Professional Documents
Culture Documents
I. EFFECT AND APPLICATION OF LAWS Inasmuch as the law has no specific date for its
effectivity and neither can it become effective
A. WHEN LAW TAKES EFFECT upon its approval notwithstanding its express
statement, following Article 2 of the Civil Code
Q: When did the Civil Code take effect? and the doctrine enunciated in Tanada, supra, it
took effect fifteen days after its publication.
A: August 30, 1950 (Umali v Estanislao, G.R. No. 104037, May 29,
1992, [citing Tanada v. Tuvera, G.R. No. L‐63915,
Q: When do laws take effect? Dec. 29, 1986])
A: Laws take effect: RULES ON PUBLICATION
GR: After 15 days following the completion of Q: Are all laws required to be published?
its publication in the official gazette or
newspaper of general circulation. A:
GR: Yes. Publication is indispensable.
Note: “after 15 days”– Law shall take effect on
the 16th day from date of publication XPN:
1. Municipal Ordinances (governed by the
XPN: unless otherwise provided by the law. Local Government Code not the Civil
Code)
Q: What is meant by the phrase “unless it is 2. Rules and regulations that are internal
otherwise provided” in the provision on in nature.
effectivity of laws? 3. Letters of Instruction issued by
administrative supervisors on internal
A: 15‐day period may be lengthened or shortened rules and guidelines.
by Congress. The exception refers to the 15‐day 4. Interpretative regulations regulating
period, not the requirement of publication, only the personnel of administrative
publication being mandated by due process. agency.
Note: No one shall be charged with notice of the XPN to the XPN: Administrative rules and
statutes provision until the publication is completed regulations that require publication:
and the 15 day period has expired. The law produces 1. The purpose of which is to implement
no effect until and unless it completes the
or enforce existing laws pursuant to a
requirement of publication.
valid delegation;
2. Penal in Nature;
Q: When will the law take effect if it is made to
3. It diminishes existing rights of certain
take effect “immediately”?
individuals
A: It shall take effect immediately after
Q: Honasan questions the authority and
publication. The 15 day period after publication is
jurisdiction of the DOJ panel of prosecutors to
dispensed with but publication is not.
conduct a preliminary investigation and to
eventually file charges against him, claiming that
Q: When will the law take effect if it states that
since he is a senator with a salary grade of 31, it
it shall be “effective upon approval”?
is the Office of the Ombudsman, not the DOJ,
which has authority and jurisdiction to conduct
A: The clause "unless it is otherwise provided"
the preliminary investigation. DOJ claims that it
refers to the date of effectivity and not to the
has concurrent jurisdiction, invoking an OMB‐
requirement of publication itself, which cannot in
DOJ Joint Circular which outlines the authority
any event be omitted. This clause does not mean
and responsibilities among prosecutors of the
that the legislator may make the law effective
DOJ and the Office of the Ombudsman in the
immediately upon approval, or on any other date
conduct of preliminary investigations. Honasan
without its previous publication.
counters that said circular is ineffective as it was
never published.
Publication is indispensable in every case, but the
legislature may in its discretion provide that the
Is OMB‐DOJ Circular No. 95‐001 ineffective
usual fifteen‐day period shall be shortened or
because it was not published?
extended.
1
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE C HAIR FOR A DMINISTRATION AND F INANCE : JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
A: No. OMB‐DOJ Circular No. 95‐001 is merely an 3. It has a bona fide subscription list of
internal circular between the two offices which paying subscribers
outlines the authority and responsibilities among 4. Not merely caters to a specific class of
prosecutors of the DOJ and of the Office of the persons.
Ombudsman in the conduct of preliminary 5. It is published at regular intervals.
investigations. It does not contain any penal
provision nor prescribe a mandatory act or B. IGNORANCE OF THE LAW
prohibit any under pain of penalty. Further, it
does not regulate the conduct of persons or the Q: Differentiate mistake of law from mistake of
public, in general. As such therefore, it need not fact.
be published. (Honasan, II v. The Panel of
Investigating Prosecutors of the Department of A:
Justice, G.R. No. 159747, Jun. 15, 2004) MISTAKE OF FACT MISTAKE OF LAW
Want of knowledge or
Want of knowledge of
Q: What is the effect of non‐publication of the acquaintance with the
some fact or facts
law? laws of the land insofar
constituting or relating
as they apply to the act,
to the subject matter in
A: The law shall not be effective. It is a violation relation, duty, or matter
hand.
of due process. under consideration.
