Facutry or Crvit. Law (1734) CIVIL LAW 2021 GOLDEN NOTES FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS MANILAThe UST GOLDEN NOTES is the annual student-edited bar review material of the University of Santo Tomas, Faculty of Civil Law. Communications regarding the Notes should be addressed to the Academics Committee of the Team: Bar-Ops. Address: Academics Committee UST Bar Operations Faculty of Civil Law University of Santo Tomas Espafia, Manila 1008 Tel.No: (02) 731-4027 (02) 406-1611 loc. 8578 Academics Committee Faculty of Civil Law University of Santo Tomas Espafia, Manila 1008 All rights reserved by the Academics Committee of the Faculty of Civil Law of the Pontifical and Royal University of Santo Tomas, the Catholic University of the Philippines. 2021 Edition. No portion of this material may be copied or reproduced in books, pamphlets, outlines ‘or notes, whether printed, mimeographed, typewritten, copied in different electronic devises or in any other form, for distribution or sale, withouta written permission. A copy of this material without the corresponding code either proceeds from an illegal ‘source or is in possession of one who has no authority to dispose the same. Released in the Philippines, 2021.ACADEMIC YEAR 2020-2021 CIVIL LAW STUDENT COUNCIL LYODYCHIEQ. CAMARAO PRESIDENT MARIA FRANCES FAVE R. GUTIERREZ VICE PRESIDENT INTERNAL ‘STEPHEN FLOYD A. GOPEZ VICE PRESIDENT EXTERNAL KRYSTAL GAYLER DIGAY SECRETARY NATHAN RAPHAEL D.L. AGUSTIN ‘TREASURER GIAN JUSTIN E. VERONA PUBLIC RELATIONS OFFICER IRIS ABIGAIL C. PORAQUE CHIEF-OF-STAFF UST BAR-OPS KRIZANINA B. MALALUAN CHAIRPERSON ELISHA ELAINE D. BAYOT VICE-CHAIRPERSON INTERNAL JOSEPHINE GRACE W. ANG VICE CHAIRPERSON EXTERNAL MARINETTE M. SOBREVILLA ‘SECRETARY ‘SARAH ANGELA D. EVA HEAD, PUBLIC RELATIONS OFFICER REBECCA JOY M. MALITAO HEAD, FINANCE COMMITTEE JEDIDIAH R. PADUA HEAD, HOTEL ACCOMMODATIONS COMMITTEE SABINA MARIA Hl. MABUTAS ASST. HEAD, HOTEL ACCOMMODATIONS COMMITTEE JOEMARI MATHEW R. AGARIN HEAD, LOGISTICS COMMITTEE JOHN FREDERICK A. NOJARA LOGISTICS COMMITTEE KIER JOHN V. UY LOGISTICS COMMITTEE CHRISTINE JOYCE P. ANDRES SENIOR MEMBER ELOUISA ANN DC. CARREON SENIOR MEMBER NICOLE MARIE A. CORTES SENIOR MEMBER PATRICIA MAE D. GUILLERMO SENIOR MEMBER GLENN MATTHEW C. MANLAPID SENIOR MEMBER CIARIT. MENDOZA SENIOR MEMBER ‘MARYLOU RENZI M. OLOTEO SENIOR MEMBER LOUELLE JUDE B. QUE SENIOR MEMBER JAMES ROSS L. TAN SENIOR MEMBER ATTY. AL CONRAD B. ESPALDON ADVISERACADEMICS COMMITTEE 2021 MARIA FRANCES FAYE R. GUTIERREZ SECRETARY GENERAL NATHAN RAPHAEL DL. AGUSTIN ASST. SECRETARY GENERAL JOHN EDWARD F. FRONDA EXECUTIVE COMMITTEE ‘ANGEL ISAH M, ROMERO EXECUTIVE COMMITTEE KIRBY ANNE C RENIA EXECUTIVE COMMITTEE KAREN ABBIE © ASPIRAS EXECUTIVE COMMITTEE JOSE CHRISTIAN ANTHONY I. PINZON EXECUTIVE COMMITTEE ‘MARIA FRANCES FAYE R. GUTIERREZ LAYOUT ARTIST CIARIT. MENDOZA COVER DESIGN ARTIST CIVIL LAW COMMITTEE 2021 MARY 0 S. REYES ‘SIVILLAW COMMITTEE HEAD MARIELLE E. RAMACOLA ASST, HEAD, CREDIT/PROPERTY CARA ANGELA N. FLORES ASST. HEAD, PERSONS AND FAMILY RELATIONS/ OBLIGATIONS AND CONTRACTS FLOREE FAYE F. PINZON ASST, HEAD, SUCCESSION/LTD MARY JOS. REYES ‘ASST. HEAD, TORTS ANTHONY LUIGI B. DE VERA ASST. HEAD, SALES/PAT MEMBERS PIO VINCENT R. BUENCAMINO (CHRISTIAN JADE R. RABINO LAWRENCE JERICHO B. ORTIZ JESSAMINE DENISE W. VALDES KRISTINE H. SERRANO (CHANELLE MIKAELLA T. ISIDRO KARA C. RAMOS JOANNA A. PAZ ANGELA MAY S, ALFONSO LARRY MARKS. MORALES ‘ABIGAIL P. MANALOTO HEATHER MARIAN M. AMOROSO CLARISSE M. LIBAN LANDREL M. MATAGA ATTY. KENNETH JAMES CARLO C. HIZON ATTY. KING JAMES CARLO C. HIZON ATTY. JOSHUA BARRIETA AdvisersACADEMICS COMMITTEE 2020 AYA DOMINIQUE S. CAPARAS SECRETARY GENERAL MARIA FRANCES FAYE R. GUTIERREZ, ASST. SECRETARY GENERAL RUTH MAE G. SANVICTORES EXECUTIVE COMMITTEE NICOLE G. AMANTE EXECUTIVE COMMITTEE JAYSON GABRIEL R. SORIANO EXECUTIVE COMMITTEE CARA ANGELA N. FLORES EXECUTIVE COMMITTEE IANA CASSANDRA Y. ESMILE EXECUTIVE COMMITTEE AYA DOMINIQUE S. CAPARAS LAYOUT ARTIST CIARIT. MENDOZA COVER DESIGN ARTIST CIVIL LAW COMMITTEE 2020 FLOREE FAYE. PINZON CIVIL LAW COMMITTEE HEAD MA. SELYNA V. RONO ASST. HEAD, CREDIT/PROPERTY MARY JO S. REYES ASST. HEAD, PERSONS AND FAMILY RELATIONS/ OBLIGATIONS AND CONTRACTS FAITH MARIE A. FLORES ASST. HEAD, SUCCESSION/LTD KATELYN LEANDER ASST. HEAD, TORTS FEBREA AREM R. MERCADO ASST. HEAD, SALES/PAT MEMBERS JOSE CHRISTIAN ANTHONY I. PINZON MARIE ANGELICA A. CORDOBA LAWRENCE MENDOZA ‘AIREI KIM P. GUANGA. HAIDEE AMABEL T. UY ARLEIGH SHAYNE A. CASTILLO DANICE GO GAN JOANNAH KIMBERLY R. GAMBOA JHEA VERONICA V. MENDOZA FRANZG. PAROHINOG ‘ANDREA D.G. GONZAGA PATRICK PAREDES [ANGELICA RUIZ ATTY. KENNETH JAMES CARLO C.HIZON ATTY. KING JAMES CARLO C. HIZON ATTY. LOVERLY AMODO BARQUEZ ATTY. JOSHUA BARRIETA, AdvisersFACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS ACADEMIC OFFICIALS ATTY. NILO T. DIVINA REV. FR. ISIDRO C. ABANO, 0.P. DEAN REGENT. ATTY. ARTHUR B. CAPILI FACULTY SECRETARY ATTY. ELGIN MICHAEL C. PEREZ LEGAL COUNSEL, UST CHIEF JUSTICE ROBERTO CONCEPCION LEGAL AID CLINIC JUDGE PHILIP A. AGUINALDO SWDB COORDINATOR LENY G. GADIANA, R.G.C. GUIDANCE COUNSELOROUR DEEPEST APPRECIATION TO OUR MENTORS AND INSPIRATION JUSTICE OSWALDO AGCAOILI DEAN AUGUSTO K. ALIGADA (+) ATTY. VINCENT Z. BOLIVAR ATTY. AMADO PAOLOC. DIMAYUGA ATTY. RAFAELITO M. GARAYBLAS (+) ATTY. RENE B. GOROSPE ATTY. JESUSA LAPUZ-GAUDIANO ATTY. ANICIA C. MARQUEZ ATTY. BENIGNO G. PAR, JR. ATTY. TEOFILO R. RAGADIO ATTY. MAURICIO C. ULEP JUDGE KATLYN ANNE AGUILAR-BILGERA JUDGE PHILIP A. AGUINALDO ATTY, RUBEN F. BALANE ATTY. ENRIQUE DELA V. CRUZ, JR. ATTY. IRVIN JOSEPH M. FABELLA. ATTY. ALDEN FRANCIS C. GONZALES JUDGE GEORGINA D. HIDALGO DEAN MARIA LIZA A. LOPEZ-ROSARIO ‘ASSOC. DEAN VIVIANA M. PAGUIRIGAN JUDGE MYRA B. QUIAMBAO ATTY. CARLA E. SANTAMARIA-SENA ATTY. RIGOR PASCUAL. For being our guideposts in understanding the intricate sphere of Civil Law. = Academics Committee 2021DISCLAIMER THE RISK OF USE OF THIS BAR REVIEW MATERIAL SHALL BE BORNE BY THE USERTABLE OF CONTENTS PART I -GENERAL PRINCIPLES LEffect and Application of Laws (Civil Code)... Conflict of Laws (Private International Law) HL Human Relations (Arts. 19-22, Civil Code)... PERSONS AND FAMILY RELATIONS. L Persons and Personality (Civil Code) IV. Rights and Obligations Between Husband and Wife (Family Code)... V. Property Relations ofthe Spouses (Family Code) VL. The Family (Family Code ‘A. The family asan institution B. The family home. VIL Paternity and Filiation (Family Code) Vill. Adoption... ‘A. Domestic Adoption Act of 1998 (RA. No. 8552). 1. When allowed. 2. Who can adopt 2. Adoptee. 4. Effects of domestic adoptioi 5. Grounds for rescission of the adoption. 6. Effects of rescission of adoption € Distinction between domesticadoption and inter-country adoption IX. Support (Family Code) X Parental Authority (Family Code)... Child Abuse Law (R.A. No. 7610), specifically Sec. 10 (©). XIL, Funerals (Arts. 305-310, Civil Code)... . Valid grounds for change of name. D. Middle names XIV. Absence... A. Declaration of absence (Art. 304, Civil Code) PART Il- PROPERTY IV. Hidden Treastre coc 193 V. Accession. VL. Quieting of Title... VIL. Co-ownership.. VIL. Possession... 1X. UsufructX Easement. XI. Nuisance XIl. Modes of Acquiring OwnersBPoavnnnnu XII. Donatior L.Definition.. ML Acqusitive Prescription nn. IIL Extinctive Prescription vo IV. Instances when prescription Is not: V. Prescription or limitation of actions iru. PART IV - SUCCESSION 1. General provisions.. IL Testamentary Succession... Wills. Non-delogability of will-makiny ‘Testamentary capacity and intent. ‘Soundness of mind Formal validity of wills... Governing law as to substantive validity . Notarial wills Special rules for handicapped testators.. ‘Substantial compliance..... > Requirements in case of alteration: Joint wills. Codicils... Incorporation by reference.. Revocation of wills |. Republication and revival of wil Probate requirement... Institution of heirs.. Preterition . Predecease, incapacity, and repudiation eve.snon0.n Right of Representation... 2EP ATOR mone CC. Legacies and Devises, IL Legal/ intestate succession ‘A. General provisions B. Order of intestate succession C_ Right of representation... D. Iron curtain rule. IV. Provisions common to testate and intestate succession. ‘A. Right of accretion. B. Capacity to succeed by will or intestacy nn 1. Persons incapable of succeeding 2, Relative incapacity to succeed. V. Acceptance and repudiation of the inheritance VL Partition and distribution of estate.PART V - OBLIGATIONS L Definition, Element TL Sources of Obligations ILL Nature and Effect of Obligations... IV. Kinds of Obligations. ‘A. Pure and Conditional. B. Obligations with a Period. . Alternative Obligations. D. Joint and Solidary Obligations... E. Divisible and Indivisible Obligations... F. Obligations with a Penal Clause.. \V.Extinguishment of Obligation. Payment or Performance Loss of the Thing Due. Condonation or Remission. Confusion or Merger of Rights Compensation Novation. mmoosp L Essential Requisites IL Objects, Cause and Form of Contracts... IN. Reformation of Instruments.. 1X. Interpretation of Contracts... V.Rescissible Contract... VI. Voidable Contracts VIL. Unenforceable Contracts... VIIL. Void and inexistent Contracts L General Principles. IL Nature and Form of Contract IL Capacity to Buy or Sell. 1. Obligations of the Vendor V. Obligations of the Vendee. Vi. Effects of the Contract when the Thing Sold has been Lost VIL. Remedies of the Parties. A. Installment Sales Law oF Recto LAW eon B._ Realty Installment Buyer Act or Maceda Law VIIL Extinguishment of Sale. 1X. Assignment of Credits L Classification of Trust... TL Kinds 0f Trustosemeno ‘A. Express Trust.. B. Implied Trust..PARTX - PARTNERSHIP L Contract of Partnership IL Rights and Obligations of Partnership. IL Rights and Obligations of Partners Among Themselves. IV. Obligations of Partnership /Partners to Third Person... V, Dissolution and Winding UP em. VL Limited Partnership. PART XI- AGENCY LNature, Form, and Kinds of Agency IL Obligations of the Agent... IL Obligations of the Principal. IV. Modes of Extinguishment of Agency, PART XII -LEASE L General Principle: a 610 TL Rights and Obligations of the Lessor andthe IL Remedies. sn PART XIII CREDIT TRANSACTIONS L.General Principles... IL Loan... MIL Pledge VIII. Personal Property Security Act. IX. Anticht S15 --s0on X Guaranty ani PART XIV - LAND TITLES AND DEEDS L General Principle: 715 ‘A. Regalian 715 B. Torrens system of registratio IL Original Registration ‘A. Who may apply for registration. 718 Acquisitions of title by law... 723 Patents under the Public Land A¢tesonnsnnnnsnnnnnn 724 Land patents. ~ Reclamation 728 Registration process and requirements. 734 Application... 734 Publication... 736 Opposition... Evidence required in land registration. Judgment and decree of registration wooo Writ of possession Decree of confirmation and registration Review of decree of registration BREPRTO RAZ MORPetition for annulment of judgment... ‘Claim against the assurance fund... Petition for review of decree of registration. Purchaser in good faith and for value . 8 Reversion... ). Reconveyanc 10. Quieting of title ©. Cadastral land registration, IL Certificate of Tite. A. Classification of ands. B. Citizenship requirement IV. Subsequent registration. A. Voluntary dealings .. B. Involuntary dealings.. V. Dealings with unregistered lands.. VI. Non-registrable properties. PART XV - TORTS AND DAMAGES Book I- Torts/Quasi- Delicts General Principles.. IM. The TOrtheas Of wnenvennennsnnnsnn IV. Special Liability in Particular Activities. V. Strict Liability. IX. Torts Concepts and Doctrines. ‘A. Res ipsa Loquitur B. Doctrine of Last Clear Chance.. C. Damnum Absque Injuria.... D. Presumption of Regularity .. E. Double Recovery. snnnnonmns Book Il - Damages General Principles.. IL Actual and Compensatory Damages... Il. Atorney’s Fees and Expenses of Litigation... IV. Moral Damages. LV, Nominal Damages «een VL. Temperate or Moderate Damages Vi. Liquidated Damages. VIL. Exemplary or Corrective Damages... VILL. Damages in case of Death...GENERAL PRINCIPLES GENERAL PRINCIPLES Gee Wer Law ‘Aquinas defined law as “an ordinance of reason for the common good, madeby him who has care of the community, and promulgated” (Republic v. Sandiganbayan, GR No. 104768, July 21, 2003) ‘Effectivity of laws ‘Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. ((New Civil Code (NCC), Art 2,as amended by EO 200)] Effectivity: It depends on whether or not it has provided a specific date for its effectivity: 1. Ifdate is specified - Upon the lapse of the said period following its complete publication and not before. 2. If no date is specified - 15-day period, which may either be on the 15th or on the 16th day depending on the language used by the Congress in fixing the effectivity date of the statute. (Rabuya, 2009) a. 15th day -Ifthe law declares that it shall become effective “15 days after its publication.” b. 16th day -If the law declares that it shall be effective “after 15 days following its publication.” 3. If the law provides for immediate effectivity or upon approval - It is effective immediately after its complete publication and not after signing by the President. 