Case Digests for Articles 1-10 of Civil Code

Persons and Family Relations

Elmer Rabuya

Article 2
People v. Simon
234 SCRA 555, 569 (1994)
G.R. No. 93028
Facts:
Accused-appellant Martin Simon was charged with a violation of Section 4, Article II of
Republic Act No. 6425, as amended, otherwise known as the Dangerous Drugs Act of
1972, under an indictment alleging he sold four tea bags of marijuana to a Narcotics
Command (NARCOM) poseur-buyer in consideration of the sum of P40.00.

Issue:
Whether or not accused-appellant Simon should be given a lighter punishment of six
months to six years instead of reclusion perpetua, pursuant to the amendments of
Republic Act No. 7659 to Republic Act No. 6425

Held: Yes, since Republic Act No. 7659 was effected on December 31, 1993.

People v. Godoy
250 SCRA 676, 732 (1995)
G.R. Nos. 115908-09
Facts:
Accused-appellant Danny Godoy was charged in two separate filings before the
Regional Trial Court, for Palawan and Puerto Princesa City, Branch 47, with rape and
kidnapping with serious illegal detention of 17-year-old Mia Taha.

Issue:
Whether or not, if found guilty, accused-appellant Godoy will be subject to death penalty
imposed by Republic Act No. 7659

Held:
Yes, since Republic Act No. 7659 which reimposed the death penalty on certain heinous
crimes took effect on December 31, 1993, that is, fifteen days after its publication in the
December 16, 1993 issues of the Manila Bulletin, Philippine Star, Malaya and Philippine
Times Journal and not on January 1, 1994 as is sometimes misinterpreted.
 Case Digests for Articles 1-10 of Civil Code
Persons and Family Relations
Elmer Rabuya

GSIS v. Commission on Audit

301 SCRA 731, 736 (1999)
G.R. No. 125982
Facts:
The case before the Court is a special civil action of certiorari seeking to review the
decision of the Commission on Audit that affirmed the ruling of Corporate Auditor
Mariano C. Gaborne disallowing in audit the payment of death benefits in the amount
of P43,107.19, to the heirs of the late Brig. General Arturo T. Asuncion, who died on
November 16, 1987, in a helicopter crash, for the reason that a reserve officer like him
of the Armed Forces of the Philippines was not at that time a compulsory member of the
Government Service Insurance System.

Issue:
Whether or not the heirs of Brig. General Asuncion should receive payment of death
benefits

Held:
Yes, since E. O. No. 79 is effective fifteen (15) days following its publication in the
Official Gazette, or on January 7, 1987. At that time, the late General Asuncion was a
reserve officer who had rendered a total of ten (10) years of continuous
active duty service commission in the AFP. Hence, he was compulsorily covered as a
member of the GSIS on the date he died on November 15, 1987, in line of duty in a
helicopter crash. Consequently, his heirs are entitled to payment of death benefits.
 Case Digests for Articles 1-10 of Civil Code
Persons and Family Relations
Elmer Rabuya

Tañada v. Tuvera
136 SCRA 27 (1985)
G.R. No. L-63915
Facts:
Invoking the right of the people to be informed on matters of public concern as well as
the principle that laws to be valid and enforceable must be published in the Official
Gazette, Lorenzo Tañada, et. al petitioned a writ of mandamus to compel Juan Tuvera,
Executive Assistant to the President et. al to publish a number of presidential decrees,
letter of instructions and general orders to the Official Gazette.
Petitioners maintain that since the subject of the petition concerns a public right and its
object is to compel public duty, they need not show any specific interest. Respondents
further contend that publication in the OG is not a sine qua non requirement for the
effectivity of laws where the laws themselves provide for their own effectivity dates.

Issue:
Whether or not publication in the Official Gazette is an indispensable requirement for
the effectivity of PDs, LOIs, General Orders, Eos, etc, where laws themselves provide
for their own effectivity dates

Held:
Yes, since the publication of presidential issuances “of public nature” or “of general
applicability” is a requirement of due process. Before a person may be bound by law, he
must first be officially informed of its contents.
 Case Digests for Articles 1-10 of Civil Code
Persons and Family Relations
Elmer Rabuya

Article 3
Marbella-Bobis v. Bobis
336 SCRA 747, 755 (2000)
G.R. No. 138509

Facts:
Respondent contracted a first marriage with Maria Javier. Without said marriage having
been annulled, nullified or terminated, the same respondent contracted a second
marriage with petitioner Imelda Marbella-Bobis and allegedly a third marriage with a
certain Julia Sally Hernandez.