When some facts which Occurs when a person
Q: What must be published in order to comply really exist are unknown having full knowledge of
or some fact is the facts come to an
with the publication requirement?
supposed to exist which erroneous conclusion as
really does not exist. to its legal effects
A: Publication must be in full or it is no
Not excusable, even if in
publication at all since its purpose is to inform the Good faith is an excuse
good faith
public of the contents of the laws…the mere
mention of the number of the presidential Note: Ignorance of a foreign law is a mistake of fact
decree, the title of such decree, its whereabouts,
the supposed date of effectivity, and in a mere Q: Tina charged Eduardo with bigamy. He
supplement of the Official Gazette cannot satisfy invokes as defense good faith and that he did
the publication requirement. This is not even not know that there was still a need for a prior
substantial compliance. (Tañada v. Tuvera, G.R. declaration of nullity of marriage before he can
No. L‐63915, Dec. 29, 1986) contract a subsequent marriage. Is his defense
tenable?
Q: Judicial decisions form part of the law or the
legal system of the land. Is compliance with the A: No. Eduardo is presumed to have acted with
publication requirement for effectivity of laws malice or evil intent when he married Tina. As a
necessary for judicial decisions to be effective? general rule, mistake of fact or good faith of the
accused is a valid defense in a prosecution for a
A: No. The term “laws” do not include decisions felony by dolo; such defense negates malice or
of the Supreme Court because lawyers in the criminal intent. However, ignorance of the law is
active law practice must keep abreast of not an excuse because everyone is presumed to
decisions, particularly where issues have been know the law. Ignorantia legis neminem excusat.
clarified, consistently reiterated and published in (Manuel v. People, G.R. No. 165842, Nov. 29,
advance reports and the SCRA (Roy v. CA, G.R. No. 2005)
80718, Jan. 29, 1988)
Q: Eduardo was married to Ruby. He then
Q: Publication must be made in a newspaper of
met Tina and proposed marriage, assuring her
general circulation or in the Official
that he was single. They got married and lived
Gazette.When is a newspaper of general
together. Tina, upon learning that Eduardo
circulation?
had been previously married, charged
A: Eduardo for bigamy for which he was
1. It is published within the court’s convicted.
jurisdiction
2. Published for disseminating local news Eduardo testified that he declared he was
and general information. “single” because he believed in good faith
that his first wife was already dead, having
2 CIVIL LAW TEAM:
ADVISER: ATTY. ELMER T. RABUYA; SUBJECT HEAD: ALFREDO B. DIMAFELIX II;
ASST. SUBJECT HEADS: KAREN FELIZ G. SUPNAD, LAMBERTO L. SANTOS III; MEMBERS: PAUL ELBERT E. AMON, ALSTON ANARNA, OZAN J.
FULLEROS, CECILIO M. JIMENO, JR., ISMAEL SARANGAYA, JR.; CONTRIBUTORS: LOISE RAE G. NAVAL, MONICA JUCOM
EFFECT AND APPLICATION OF LAWS
not heard from her for 20 years, and that he 8. Penal laws favorable to the accused
did not know that he had to go to court to provided, accused is not a habitual
seek for the nullification of his first marriage criminal
before marrying Tina.
XPN to the XPN: constitutional limits, where
Is Eduardo liable for the crime of bigamy? retroactivity would result to: IE
1. Impairment of obligation of contracts
2. Ex Post Facto Laws
A: Yes. Eduardo is presumed to have acted
with malice or evil intent when he married
Note: In case of doubt: laws apply prospectively, not
Tina. As a general rule, mistake of fact or good retroactively.
faith of the accused is a valid defense in a
prosecution for a felony by dolo; such defense Q: May judicial decisions be given retroactive
negates malice or criminal intent. However, effect?
ignorance of the law is not an excuse because
everyone is presumed to know the law. It was A: No. When a doctrine of the Supreme Court is
the burden of the Eduardo to prove his defense overruled and a different view is adopted, the
that when he married the Tina, he was of the new doctrine should be applied prospectively and
well‐grounded belief that his first wife was should not apply to parties who had relied on the
already dead. He should have adduced in old doctrine and acted on the faith thereon.
