C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.

KATRINA LEGARDA | 1
PERSONS: Midterms Reviewer NCC1-18 RAC 18-24: Chapter 5 OPERATION AND EFFECT OF LAWS Sec. 18. When Laws Take Effect. Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided. Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is expressly provided. Sec. 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be consulted. Sec. 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless expressly so provided. Sec. 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise. Sec. 23. Ignorance of the Law. Ignorance of the law excuses no one from compliance therewith. Chapter 6 OFFICIAL GAZETTE Sec. 24. Contents. - There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient importance to be so published; such documents or classes of documents as may be required so to be published by law; and such documents or classes of documents as the President shall determine from time to time to have general application or which he may authorize so to be published. The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority. NCC2/RAC18 Effectivity of NCC August 30, 1950 Cases: 1. Pesigan v Angeles a. Executive orders 2. Tañada v Tuvera a. A6 §6 1973 Constitution – matter of public concern b. Presidential Decrees 3. Fariñas v Executive Secretary a. Defective effectivity clause although does not make entire law invalid b. Tañada v Tuvera: “unless it is otherwise provided” refers to the date of effectivity and not the requirement of publication itself, which cannot in any event be omitted. c.Laws which amends old laws 4. MRCA v CA a. Manchester b. Sun Insurance c.Supreme Court Rulings 5. National Electrification Administration v Gonzaga a. Not in OG or newspaper of general circulation b. Electric Coop Election Code c.Of general interest because everyone consumes electricity 6. Garcilliano v House of Representatives a. Xxx NCC3: Ignorance of the law excuses no one from compliance therewith. - Dictated by necessity - Actual ignorance of the law would thus afford immunity Mistake of Fact: Ignorantia facti may excuse the party from the legal

Tina Reyes C2013

The repatriation or Frivaldo retroacted to the date of the filing of his application on August 17.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. the SC cannot invoke the new law in this case without impairing the rights pursuant to FC256 in relation to FC105(2). A judge ought to know that a subsisting previous marriage is a diriment impediment. public policy morals. A256 of the FC provides for its retroactivity insofar as it does not prejudice or impair vested or actual rights in accordance to the CC and other laws. unless contrary is provided. Retroactive effect of procedural law. The retroactive effect of a procedural law is not violative of any right of a party who may feel that he is adversely affected. b. Kasilag v Rodrigo a. who is not a habitual criminal…. or prejudicial to a third person with a right recognized by law. An action for compulsory recognition and enforcement of successional rights which was filed prior to the advent of the FC must be governed by A285 of the CC and not by A175(2) of the FC. Active – entitled demand the enforcement the right b. FC256: This code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the CC and other laws. Gregorio v CA a. In case of laws interpreting others E. no the Exceptions to Rule: A. 3. Elegado was a Filipino lawyer representing the foreign company – shows ignorance of the law. except when the law itself authorizes their validity. or good customs. to of to – . Elements of Right: 1. public order. General Rule: exception b. v CA a. b. 1988: A188. Manzano v Sanchez a. 2. In case of remedial statutes C. FC August 3. Francisco v CA a. Foreigners cannot be any less bound by our laws in our own country b. … 5. done in good faith 2. Elegado v CTA a. 1988. In case of laws creating new rights Cases: 1. but not ignorance of the law for ignorantia juris neminem excusat. which would make the subsequent marriage null and void NCC4: Laws shall have retroactive effect. In case of curative statues D. unless the waiver is contrary to law. Aruego Jr. KATRINA LEGARDA | 2 consequences of his conduct. Determinate person personal rights Tina Reyes C2013 RPC22: Penal laws shall have retroactive effect insofar as they favor the person guilty of a felony. NCC17(3) NCC6: Rights may be waived. (2) parents by nature. although at the time of publication of such laws a final sentence has been pronounced and the convict is serving the same. Cang v CA a. Antichresis. When the law itself so expressly provides B. 3. consent of adoption: (1) person to be adopted (if 10 ≥). Nonetheless. NCC158 and 160 have been repealed by the FC254 (not 253) which took effect on August 3. Frivaldo v COMELEC a. NCC5: Acts executed against the provisions of mandatory or prohibitory laws shall be void. Its application will prejudice the vested rights of private respondent to have her case decided under A285 of the CC. Cases: 1. 4. Subjects a. 1994. Passive – duty-bound suffer its enforcement i.