4, Ifthe law is voluminous- Reckoning shall begin from the release of the last of the clnless it is otherwise provided” provision ‘onefiectivity of aw This clause refers to the date of effectivity and not to the requirement of publication itself. The requirement of publication may not be omitted in any event. This clause does not mean that the legislature may make the law effective immediately upon approval, or on any other date without its previous publication, Publication requirement Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day (15) period shall be shortened or extended. (Umali v. Estanislao, G.R. ‘No. 104037, May 29, 1992; Tantade v. Tuvera, GR. ‘No, L-63915, December 29, 1986) Publication must be in full oF itis no publication atall since its purpose is to inform the public of the contents of the law. The mere mention of the number of the presidential decree, the title of such decree, its whereabouts, the supposed date of effectivity, and in a mere supplement of the Official Gazette cannot satisfy the publication requirement. This is not even substantial compliance. (Tafiade v. Tuvera, GR. No. L-63915, December 29, 1986) Indispensability of publication cr: I|aws are required to be published in full NOTE: The reason for this rule is that the basic constitutional requirement of due process must be satisfied. (Robuya, 2009) Without such notice and publication, there would be no basis for the application of the maxim ignoratia legis non excusat. (Rabuya, 2009) XPNs to the Publication Requirement: (ORLI) 1. Municipal Ordinances (governed by the Local Government Code); 2. Rules and regulations which are internal in nature; 3. Letters of Instruction issued by administrative supervisors on internal rules and guidelines; 4. Interpretative regulations regulating only the personnel of administrative agency. \XPNs to the XPNs: (DEP) Administrative rules and regulations that require publication: 1. The purpose of which is to implement or enforce existing laws pursuant to a valid Delegation; 2. Penal in nature;and UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW 3. IF it diminishes Existing rights of certain individuals. NOTE: Circulars issued by the monetary board are required to be published if they are meant ‘not merely to interpret but to “fill in details” of the Central Bank Act. As a rule, circulars which prescribe a penalty for violations should be Published before becoming effective. However, circulars which are mere statements of general policies as to how the law should be construed do not need publication in the Official Gazette for their publication. wi ish, 1. Official Gazette: or 2. Newspaper of general circulation in the Philippines. ‘Newspaper of general circulation For a newspaper to be considered of general ‘circulation: 1. It must be published within the court's jurisdiction 2. Itmust be published at regular intervals for disseminating local news and general information; 3. Ithas a bona fide subscription list of paying subscribers; and 4. Itis not devoted to the interest or published for the entertainment of a particular class, profession, trade, calling. race or religious denomination, (Alvarez v. People, GR. No. 192591, June 29, 2011) Honasan questions the authority and jurisdiction of the DO} panel of prosecutors to conduct a preliminary investigation and to ‘eventually file charges against him, claiming that since he is a senator witha salary grade of 31, itis the Office of the Ombudsman, not the DOJ, that has authority and jurisdiction to ‘conduct the preliminary investigation. DOJ claims that it has _ concurrent jurisdiction, invoking an OMB-DOJ Joint Circular which outlines the authority and responsibilities among prosecutors of the DO} and the Office of the Ombudsman in the conduct of preliminary investigations. Honasan counters that said circular is ineffective as it was never published. Is OMB- DO} Circular No. 95-001 ineffective because it was not published? ‘A: NO. OMB-DO} Circular No. 95-001 is merely an internal circular between the two offices ‘Which outlines the authority and responsibilities among prosecutors of the DO} and of the Office ‘ofthe Ombudsman in the conduct of preliminary investigations. It does not contain any penal provision nor prescribe a mandatory act or prohibit any under pain of penaity. it does not regulate the conduct of persons or the public, in general. It need not be published. (Honasan, Iv. The Panel of Investigating Prosecutors of the DO), GR.Na 159747, June 15, 2004) Q: The Sangguniang Bayan of Hagonoy, Bulacan enacted an ordinance which increased the stall rentals of the market vendors in Hagonoy. Art. 3 of the said ordinance provided that it shall take effect upon approval. The ordinance was posted from November 4 to 25, 1996. In the last week of November 1997, petitioners were personally given copies and ‘were informed that it shall be enforced in January 1998, The petitioners contended that the subject ordinance was not published as required by law. Did the ordinance comply with the rule of publication? ‘A: YES, An ordinance which increased the stall rentals of the market vendors has complied with the publication requirement when the same was posted in 3 conspicuous places. (Sec. 188, Local Government Code; Hagonoy v. Municipality, GR. No. 137621, February 6, 2002) NOTE: Within ten (10) days after their approval, Certified true copies of all provincial, city, and municipal tax ordinances or revenue measures shall be published in full for three (3) consecutive days in a newspaper of local circulation: Provided, however, that in provinces, cities and municipalities where there are no newspapers of local circulation, the same may be posted in at least two (2) conspicuous and publicly accessible places. (Sec. 188, Local Government Code) Exceptionsto the publication requirement 1._Aminterpretative regulation; University oF SANTO TOMAS 2021 GoLpEN NotesGENERAL PRINCIPLES 2. A regulation that is merely internal in nature; and 3. A letter of instruction issued by an administrative agency concernit guidelines to be followed by subordinates in the performance oftheir duties. (Association of Southern Tagalog Electric Cooperatives, Inc. v. Energy Regulatory Board, GR. No. 192117, September 18, 2012) Q: Judge Ferdinand Villanueva was appointed as a presiding judge of MTC, Compostela-New Bataan. The following year, Judge Villanueva applied as Presiding Judge in several Regional Trial Courts. ‘The Judicial and Bar Council (BC) then informed him that he was not included in the list. The JBC’s decision upheld its long- standing policy of opening the chance for promotion to second-level courts to those judges who have served in their current positions for at least five years. Judge Villanueva then directly went to Court to assail the said policy on the ground it is unconstitutional; it violates the procedural due process for lack of publication. Did the JBC violate the procedural due process for not publishing the questioned policy? A: YES. The petition was dismissed but the SC directed the JBC to comply with the publication requirement of the assailed policy. According to SC, itis but a natural consequence that potential applicants be informed of the requirements to the judicial positions, so that they would be able to prepare for and comply with them. (Villanueva v. Judicial and Bar Council, GR. No. 211883, April 07, 2015) Examples of administrative issuances which, were not given force and effect for lack of ‘publication 1. Rules and regulations issued by the Joint Ministry of Health-Ministry of Labor and Employment Accreditation Committee regarding the accreditation of hospitals, media clinics and laboratories. 2. Letter of Instruction No. 416 ordering the suspension of payments due and payable by distressed copper mining companies. 3. Memorandum Circulars issued by the POEA regulating the recruitment of domestic helpers to Hongkong. 4. Administrative Order No, SOSPEC 89-08-01 issued by Philippine International Trading Corporation regulating applications for importation from the People's Republic of China. 5. Corporate Compensation Circular No. 10 issued by the Department of Budget and Management discontinuing the payment of other allowances and fringe benefits to government officials and employees. (Ulep, 2006) “A” allleges violation of his right to due process considering that he is summoned to attend the Senate hearings without being apprised not only of his rights therein through the publication of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation. Senate invoked the provisions of RA. No. 8792, otherwise known as the Electronic Commerce Act of 2000, to support their claim of valid publication through the internet. Did the publication of the assailed Rules of Procedure through the Senate's website satisfy the due process requirement of the law? A: NO, RA.8792 - Electronic Commerce Act of 2000 considers an electronic data message or an electronic document as a functional equivalent of a written document only for evidentiary purposes. It does not make the Internet a medium for publishing laws, rules or regulations. (Garcillano v. The House of Representatives Committee on Public Information, Public Order and Safety, National Defense and Security, Information and Communications Technology and Suffrage and Electoral Reforms, GR No 170338, December 23, 2008) 0 ci AW Presumption of knowledge of laws GR: Everyone Is conclusively presumed to know the law. Hence, ignorance of the law excuses no ‘one from compliance therewith. (NCC, Art 3) This conclusive presumption presupposes that the law has been published. Without such notice and publication, there would be no basis for the application of the maxim ignoratia legis non excusat. (Rabuya, 2009) UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW XPNs 1. Mistake upon a doubtful or difficult question of law may be the basis of good faith. (NCC, Art 526 (3) 2. Payment by reason of a mistake in the construction or application of a doubtful or difficult question of law may come within the scope ofthe preceding article. (NCC, Art 2155) 3. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties, Incidental fravd only obliges the Person employing it to pay damages. (NCC, Are 1344) NOTE: The rule is that any mistake on a doubtful ‘or difficult question of law may be the basis of ‘good faith. (Poe-Llamanzares v. Commission on Erections, G.R. Nos. 221697 & 221698-700, March 8.2015) Lawscovered ‘The laws referred to under Art.3 of the NCC are those of the Philippine Laws and it applies to all kinds of domestic laws, whether civil or penal, substantive or remedial. However, the article is Limited to mandatory and probibitery laws. It does not incude those which are merely permissive. (Rabuya, 2006) ‘Non-applicability to foreign laws Ignorance of a foreign law is a mistake of fact. ‘There is no presumption of knowledge of foreign laws. It must be alleged and proved as a matter of fact; otherwise, the doctrine of processual presumption will apply. Doctrine of Processual Presumption Also known as Presumed-identity approach; where a foreign law is not pleaded, or even if pleaded, is not proved, the presumption is that tthe foreign law is the same as Philippine Laws. In international law, the party who wants to have 2 foreign law applied to a dispute or case has the burden of proving the foreign law. The foreign law is treated as a question of fact to be properly pleaded and proved as the judge or labor arbiter cannot take judicial notice of a foreign law. He is presumed to know only domestic or forum law. (ATC! Overseas Corporation, et al. v. Echin, GR. No. 178551, October 11, 2010; See case of Del Socorro ¥. Brinkman GR. No. 13707 December 10, 2014) i flaw CSS FACT rN Want ‘of | Want of knowledge of | knowledge or some fact or | acquaintance facts with the laws constituting or | of the land Knowledge | relating to the | insofar as they reais | ec mates | apply tothe onhard | ae relation dy, or mater wonder consideration, When some | Occurs when a facts which | person having really exist are | full knowledge unknown or | of the facts Nature of | some fact is| come to an Mistake | supposed _to | erroneous exist. which | conclusion as really does not | to its legal exist. effects, ‘Good faithis an | Not excusable, Defense | excuse. even if in good faith, Q: Eduardo was married to Ruby. He then ‘met Tina and proposed marriage, assuring her that he was single. They got married and lived together. Tina, upon learning that Eduardo had been’ previously married, charged Eduardo for bigamy for which he was convicted. Eduardo testified that he declared he was “single” because he believed in good faith that his first wife was already dead, having not heard from her for 20 years, and that he did not know that he had to go to court to seek for the nullification of his first ‘marriage before marrying Tina. Is Eduardo liable for the crime of bigamy? A: YES. Eduardo is presumed to have acted with malice or evil intent when he married ‘Tina. Mistake of fact or good faith of the accused isa valid defense in a prosecution for a felony by dolo; such defense negates malice or criminal intent. However, ignorance of the law is not an excuse because everyone is presumed to know the law. Eduardo has the burden to prove that University oF SANro Tomas 2021 GoLpEN NotesGENERAL PRINCIPLES when he married Tina, he has a well-grounded belief that his first wife was already dead. He should have adduced in evidence a decision of a competent court declaring the presumptive death of his first wife as required by Art. 349 of the RPG, in relation to Art. 41 of the FC. Such judicial” dedaration constitutes proof that Eduardo acted in good faith, and would negate criminal intent on his part when he married the private complainant.