evidence a decision of a competent court (Rabuya, p. 10)
declaring the presumptive death of his first
wife as required by Article 349 of the Revised D. MANDATORY OR PROHIBITORY LAWS
Penal Code, in relation to Article 41 of the
Q: What is the status of acts which are contrary
Family Code. Such judicial declaration also
to law?
constitutes proof that Eduardo acted in good
faith, and would negate criminal intent on his
A:
part when he married the private complainant GR: Acts that are contrary to the provisions of
and, as a consequence, he could not be held mandatory and proibitory law are void. (Art.
guilty of bigamy in such case. Eduardo, 5, NCC)
however, failed to discharge his burden.
(Manuel v. People, G.R. No. 165842, Nov. 29, XPN: Where the law:
2005) 1. Makes the act valid but punishes the
violator,
Q: What is the rule as regards difficult questions e.g. Marriage solemnized by a person
of law? not authorized to do so;
2. Itself authorizes its validity;
A: In specific instances provided by law, mistake 3. Makes the act merely voidable i.e. valid
as to difficult questions of law has been given the until annulled;
same effect as a mistake of fact. E.g. Mistake 4. Declares the nullity of an act but
upon a doubtful or difficult question of law may recognizes its effects as legally existing,
be the basis of good faith. [Art. 526 (3)] e.g. Child born after the annulment of
marriage is considered legitimate.
C. RETROACTIVITY OF LAWS
E. WAIVER OF RIGHTS
Q: Do laws have retroactive effect?
Q: What is a right?
A:
GR: Laws shall have no retroactive effect. A: It is a legally enforceable claim of one person
against another, that the other shall do a given
XPN: TIN CREEP act, or shall not do a given act (Pineda, Persons, p.
1. Tax laws 23)
2. Interpretative statutes
3. Laws creating New Rights
4. Curative Statutes
5. Remedial/procedural
6. Emergency Laws
7. When Expressly provided
3
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE C HAIR FOR A DMINISTRATION AND F INANCE : JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
Q: What are the kinds of rights? Distinguish. 2. The one waiving such right must have
Knowledge of evidence thereof
A: 3. Intention to relinquish said right.
1. Natural Rights – Those which grow out (Valderamma v. Macalde, G.R.
of the nature of man and depend upon No.165005, Sept. 16,2005)
personality.
Q: What are the requisites of a valid waiver?
E.g. right to life, liberty, privacy, and
good reputation. A: AFCUNF
1. Waiving party must Actually have the
2. Political Rights – Consist in the power to right he is renouncing.
participate, directly or indirectly, in the 2. He must have Full capacity to make the
establishment or administration of waiver
government. 3. Waiver must be Clear and Unequivocal
4. Waiver must Not be contrary to law,
E.g. right of suffrage, right to hold public order, public morals, etc.
public office, right of petition. 5. When Formalities are required, they
must be complied with.
3. Civil Rights– Those that pertain to a
person by virtue of his citizenship in a F. REPEAL OF LAWS
state or community.
Q: What are the kinds of repeal? Distinguish.
E.g. property rights, marriage, equal
protection of laws, freedom of contract, A: Repeal may be express or implied. It is express
trial by jury. (Pineda, Persons, p. 24) if the law expressly provides for such. On the
a. Rights of personalty or human other hand, it is implied when the provisions of
rights; the subsequent law are incompatible or
b. Family rights; and inconsistent with those of the previous law.
c. Patrimonial rights:
i. Real rights Q: What are the requisites of implied repeal?
ii. Personal rights. (Rabuya
Persons, p. 19) A:
1. Laws cover the same subject matter
Q: May rights be waived? 2. Latter is repugnant to the earlier
A: Q: What is the rule on repeal of repealing laws?
GR: Yes.
A: It depends upon how the old law is repealed by
XPN: the repealing law:
1. If waiver is:
a. Contrary to law, public order, 1. If the old law is expressly repealed and
public policy, morals or good repealing law is repealed: the Old law is
customs. not revived
b. Prejudicial to a third person 2. If the old law is impliedly repealed and
with a right recognized by repealing law is repealed: the Old law is
law. revived.