ii. The CA held that the case at bar came under exception because private respondent was unaware of petitioner´s negligence when she filed her claim for death benefits from the State Insurance Fund. after approval. The rights of personality – human rights. 2. physical or spiritual. Implied or tactic repeal – takes place when the provisions of the subsequent law are incompatible or inconsistent with those of an earlier law 1987 Constitution ARTICLE VIII Judicial Department SECTION 3. etc. Valderama v Macalde a. Real rights – ownership. Efficient Cause – the fact that gives rise to the legal relation Kinds of Rights: 1. Family rights – rights of a person as a member of a family c. arise from the fact of being a man. and their violations and non-observance shall not be excused by dis-use. Quitclaims were prepared and readied by PEFTOK and employees were forced to sign the same for fear that they would not be given their salary on pay day. 3. Knowledge of such existence 3. He must actually have the right which he renounces. Express or declared repeal contained in a special provision of a subsequent law 2. mortgage. Administrative or executive acts. The contention of the petitioners that the respondents had waived their right of first refusal is not supported by evidence. (requirements of waiver) 3. When the court declares a law to be inconsistent with the Constitution. DM Consunji v CA a. shall be Tina Reyes C2013 . Intention to relinquish it 4. their services would be terminated if they did not sign the said quitclaims under controversy. benefit or advantage must exist at the time of the waiver 2. and worse. KATRINA LEGARDA | 3 ii. The renunciation must be made in a clear and unequivocal manner. 3. to the exclusion of all further claims under other laws. Civil – all others a. He must have the capacity to make the renunciation. the former shall be void and the latter shall govern. PEFTOK v NLRC a.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. or custom or practice to the contrary. b. Object – things or services to satisfy human wants. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and. Voluntary choice Requirements of Waiver: 1. NCC7: Laws are repealed only by subsequent ones. NO VOLUNTARINESS 2.Patrimonial rights – these have property for their object. Indeterminate person – real rights 2. Political – participation of persons in the government of the State 2. Kinds of Repeal: 1. The Judiciary shall enjoy fiscal autonomy. Cases: 1. The claims for damages sustained by workers in the course of their employment could be filed only under the Workmen ´s Compensation Law. economic satisfaction of men (damages itself) i. orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (right to damages) b. The right. Personal rights – right to collect debt Renunciation of Waiver: 1.

the writ shall be enforceable anywhere in the Philippines. Interest at 6% per month. or with any of its members and. if not against the law. 2. where provisions in the two acts on the same subject matter are in an irreconcilable conflict. De Roy v CA a. and hence. Two categories of implied repel: i. Duty of lawyer in active la practice to keep abreast of SC decisions particularly where issuances have been clarified. Non-publication of the Habaluyas decision in the OG b. c. d. Both are not applicable to the RAC and the Administrative Code of 1987. KATRINA LEGARDA | 4 automatically and regularly released.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. or 72% per annum is iniquitous or unconscionable.Forms a LAW of the land Cases: 1.Interpretation placed upon the written law by a competent court has the force of LAW. b. 905 on 22 December 1982. There is no law requiring the the publication of SC decisions in the OG before they can be binding c. if the later act covers the whole subject of the earlier one and is clearly intended as a substitute. Rationale of CA: Upon the repeal of the Usury Law by Central Bank Circular No. The petition may likewise be filed with the Supreme Court. The interpretation placed upon the written law by a competent court has the force of law (legis interpretado legis vim obtinet) Tina Reyes C2013 . • Rarely implied repeal • There has to be LEGISLATIVE INTENT to repeal • REPEAL BU IMPLICATION not favored • Only a law can repeal a law • JURIS PRUDENCE – judicial decision • SC decisions are interpretations to fill in legislations deficiencies and provide a rule of a given case Cases: 1. Doctrine of