(Manuel v. People, GR No. 165842, November 29, 2005) @ Complainants who were connected with the Daily Informer (a widely circulated newspaper in Western Visayas) were ‘charged before the MTC by Judge Pamonag of the crime of libel. Respondent judge conducted a preliminary investigation and thereafter issued warrants for the arrest of the complainants. Complainants filed an administrative case against the judge for gross ignorance of the law. They contended that the judge neither has authority to conduct 2 preliminary investigation nor to issue warrants for their arrest. The judge said that it was his first libel case and that he issued the warrants in good faith. Is the respondent guilty of gross ignorance of the law? ‘A: YES. Judges are expected more than just cursory acquaintance with statutes and procedural rules. They must know the law and apply them properly in good faith. The provisions of Art. 360 of the RPC on the persons authorized to conduct preliminary investigation in libel cases is elementary. Not to know it constitutes gross ignorance of the law. (Miague ¥- fudge Pamonag, A.M. No. MT)-02-1412, March 28,2003) @ Cheong Boo, a native of China died intestate in Zamboanga. He left a property worth P100,000, The estate of the deceased was claimed on one hand by Gee, who alleged that he was a legitimate child by a marriage contracted by Boo with Tan Dit in China in 1895. The estate was claimed, on the other hand, by Mora Adong who alleged that she had been lawfully married to Boo in 1896. Gee introduced in evidence a document in Chinese stating the marriage ceremony that took place in Amoy, China. Is the document presented by Gee sufficient enough to prove the Chinese marriage of Cheong Boo and Tan Dit? A: NO. The Supreme Court held that the document is not sufficient to prove the Chinese ‘marriage between Cheong Boo and Tan Dit. Gee only presented a document in Chinese stating the alleged marriage ceremony but there is no competent testimony as to what the laws of China in the Province of Amoy concerning marriage were in 1895. Therefore, there is lacking proof so clear, strong and unequivocal as to produce a moral conviction of the existence of the alleged prior Chinese marriage. Ignorance ofa foreign law is not ignorance of the law but of fct because such foreign law must be first alleged and proved as a matter of fact, there being no judicial notice of said foreign law. Thus, the Chinese marriage was not adequately proved, (Estate of Boo v. Gee, GR. No. 18081, March 3, 1922) [3 0 Ts Laws shall have no retroactive effect, unless the contrary is provided. (NCC, Art. 4) ‘Retroactive law ‘A legislative act that looks backward or contemplates the past, affecting acts or facts that existed before the act come into effect. (Black's Law Dictionary, 2009) ‘Retroactive effect oflaws GR: Laws shall have no retroactive effect (lex rospicit, non respict) XPNs: (TINCREEP) Tax laws; Interpretative statutes; Laws creating New substantive rights; Curative statutes; Remedial/procedural; NOTE: Statutes regulating the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retrospective in that sense and to that extent. (Mun. Gov't of Coron v. Carino, GR. Na. 65694, September 24, 1987) 6. Emergency laws; 7. When Expressly provided; UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW 8 Penal laws favorable to the accused provided, the accused is not a habitual delinquent. XPNsto the XPNs: Ifthe application of the retroactive law: Impairs obligation of contracts; 2. Isin the nature of ex post facto law or a bill of attainder, 3. Divests vested rights; or 4. Is constitutionally forbidden. (Black's Law Dictionary, 2009) NOTE: In case of doubt, laws apply prospectively. Accused-appellant Belen Mejares was adjudged guilty of the crime of qualified theft of cash and jewelry amounting to P1,056,308.00. Meanwhile, on August 29, 2017, the President signed into law RA. No. 10951 that sought to help indigent prisoners and individuals accused of committing petty crimes. It also increased the baseline amounts and values of property and damage ‘to make them commensurate to the penalties meted on the offenses committed in relation to them. Should the penalties under the new law benefit Mejares? A: YES. RA. No. 10951 has since come into effect during the pendency of this case. It likewise ‘specifically stipulates that its provisions shall have retroactive effect Section 100 adds that this retroactivity applies not only to persons accused of crimes but have yet to be meted their final sentence, but also to those already “serving sentence by final judgment.” This retroactivity is in keeping with the principle already contained in Article 22 of the RPC that “penal laws shall have a retroactive effect in so far as they favor the person guilty ofa felony.” Given these circumstances, it is proper for this Court to adjust the penalty to be imposed on accused-appellant. (People v. Mejares, GR. No. 225735, January 10, 2018 as penned By J. Leonen) Non-retroactivity of laws vis-d-vis_judidal decisions Judicial decisions have no retroactive effect. When a doctrine of the Supreme Court is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not apply to parties who had relied fon the old doctrine and acted on the faith thereon. (Rabuya, 2009) Lexorospicit. non respicit ‘The maxim means, “the law looks forward not backward”. The retroactive application of a law usually divests rights that have already become vested or impairs the obligations of contract and hence, is unconstitutional. (Chavez v. PEA, GR. ‘No. 133250, May 6, 2003) Retroactivity clause of the Family Code 12005. 2010 BAR) ‘The Family Code shall have retroactive effect insofar as it does not prejudice or impair vested ‘or acquired rights in accordance with the Civil Code or other laws. (FC, Art. 256) MANDATORY AND PROHIBITORY LAWS Mandatory law A law or a provision in a statute is said to be mandatory when disobedience to it, or want of ‘exact compliance with it, will make the act done under the statute absolutely void. (Black's Law Dictionary, 2008) Prohibitory law A law or a provision in a statute is said to be prohibitory when it forbids a certain action. (Black's Law Dictionary, 2009) Permissive law A law or a provision in a statute is said to be permissive or directory when it allows certain acts but does not command them. (Black's Law Dictionary, 2009) Miolation of Mandatory or Prohibitory Laws, GR: Acts executed against the provisions of mandatory or probibitory laws shall be void. (NCC, Art. 5) XPNs: When the law: 1. Itself authorizes its validity (e.g. lotto, sweepstakes); University oF SANTO TOMAS 2021 GoLpEN NotesGENERAL PRINCIPLES 2, Makes the act valid but punishes the violator (eg. Marriage solemnized by a person not authorized to do so); 3. Makes the act merely voidable; 4, Declares the nullity of an act but recognizes its effects as legally existing (e.g, Child born after the annulment of marriage is considered legitimate). Pree Waiver Its a voluntary and intentional relinguishment or abandonment of a known existing legal right, advantage, benefit, claim or privilege, which ‘except for such waiver the party would have enjoyed. ‘The voluntary abandonment or surrender, by a capable person, of a right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefit; or such conduct as warrants an inference of the relinquishment of such right: or the intentional doing of an act inconsistent with claiming it. (Cruz & Co, Inc. v. HR Construction Corp, G.R. No. 187521, March 14, 2012) NOTE: Waivers can be express or implied, however, it cannot be presumed. It must be early and convincingly shown, either by express stipulation or acts admitting no other reasonable explanation. ‘Bight It is a legally enforceable claim of one person against another, that the other shall do a given act, or shall not do a given act. (Pineda, 2009) ‘Kinds of rights 1. Natural Rights - Those which grow out of the nature of man and depend upon personality (e9. right to life, liberty, privacy, and good reputation); 2. Political Rights ~ Consist in the power to participate, directly or indirectly, in the establishment or administration of, government (eg. right of suffrage, right to hold public offic, right of petition); and 3. Givil Rights Those that pertain to a person by virtue of his citizenship in a state or community (eg. property rights, marriage, equal protection of laws, freedom of ‘contract, trial by jury). (Pineda, 2009) hts of personality or human rights; b. Family rights; and . Patrimonial rights: Real rights; Personal rights. (Rabuya, 2009) whi iv 1. Right to live and right to future support. 2. Right to personality and family rights. 3. Right to future inheritance. NOTE: This is especially so if the waiver is intended to prejudice creditors. Hence, if an heir repudiates the inheritance tothe prejudice of his own creditors, the latter may petition the court toauthorize them to accept it in the name of the heir. (NCC, Art. 1052; Albano, 2013) NOTE: If a candidate for mayor agrees to split his term of office with the vice-mayor to prevent the latter from running against him, the contract is void by reason of public policy. (Albano, 2013) Waiver oftighis GR: Rights may be waived. XPNs: 1. Ifwaiver is: a. Contrary tolaw, public order, public policy, morals or good customs; b. Prejudicial to a third person with a right recognized by law. (eg. If A ‘owes B P10M, B cannot waive the loan if B owes Cand B has no other assets), 2. Ifthe right is: a. Anatural right, such as right to life; bb. Inchoate, such as future inheritance. Aperson may waive any matter which affects his property, and any alienable right or privilege of which he is the owner ar which belongs to him for to which he is legally entitled, whether secured by contract, conferred with statute, or guaranteed by constitution, provided such rights and privileges rest in the individual, are intended for his sole benefit, do not infringe on the rights of others, and further provided the waiver ofthe right or privilege is not forbidden UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW by law, and does not contravene public policy. (Cruz & Ca, Inc. v. HR Construction Corp, 6.R. No. 187521, March 14, 2012) ‘Requisites of a valid waiver 1. Waiving party must actually have the right heis renouncing; 2. He must have full capacity to make the 3. Waiver must be clear and unequivocal; 4, Waiver must not be contrary to law, public order, public morals, etc; and ‘When formalities are required, they must be complied with, Q: Edna filed an action for support against Colonel Otamias. A deed of assignment was executed by Otamias where he waived 50% of his pension benefits in favor of Edna and his children. The RTC issued a notice of garnishment to AFP Pension and Gratuity Management Center and ordered the automatic deduction of support from the pension benefits of Colonel Otamias. The CA annulled the order of the RTC and cited PD No. 1638 which provides for the exemption of the monthly pension of retired military personne! from execution and attachment. Did Colonel Otamias validly waive the ‘exemption granted by PD no. 1638 upon the ‘execution of the deed of assignment? A: YES. Under Artide 6 of the Civil Code, rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good ‘customs, or prejudicial to a third person with a right recognized by law. When Colonel Otamias executed the Deed of Assignment, he effectively waived his right to claim that his retirement benefits are exempt from execution. The right to receive retirement benefits belongs to Colonel Otamias. His decision to waive a portion of his retirement benefits does not infringe on the right of third persons, but even protects the right of his family to receive support. The Deed f Assignment executed by Colonel Otamias was not contrary to law; it was in accordance with the provisions on support in the Family Code. Hence, there was no reason for the AFP PGMC not to recognize its validity. (Edna Mebugay- Ocamias, fffren M. Otamias and Minor Jeriwel M. Otamias, represented by their Mother Edna ‘Mabugay Otamias v. Republic of the Philippines, represented by Col Virgilio 0. Domingo, in his capacity as the Commanding Officer of the Pension and Gratuity Management Center (PGMC) Of the Armed Forces of the Philippines, GR. No. 189516, June 08, 2016, as penned by J. Leonen) fea It is the abrogation of an existing law by a legislative act. (Blacl’s Law Dictionary, 2009) Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. (Art. 7,1* par.) Wavs of repealing laws 1. Express - If the law expressly provides for such; 2. Implied - Ifthe provisions of the subsequent law are incompatible or inconsistent with those of the previous law, provided, it is impossible to reconcile the two laws. Requisites ofan implied repeal, 1. The laws cover the same subject matter; and 2 The latter is repugnant to the earlier. (Rabuya, 2009) NOTE: Implied repeals are NOT to be favored because they rest only on the presumption that because the old and the new laws are incompatible with each other, there is an intention to repeal the old. (Rabuya, 2009) Q Sunrise executed an undertaking to construct a city road at its own expense, subject to reimbursement through tax credits. The trial court issued a writ of preliminary injunction to enjoin persons from obstructing Sunrise Garden in proceeding with the construction of the city road. The Court of Appeals directed the Division Clerk of Court to issue the writ of preliminary injunction —_ enjoining respondents, its agents or representatives from implementing the trial court's amended writ of injunction. Sunrise Garden cited PD No. 1818 which prohibits a court from issuing preliminary injunction in any case involving an infrastructure project. When this case was filed, RA No. 8975 was already effective which provides for an express repeal of FD No. 1818. RA No. 8975 prohibits the Issuance of preliminary injunction University oF SANro Tomas 2021 GoLpEN NotesGENERAL PRINCIPLES against the government or any person to restrain the development of any national government project. Is the allegation of Sunrise acceptable? 