Note: Unless the law otherwise provides, in both
2. If the right is: cases.
a. A natural right, such as right
to life. G. JUDICIAL DECISIONS
b. Inchoate, such as future
inheritance. Q: Are judicial decisions considered laws in this
jurisdiction?
Q: What are the elements of waiver of rights?
A: No. Decisions of the Supreme Court, although
A: EKI in themselves not laws, are nevertheless evidence
1. Must be an Existing right of what the laws mean.
4 CIVIL LAW TEAM:
ADVISER: ATTY. ELMER T. RABUYA; SUBJECT HEAD: ALFREDO B. DIMAFELIX II;
ASST. SUBJECT HEADS: KAREN FELIZ G. SUPNAD, LAMBERTO L. SANTOS III; MEMBERS: PAUL ELBERT E. AMON, ALSTON ANARNA, OZAN J.
FULLEROS, CECILIO M. JIMENO, JR., ISMAEL SARANGAYA, JR.; CONTRIBUTORS: LOISE RAE G. NAVAL, MONICA JUCOM
EFFECT AND APPLICATION OF LAWS
Q: When do judicial decisions form part of the A: These are rules of conduct, legally binding and
law of the land? obligatory, formed by repetition of acts uniformly
observed as a social rule.
A:
GR: As of the date of the enactment of said Q: How are customs proved?
law. This is so because the Supreme Court’s
interpretation merely establishes the A:
contemporaneous legislative intent that the GR: Must be proved as a fact, according to the
construed law purports to carry into effect. rules on evidence.
XPN: When a doctrine is overruled and a XPN: Courts may take judicial notice of a
different view is adopted, the new doctrine custom if there is already a decision rendered
should be applied prospectively and should by the same court recognizing the custom.
not prejudice parties who relied on the old
doctrine. Q: What are the requisites to make a custom an
obligatory rule?
Q: Explain the concept of stare decisis.
A: P‐TOP
A: It is adherence to judicial precedents. Once a 1. Pluralityor Repetition of acts
question of law has been examined and decided, 2. Practiced for a long period of Time
it should be deemed settled and closed to further 3. The community accepts it as a proper
argument. way of acting, such that it is considered
Obligatory upon all.
Note: This doctrine however is not inflexible, so that 4. Practiced by the great mass of the social
when in the light of changing conditions, a rule has group.
ceased to be beneficial to the society, courts may
depart from it. Q: May courts apply customs in deciding cases?
Courts are required to follow the rule established in A:
earlier decisions of the Supreme Court. 1. In civil cases, customs may be applied
by the courts in cases where the
H. DUTY TO RENDER JUDGMENT applicable law is: SOI
a. Silent
Q: Can the Court decline to render judgment by b. Obscure
reason of silence of the law? c. Insufficient
A: No.No judge or court shall decline to render Provided said customs are not contrary
judgment by reason of the silence, obscurity or to law, public morals, etc.
insufficiency of the law.
2. In criminal cases, customs cannot be
Note: However, this duty is not a license for courts
applied because nullum crimen nulla
to engage in judicial legislation. The duty of the
poena sine lege (There is neither crime
courts is to apply or interpret the law, not to make
or amend it.
nor punishment, without a law).
I.PRESUMPTION AND APPLICABILITY OF J. LEGAL PERIODSS
CUSTOM
Q: How do you compute the periods?
Q: What is the presumption in case there is
doubt in the interpretation or application of A: Year – 365 days
laws? Month – 30 days
Day – 24 hours
A: That the lawmaking body intended right and Nighttime – from sunset to sunrise
justice to prevail (Art. 10).
Note: Month: if designated by its name: compute by
the number of days which it respectively has.
Q: What are customs?
Week: 7 successive days regardless of which day it
would start
5
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE C HAIR FOR A DMINISTRATION AND F INANCE : JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
Calendar week: Sunday to Saturday considering that the 730th day fell on September
2, 1965 — the year 1964 being a leap year.
Note: In Commissioner of Internal Revenue v.