Stare Decisis – the decision of the SC becomes a judicial precedent to be followed in subsequent cases by all courts in the land. SC holds that the Family Code Act of 1997 did not empower the family courts to exclusively issue writs of habeas corpus and it did not revoke the capacity of SC and CA to issue writs of habeas corpus. NCC8: Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Court of Appeals. although it is assumed that the language of the laws should follow common understanding. ii. b. Pesca v Pesca a. the later act to the extent of the conflict constitutes an implied repeal. In relation to the word “exclusive”. Thornton v Thornton a. NO implied repeal. if so granted. Mecano v COA a. 2. there is no more interest ceiling or maximum rate of interest. e. the spirit of the law and intention of the lawmakers come first than legal technicalities. it will operate to repeal the earlier law. . An interest of 12% per annum is deemed fair and reasonable. . and published in the advanced reports of GRs and in such publications as the SCRA and law journals. The appealed decision of the Court of Appeals is AFFIRMED subject to the MODIFICATION that the interest rate of 72% per annum is ordered reduced to 12 % per annum 3. contrary to morals (‘contra bonos mores’). Solangon v Salazar a.It is more consonant with justice that the said interest rate be reduced equitably. and the rate will just depend on the mutual agreement of the parties. consistently reiterated.

through the Department of Justice. Law – express. In the same way the court shall submit to the Chief Executive. Continued performance of these acts for a long period of time. 6. such statement as may be deemed proper. Form a. The intendment of the law has been to confine the meaning of ‘psychological incapacity’ to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. subject to the provisions of this Constitution and national development policies and programs. General practice by the great mass of the social group. NCC 12: A custom must be proved as a fact. it is presumed that the lawmaking body intended right and justice to prevail. taking into consideration the Tina Reyes C2013 . Uniformity. not written b. Custom – society. without suspending the execution of the sentence. it must be applied: dura lex sed lex • In applying the law. written law NCC10: In case of doubt in the interpretation or application of laws. Morals or public order Custom v Law 1. the court should discover and give effect to its spirit. . and in cases of excessive penalties. or identity of the acts or various solutions to the juridical question. obscurity or insufficiency of the laws. 2. 5. shall protect the rights of indigenous cultural communities to their ancestral NCC9: No judge or court shall decline to render judgment by reason of the silence. Custom – tacit. Origin a. or various resolutions of a juridical question raised repeatedly in life. and shall report to the Chief Executive. when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty. 1987 Constitution ARTICLE XII National Economy and Patrimony SECTION 5. Law – governmental power of the State. KATRINA LEGARDA | 5 b. General conviction (by the community) that the practice corresponds to a juridical necessity or that it is obligatory. The State.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. through the Department of Justice. with respect to a particular state of facts. The practice must not be contrary to law. Customs – may be defined as the juridical rule which results from a constant and continued uniform practice by the members of a social community. RPC5: Duty of the court in connection with acts which should be repressed but which are not covered by the law. public order or public policy shall not be countenanced.Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. and observed with a conviction that it is juridically obligatory. according to the rules of evidence. spontaneous b. Requisites of Custom: (for custom to have the for of suppletory rule) 1. 4. the reasons which induce the court to believe that said act should be made the subject of penal legislation. Plurality of acts. 3. it shall render the proper decision. conscious creation 2. The spirit of the law may be found in the precedents which served as its basis as well as in the history of its formation. – citing the Canon Law degree of malice and the injury caused by the offense • If the law is clear. NCC11: Customs which are contrary to law.

