Civil interdiction:

Art. 31 - Effect of the penalties of perpetual or temporary special disqualification. — The

penalties of perpetual or temporal special disqualification for public office, profession or calling
shall produce the following effects:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or during
the term of the sentence according to the extent of such disqualification.

Art. 31 - Effect of the penalties of perpetual or temporary special disqualification. — The

penalties of perpetual or temporal special disqualification for public office, profession or calling
shall produce the following effects:

1. The deprivation of the office, employment, profession or calling affected;

2. The disqualification for holding similar offices or employments either perpetually or during
the term of the sentence according to the extent of such disqualification.

Art. 41 - Reclusion perpetua and reclusion temporal; Their accessory penalties. — The
penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil
interdiction for life or during the period of the sentence as the case may be, and that of
perpetual absolute disqualification which the offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have been expressly remitted in the pardon.
JALOSJOS VS COMELEC:

 Jalos jos was running for his third term together with cardino, cardino filed case
 “He was charged with robbery and sentenced to prision mayor by final decision”
 Prision mayor = Perpetual special disqualification
 Comelec jurisdiction for disqual doesn’t go beyond sec 68 of omnibus election
code.
 False material representation arising from a crime penalized by prision mayor
petitioner can choose to anchor their petition on Section 12 or Section 78 of the
Omnibus Election Code, or on Section 40 of the Local Government Code.
 The Resolutions dated 10 May 2010 and 11 August 2010 of the COMELEC First
Division and the COMELEC En Bane, respectively, in SPA No. 09-076 (DC), are
AFFIRMED with the MODIFICATION that Agapito J. Cardino ran unopposed in
the May 2010 elections
Sec. 40. Disqualifications. - The following Sec. 78. Petition to deny due course to or cancel a certificate of
persons are disqualified from running for candidacy. - A verified petition seeking to deny due course or to
any elective local position: cancel a certificate of candidacy may be filed by the person
exclusively on the ground that any material representation
(a) Those sentenced by final judgment for contained therein as required under Section 74 hereof is false. The
an offense involving moral turpitude or for petition may be filed at any time not later than twenty-five days
an offense punishable by one (1) year or from the time of the filing of the certificate of candidacy and shall
more of imprisonment, within two (2) years be decided, after due notice and hearing, not later than fifteen
after serving sentence; days before the election

(b) Those removed from office as a result of

an administrative case;
(c) Those convicted by final judgment for
violating the oath of allegiance to the
Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-
political cases here or abroad;
Sec. 12. Disqualifications. — Any person who has been declared
by competent authority insane or incompetent, or has been
sentenced by final judgment for subversion, insurrection, rebellion
or for any offense for which he was sentenced to a penalty of
more than eighteen months or for a crime involving moral
turpitude, shall be disqualified to be a candidate and to hold any
office, unless he has been given plenary pardon or granted
amnesty.

(f) Permanent residents in a foreign country Art. 27. Reclusion perpetua. — x x x

or those who have acquired the right to
reside abroad and continue to avail of the
same right after the effectivity of this Code;
and
(g) The insane or feeble-minded.
Prisión mayor and temporary disqualification. — The duration of
the penalties of prisión mayor and temporary disqualification shall
be from six years and one day to twelve years, except when the
penalty of disqualification is imposed as an accessory penalty, in
which case, it shall be that of the principal penalty.

Art. 32. Effects of the penalties of
perpetual or temporary special
disqualification for the exercise of the right
of suffrage. — The perpetual or temporary
special disqualification for the exercise of
the right of suffrage shall deprive the
offender perpetually or during the term of
the sentence, according to the nature of
said penalty, of the right to vote in any
popular election for any public office or to
be elected to such office. Moreover, the
offender shall not be permitted to hold any
public office during the period of his
disqualification.
Art. 42. Prisión mayor — its accessory penalties. — The penalty of
prisión mayor shall carry with it that of temporary absolute
disqualification and that of perpetual special disqualification from
the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon. (Emphasis supplied)
Sec. 68. Disqualifications. - Any candidate who, in an action or
protest in which he is a party is declared by final decision of a
competent court guilty of, or found by the Commission of having
(a) given money or other material consideration to influence,
induce or corrupt the voters or public officials performing
electoral functions; (b) committed acts of terrorism to enhance his
candidacy; (c) spent in his election campaign an amount in excess
of that allowed by this Code; (d) solicited, received or made any
contribution prohibited under Sections 89, 95, 96, 97 and 104; or
(e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d,
e, k, v, and cc, subparagraph 6, shall be disqualified from
continuing as a candidate, or if he has been elected, from holding
the office. Any person who is a permanent resident of or an
immigrant to a foreign country shall not be qualified to run for any
elective office under this Code, unless said person has waived his
status as permanent resident or immigrant of a foreign country in
accordance with the residence requirement provided for in the
election laws.
FAMILY RELATIONS:

Art. 150 - Family relations include those:

 Between husband and wife;

 Between parents and children;
 Among brothers and sisters, whether of the full or half-blood. (217a)

Art. 151 - No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.