Primetown Property Group, Inc., the SC ruled that as With the approval of the Civil Code of the
between the Civil Code, which provides that a year is Philippines (R.A. 386) we have reverted to the
equivalent to 365 days, and the Administrative Code provisions of the Spanish Civil Code in accordance
of 1987, which states that a year is composed of 12 with which a month is to be considered as the
calendar months, it is the latter that must prevail
regular 30‐month and not the solar or civil month
following the legal maxim, Lex posteriori derogat
with the particularity that, whereas the Spanish
priori.
Civil Code merely mentioned 'months, days or
nights,' ours has added thereto the term 'years'
Q: What is the manner of counting periods?
and explicitly ordains in Article 13 that it shall be
understood that years are of three hundred sixty‐
A: Exclude the first, include the last;
five days.(People v. Ramos GR L‐25265, May 9,
1978, Ramos v. Ramos GR L‐25644, May 9, 1978)
Step 1. From the reckoning date, add the period
However, when the year in questioned is a leap
or number of days which will expire.
year, the 365 day rule is not followed because
February 28 and 29 of a leap year should be
e.g. Calendar days, not leap year:
counted as separate days in computing periods of
prescription (NAMARCO vs Tuazon, GR No L‐
Date of commission = September 3, 2005
29131, Aug. 27, 1969).
Prescriptive period = 90 days from commission
Q: What is the rule if the last day falls on a
3 + 90 = 93
Sunday or a legal holiday?
Step 2. From the total, subtract the number of
A: It depends. If the act to be performed within
days, calendar or not, until the difference is less
the period is:
that the number of days in a month. This
difference shall be the date in the month
1. Prescribed or allowed by: ROO
immediately succeeding the last month whose
a. the Rules of Court
number of days was subtracted.
b. an Order of the court; or
c. any Other applicable statute
93
Less: September 30 = 63
The last day will automatically be the
Less: October 31 = 32
next working day.
Less: November 30 = 2
(December)
2. Arises from a contractual relationship –
the act will still become due despite the
November is the last month whose number of
fact that the last day falls on a Sunday
days was subtracted; hence, the remaining
or a legal holiday.
difference of 2 shall be the date in December, the
month immediately succeeding November.
K. APPLICABILITY OF PENAL LAWS
Hence, the last day for filing the action is
Q: When, where and upon whom do the
December 2, 2005.
following laws apply?
Q: In a case for violation of the Copyright law
1. Penal laws – Penal laws and laws of
filed against her, Soccoro countered by saying
public security and safety shall be
that since the crime was found out on
obligatory upon all those who live or
September 3, 1963, while the information was
sojourn in the Philippine territory (Art.
filed on September 3, 1965, the crime had
14, NCC)
already prescribed, since 1964 was a leap year.
Has the crime prescribed?
GR: Territoriality rule – Obligatory to all
who live or sojourn in Philippine
A: Yes. Namarco v. Tuazon held that February 28
territory. (Art. 2, RPC)
and 29 of a leap year should be counted as
separate days in computing periods of
XPN: Treaty stipulations, Public
prescription. Since this case was filed on
International Law principles.
September 3, 1965, it was filed one day too late;
6 CIVIL LAW TEAM:
ADVISER: ATTY. ELMER T. RABUYA; SUBJECT HEAD: ALFREDO B. DIMAFELIX II;
ASST. SUBJECT HEADS: KAREN FELIZ G. SUPNAD, LAMBERTO L. SANTOS III; MEMBERS: PAUL ELBERT E. AMON, ALSTON ANARNA, OZAN J.
FULLEROS, CECILIO M. JIMENO, JR., ISMAEL SARANGAYA, JR.; CONTRIBUTORS: LOISE RAE G. NAVAL, MONICA JUCOM
EFFECT AND APPLICATION OF LAWS
7
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE C HAIR FOR A DMINISTRATION AND F INANCE : JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
disposition found in this will favorable to
the person or persons who fail to comply Q: Edward is a citizen of California domiciled in
with this request. the Philippines. After he executed his will, he
went back to America and stayed there. During
Is the clause above‐quoted valid? the post mortem probate of the will, Helen, his
illegitimate natural child, opposed it on the
A: No, it is void. The second clause of the will ground of preterition. She claims that under Art.
regarding the law which shall govern it and the 16 par. 2 of the Civil Code, in case of succession,
condition imposed, is null and void, being the national law of the deceased ‐ the civil code
contrary to law. Article 792 of the Civil Code of California ‐ should govern., which provides
provides that “Impossible conditions and those that if a Californian not domiciled in California
contrary to law or good morals shall be dies, the law of his domicile must govern. Lucy,
considered as not imposed and shall not on the otherhand, counters that under the same
prejudice the heir or legatee in any manner provision, the national law of the deceased
whatsoever, even should the testator otherwise should apply. Which law should be applied –
provide.” Philippine law or Californian Law?