the 30 day period for redemption had not begun to run. unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains. 2. — A court may take judicial notice of matters which are of public knowledge. and cultural well-being. months. The petition before us appears to be an illustration of the Holmes dictum that "hard cases make bad laws" as the petitioners obviously cannot argue against the fact that there was really no written notice given by the vendors to their coheirs. or on request of a party. Alonzo v Padua a. the time within which an act is required by law to be done shall be computed by excluding the first day and Tina Reyes C2013 . a Sunday. Acts. KATRINA LEGARDA | 6 lands to ensure their economic. social." to a day of twenty-four hours. After the trial. or ought to be known to judges because of their judicial functions. Strictly applied and interpreted.(3): What Need Not Be Proved Sec. Martinez v Van Buskirk a. In computing a period. "day. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. Armigos v CA a. the performance of which has not proven destructive or injurious and which have been generally acquiesced in by society for so long a time has to have ripened into a custom. . days of twenty-four hours. 2. and last day included. ROC129 (2). may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon. RAC §31: Legal Periods. the proper court. on its own initiative or on request of a party. "month" of thirty days. If months are designated by their name. and nights from sunset to sunrise. under the circumstances. and "night. days or nights. when discretionary. months of thirty days. the day of the act or event from which the designated period of time begins to run is to be excluded and the date of performance included. that in view of such deficiency. the driver was not guilty of negligence in so leaving his team while assisting in unloading his wagon." from sunset to sunrise. much less expired in 1977. NCC13: When the law speaks of years. the court. to §4 of the Code of Civil Procedure which provided that “unless otherwise specially provided. (ROC22: not applicable to contracts Cases: 1. 3. but not identical. or are capable to unquestionable demonstration. or a legal holiday in the place where the court sits. on its own initiative. (n) Cases: 1. the time shall not run until the next working day. cannot be held to be unreasonable or imprudent and that. may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. — During the trial. and before judgment or on appeal. Article 1088 can lead to only one conclusion to wit.Judicial notice. If the last day of the period. falls on a Saturday. as thus computed.Judicial notice. How to compute time. (1a) Sec. they shall be computed by the number of days which they respectively have. or by any applicable statute."Year" shall be understood to be twelve calendar months. when hearing necessary. or by order of the court. NCC13 (last paragraph) is similar. In computing any period of time prescribed or allowed by these Rules. the first day shall be excluded. • No leap years • No weeks ROC22: Section 1. it shall be understood that years are of three hundred sixty-five days each.

and a record on appeal. Namarco v Tecson a. (EO 227) Cases: 1. KATRINA LEGARDA | 7 including the last. The time during which a motion to set aside the judgment or order or for a new trial has been pending shall be deducted. Barretto Gonzales v Gonzales a. a notice of appeal. Change in legislation should be done by the congress re: NCC13 3. SEC.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. 3. Matrimonial residence of the couple has always been the Philippines (both Filipinos). and neither is the marriage contracted with another party by the divorced consort. unless such motion fails to satisfy the requirements of Rule 37. When the acts referred to are executed before the diplomatic or consular officials of the RP in a foreign country. Board of Commission (CID) v Dela Rosa a. Tenchavez v Escaño a. subsequently to the foreign decree of divorce.” 2. A foreign divorce between Filipino citizens. Go It Bun v Dizon a. Years defined as 365 days. or to the status. the solemnities established be Philippine laws shall be observed in their execution. Tina Reyes C2013 . entitled to validity in this country. months are of 30 days not the “natural” or “solar” months unless they are designated by name. even though living abroad. the residence acquired in the State of Nevada by the husband for the purpose of securing a divorce was not a bona fide residence and did not confere jurisdiction upon the court of the State to dissolve the bonds of matrimony in which he had entered in 1919. the Filipino spouse shall have capacity to remarry under Philippine law. §23 of the Interim Rules and Guidelines promulgated by this Court to implement BP129 clearly states: “Perfection of Appeal – in cases where appeal is taken. There being no proof of Chinese law relating to marriage. an appeal bond. will. Quiqui v Boncaros a. having been content with his testimony that the Marriage Certificate was lost or destroyed during the Japanese occupation of China. 1979 or one day beyond the 30-day reglementary period prescribed by Section 3 of Rule 41. it shall be excluded.” 4. — Appeal may be taken by serving upon the adverse party and filing with the trial court within thirty (30) days from notice of order or judgment.. How appeal is taken. there rises a presumption that it is the same as that of Philippine law. Prohibitive laws concerning persons. is not entitled to recognition as valid in the Philippines. condition and legal capacity of persons are binding upon citizens of the Philippines. and if the last be Sunday or a legal holiday. Their Motion for Reconsideration. although dated August 16. NCC17: The forms and solemnities of contracts. FC26(2): where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him/her to remarry.Santiago (grandfather) was not pressed by the CID to prove the laws of China relating to marriage. 2. and other public instruments shall be governed by the laws of the country in which they are executed. the perfection of the appeal shall be upon the expiration of the last day to appeal by any party. b. Laws relating to family rights and duties. 3. (Spanish Code) b. was filed with the trial court on August 17. 1979. sought and decreed after the effectivity of the NCC (RA386). NCC14: applies to all NCC15: Filipinos only. their acts or property.

