Dean Mawi Lecture NOTES

Dean Mawi Lecture (September 7, 2023)

1. Articles to be memorized:
a. Family code: Article 1, 36,
b. Civil code: Article 44,
2. Braganza – minors to pay the debt in so far as the amount benefitted. Thus, interest of the debt
should be excluded since it did not benefit them.
3. Minors: Below 15 yo – no criminal liability, Age 16 above – no criminal liability UNLESS acted
with discernment.
4. Family relations restricts one capacity to act
5. Legally absent – left no administrator to take care of his property.
6. Juridical person – capacity to act and juridical capacity commenced at the time of its
organization or incorporation by operation of law.
7. The nationality of a juridical person is essential for its ability to acquire public lands.
8. Domicile: (1) Physically present in a fixed place, (2) existence of animus manendi (intention to
return).
9. Residence is temporary while domicile is permanent. But for purposes of election, residence and
domicile may be used simultaneously.
10. The right to domicile is an inherent right. Every person is born with domicile.
11. It is not the date of marriage but the date of transaction that will determine the law governing
property relationships between spouses. **
12. If the wife is being maltreated by the husband, she has all the right to leave the conjugal abode
and may demand spousal support.
13. A Marriage Contract is the best evidence of marriage. BUT marriage may also be proved by other
evidence such as birth certificate.
14. Breach of promise to marry is not an actionable wrong
15. A total absence of essential and formal requisites renders the marriage void.
16. Essential defect – marriage voidable
17. Formal irregularity – invalid but will subject the person who caused such irregularity to criminal
administrative or civil sanction