This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.
(222a)

Art. 1490 - The husband and the wife cannot sell property to each other, except:

 When a separation of property was agreed upon in the marriage settlements; or

 When there has been a judicial separation or property under Article 191.

Art. 2035 - No compromise upon the following questions shall be valid:

 The civil status of persons;

 The validity of a marriage or a legal separation;
 Any ground for legal separation;
 Future support;
 The jurisdiction of courts;
 Future legitime.

Art. 963 - Proximity of relationship is determined by the number of generations. Each generation forms
a degree. (915)

Art. 964 - A series of degrees forms a line, which may be either direct or collateral.

A direct line is that constituted by the series of degrees among ascendants and descendants.

A collateral line is that constituted by the series of degrees among persons who are not ascendants and
descendants, but who come from a common ancestor. (916a)

Art. 965 - The direct line is either descending or ascending.

The former unites the head of the family with those who descend from him.

The latter binds a person with those from whom he descends. (917)

Art. 966 - In the line, as many degrees are counted as there are generations or persons, excluding the
progenitor.

In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from
the parent, two from the grandfather, and three from the great-grandparent.

In the collateral line, ascent is made to the common ancestor and then descent is made to the person
with whom the computation is to be made. Thus, a person is two degrees removed from his brother,
three from his uncle, who is the brother of his father, four from his first cousin, and so forth. (918a)

Art. 967 - Full blood relationship is that existing between persons who have the same father and the
same mother.

Half-blood relationship is that existing between persons who have the same father, but not the same
mother, or the same mother, but not the same father.
ALIENAGE:

Section 1 - The following are citizens of the Philippines:

 [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
 [2] Those whose fathers or mothers are citizens of the Philippines;
 [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
 [4] Those who are naturalized in accordance with law.

Section 2 - Natural-born citizens are those who are citizens of the Philippines from birth without having
to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Section 3 - Philippine citizenship may be lost or reacquired in the manner provided by law.

Section 4 - Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act
or omission, they are deemed, under the law, to have renounced it.

Section 5 - Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.

CORDORA vs COMELEC

 Cordora asserted that Tambunting made false assertions in his certificate of candidacy
for the 2001 elections. Namely:
o 1. No. 6 – I am a Natural Born/Filipino Citizen
o 2. No. 9 – No. of years of Residence before May 14, 2001.
 36 in the Philippines and 25 in the Constituency where I seek to be
elected;
o 3. No. 12 – I am ELIGIBLE for the office I seek to be elected.3 (Boldface and
capitalization in the original)
 To disprove Tambunting’s claim of being a natural-born Filipino citizen, Cordora
presented a certification from the Bureau of Immigration which stated that, in two
instances, Tambunting claimed that he is an American: upon arrival in the Philippines on
16 December 2000 and upon departure from the Philippines on 17 June 2001. According
to Cordora, these travel dates confirmed that Tambunting acquired American
citizenship through naturalization in Honolulu, Hawaii on 2 December 2000.
 COMELEC ruling: dismissed the petition for lack of evidence. Traveling with an American
passport is not substantial enough to prove he is an American citizen.

ABSENCE:

PROVISIONAL MEASURES IN CASE OF ABSENCE

Art. 381. When a person disappears from his domicile, his whereabouts being unknown, and without
leaving an agent to administer his property, the judge, at the instance of an interested party, a relative,
or a friend, may appoint a person to represent him in all that may be necessary.

This same rule shall be observed when under similar circumstances the power conferred by the
absentee has expired. (181a)

Art. 382. The appointment referred to in the preceding article having been made, the judge shall take
the necessary measures to safeguard the rights and interests of the absentee and shall specify the
powers, obligations and remuneration of his representative, regulating them, according to the
circumstances, by the rules concerning guardians. (182)

Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is no
legal separation.

If the absentee left no spouse, or if the spouse present is a minor, any competent person may be
appointed by the court.

DECLARATION OF ABSENCE

Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last
news, and five years in case the absentee has left a person in charge of the administration of his
property, his absence may be declared. (184)

Art. 385. The following may ask for the declaration of absence:

 The spouse present;

 The heirs instituted in a will, who may present an authentic copy of the same;
 The relatives who may succeed by the law of intestacy;
 Those who may have over the property of the absentee some right subordinated to the
condition of his death. (185)

Art. 386. The judicial declaration of absence shall not take effect until six months after its publication in
a newspaper of general circulation.

ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE

Art. 387. An administrator of the absentee's property shall be appointed in accordance with Article 383.
(187a)

Art. 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or
encumber the husband's property, or that of the conjugal partnership, without judicial authority. (188a)

Art. 389. The administration shall cease in any of the following cases:

 When the absentee appears personally or by means of an agent;

 When the death of the absentee is proved and his testate or intestate heirs appear;
 When a third person appears, showing by a proper document that he has acquired the
absentee's property by purchase or other title.

