Human Relations: A. NCC Art.

19-22, relative to breach of promise to marry: - Art 21 - Breach of Promise to Marry; not an actionable wrong in the Philippine s; - Jesus vs. Syquia - breach of promise to marry has no legal standing in the cou rts; abolition by the Senate committee of the chapter in the New Civil Code; int ention of congress was to eliminate actions for damages arising fron breach of p romise to marry; if the sole basis of an action for damages is just the breach o f promise, the action will never prosper; But, if the person who committed the b reach accompanied the promise the marriage with deceit or abuse of right - the a ction can prosper; - conditional validity of donation; - basis of cause of action by De Jesus: breach of promise of marry and s upport for the kids; - Hermosisima vs. CA - Conrado Bunag case --- action for rape plus damages for breach of promise to m arry against Bunag Jr and Bunag Sr.; SC - Breach of promise to marry is not an a ctionable wrong but if the breach is accompanied by quasi delict, unjust enrichm ent, or abuse of right, damages may be awarded - only actual damages not moral d amages; Court in this case Bunag found the latter liable for actual and MORAL da mages; ARt 29 speaks of an action dismissed by the court not just dismissal from the fiscal's office; - Wassmer vs. Velez - breach of promise to marry in this case was accompanied by deceit, unjust enrichment and quasi delict; Prejudicial Question - Art. 36 NCC Syllabus: Prejudicial Questions EXCLUDE: to be covered by Remedial Law - there are always 2 cases involved; - Yap vs. Paras : civil action is determinative of whether or not the accused is guilty of the criminal action; - Bigamy: if the marriage sought to be annulled is the first valid marriage - wi ll that be a prejudicial question to the criminal action for bigamy? ---- NOT A PQ in the case of Relova; if the 2nd marriage is the pone sought to be annulled, it is PQ if the cause for the annulment of the 2nd marriage if the cause sought in the annulment is not imputable or attributable to the plaintiff seeking annu lment of the 2nd marriage; - Is it necessary that the 2 cases be pending in DIFFERENT courts for the issue of PQ to arise? NO. Even if both cases are pending in one and the same court, th ere can still be a PQ -- effect, while the court is hearing the first action, he aring of the second will be suspended. - Can there be PQ if 2 actions are both civil in nature? --- Tamin vs. CA (1992) : action for ejectment and cadastral proceeding initiated by the bureau of land s; SC: ordinarilly, in cases of PQ there is 1 civil and 1 criminal case, in this case the cadastral proceeding is prejudicial even if both cases are civil;

Persons: Syllabus: A. Capacity to Act 1. Civil Personality, NCC Art. 37 2. Restrictions on Capacity to Act, NCC 38-39 3. Birth, NCC 40-41 4. Death, NCC 42-43 a. Compare Art. 43 with Rule 131, Sec. 3 (jj) presumption of Survivorship

- 2 kinds of persons under the law - natural and juridical - Art. 44; - What is the distinction between juridical capacity and capacity to act; Juridi cal capacity is INHERENT in every natural person and can be lost only through de ath, it does not have to be acquired, itco exists with the person himself; - Testate Estate of Pedro Fernante: estate of the decedent is given a personalit y of it's own, a continuation of the personality of the deceased person (?) - When does personality begin? Actual and temporary/presumptive personality --Art. 40; Unborn child - personality is subject to conditions; for civil purposes - Art 41: conditions set in order to acquire actual and permanent personality; - Not necessary that the child be able to survive on its own Syllabus: 4. Death, NCC 42-43 a. Compare Art. 43 with Rule 131, Sec. 3 (jj) presumption of Survivorship - Civil code rules on survivorship - Art 43 --- when to apply and when not to ap ply?--- civil code art 43 will APPLY : 1. ONLY IF SUCCESSION IS INVOLVED; 2. reg ardless of the cause of death (as compared to ROC provision where the cause of d eath is material); 3. ONLY IN CASE OF DOUBT - intended by law as substitute for facts