Issue:
Whether or not respondent is guilty of bigamy despite respondent’s claim of ignorance
of Article 40 of the Family Code

Held:
Yes, since ignorance of the existence of Article 40 of the Family Code cannot even be
successfully invoked as an excuse. The contracting of a marriage knowing that the
requirements of the law have not been complied with or that the marriage is in disregard
of a legal impediment is an act penalized by the Revised Penal Code.
 Case Digests for Articles 1-10 of Civil Code
Persons and Family Relations
Elmer Rabuya

Article 7

Agujetas v. CA
261 SCRA 17 (1996)
G.R. No. 106560

Facts:
Petitioners Florezil Agujetas and Salvador Bijis, former Chairman and Vice-Chairman,
respectively of the Provincial Board of Canvassers for the Province of Davao Oriental
assail the decision of the public respondent Court of Appeals which affirmed the
decision of the Regional Trial Court of Mati, Davao Oriental finding them guilty as
charged for failure to proclaim a winning elected candidate.

Issue:
Whether or not R.A. 7166 repeals Section 231 of the Omnibus Election Code, saying
that winners should be proclaimed by the Board of Canvassers.

Held:
No, since R.A. 7166 neither expressly or impliedly repeals Section 231 of the Omnibus
Election Code.
 Case Digests for Articles 1-10 of Civil Code
Persons and Family Relations
Elmer Rabuya

Laguna Lake Development Authority v. CA

251 SCRA 421 (1995)
G.R. No. 120865-71

Facts:
Towards environmental protection and ecology, navigational safety, and sustainable
development, Republic Act No. 4850 created the "Laguna Lake Development Authority."

Issue:
Whether or not R.A. 7160 and the Local Government Code of 1991 repealed R.A. 4850,
which established the LLDA

Held:
No, since it has to be conceded that the charter of the Laguna Lake Development
Authority constitutes a special law. Republic Act No. 7160, the Local Government Code
of 1991, is a general law. It is basic in statutory construction that the enactment of a
later legislation which is a general law cannot be construed to have repealed a special
law. It is a well-settled rule in this jurisdiction that "a special statute, provided for a
particular case or class of cases, is not repealed by a subsequent statute, general in its
terms, provisions and application, unless the intent to repeal or alter is manifest,
although the terms of the general law are broad enough to include the cases embraced
in the special law."

Where there is a conflict between a general law and a special statute, the special
statute should prevail since it evinces the legislative intent more clearly than the general
statute. The special law is to be taken as an exception to the general law in the absence
of special circumstances forcing a contrary conclusion. This is because implied repeals
are not favored and as much as possible, effect must be given to all enactments of the
legislature. A special law cannot be repealed, amended or altered by a subsequent
general law by mere implication.
 Case Digests for Articles 1-10 of Civil Code
Persons and Family Relations
Elmer Rabuya

Filoteo, Jr. v. Sandiganbayan

263 SCRA 222 (1996)
G.R. No. 79543
Facts:
Petitioner Jose D. Filoteo, Jr. was a police investigator of the Western Police District in
Metro Manila, an old hand at dealing with suspected criminals. A recipient of various
awards and commendations attesting to his competence and performance as a police
officer, he could not therefore imagine that one day he would be sitting on the other side
of the investigation table as the suspected mastermind of the armed hijacking of a
postal delivery van.

Filoteo admitted involvement in the crime and pointed to three other soldiers, namely,
Eddie Saguindel, Bernardo Relator and Jack Miravalles (who turned out to be a
discharged soldier), as his confederates. At 1:45 in the afternoon of May 30, 1982,
petitioner executed a sworn statement in Tagalog before M/Sgt. Arsenio C. Carlos and
Sgt. Romeo P. Espero.

Peitioner however sought later that his confession be inadmissible evidence, saying that
the law should favour him as an accused.

Issue:
Whether or not Article III, Section 12 of the 1987 Constitution shall be given a
retroactive effect and petitioner’s extrajudicial confession be held as inadmissible
evidence

Held:
No, since what he did was not a penal offense. Under the penal law, a person guilty of
felony who is not a habitual criminal may be given favour by the law.