10. PD No. 1818 has been repealed by RA No. 8975. The repealing clause of RA No. 8975 provides for an express repeal. The Supreme Court has held that implied repeals are not favored, and “the failure to add a specific repealing clause indicates that the intent was not to repeal any existing law." The express repeal of Presidential Decree No. 1818 dearly indicates Congress’ intent to replace Presidential Decree ‘No, 1818 with Republic Act No. 8975. The new law covers only national government infrastructure projects. This case involves a local government infrastructure project. Hence, Sunrise's contention is untenable. (Sunrise Garden Corporation v. Court of Appeals And First Alliance Real Estate Development, Inc, GR. No. 158836, September 30, 2015, as penned by J. Leonen) lnstances of implied repeal 1. When the provisions in the two acts on the same subject matter are irreconcilably contradictory, in which case, the later act, to the extent of the conflict, constitutes an implied repeal of earlier one; and 2. When the later act covers the whole subject ofthe earlier one and is clearly intended as a substitute; thus, it will operate to repeal the earlier law. (Carmelita Lledo v. Atty. Cesar V. Lledo, AM. No, P-95-1167, February 9, 2010) vival ofr w. If the 1* law | Ifthe 1* law is is expressly | repealed by repealed by | implication by the 2 law | the2%!law and Manner ot | te 2 [tte hws peal | aw is | repealed by repealed by | the3“ law. the 3“law, The I= law is |The 1* law is NOT revived | revived unless Etfectof | unless otherwise Repeal | expressly _| provided. provided so. Conflict between general and special laws If the general law was enacted prior to the special law, the latter is considered the exception to the general law. If the general law ‘was enacted after the special law, the special law XPNs: 1. There isan express declaration; 2. There is a clear, necessary and irreconcilable conflict; or 3, The subsequent general law covers the whole subject and is clearly intended to replace the special law on the matter. (Rabuya, 2009) ‘Sclf-lapsing laws Laws that provide for their limited application (eg. House Rental Law, Annual Appropriations at, Import Control Law), Eee Judicial decisions applying or interpreting the law or the Constitution shall form a part of the legal system of the Philippines. (NCC Art. 8) (1994BAR) Judicial decisions are evidence of what the laws ‘The judicial decisions form part of the law of the land as of the date of the enactment of said law. The Supreme Court's interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. However, the decisions referred to in Art. 8 of the NCC are only those enunciated by the SC. The decisions of subordinate courts are only persuasive in nature, and can have no mandatory effect. (Rabuya, 2009) When a doctrine is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not prejudice parties who relied on the old doctrine. Doctrine of Stare Decisis It is adherence to judicial precedents. Once a question of law has been examined and decided, it should be deemed settled and closed to further argument. However, when in the light of changing conditions, a rule has ceased to be UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW beneficial to the society, courts may depart from it Obiter Dict ‘An opinion expressed by a court upon some ‘question of law which is not necessary to the decision of the case before it Such are not binding as precedent. (Rabuya, 2009) Dene Rendering of judgment by reason of silence olla No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (NCC, Art 9) (2003 BAR) However, in criminal prosecutions, the judge must dismiss the case if person is accused of a non-existent crime following the maxim “aullum ‘crimen, nulla poena sine lege. (Rabuya, 2009) NOTE: This duty, however, is not a license for ‘courts to engage in judicial legislation. The duty of the courts is to apply or interpret the law, not tomake or amend it. Guidelines on rendition of decisions under Aro 1. When there is no law exactly applicable to the point in controversy, the custom of the place shall be applied and in default thereof, the general principles of law; Decisions of foreign courts; Opinions ofknown authors and professors; Applicable rules of statutory construction, Principles formulated in analogous cases. cos APPLICAB Peed Presumption in case of dowbt in the interpretation of laws In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (NCC, Art. 10) (2003 BAR) Incase of silence, obscurity or insufficiency, ofthe law with respect to a particular somtroversy If the law is silent or is obscure or insufficient ‘with respect to a particular controversy, the judge shall apply the custom of the place, and in default thereof, the general principles of law and justice. Customs which are contrary to law, public order, public policy shall not be countenanced. (NCC, Art 11) Customs Customs are rules of conduct, legally binding and obligatory, formed by repetition of acts uniformly observed as a social rule. Necessity of proving customs GR: A custom must be proved as a fact, according to the rules of evidence. (NCC, Art. 12) XPN: Courts may take judicial notice of a custom if there is already a decision rendered by the ‘same court recognizing the custom. Requisites before such_custom could be ‘sonsidered a source ofright 1. Plurality of acts; 2. Uniformity of acts; 3. General practice by the great mass of the people of the country or community; 4. Continued practice for a long period of time: 5. General conviction that the practice is the proper rule of conduct; and 6. Conformity with law, morals or public policy. (Tolentino, 1987) Application of customsin civil cases In civil cases, customs may be applied by the courts in cases where the applicable law is: 1. Silent; 2. Obscure; or 3. Insufficient. NOTE: Provided said customs are not contrary tolaw, public morals, ete ‘Non-applicability of customs in_criminal cases University oF SANro Tomas 2021 GoLpEN NotesGENERAL PRINCIPLES In criminal cases, customs cannot be applied because of the maxim nullum crimen nulla poena sine lege (There is neither crime nor punishment, without a lew), a ‘Computation of period 1. Year - 12 calendar months. (CIR v. Primetown Property Group, Inc, GR. No. 162155, August 28, 2007) NOTE: In the said case, the Supreme Court declared that the provision of Section 31, Chapter VIl, Book I of the Administrative Code of 1987, being a more recent law, governs the computation of legal periods with respect to counting "a year.” A Calendar Month is “amonth designated in the calendar without regard to the number of days it ‘may contain.” It is the “period of time running from the beginning of acertain numbered day of the next month, and if there is not sufficient umber of days in the next month, then up to and including the last day of that month.” Mlustration: One calendar month from December 31. 2007 will be from January 1, 2008 to January 31, 2008; one calendar month from January 31, 2008 will be from February 1, 2008 until February 29, 2008. Hence, twelve calendar ‘months from December 31, 2007 is December 31, 2008; while twelve calendar months from January 31, 2008 to January 31, 2009. (Rabuya, 2009) 2. Month - 30 days, unless designated by their name, in which case, they shall be computed according to the number of days which they respectively have; from sunsetto sunrise; Week - 7 successive days regardless of ‘which day it would start; 6. Calendar week - Sunday to Saturday. NOTE: In the computation of period, the first day shall be excluded, and the last day included. ‘ULthe last day falls on a Sunday or a legal holiday If the act to be performed within the period is: 1. Prescribed or allowed by: a. The Rules of Court; b. Anorder ofthe court; or © Any other applicable statute. The last day will automatically be the next working day. 2. From a contractual relationship - The act will still become due despite the fact that the last day falls on a Sunday or a legal holiday. This is because obligations arising from ‘contracts have the force of the law between the contracting parties. Fr UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW aera et ‘GENERAL PRINCIPLES Private International Law It is a part of the municipal law of a state which directs its courts and administrative agencies ‘when confronted with a legal problem involving foreign element, as to whether or not they should apply the foreign law. Conflict of laws Itis the inconsistency or difference between the laws of different states or countries, arising in the case of persons who have acquired rights, incurred obligations, injuries or damages, or le contracts, within the territory of two or more jurisdictions. (Black's Law Dictionary, Fifth Edition) mee es 1. Prescribes conditions under which a court for agency is competent to entertain proceedings with foreiga elements; 2. Specifies the circumstances in which foreign judgment will be recognized as valid and binding in the forum; and 3. Determines the particular system of law for each class of cases to ascertain the rights of the parties (Paras, 1990) Elements of Conflict of laws. 1. Legal problem or case involving foreign element; Foreign element - a factual situation cutting across territorial lines, affected by diverse laws of two or more states. 2. Primary function is to determine whether the law or judgments of other state/s will govern and ifso, the extent of its recognition (or application in the forum. (Coquia, 2000) Private International Law vs. eee es ‘Twoviews 1. Monist schoo! - Both subjects are essentially the same, because they manifest a single concept of law, ultimately addressed to the same individual. 2. Dualist School - This school of thought differentiates private and public international law in the following manner: Municipal in | International in character character As (o persons involved Private individuals Sovereign states and other entities possessed of international personality Asto involved Private transactions | Transactions generally swith private | affect public interest; individuals or of interest only to sovereign states Asto remedies and sanctions Resort to municipal | Remedies may be tribunals peaceful or forcible RT 1. Family Code Atticles 10, 21, 26, 35, 36, 37, 38, 80, 96, 184, and 187 2. Civil Code Articles 14, 15, 16, 17, 015, 816, 819, 819, 829, 1039, 1319, and 1753 3. Penal Code Article 2 4. Corporation Code Section 133 ~ Doing business without a license 5. Constitution ‘Article IV and Article 5, Section 1 6. Rules of Court Rule 14 and 39, Section 48, Rule 131, Section 3 (n), 132, Section 35, STerzitariaiiey Prt Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of international law and to treaty stipulations. (NCC, Article 14) University oF SANro Tomas 2021 GoLpEN NotesCONFLICT OF LAWS Nationality principle Laws relating to family rights and duties or to the status, condition, and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (NCC. Article 15) ‘Lexreisitae Real property as well as personal property is subject to the law of the country where it is stuated. (NCC, Ardicle 16) Lex Loci Gelebrationis The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. (NCC Article 17) ‘Lex Loci Contractus Law of the contract. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. However, when forms and solemnities of the contract is performed in front of a Filipino diplomatic or consular office, Filipino solemnities will be used. (NCC, Art. 17) JURISDICTION AND CHOICE OF LAW JURISDICTION GR: Itis the right of a State to exercise authority over persons and things within its boundaries. ‘Bules to follow when the court is confronted witha case Involving aforeien element If the court is faced with a case involving a forcign element, it should first determine: 1. Whether it has jurisdiction over the case; 2. If it has no jurisdiction, it should be dismissed on that ground; 3. If thas jurisdiction, the court will determine whether it should assume jurisdiction or dismiss the case on the ground of forum non- ‘convenience; and 4. Once the court has determined it has jurisdiction over the case, it will next determine whether to apply the internal law of the forum or apply the proper foreign law. Forum Non Conveniens It refers to the refusal to assume because it will prove inconvenient for the forum. It is a device akin to the rule against forum shopping. It is designated to frustrate ie means for securing advantages and vexi Titgants that would otherwise be posible if the venue of litigation (or dispute resolution) were left entirely to the whim of either party. (Saudi Arabian Airlines (Saudia) v. Rebesencio, GR. No. 198587, January 14, 2015) Elements: That the Philippine Cour: Is one to which the parties may conveniently resortto; 2. Is in a position to make an intelligent decision aso the law and thefacts: and 3. Has or is likely to have power to enforce its decision. (Philippine National Construction Corp. v. Asiavest Merchant Bankers (M) Berhad, GR.No. 172301, August 19, 2015) Grounds for dismissal of the case on the basis ‘oiforum non conveniens 1. Evidence and witnesses may not be readily available in the forum; 2. Court dockets of the forum are already clogged which would hamper the speedy administration of justice; 3. ‘The matter can be better tried and decided in another forum; 4, To curb the evils of forum shopping: 5. The forum has no particular interest in the case, as when the parties are not citizens of the forum or are residents elsewhere; 6. Inadequacy of the local judicial machinery in effectuating the right sought to be enforced; 7. Difficulty in ascertaining the foreign law applicable. 1. Law of the forum expressly so provides in its conflicts rule; 2. Proper foreign law has not been properly pleaded and proved; or UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW 3. Case involves any of the exceptions to the application of the foreign law. Instances: 1, When the foreign law, judgment or contract, & Contrary to sound and established policy of the forum b. Contrary to almost__universally conceded principles of morality (contra bonus mores) «Involves procedural matters 4. Purely fiscal or administrative matters Involves real or personal property situated inthe forum 2. When the appli judgment or contract: mn of the foreign law, a. May work undeniable justice to the citizens/residents of the forum b. May work against vital interests & national security of the state of the forum ‘Doctrine of Processual Presumption oflaw When the proper foreign law has not been properly proved, the court of the forum may presume that said forcign law is the same as the law of the forum that said court can now apply. It applies when the foreign law is not alleged or ifalleged, itis not proved, Where a foreign law is not pleaded or, even if pleaded, is not proved, the court of the forum may presume that the foreign law applicable to the case is the same as the local or domestic law. Foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of them. Like any other fact, they mustbe alleged and proved. ‘A Philippine court may take judicial notice of a foreign law, as when the laws are already within its actual knowledge, such as when they are well and generally known or they have been actually ruled upon in other cases before it and none of the parties concerned claim otherwise. (PCIB v. Excolin, GR Nos. L-27860 & 27896, September 30, 1975) Q Thousands of banana plantation workers filed a complaint against 11 corporations including Chiquita Brands. They claimed that they have been exposed to a certain pesticide which caused serious and permanent damage to their reproductive system. Before pre-trial, the parties entered into a compromise agreement which explicitly stated that the law which shall govern its interpretation is the laws of Texas, United ‘States . On July 10, 2009, the RTC issued an Order directing the implementation of the Writ of Execution against Chiquita Brands and its subsidiaries and affiliates who are allegedly subsidiarily liable under the laws of ‘Texas. Is the RTC correct in applying the laws of Texas? ‘A: NO. Under the Compromise Agreement, the law that shall govern its interpretation is the law of Texas, United States. In this jurisdiction, however, courts are not authorized to take judicial notice of foreign laws. The laws of a foreign country must be properly pleaded and proved as facts. Otherwise, under the doctrine of. processual presumption, foreign law shall be presumed to be the same as domestic law. Unfortunately, there is no evidence that Texan las had been proven as a fact. Hence, the RTC should have applied the Philippine law. (Chiquita Brands, et al. ¥. RTC of Davao City, GR No. 189102, June 7, 2017, as penned by J. Leonen) Q:PNCC and Asiavest Holdings (M) Sdn. Bhd. (siavest Holdings) caused the incorporation ‘of an associate company known as Asiavest- CDCP Sdn. Bhd. (Asiavest CDCP), through which they entered into contracts to construct rural roads and bridges for the State of Pahang, Malaysia. In connection with this construction contract, PNCC obtained various guarantees and bonds from Asiavest Merchant Bankers (M) Berhad to guarantee the due performance of its obligations. The four contracts of guaranty stipulate that Asiavest Merchant Bankers (M) Berhad shall guarantee to the State of Pahang "the due performance by PNCC of its construction contracts... and the repayment of the temporary advances given to PNCC.” These contracts were understood to be governed by the laws of Malaysia. There was failure to perform the obligations under the construction contract, prompting the State of Pahang to demand payment against Asiavest ‘Merchant Bankers (M) Berhad's performance University oF SANTO TOMAS 2021 GoLpEN NotesCONFLICT OF LAWS bonds. It “entered into a compromise agreement with the State of Pahang by paying ... the reduced amount of [Malaysian Ringgit (MYR)] 3,915,053.54." Consequently, the corporation demanded indemnity from PNCC by demanding the amount it paid to the State of Pahang. Asiavest Merchant Bankers (00) Berhad filed a Complaint for recovery of sum of money against PNCC before the Regional Trial Court of Pasig. It based its action on Malaysian laws. Specifically, it invoked Section 98 of the Malaysian Contracts Act of 1950 and Section 11 of the Malaysian Civil Law Act of 1956. The trial court declared PNCC in default for failure to file any responsive pleading and allowed Asiavest Merchant Bankers (M) Berhad to resent its evidence ex parte. PNCC submits that the trial court could have invoked the Principle of forum non conveniens and refused to take cognizance of the case considering the difficulty in acquiring jurisdiction over the two Malaysian corporations and in determining PNC's exact liability. Can the trial court assume jurisdiction on the ground of forum non conveniens? ‘A: YES. PNCC argues that “in view of the compelling necessity to implead the two foreign corporations, the Trial Court should have refused to assume jurisdiction over the case on the ground of forum non conveniens, even if the Court might have acquired lurisdiction over the subject matter and over the person of the PNCC." We find that the trial court correctly assumed jurisdiction over the Complaint. "Forum non Cconveniens literally translates to ‘the forum is inconvenient" This doctrine applies in conflicts of law cases. It gives courts the choice of not assuming jurisdiction when it appears that itis rot the most convenient forum and the parties may seek redress in another one. It is a device “designed to frustrate illicit means for securing advantages and vexing litigants that would otherwise be possible if the venue of litigation (or dispute resolution) were left entirely to the whim of either party.” On the other hand, courts may choose to assume jurisdiction subject to the following requisites: (1) that the Philippine Court is one to which the parties may conveniently resort to; (2) that the Philippine Court is in a position to make an intelligent decision as to the law and the facts; and (3) that the Philippine Court has or is likely to have power to enforce its decison” ‘The determination of whether to entertain a case is addressed to the sound discretion of the court, which must carefully consider the facts of the particular case, ‘A mere invocation of the doctrine of forum non conveniens or an easy averment that foreign elements exist cannot operate to automatically divest a court ofits jurisdiction. It is crucial for courts to determine first if facts were established such that special circumstances exist to warrant its desistance from assuming Jurisdiction. PNCC is a domestic corporation with its main office in the Philippines. It is sae to assume that all of its pertinent documents in relation to its business would be available in its main office. Most of PNCC's officers and employees who were involved in the construction contract in Malaysia could most likely also be found in the Philippines. Thus, itis unexpected that a Philippine corporation would rather engage this civil suit before Malaysian courts. Our courts would be "better positioned to enforce the judgment and, ultimately, to dispense” in this case against PNCC. (Philippine Netional Construction Corporation V. Asiavest Merchant Bankers (M) Berhad, GR. 172301, ‘August 19, 2015, as penned J. Leonen) (CHOICE OF LAW Important Questions that Choice-of-Law Problems Seeks toAnswer 1. What legal system should control a given situation where some of the significant facts occurred in two or more states: and 2. To what extent should the chosen system regulate the situation. (Saudi Arabian Airlines v. CA, GR No, 122191, October 8, 1998) NOTE: Foreign law has no extraterritorial effect and any exception to this right must be traced to the consent of the nation. ‘Theories_on_why the forsign law may be piveneffect 1. Theory of Comity - The application of foreign legal systems in cases involving foreign element is proper, otherwise, the non-application would | constitute a disregard of foreign sovereignty or lack of comity towards other States. Comity is the recognition which one state allows 15 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW within its territory to the legislative, executive, or judicial acts of another state, having due regard both to international duty and convenience and to the rights ofits own citizens or of other persons who are under the protection of its laws. (Agpalo. 2004) Kinds a. Comity based on reciprocity b. Comity based on the persuasiveness of the foreign judgment, 2. Theory of Vested Rights - Courts enforce not the foreign law or foreign judgment but the rights vested under such law or judgment. Thus, rights acquired in one country must be recognized and legally protected in other countries. The forum will not apply the foreign law but will simply recognize the right vested by said law. 3. Theory of Local Law - This involves the appropriation of a foreign rule by the State of the forum and transforming it into a domestic rule. A foreign law is applied because our own law, by applying a similar rule, requires us to do so, as if the foreign law as become part of our internal or domestic law. 4, Theory of Harmony of Law - Identical or similar problems should be given identical and similar solutions, thus. resulting in harmony of laws. The application of the same or similar solution prevents the bad practice of forum shopping. 