- Family code took effect on August 3, 1988. absence, insolvency and trusteeship. The
- RA 6809 – law established the age of Majority. 18 consequences of these circumstances are governed
because you can be part of the majority, be a part in this Code, other codes, the Rules of Court, and
of history e.g. vote. in special laws. Capacity to act is not limited on
account of religious belief or political opinion.
Art. 38. Minority, insanity or imbecility, the state A married woman, twenty-one years of age or
of being a deaf-mute, prodigality and civil over, is qualified for all acts of civil life, except in
interdiction are mere restrictions on capacity to cases specified by law.
act, and do not exempt the incapacitated person - Age – even if you’re 36 but thinks like a 14-year-
from certain obligations, as when the latter arise old, it will limit your capacity to act.
from his acts or from property relations, such as - Insanity – you cannot think correctly.
easements. o McNaughton Rule – even if you know the
- Remember art 26 of FC crime you are committing, are you aware
Restrictions on capacity to act. that it is prohibited?
1. Minority – one does not yet understand the o Stalking due to obsession
consequences of marriage. - We have a punitive system.
- He needs parental consent before he can - Penalty
enter into an ordinary contract. - Family relations – if you are already married, you
- Without consent – contract is voidable cannot marry again
2. Insanity or imbecility – a condition of a person - Alienage – you cannot vote
who is mentally deranged. - Absence – you cannot perform duties. You
- If under guardianship – he is insane normally issue a special power of attorney
3. State of being deaf-mute – cannot hear, cannot - Insolvency – person has properties, but if the
speak. obligations are due, you do not have the money to
- You will not be able to hear or follow pay for the debts.
instructions - Bankruptcy – no clothes on my back, not a penny
4. Prodigality – person who squandered his money in my pocket
5. Civil interdiction – restrictions on capacity to act - Trusteeship – you are entrusted of a property, your
does not extinguish capacity to act. Thus, insane capacity to act is limited
person’s contract is merely voidable but not void.
- Incapacitated person is not exempt from Art. 40. Birth determines personality; but the
certain obligations arising from his acts. conceived child shall be considered born for all
- Example: Crime  cannot exercise parental purposes that are favorable to it, provided it be
authority. born later with the conditions specified in the
Easements – act of liberty following article.
- Would usually attach real property Birth – determines personality
- Ease of light and view and air – should always Persons:
have a setback – 5 meters away 1. Natural – human beings
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2. Juridical – artificial beings created by law; Art. 43. If there is a doubt, as between two or more
created by legal fiction persons who are called to succeed each other, as to
- The law recognizes their existence which of them died first, whoever alleges the death
- Intrauterine life of 9 months – should be born alive of one prior to the other, shall prove the same; in
o If not alive – no personality the absence of proof, it is presumed that they died
- Child is born in favor of birth at the same time and there shall be no transmission
of rights from one to the other.
Art. 41. For civil purposes, the fetus is considered - Proof of death through evidence
born if it is alive at the time it is completely
delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven Art. 44. The following are juridical persons:
months, it is not deemed born if it dies within (1) The State and its political subdivisions;
twenty-four hours after its complete delivery from (2) Other corporations, institutions and entities for
the maternal womb. public interest or purpose, created by law; their
For civil purposes  the fetus is considered born if it personality begins as soon as they have been
is alive at the time it is completely delivered from the constituted according to law;
mother’s womb. (3) Corporations, partnerships and associations
- The certificate of live birth for private interest or purpose to which the law
- If not recorded – estimated time the child was grants a juridical personality, separate and
born distinct from that of each shareholder, partner or
- If not alive  death certificate member.
Intrauterine life of less than 7 months – completely Juridical person – recognition if law or legislative fiat
delivered and must be alive for 24 hours Corporation – has a life span of 50 years  will cease
Complete delivery  cutting of umbilical cord  will wrap up and through dissolution
Why 24 hours? Why there is a clock? - Own juridical personality separate and distinct
- To keep track of time of the birth of the baby. vis-à-vis from shareholders
If premature, it should be alive for 24 hours. - At least 5 members – simply run the affairs
- Example: 11:50 p.m. Mon to 11:50 p.m. Tues (articles of incorporation)
- To monitor the vitals of the mother and the Exceptions:
baby. 1. If members commit acts ultra vires, the veil of
Why is 24 hours important? For the purposes of corporate fiction may be pierced.
succession: - Corporations have a primary purpose (main
- Fetus died after 23 hours = no donation business) and secondary purpose
- Less than 7 months, died after 24 hours = Example: Primary – Logistics; Secondary – Banking
donation Question: Is this acceptable?
NO because the purposes showed must be related to
Art. 42. Civil personality is extinguished by death. each other. They acted ultra vires.
The effect of death upon the rights and obligations 2. Acted unlawfully, shareholder may pierce the veil
of the deceased is determined by law, by contract of corporate fiction
and by will. Example: Unauthorized sale of shares.
- Civil personality is extinguished by death - Aliquot share – shareholder has aliquot ownership
- After the death, the property is valid estate. over the corporation – undivided stock shares.
- The court cannot acquire jurisdiction over the
dead because death extinguishes personality.

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Art. 45. Juridical persons mentioned in Nos. 1 and
2 of the preceding article are governed by the laws
creating or 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. (36 and 37a)
Art. 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. (38a)
Art. 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.
Stock Corporation Non-stock
1. Board of Directors 1. Board of Trustees
2. Profit 2. non-profit
3. Ownership defined 3. Ownership by
by number of shares membership
4. Shareholder/stock 4. Members
5. Called 5. Called “Associations”

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