acquires or comes into possession of something at the expense of the latter without just or legal ground.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. and observe honesty and good faith. Cases: 1. 5. Llorente v Sandiganbayan a. De Tavera v Philippine Tuberculosis Society. shall indemnify the latter for the same. Nikko Hotel Manila Garden v Reyes (Amay Bisaya) a. in the exercise of his rights and in the performance of his duties. NCC22: Every person who through an act or performance by another. Which is exercised in bad faith. or by determinations or conventions agreed upon in a foreign country. NCC21: Any person who willfully causes loss or injury to another in a manner that is contrary to morals. Elsewhere. or any other means. To find the existence of a abuse of right. Tina Reyes C2013 • To grant indemnity for damages in cases where there is abuse of rights. willfully or negligently causes damage to another. For the sole intent of prejudicing or injuring another. a legal wrong is thereby committed for which the wrongdoer must be responsible. contrary to law. 3. shall return the same to him. The provisions of the NCC oh Human Relations are merely guides for human conduct in the absence of specific legal provisions and definite contractual stipulations. . People v Ritter a. ii. There is a legal right or duty. is to set certain standards which must be observed not only in the exercise of one’s rights but also in the performance of one’s duties. a. Furthermore. public policy and good customs shall not be rendered ineffective by laws or judgments promulgated. KATRINA LEGARDA | 8 and those which have for their object public order. Moral and exemplary damages are awarded to the victim’s heirs despite acquittal of accused on grounds of reasonable doubt. act with justice. (READ TOLENTINO) NCC20: Every person who. The object of this article. the following elements must be present: i. but not when he acts with negligence or abuse. should be tested as to its formal validity by the laws of that country and not by the provisions of the CC. that is when he acts with prudence and good faith. The Code of By-laws of the Society contains specific provisions governing the term of office of petitioner. Doctrin (Urbano v IAC) a person while not criminally liable. iii. • Government v Frank – contract was entered into in Illinois by a minor in the Philippines but had the capacity in Illinois. NCC19: Every person must. 2. b. may still be civilly liable. even when the act is not illicit. good customs or public policy shall compensate the latter for the damage. we explained that when "a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another. Carpio v Valmonte a. give everyone his due. A person should be protected only when he acts in the legitimate exercise of his right. Made to pay damages under A19 4. b. Case: German v Donaldson • Held that a power of attorney executed in Germany. therefore. Inc. it does not necessarily follow that the appellant is also free from civil liability which is impliedly instituted with the criminal action.