5. Theory of Justice - Choice of law should be determined by considerations of justice and social expediency and should not be the result of mechanical application of the rule or principle of selection. (CHARACTERIZATION ROT ‘These are a provision found in our own law which governs a factual situation possessed of a foreign element. It is usually expressed in the form of an abstract proposition that a given legal ‘question is governed by the law of 2 particular country (which may be an internal law or the proper foreign law), to be ascertained in the manner indicated in the provision. (Sempio-diy, 2004) Kinds of conflict rules, 1, One-sided rule - indicates when Philippine law will apply, the eg, Article 15 and Art. 818 of the Civil Code only apply to Filipinos 2. All-sided rule - indicates whether to apply the local law or the proper foreign law. 2 ine_of Qualification ‘or Classification) Itis the process of deciding whether or not the facts relate to the kind of question specified in a conflicts rule. (Saudi Arebian Airlines v. CA, GR ‘No. 122191, October 8, 1998) ‘Steps in characterization 1. The determination of facts involved; 2. The characterization of factual situation; 3. The determination of conflicts rule which is to be applied; 4, The characterization of the point of contact where the connecting factor: 5. The characterization of the problem as procedural or substantive; 6. The pleading and proving of the proper foreign law; and 7. The application of the proper foreign law to the problem, (Paras, 1990) QA (Iraqi government) granted B (Domestic corp.) a service contract for the construction of a building in Iraq. The bond was guaranteed by C (Domestic corp.). When it was ascertained that B will not be able to finish the project in the scheduled agreement, C paid the bond for the failure of B to complete such building. When C was claiming reimbursement, B refused to pay. ‘Thus, a case was filed. Should Philippine law govern in determining B's default? A: YES. It must be noted that the service contract between SOB and VPECI contains no express choice of the law that would govern it. In the United States and Europe. the two rules that now seem to have emerged as "kings of the hill” are: (1) the parties may choose the governing University oF SANTO TOMAS 2021 GoLpEN NotesCONFLICT OF LAWS Jaw; and (2) in the absence of such a choice, the applicable law is that of the State that “has the ‘most significant relationship to the transaction and the parties.” Another authority proposed that all matters relating to the time, place, and manner of performance and valid excuses for non-performance are determined by the law of the place of performance or ler loci solutions, which is useful because it is undoubtedly always connected to the contract ina significant way. In this case, the laws of Iraq bear substantial connection to the transaction, since one of the parties is the Iraqi Government and the place of performance is in Iraq. Hence, the issue of whether respondent VPECI defaulted in its obligations may be determined by the laws of rag. However, since that foreign law was not properly pleaded or proved, the presumption of identity or similarity, otherwise known as the pprocessual presumption, comes into play. Where foreign law is not pleaded or, even if pleaded, is ‘not proved, the presumption is that foreign law is the same as ours. (Philippine Export and Foreign Loan Guarantee Corporation v. VP. Eusebio Construction, Inc. Et Al, GR. No. 140047, July 13, 2004) Q: A, foreign corporation, won a collection case’ in Japan against B, a domestic corporation doing business in Japan. A filed a suit for enforcement of the judgment in the RTC of Manila. B assails the judgment on the ground that the Japanese court did not validly acquire jurisdiction over B's person since B was served with summons in the Philippines and not in Japan. Is B correct? Ac NO. It is settled that matters of remedy and procedure such as those relating to the service (f process upon a defendant are governed by the lex fori or the internal law of the forum. In this ‘ase, itis the procedural law of Japan where the judgment was rendered that determines the validity of the extraterritorial service of process (on B. As to what this law is a question of act, not of law. It may not be taken judicial notice of and ‘must be pleaded and proved like any other fact. B did not present evidence as to what that Japanese procedural law is and to show that under it, the assailed extraterritorial service is invalid. Accordingly, the presumption of validity and regularity of the service of summons and the decision thereafter rendered by the Japanese court must stand. (Northwest Orient Airlines, In. v.Court of Appeals and CF. Sharp & Company Inc, GR No 112573, February 9, 195) DOMICILEAND CITIZENSHIP PEST Personal law ‘The law which attaches to a person wherever he may go and generally governs his status, capacity, condition, family relations, and the consequences of his actuations. (Sempio-Diy, 2004) ‘Theories of personal law 1, The Nationality Theory or Personal ‘Theory - the status and capacity of a person is determined by the law of his nationality or national law. (Sempio-Diy, 2004) NOTE: The Philippines follows Nationality Theory. the 2, Domiciliary Theory or Territorial Theory = the status and capacity of a person is determined by the law of his domicile. (Ibid) 3. Situs or edectic theory ~ the particular place or situs of an event or transaction is ‘generally the controlling law. (Ibid) ‘Problems in applying the nationality ‘piinciple in dual or multiple citizenship Itarises from the concurrent application of jus soli and jus sanguinis at birth or from a refusal of certain States to accept a full application of the doctrine of expatriation, from marriage, or from a formal and voluntary act. 1. In matters of status, a person is usually considered by the forum as exclusively its own national. His additional foreign nationality is disregarded. 2. In case litigation arises in a third country, the law most consistently applied is that of the country of which the person is not only a national but where he also has his domicile or habitual residence, or in the absence thereof, his residence. ‘Theory of effective nationality A third state shall recognize exclusively in its territory either the nationality of the country of 17 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW which one is habitually and principally a resident, or the nationality of the country with which in the circumstances one appears to be in act most closely connected. (Hague Convention (01 Conflict Nationality Lawes, Art 5) On February 8, 1961, Lau Yuen Yeung applied for a passport visa to enter the Philippines as a non-immigrant. She stated that she desired to take a pleasure trip to visit her great grand uncle. On the date of her arrival, Asher Cheng filed a bond of P1,000 to undertake that Lau would depart the Philippines on or before the expiration of her authorized period of stay or within the period as in the discretion of the Commission of Immigration might properly allow. After repeated extensions, Lau was allowed to stay in the country until February 13, 1962. On January 25, 1962, she contracted a marriage ‘with Moy Ya Lim Yao, a Filipino citizen, As an alien woman, may Lau be considered as a citizen of the Philippines by virtue of her marriage to a Filipino? ‘A: YES. An alien woman may be deemed a Citizen of the Philippines by virtue of her marriage to a Filipino ctizen only if she possesses all the qualifications and aone of the Aisqualifications specified in the law, because these are the explicit requisites provided by law for an alien to be naturalized. Section 15 of the Revised Naturalization Law (Commonwealth Act ‘No. 473) provides that “Any woman who is now ‘or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines” Section 15 was obviously to accord to an alien woman, by reason of her marriage to 2 Filipino, a privilege not similarly granted to ‘other aliens. (Moy Ya Lim Yao “Alias” Edilberto Aguinaldo Lim And Law Yuen Yeung v. Commissioner of Immigration, GR. No. 1-21289 October 4, 1971) Ernesto S. Mercado and Eduardo Manzano were candidates for vice mayor of the City of Makati. Manzano won the elections, however his proclamation was suspended because a certain Ernesto Mamaril filed a petition for his disqualification and alleged that Manzano ‘was not a citizen of the Philippines but of the US. COMELEC 2nd Division granted the petition and cancelled the certificate of ‘candidacy on the grounds that dual citizens are disqualified from running any elective position under Sec40 of the LGC. But, ‘COMELEC en banc reversed the said decision. It found that Manzano acquired US citizenship by operation of the US Constitution. He was also a natural born Filipino Citizen by operation of 1935 Constitution, as his father and mother were Filipinos at the time of is birth. Atthe age of 6 his parents brought him in the country and registered him as an alien, but this however did not result in the loss of his Phil. Citizenship, as he did not renounce his Phil. Citizenship and did not take an oath of allegiance to the US. At the age of Majority, ‘Manzano registered himself as a voter and voted in the elections of 1992, 1995 and 1998, which effectively renounced his US Citizenship under American Law. Is Dual citizenship a ground for disqualification? ‘A: NO. Dual citizenship is different from dual allegiance. The phrase “dual citizenship” in RA 7160 must be understood as referring to “dual allegiance”, and persons with dual citizenshi not fall “under this disqualification. Citizenship is involuntary, it arises out of Circumstances like birth or marriage, while dual allegiance isa result of a person's volition. It isa situation wherein a person simultanecusly owes, bbysome positive act, loyalty to 2 or more states. ‘Also, Manzano upon filing his certificate for candidacy has elected Phil, Citizenship thus ‘terminating his dual citizenship. Particularly, he ‘made these statements: ‘Iam a Filipino citizen... Natural born. ! am not a permanent resident of, ‘or immigrant to, a foreign country. | am eligible for the office I seek to be elected..1 will support ‘the Constitution of the Philippines and will ‘maintain true faith and allegiance thereto... Such statement was sufficient to revoke his ‘American citizenship. (Mercado v. Manzano & COMELEC, GR. No. 135083 May 26 1999) Q: Teodoro Cruz was born in San Clemente, Tarlac, to Filipino parents making him a natural-born citizen of the Philippines. However, respondent Cruz was enlisted in the United States Marine Corps and, without the consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Filipino Citizenship by his naturalization asa US. citizen in connection with his service in the US. Marine Corps. Thereafter, respondent Cruz reacquired his Philippine University oF SANTO TOMAS 2021 GoLpEN NotesCONFLICT OF LAWS Gitizenship through repatriation under Republic Act No. 2630. He ran for and was elected as the Representative of the Second District of Pangasinan in the 1998 elections. He won over Antonio Bengson Ill, who was then running for reelection. Subsequently, Bengson filed a case with House of Representatives Electoral Tribunal (HRET) aiming that respondent Cruz was not qualified to become a member of the House of Representatives since he is not a natural- born citizen as required under Article VI, Section 6 of the Constitution. The HRET dismissed the petition for quo warranto and declared respondent Cruz was duly elected as a Representative. The HRET also denied Bengson’s motion for reconsideration. Can (Cruz, a natural-born Filipino who became an American citizen, still be considered a natural-born Filipino upon his reacquisition of Philippine citizenship? A: YES. Cruz can still be considered a natural- born upon his reacquisition of Philippine citizenship. He may have lost his Filipino citizenship when he rendered service in the Armed Forces of the United States. However, he subsequently reacquired Philippine citizenship under RA. No. 2630, Section 1, which provides: “Any person who had lost his Philippine citizenship by rendering service to, or accepting commission in, the Armed Forces of the United States, or after separation from the Armed Forces of the United States, acquired United States citize may reacquire Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines and registering the same with Local Civil Registry in the place where he resides or last resided in the Philippines. The said oath of allegiance shall contain a renunciation of any other citizenship” Cruz upon taking the required oath of allegiance to the Republic and having registered the same in the Civil Registry of Mangatarem, Pangasinan {in accordance with the aforecited provision, is deemed to have recovered his original status as a natural-born citizen, a status which he acquired at birth as the son ofa Filipino father. It bears stressing that the act of repatriation allows him to recover, or return to, his original status before he lost his Philippine citizenship. (Bengson v. HRET and Cruz, G.R. No. 142840. May 7,2001) Q: What are the effects of marriages of: 1) a Gitizen to an alien; and 2) an alien to a citizen on their spouses and children? ‘As The following are the effects: 1 Filipino citizens who marry aliens retain their Citizenship. unless by their act or omission. they are deemed, under the law, to have renounced it. (1987 Consticution, Art. IV, Sec. #) 2. Sec. 15 of the Revised Naturalization Law provides that 2 foreign woman who marries 2 Filipino citizen becomes a Filipino citizen provided she possesses all the qualifications and none of the disqualifications for naturalization. Sec. 15 was obviously to accord to an alien ‘woman, by reason of her marriage to a Filipino, a privilege not similarly granted to other aliens. On the other hand, a foreign man who marries a Filipino citizen does not acquire Philippine citizenship. But under Sec. 3 of the same law, in such a case, the residence requirement for naturalization will be reduced from 10 to S years. Under Sec. 1(2), Art IV of the Constitution, the children of an alien and a Filipino citizen are citizens of the Philippines. (Moy Ya Lim Yao “Alias” Edilberto Aguinaldo Lim and Lau Yuen Yeung v. Commissioner of Immigration, GR. No L-21289, October 4, 1971) Een Itis the place to which a person has a settled connection for certain legal purposes, either because his home is there or because that is the place assigned to him bylaw. Domiciliary or Territorial Theorv/Lex Domicili ‘The individual's private rights, condition, status, and capacity are determined by the law of his domicile. It is adopted mostly by common law countries with population consisting of different nationalities. Their unity may be achieved by adopting the law of their domicile. ‘Basic Fundamental principles of domicile 1. No person shall be without a domicile. 2A person cannot have two simultaneous domiciles. 3. Every natural person, as long as he is free and sui juris, may change his domicile at his pleasure. 