Said clause is contrary to law because it expressly A: Philippine Law should be applied. Where the
ignores the testator's national law when, testator (Edward) was a citizen of California, and
according to article 10 of the Civil Code, such domiciled in the Philippines, the amount of
national law of the testator is the one to govern successional rights should be governed by his
his testamentary dispositions. Said condition then national law, that is, Californian law. However,
is considered unwritten, hence the institution of the conflict of law rules of California provides that
legatees is unconditional and consequently valid in cases of citizens who are residents of another
and effective. country, the law of the country of domicile should
apply, hence, Philippine law on legitimes should
Q: Explain the following doctrines: be applied. This is so because California law itself
refers the case back to the Philippines. The
A: Philippine court has no other alternative but to
1. Renvoi Doctrine(“referring back”) – accept the referring back, for to do otherwise,
Renvoi takes place when the conflicts might result again in its referring back to the
rule of the forum makes a reference to Philippines, which would give rise to a sort of an
a foreign law, but the foreign law is “international football”. (Aznar v. Garcia, G.R. No.
found to contain a conflict rule that L‐16749. Jan. 31, 1963)
returns or refers the matter back to the
law of the forum (Remission).
2. Transmission theory – Provides that
when the conflicts rule of the forum
makes a reference to a foreign law, but
the foreign law is found to contain a
conflict rule that refers it to a third
country, the law of the third country
shall apply.
3. Doctrine of Processual Presumption –
The foreign law, whenever applicable,
should be proved by the proponent
thereof, otherwise, such law shall be
presumed to be exactly the same as the
law of the forum.
4. Doctrine of Operative Facts – Acts done
pursuant to a law which was
subsequently declared unconstitutional
remain valid, but not when the acts are
done after the declaration of
unconstitutionality.
8 CIVIL LAW TEAM:
ADVISER: ATTY. ELMER T. RABUYA; SUBJECT HEAD: ALFREDO B. DIMAFELIX II;
ASST. SUBJECT HEADS: KAREN FELIZ G. SUPNAD, LAMBERTO L. SANTOS III; MEMBERS: PAUL ELBERT E. AMON, ALSTON ANARNA, OZAN J.
FULLEROS, CECILIO M. JIMENO, JR., ISMAEL SARANGAYA, JR.; CONTRIBUTORS: LOISE RAE G. NAVAL, MONICA JUCOM
HUMAN RELATIONS
9
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE C HAIR FOR A DMINISTRATION AND F INANCE : JEANELLE C. LEE Facultad de Derecho Civil
VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
(Hermosisima v. CA, G.R. No. L‐14628, September
30, 1960)
Note: To constitute seduction there must be some
sufficient promise or inducement and the woman
must yield because of the promise or other
inducement. If she consents merely from carnal lust
and the intercourse is from mutual desire, there is
no seduction.
Q: What are the elements of an action under
Article 21 of the Civil Code?
A: LCI
1. there is an act which is Legal
2. but which is Contrary to morals, good
customs, public order or policy
3. the act is done with Intent to injure.
Note: Art. 21 deals with acts contra bonus mores or
contrary to good morals and presupposes loss or
injury, material or otherwise, which one may suffer
as a result of such violation
10 CIVIL LAW TEAM:
ADVISER: ATTY. ELMER T. RABUYA; SUBJECT HEAD: ALFREDO B. DIMAFELIX II;
ASST. SUBJECT HEADS: KAREN FELIZ G. SUPNAD, LAMBERTO L. SANTOS III; MEMBERS: PAUL ELBERT E. AMON, ALSTON ANARNA, OZAN J.
FULLEROS, CECILIO M. JIMENO, JR., ISMAEL SARANGAYA, JR.; CONTRIBUTORS: LOISE RAE G. NAVAL, MONICA JUCOM