When Article 19 is violated. KATRINA LEGARDA | 9 These standards are the following: act with justice. Fetus is not a person. modify or limit capacity to act: age. prodigality and civil interdiction are mere restrictions on capacity • NCC38 – restrictions on capacity to act but does not render it void • Minority is now 18 years old (RA6809). such that if it is not born alive. Personality of Conceived child: (1)limited. insanity. natural or artificial. penalty. for the performance of civil acts depending on their state or condition (status) as defined or fixed by law o Power to do acts with legal effect NCC38: Minority. The unemancipated minor cannot enter into contracts (NCC1327 par1). provided it be born later with the condition specified in the following article. may be natural or artificial. family relations. insanity or imbecility. (2) which is exercised in bad faith. NCC40: Birth determines personality. a person below such age is a minor. give everyone his due and observe honesty and good faith. (2) provisional or conditional. making its legal existence. A married woman. the ROC. but the conceived child shall be considered born for all purposes that are favorable to it. because of the expectancy that it may be born. gut he may be estopped from disavowing his contract if he has misled the other party as to his age. which is the fitness to be the subject or legal relations. is acquired and may be lost. or competency or persons. is qualified for all acts of civil life. is any act evincing bad faith or intent to injure. and in special laws. imbecility. an action for damages is proper under Articles 20 or 21 of the Civil Code. among others. (Juridical capacity can exist without capacity to act) • Juridical Capacity o Legal capacity o Personality o Aptitude for the holding and enjoyment of rights o Fitness of man to be the subject of legal relations • Capacity to Act o Aptitude for the exercise of rights o Referred merely as capacity o The ability. Its elements are the following: (1) There is a legal right or duty. qualification. and has a limited capacity to act. absence. the state of being a deaf-mute. NCC37: juridical capacity. NCC39: The following circumstances. necessarily.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. is inherent in every natural person and is lost only through death. poser.aw protects it and reserved its rights. The consequences of these circumstances are governed in this Code. Kinds of Capacity. alien-age. which is the power to do acts with legal effect. (3) for the sole intent of prejudicing or injuring another. retroact to the moment of its conception. the state of being deaf-mute. Capacity to act. if it should be born alive. except in cases specified by law. prodigality. Its antithesis. 21 years of age (now read as 18 because RA6809 reduced age of majority to 18 years) or over. only for purposes favorable to the child. its personality disappears as if it had never existed. the . other codes. • Birth – removal of the fetus from • Tina Reyes C2013 • the mother’s womb. . Capacity to act is not limited on account of religions belief or political opinion. insolvency and trusteeship. depends on the child being born alive later.

A man and woman not legally married who cohabit for many years as husband and wife. whether naturally or through surgical operation • It is enough that the child lives even for an instant • Premature Birth – the Code requires the child should live at least 24 hours after complete separation from the mother’s womb. There was no mention of how old the unborn child was b. who Tina Reyes C2013 (1975)PD 605: Child and Youth Welfare Code A5: unborn child has rights RPC – 1932 NCC – 1950 FC – 1958 Cases: 1. A2. Against the 1987 Constitution and PD603 c. Estate continues personality b. Under the present legal system. 3-6 months (trimesters). 3.Legal Ralations – Personality – Legal Capacity 4. rights and assts left by the decedent. the latter wrote letters to a priest recognizing the child as his. v Velez a. (1987)Constitution. Service of summons on a dead person is void. His juridical capacity. asking the priest to baptize the child after it was born. as compared to the Philippines 2. stages of birth is equal to a child’s PERSONALITY b. before the child was born. The effect of death upon the rights and obligations of the deceased is determined by law. In the US. The state or the mass of property. 2.Legal capacity e. instead of the heirs directly. inheritance d. S12: Right of the mother and right of the unborn child from conception physical death. a fetus is not a person. Quimiging v Icao a. LIFE at BIRTH: absolute precedent of rights 3. • This article refers to natural or • Separation from mother – produced by the cutting of the umbilical cord. Rights of the fetus were recognized because of NCC40 c. Roe v Wade . De Jesus v Syquia a. does not apply to “civil death” • Upon the death of a person. rights and obligations which survive after death have to be exercised and fulfilled only by the estate of the deceased. He had no more civil personality. An unborn child can get support and be recognized b.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. Plaintiff begot a child with the defendant. by contract and by will. KATRINA LEGARDA | 10 NCC41: For civil purposes. However if the fetus had an intra-uterine life of less than seven months. which is the fitness to be the subject of legal relations. a. Eugenio Sr. it was held that those letters could be the basis of an action for the compulsory acknowledgment of the child by the defendant after its birth. it is not deemed born if he dies within 24 hours after its complete delivery from the maternal womb. NCC42: Civil personality is extinguished by death.g. Geluz v CA (changed by A2S12 of the Consti) a. become vested and charged with his rights and obligations which survive after his demise. because this is the only kind of death recognized by the present legislation. the subject of legal relations disappear Cases: 1. Dumlao v Quality Plastics a. Dead child has no right b. the fetus is considered born if it is alive from the time it is completely delivered from the mother’s womb. Limjoco v Intestate Estate of pio fragante a. was lost through death.