4. A domicile once acquired is retained unless a new one is gained, 19 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW 5. ‘The presumption isin favor of continuance of domicile, the burden of proof is on the one who alleges that change of domicile has 6. To acquire a fresh domicile, residence and imtention must concur; to retain an existing domicile, either residence there or intention to remain must be present; to abandon a domic ence in a mew place and intention to abandon the old place must concur. (Gallego v. Verra, GR. No. L-48641, November 24, 1941) 1. Capacity 2. Actual physical presence in the place chosen; 3. Freedom ofchoice; and 4, Provable intent that it should be one's fixed and permanent place of abode - one’s home ~ hat is, there should be “animus manendi” (intent to remain) oF: revertendi” (intent not to return to the original abode). Legalclassifications ofdomicile 1, Domicile of origin - the domicile of a person's parents at the time of birth, 2. Constructive domicile — tablished by law after birth in case of persons under legal disability, regardless of their intention or voluntary act Bules_in_determining the domicile of a person domicile A minor follows the domicile of his parents. (Imelda Romualde2-Marcos v. Comelec, CR. No. 119976, September 18, 1995) birth: The domicile of his father at the time of his birth controls. ra Neen: T. If legitimate, the domicile of both parents. In case of disagreement, that of the father, unless there isa judicial order to the contrary. 2. If illegitimate, the domicile of the mother. 3. In case of absence or death of either parent, the domicile of the present parent. Even in the case of remarriage of the surviving parent, still his/her domicile determines the constructive domicile of the ‘minor child 4. If the child is adopted, the domicile of choice of the adopter is the child's constructive domicile. INSANES, IDIOTS, IMBECILES ‘The law assigns their domicile to them: 1. If they are below the age of majority, the rules on minors apply to them. 2. they are of age and have guardians, they follow the domicile of choice of their guardians. 3. IF they are of age and have mo guardians, their constructive domicile is their domicile of choice before they became Tis domicile of origin is that of his parents at the time of his birth, I parents are separated, the domicile of the custodial parent. His domicile of origin is that of the mother at_the time of his 1 The constructive domicile of the wife is the domicile of both ‘spouses, unless the law allows the wife to have a Wehe marriage | separate domicile for isvalid valid and compelling 21f there is legal separation between the spouses, the wife can have her own domicile University oF SANro Tomas 2021 GoLpEN Notes 20CONFLICT OF LAWS ‘of choice. 3. Ifthere is a separation de facto, the wife can also have a separate domicile. Apply the same niles when the marriage is valid. the marriage is valid ‘Ifthe marriage | However, after ‘is voidable annulment, the wife can freely select her own dimidleaf choice ‘The wife can have a Yih marie) foe sepsis rom thehushand iis domes De ove Fe conver or had possessed prior to his Petemer | incarceration, Soldiers: domicile before their enlsunent Ther danie & de_one Public officials | they had before they were or employers | sosgeed dsexhere abroad unless they voluntarily (diplomats, | adopt their place of ete.) employment as their — residence. 1. The ‘constructive domicile of the wife is the domicile of both spouses, unless the law allows the wife to have a separate domicile for valid and compelling 2. fF there is legal separation between the spouses, the wife can have her own domicile of choice. 3, Ifthere is a separation de facto, the wife can also have a separate domicile. Ifthe marriage ‘is voidable “Apply the same rules when the marriage is valid. However, after annulment, the wife can freely select her own domicile of choice. Ifthe marriage is void The wife can have a domicile separate from the husband. His domicile is the one he Convict — or had possessed prior to his od incarceration. Their domicile is thelr Soldiers domicile before their enlistment. Their domicile is the one Public officials | they had before they were ‘or employees | assigned —_ elsewhere, ‘abroad unless they voluntarily G@iplomats, | adopt their place of etc) employment as their permanent residence. Does leasing a condominium unit show an intention to establish not just a residence but a domicile of choice? ‘A: NO. While a lease contract may be indicative of the petitioner's intention to reside in a place, it does not engender the kind of permanency required to prove atandonment of one’s original domicile. (Agapito Aquino Y. COMELEC, Move ‘Makati Mateo Bedon and Juanito Iearo, GR. No. 120265, September 18, 1995) There are three requisites to acquire 2 new domicile: (1) Residence or bodily presence in a new locality; (2) An intention to remain there; and (3) An intention to abandon the old domicile, To successfully effect a change of domicile, one must demonstrate an actual removal or an actual change of domicile; a bona {fide intention of abandoning the former place of residence and establishing a new one and definite acts which correspond with the purpose. In other words. there must basically beanimus manendi coupled with animus non revertendi. The purpose to remain in or at the domicile of choice must be for an indefinite period of time; the change of residence must be voluntary: and the residence at the place chosen for the new domicile must be actual. (Poe- Llamanzares v. Commission on Elections, GR. Nes. 221697 & 221698-700, March 8, 2016) ): On January 26, 2010, Enrico Echivers filed a petition to exclude Luis Asistio from the permanent list of voters of Caloocan City. Echiverri alleged that Asistio isnota resident of Caloocan City, specifically not of 123 Interior P.Zamora St, Barangay 15, Caloocan City, the address stated in his Certificate of Candidacy for Mayor in 2010 elections. According to him, he found out that the Asistio’s address is non-existent. In defense, 21 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW Asistio alleged that he is a resident of No. 116, P. Zamaro St, Caloocan City, and a registered voter of Precinct No. 1811A because he mistakenly relied on the address stated in the contract of lease with Angelina dela Torre Tengco. Should Asistio be excluded from the permanent list of voters of Caloocan city for failure to comply with the residency required by law? ‘A: NO. Residency requirements for a voter are: fone, a least one-year residence in the Philippines; and two, at least, six months in the place where the person intends to two. Residence, as used in the law pre-scribing the {qualifications for suffrage and for elective office, is doctrinally settled to mean domicile, importing not only an intention to ina fixed place but also personal presence in that place, coupled with conduct indicative of such Intention inferable from a person's acts, activities, and utterances. Domicile denotes a fixed permanent residence where, when absent for business or pleasure, or for like reasons, one intends to return. In the ‘consideration of circumstances obtaining in each particular case, three rules must be borne in mind, namely: (1) that a person must have a residence or domicile somewhere; (2) once established, it remains until a new one is acquired; and (2) that a person can have but one residence or domicile ata time. Asistio has always been a resident of Caloocan city for more than 72 years. Asistio served in public office of Caloocan City in 1992, 1995, 1998, 2004 and 2007. in all of these occasions, Asistio cast his vote in the same city. ‘Taking these circumstances, it cannot be denied that Asistio has qualified, and continues to ‘qualify, as a voter of Caloocan city. There is no showing that he has established, or that he had consciously and voluntarily abandoned his residence in Caloocan City. Thus, he should remain in the Ist of permanent voters of Caloocan city. (Luis Asistio . Hon. Thelma Canlas Trinidad-Pe Aguirre, GR. No. 191124, April 27, 2010) FAMILY LAW AND PERSONAL CAPACITY Applicable Civil Code Provisions, 1. Laws relating to family rights and duties, or to the status, condition, and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad (NCC, Art. 15) 2. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4) (5) and (6), 36,37, and 38. (FC, Art. 26) GR: Under Article 26 of the Family Code, all ‘marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as ‘such, is also valid in the Philippines. XPN: If the marriage is void under Philippine law, the marriage is void even if it is valid in the country where the marriage was solemnized, viz: 1. Those contracted by any party below 18 years of age even with the consent of parents or guardians; [FC Art 35 (1)] 2. Those bigamous or polygamous marriages not falling under Art. 41, FC; (FC, Art. 35 (4)] 3. Those contracted through mistake of one contracting party as to the identity of the other; [FC, Are 35 (5)) 4. Those subsequent marriages that are void under Art. 53, FC; [FC Art. 35 (6)] 5. Marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential ‘marital obligations of marriage; (FC, Art 36) 6. Incestuous marriage; (FG, Art. 37) and 7. Void ab initio marriages or reasons of public policy. (FG, Art. 38) Effect_of laws. judements promuleated or ‘conventions agreed upon ina foreign country, ‘on Philippine prohibitive laws. GR: Prohibitive laws concerning persons, their acts, or property and laws which have for their object public order, public policy or good ‘customs are not rendered ineffective by laws, judgments promulgated or conventions agreed upon in a foreign country. XPN: Art. 26 par. 2 of the Family Code (FC), on mixed marriages where the foreigner obtained a divorce decree abroad and was thereby University oF SANTO TOMAS 2021 GoLpEN NotesCONFLICT OF LAWS ‘capacitated to remarry. Even though divorce is not recognized in the Philippines as a mode of terminating marriage, still the marriage is terminated by virtue of a judgment of divorce and issuance of a divorce decree by a foreign court. Q: Genevieve, a Filipino citizen, and Tetsushi Toyo (Tetsushi), a Japanese citizen, were married in Quezon City. After 19 years of marriage, the two filed a Notification of Divorce by Agreement, which the Mayor of Konohana-Ku, Osaka City, Japan received and was later recorded in Tetsushi’s family register as certified by the Mayor of Toyonaka City. Genevieve filed before the Regional Trial Court a Petition for judicial recognition of foreign divorce and declaration of capacity to remarry. In support of her Petition, Genevieve submitted a copy of their (1) Divorce Certificate, (2) Tetsushi'’s Family Register, (3) the Certificate of Acceptance of the Notification of Divorce, and (4) an English translation of the Civil Code of Japan. The RTC rendered a Judgment denying Genevieve's Petition noting that the copy of the Civil Code of Japan and its English translation submitted by Genevieve were not duly authenticated by the Philippine Consul in Japan, the Japanese Consul in Manila, or the Department of Foreign Affairs. Are the copy of the Japan Civil Code and its English translation sufficient to prove Japan's law on divorce, requiring no further authentication by the Philippine Consul in Japan, the Japanese Consul in Manila, or the Department of Foreign Affairs? A: NO. The English translation submitted by petitioner was published by Elbun-HoretSha, Inc, a private company in Japan engaged in publishing English translation of Japanese laws, Which came to be known as the EHS Law Bulletin Series However, these translations are “not advertised asa source of offal translations of Japanese laws," rather, it is in the KANPO or the Official Gazette where all official laws and regulations are published, albeit in Japanese. Accordingly, the English translation submitted by petitioner isnot an offical publication exempted from the requirement of authentication. (Genevieve Rosal Arreza, A.KA. “enevieve Arreza Toya” v. Tetsushi Toyo, Local Civil Registrar of Quezon City, and the ‘Administrator and Civil Registrar General ofthe ‘National Statistics Office. GR. No. 213198, July 01. 