In these cases the administrator shall cease in the performance of his office, and the property shall be at
the disposal of those who may have a right thereto.
 PRESUMPTION OF DEATH

Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he
shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence
of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be
sufficient in order that his succession may be opened. (n)

Art. 391. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs:

 A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has
not been heard of for four years since the loss of the vessel or aeroplane;
 A person in the armed forces who has taken part in war, and has been missing for four years;
 A person who has been in danger of death under other circumstances and his existence has not
been known for four years. (n)

Art. 392. If the absentee appears, or without appearing his existence is proved, he shall recover his
property in the condition in which it may be found, and the price of any property that may have been
alienated or the property acquired therewith; but he cannot claim either fruits or rents. (194)

EFFECT OF ABSENCE UPON THE

CONTINGENT RIGHTS OF THE ABSENTEE

Art. 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove
that he was living at the time his existence was necessary in order to acquire said right. (195)

Art. 394. Without prejudice to the provision of the preceding article, upon the opening of a succession
to which an absentee is called, his share shall accrue to his co-heirs, unless he has heirs, assigns, or a
representative. They shall all, as the case may be, make an inventory of the property. (196a)

Art. 395. The provisions of the preceding article are understood to be without prejudice to the action of
petition for inheritance or other rights which are vested in the absentee, his representatives or
successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription.
In the record that is made in the Registry of the real estate which accrues to the coheirs, the
circumstance of its being subject to the provisions of this article shall be stated. (197)

Art. 396. Those who may have entered upon the inheritance shall appropriate the fruits received in
good faith so long as the absentee does not appear, or while his representatives or successors in interest
do not bring the proper actions.
OLAGUER vs PURUNGGAN:
INSOLVENCY AND TRUSTEESHIP:

Art. 1381 – Civil code. The following contracts are rescissible:

 Those which are entered into by guardians whenever the wards whom they represent suffer
lesion by more than one-fourth of the value of the things which are the object thereof;
 Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the
preceding number;
 Those undertaken in fraud of creditors when the latter cannot in any other manner collect the
claims due them;
 Those which refer to things under litigation if they have been entered into by the defendant
without the knowledge and approval of the litigants or of competent judicial authority;
 All other contracts specially declared by law to be subject to rescission. (1291a)

Art. 1491 – Civil Code. The following persons cannot acquire by purchase, even at a public or judicial
auction, either in person or through the mediation of another:

 The guardian, the property of the person or persons who may be under his guardianship;
 Agents, the property whose administration or sale may have been entrusted to them, unless the
consent of the principal has been given;
 Executors and administrators, the property of the estate under administration;
 Public officers and employees, the property of the State or of any subdivision thereof, or of any
government-owned or controlled corporation, or institution, the administration of which has
been intrusted to them; this provision shall apply to judges and government experts who, in any
manner whatsoever, take part in the sale;
 Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers
and employees connected with the administration of justice, the property and rights in litigation
or levied upon an execution before the court within whose jurisdiction or territory they exercise
their respective functions; this prohibition includes the act of acquiring by assignment and shall
apply to lawyers, with respect to the property and rights which may be the object of any
litigation in which they may take part by virtue of their profession.
 Any others specially disqualified by law. (1459a)

Art. 2236 – Civil Code. The debtor is liable with all his property, present and future, for the fulfillment of
his obligations, subject to the exemptions provided by law.
UMALE vs ABS REALTY


GENDER:

Aticle 2, Section 14 - 1987 Constitution. The State recognizes the role of women in nation-
building, and shall ensure the fundamental equality before the law of women and men.

Art. 430 - Civil Code. Every owner may enclose or fence his land or tenements by means of
walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted
thereon.

Rule 3 Section 4 - Rules of Cout . Spouses as parties. — Husband and wife shall sue or be sued
jointly, except as provided by law. (4a)

PHYSICAL INCAPACITY/DISEASE:

Art. 45 – Family Code. A marriage may be annulled for any of the following causes, existing at
the time of the marriage:

 That the party in whose behalf it is sought to have the marriage annulled was eighteen years of
age or over but below twenty-one, and the marriage was solemnized without the consent of the
parents, guardian or person having substitute parental authority over the party, in that order,
unless after attaining the age of twenty-one, such party freely cohabited with the other and
both lived together as husband and wife;
 That either party was of unsound mind, unless such party after coming to reason, freely
cohabited with the other as husband and wife;
 That the consent of either party was obtained by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with the other as husband and
wife;
 That the consent of either party was obtained by force, intimidation or undue influence, unless
the same having disappeared or ceased, such party thereafter freely cohabited with the other as
husband and wife;
 That either party was physically incapable of consummating the marriage with the other, and
such incapacity continues and appears to be incurable; or
 That either party was afflicted with a sexually-transmissible disease found to be serious and
appears to be incurable.

Art. 46 - FC. Any of the following circumstances shall constitute fraud referred to in Number 3 of the
preceding Article:

 Non-disclosure of a previous conviction by final judgment of the other party of a crime involving
moral turpitude;
 Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man
other than her husband;
 Concealment of sexually transmissible disease, regardless of its nature, existing at the time of
the marriage; or
 Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at
the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute
such fraud as will give grounds for action for the annulment of marriage.

Art. 820 - NCC. Any person of sound mind and of the age of eighteen years or more, and not bind, deaf
or dumb, and able to read and write, may be a witness to the execution of a will mentioned in Article
805 of this Code.
INTRODUCTION TO THE FAMILY CODE