KATRINA LEGARDA | 11 represent themselves to the public as husband and wife. the younger is deemed to have survived. Both parties are incapable of giving consent iii. the survivorship is determined from the probabilities resulting from the strength and the age of the sexes. Jr.If both were under the age of fifteen years. according to the following rules: 1. 2. (kk)That if there is a doubt. the presumption does not step in. and who are reputed to be husband and wife in the community where they live may be considered legally “married” in common law jurisdictions but not in the Philippines. Joaquin v Navarro a. if the sex be the same. shall prove the same. to which the return of the Marcoses has been viewed to provide a catalytic effect. it may be indirect. • Applies only when the question of survivorship involves persons “who are called to succeed each other. NCC1409 DEATH: • Summons not served prior to death have no effect • Even after death you can still pose a “threat” to the country • Everybody dies of cardio respiratory failure • JURIDICAL PERSON dies when it terminates its existence o Human beings o Provisional (baby in womb) o Quasi (property) NCC43: If there is doubt. Marcos v Manglapus a. the former is deemed to have survived. circumstantial or inferential. battle. 4. in the absence of proof. The evidence of survivorship need not be direct.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. the latter is deemed to have survived. shall prove the same. known or knowable. as between two or more persons who are called to succeed each other. and the sex be different. (5a) Case: 1.If one be under fifteen or over sixty. the older is deemed to have survived. and the other between those ages. Provisional Personality A. have not been shown to have ceased.” ROC131 S3 (jj – kk): (jj)That except for purposes of succession. Where there are facts. b. whoever alleges the death of one prior to the other. Unenforceable act 1. died before mother b. the older. and it is not shown who died first. 3. as between two or more persons who are called to succeed each other.If both were above the age sixty. from which a rational conclusion can be made. as to which of the died first. in the absence of proof. Incapacitated parties 2. Death of Mr. and there are no particular circumstances from which it can be inferred. the male is deemed to have survived.If both be over fifteen and under sixty. Capacity to be part of legal relations – when you are born B. or conflagration. as to which of them died first. whoever alleges the death of one prior to the other. such as wreck. The threats to the government.Types: i. Capacity to do acts with legal effects c. Tina Reyes C2013 .If one is under fifteen and the other above sixty. 5. Does not make an act void (because of limitations) b. Marcos has not changed the factual scenario under which the Court’s decision was rendered b. Capacity to act a. it is presumed that they died at the same time and there shell be no transmission of rights from one to other. they shall be considered to have died at the same time. when two persons perish in the same calamity. Void act 1. 4. Right to bury a dead person does not include a common law husband who is still married. Voidable Act ii.