2019, as penned by J. Leonen) Q; Rhodora Tanaka, a Filipino wife married to Seiichi Tanaka, a Japanese national filed a Petition for Judicial Determination and Declaration of Capacity to Marry with the Regional Trial Court in order to judicially recognize her divorce against her husband. She presented a “Certificate of Acceptance of the Report of Divorce” she obtained from Japan, which was issued by the Mayor of Fukaya city, Japan, which was duly authenticated by the Philippine Consul in Japan. Is the “Certificate of Acceptance of the Report of Divorce” sufficient to prove that she and her husband have legally divorced and capacitated her to marry? A: YES. Under Article 26 of the Family Code, wherea marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereaiter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. ‘The Certificate of Acceptance of the Report of Divorce was accompanied by an Authentication issued by Consul of the Embassy of the Philippines in Tokyo, Japan. Considering that the Certificate of Acceptance of the Report of Divorce was duly authenticated, the divorce was validly obtained according to foreign spouse's law. Here, the national law of the foreign spouse states that the matrimonial relationship is terminated by divorce. The Certificate of Acceptance of the Report of Divorce does not state any qualifications that would restrict the remarriage of any of the parties. There can be no other interpretation than that the divorce procured by them completely terminates their marital tie. (Rhodora lumin Recho, aka. “Rhodora Racho Tanake,” v. Seiichi Tanaka, Local Civil Registrar of Les Pitas city, and the Administrator and Civil Registrar General of the National Statistics Office, Gk No, 199515, June 25, 2018, as penned by J. Leonen) ‘Requirements for the application of par 2 of ‘Att. 26 of the Family Code 1. It must be a case of mixed marriage (one party is Filipino and the other san alien); 2. The divorce must be obtained by the alien spouse and not by the Filipino spouse; and 23 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW NOTE: Whether the Filipino spouse initiated th foreign divorce proceeding or not, a favorable decree dissolving the marriage bond and capacitating his or her alien spouse to remarry will have the same result: the Filipino spouse will effectively be without a husband or wife. Divorces obtained abroad by Filipino citizens may validly recognized in the Philippines but only in cases of mixed marriages involving a Filipino and a Foreigner. (Republic of the Philippines V. Marelyn Tanedo Manalo, GR No, 221029, April 24, 2018) 3, The divorce obtained by the alien spouse must capacitate him or her to remarry. (Rabuya, 2009) dy of marriage case of mixed marriages Tf the marriage is valid under the law of ane of the spouses while void under the law of the other, the validity of the marriage upheld, unless marriage 1s universally incestuous or highly immoral (the same rule 128 to foreigners who get married abroad). ars between G nd erg ABROAD should be ‘The national law of the Filipino - Philippine law shouldbe followed - otherwise the country’s public policy would be violated as een A aes ee oe aan rd oe) Tpso facto becomes a Filipino citizen ifs does not suffer under any disqualification for naturalization Filipino citizen. ern Filipino husband National law of the husband shall govern (GR). ‘Law that governs the personal relations of she spouses GR: The personal relations of the spouses are governed by the national law of the husband. ‘Spouses ~ governing law (NCC Art. 15). XPN: Change of governing law. (NCC. Art. 15) Effects: 1, Ifthe spouses have the same nationality but they acquire a new nationality by their common act - their new national law will govern their personal relations 2. If the husband alone changes his nationality after the marriage - The law of the last common nationality of the spouses ‘would govern, 3. If the spouses retain their different nationalities after the marriage ~ National law of both spouses should govern. ‘CONTRACTS ‘The extrinsic or formal validity ~ is governed by lex loci celebrationis or lex loci contractus. (NCC, Art. 17) Lex loci contractus It means “the law of the contract,” the law that governs the intrinsic validity of a contract. Itmay be determined either through; 1. Lec voluntatis or the law specifically stipulated by the parties in their contract; or 2. Lex intentionis or the law intended by the parties in the absence of an express stipulation. orretcd ferment) of Pa Pomme Peete fern University oF SANro Tomas 2021 GoLpEN Notes 24CONFLICT OF LAWS sale, situs donation Lease of property: Lee A Lexsitus | Lersites | Le real rights Lee Lease of Personal | volunt ee | eet, | lawot | atisor oe " the | lexloci oomerea| is parties | intenti Pledge, chattel mortgaae, | je situs | Lexsitus | Le realestate situs mortgage, antichresis Ter lock Personal | volunt Contractof | Lex loci law of | atisor oan: — | celebration| “wo! | atisor ae « parties | intenti comract of ie Joan: | Lexsitus | Lersitus | JO ‘commodat Lease of service, agency, guaranty, Lex ‘suretyship loci NOTE: | Lexloci | Personal | volunt Agencyto | celebration law of | atisor lienateor | is parties | lex loci ‘encumber incenti real nis property is ‘governed by lex situs Contract of inc; Ter eempart | coion| Pm! | carriage the | atis (render parties services) Tiability for loss, destruction, deterioration of goods in transit: law of destination of goods. (NCC, Art. 1753) If COGSA applies, Limitation on liability applies, unless the shipper declares value of goods and inserts such declaration in the bill of lading. Contract for air transportation (Warsaw Convention) 1. The liability of the airline in case of death, injury to passengers, or loss or damage to ‘cargo is governed by Warsaw Convention. 2. If there was malice, gross negligence, or bad faith, or improper discrimination, carrier is liable for damages beyond those limited by Warsaw Convention. NOTE: If contracts involve encumbrances of property, real or personal, apply lex situs. If personal contracts aw on contracts will apply ‘SUCCESSION ‘Applicable Civil Code provisions 1. Real property as well as personal property is subject to the law of the country where it is stipulated, However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found (NCC, Art. 16). NOTE: Capacity to succeed is governed by the national law of the decedent. (NCC, Art. 1039) 25 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LawCivil LAW 2, The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. (NCC, Art. 816) NOTE: Proof that the will conforms to the laws mentioned is imperative. (Salud Teodoro Vda. De Perez. Hon. Tolete, GR. No. 76714, June 2, 1994) 3. Awill made in the Philippines bya citizen or subject of another country, which is executed in accordance with the law of the country of which he is a citizen or subject, and which might be proved and allowed by the law of his own country, shall have the same effect as if executed according to the laws of the Philippines, (NCC, Art 817) NOTE: Probate is an adjudication that the last will and testament of a person was executed with all the formalities required by law. It does ‘not pass upon the validity of the provisions of the will. The disallowance of a will being ‘essentially procedural in character, the law of the forum will govern the procedural matters. However, the court will look into the law of the foreign state where the suit was made as to whether the extrinsic requirements in the ‘execution of the will have been complied with. 4, Joint wills executed by Filipinos in a foreign country shall not be valid in the Philippines, even though authorized by the laws of the country where they may have been executed. (NCC Art 819) Q: How can a will executed abroad be made effective in the Philippines? A: A will made in a foreign country may be probated in the Philippines after sufficient proof is presented showing that the will was duly ‘executed in the manner required by law and that the testator had capacity at the same time he executed the will. Evidence necessary for the allowance of wills, which_have been probated outside the hilipnines 1. Due execution of the will in accordance with the foreign laws; 2. The testator has his domicile in the foreign country and not in the Philippines, 3. The will has been admitted to probate in such country: 4, The fact that the foreign tribunal is a probate court; and 5. The laws of a foreign country on procedure and allowance of wills. (Suntay v. Suntay, GR. ‘No, 132524, December 29, 1998) Ta A procedure whereby a jural matter presented is referred by the conflict of laws rules of the forum to a foreign state, the conflict of laws rules of which in turn refers the matter back to the law of the forum (remission) of a third state (transmission). (Coquia, 2000) Thus, it is clear that renvoi can arise only from conflict of rules and not from internal rules. What will the Court do, if itis confronted with a.case with a“Renvoi” Problem? A 1. Reject the renvoi ~ Ifthe conflict rules of the forum refer later the case to the law of another state, itis deemed to mean only the internal law of that state. Thus, the court will apply the foreign law. (Poras, 1990) 2. Accept the renvoi - Ifthe conflict rules of the Forum refer the case to the law of another state, it is deemed to include the totality of the foreign law (internal law and conflict of law rules). Thus, the court will recognize the referral back and apply the local law. (Ibid.) 3. Follow the Theory of Desistance - also referred to as “Mutual Disclaimer of Jurisdiction Theory.” The forum court upon reference to another state's law sees that such law is limited in application to its own nationals domidiled in its territory and has no provision for application to nationals domiciled outside of the territory. Hence the local court will apply the local law. NOTE: This has the same result as the acceptance of the Renvoi Doctrine but the process used by the forum court is to desist applying the foreign law. (Jbid.) 4. Make use of the Foreign Court Theor Forum a court assumes the same position that the foreign court would take if the case is litigated in the foreign state. University oF SANTO TOMAS 2021 GoLpEN NotesCONFLICT OF LAWS Double renvai Its that which occurs when the local court, in adopting the foreign court theory, discovers that the foreign court accepts the renvoi. (Sempio-diy, 2004) ‘Transmission It is the process of applying the law of a foreign state through the law of a second foreign state. Not the same as renvoi. Renvoi involves two laws while transmission involves three laws. (Paras, 1990) Renvoi ve, Transmission comes ‘runes ral with ferrin pectawitn | PON Tost or s “transmitting” Q Linnie Hodges, an American citizen from Texas, made a will in 1952. In 1957, she died while domiciled in Hloilo, Philippines. In her will, she left her entire estate in favor of her husband, Charles Hodges. It also states that should her husband later die, the entire estate shall be turned over to her brother and sister. A certain Avelina Magno, a trusted employee of the Hodges, was appointed as the estate's administratrix. When Charles died in 1962, his lawyer, Atty. Gellada filed a motion before the probate court (Linnie's estate) that Magno be temporarily appointed as the administratrix of Charles’ estate. According to Atty. Gellada, Charles left a will but the same cannot be presently presented. ‘The court granted the motion. When Charles’ will was later found, a petition for probate vas filed for the said will. Magno opposed the said petition contending that Charles should turn over the properties to Linnie’s brother and sister as provided in Linnie’s will. The probate courtdismissed the opposition. ‘Thereafter, the Philippine Commercial and Industrial’ Bank was appointed as administrator of Charles’ estate. However, ‘Magno refused to turn over the properties. According to Magno, Linnie was a citizen of Texas, USA at the time of her death. Thus, successional rights as to Linnie’s estate should governed by the law of Texas. What law should be applied in the case atbar? ‘A: The Supreme Court remanded the case back to the lower court. Both parties failed to adduce proof as to the law of Texas Further, the Supreme Court held that for what the Texas law is on the matter, is a question of fact to be resolved by the evidence that would be presented in the probate court. The Supreme Court, however, emphasized that Texas law at the time of Linnie’s death is the law applicable. Asto whether the law of Texas refers the matter back to Philippine laws must be proven by evidence presented before the court. (Philippine Commercial and Industrial Bank v. Hon. Venicio Excolin G.R Nos. L-27860 and L-27896 March 29, 1974) Q@ On November 8, 2001 Ruperta C Palaganas (Ruperta), a Filipine who became naturalized United States (U.S) citizen, died single and childless. in the last will and testament she executed in California, she designated her brother, Sergio C. Palaganas (Sergio), as the executor of her will for she had left properties in the Philippines and in the US. Respondent Ernesto C. Palaganas (Emesto), another brother of Ruperta, filed with the RTC a petition for the probate of Ruperta's will and for his appointment as special administrator of her estate. However, petitioners Manuel Miguel Palaganas (Manuel) and Benjamin Gregorio Palaganas (Benjamin), nephews of Ruperta, opposed the petition on the ground that Ruperta‘s will should not be probated in the Philippines but in the US. where she executed it. The RTC issued an order: (a) admitting to probate Ruperta’s last will; (b) appointing re-spondent Ernesto as special administrator at the request of Sergio, the US-based executor designated in the will and (c) issuing the Letters of Special Administration to Ernesto. CA affirmed. Cana will executed by a foreigner abroad be probated in the Philippines although it has not been previously probated and allowed in the country where it was executed? A: YES. The law does not prohibit the probate of wills executed by foreigners abroad although the same have not as yet been probated and allowed in the countries of their execution. A foreign will ‘can be given legal effects in our jurisdiction. The 27 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL Law