That the purpose or purposes of the corporation are patently unconstitutional. KATRINA LEGARDA | 12 and the rules of preponderance of evidence controls. (2) Other corporations. (3) Corporations. The partnership has a judicial personality separate and Tina Reyes C2013 . Private corporations are governed by laws of general application on the subject. or industry to a common fund. trust companies and other financial intermediaries. partner or member. attributes and properties expressly authorized by law or incident to its existence. partnerships and associations for private interest or purpose to which the law grants a juridical personality. property. . or contrary to government rules and regulations. Partnerships are associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. supplemented by the provisions of this Code. creates by law. Sec. 1 and 2 of the preceding article are governed by the laws creating or recognizing them. That the percentage of ownership of the capital stock to be owned by citizens of the Philippines has not been complied with as required by existing laws or the Constitution. public utilities.A corporation is an artificial being created by operation of law. and entities for public interest or purpose. That the Commission shall give the incorporators a reasonable time within which to correct or modify the objectionable portions of the articles or amendment. NCC1767-1768: Art. educational institutions. Corporations created by special laws or charters shall be governed primarily by the provisions of the special law or charter creating them or applicable to them. Corporation defined. their personality begins as soon as they have been constituted according to law. Grounds when articles of incorporation or amendment may be rejected or disapproved. Corporations Code (BP68): Sec. illegal. 2. immoral. 1767. Two or more persons may also form a partnership for the exercise of a profession. insurance companies. 2. with the intention of dividing the profits among themselves. Corporations created by special laws or charters.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. institutions. By the contract of partnership two or more persons bind themselves to contribute money. Sec. That the Treasurer's Affidavit concerning the amount of capital stock subscribed and/or paid if false. banking and quasi-banking institutions. . NCC44: The following are juridical persons: (1) The State and its political subdivisions. insofar as they are applicable. 4. NCC45: The juridical person mentioned in Nos. building and loan associations. No articles of incorporation or amendment to articles of incorporation of banks. 17. having the right of succession and the powers.The Securities and Exchange Commission may reject the articles of incorporation or disapprove any amendment thereto if the same is not in compliance with the requirements of this Code: Provided. 4. 3. (1665a) Art. That the articles of incorporation or any amendment thereto is not substantially in accordance with the form prescribed herein. separate and distinct from that of each share holder. The following are grounds for such rejection or disapproval: 1. 1768. and other corporations governed by special laws shall be accepted or approved by the Commission unless accompanied by a favorable recommendation of the appropriate government agency to the effect that such articles or amendment is in accordance with law.

imbecility. prodigality. absence. the property and other assets shall be applied to similar purposes for the benefit of the region. and without interruption or objection for period long enough to afford title by prescription. with the knowledge and acquiescence of the legislature. city or municipality which during the existence of the institution derived the principal benefits from the same. and has a limited capacity to act. insolvency and trusteeship. and deaf-mutes who do not know how to write. (n) NCC46: Juridical persons may acquire and posses property of all kinds. Capacity to act is not limited on account of religions belief or political opinion… RA6809: December 13. insanity. their property and other assets shall be disposed of in pursuance of law or the charter creating them. 2. NCC39: The following circumstances. a person below such age is a minor. first paragraph. The exclusive right to such possession was in the Roman Catholic Church and such right has continued since such cession and now exists. In order for donation of property to be valid. 2003 1987 Constitution A5 S1: Suffrage FC5: Marriage: Any male or female of the age of 18 years or upwards not under any of the impediments mentioned in articles 37 and 38 may contract marriage. 03-02-05 SC Rules on Guardianship: May 21. modify or limit capacity to act: age. AM No. It has been opined that municipal corporations may exist by prescription where it is shown that the community has claimed and exercised corporate functions. The consequences of these circumstances are governed in this Code. A person suffering from schizophrenia does not necessarily lose his competence to intelligently dispose his property b. other codes. NCC38: • NCC38 – restrictions on capacity to act but does not render it void • Minority is now 18 years old (RA6809). Barlin v Ramirez a. institutions and other entities for public interest or purpose mentioned in No. the state of being a deaf-mute. (2) Insane or demented persons. alien-age. NCC47: Upon the dissolution of corporations. 3. what is crucial is the donor’s capacity to give consent at the time of the donation. The unemancipated minor cannot enter into contracts (NCC1327 par1). province. The Roman catholic Church is a juridical person in the Philippine Islands b. the ROC. Catalan v Basa a. and in special laws. 2 of article 44. family relations.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. Prior to the cession of the Philippines to the US. as well as incur obligations and bring civil or criminal actions. in conformity with the laws and regulations of their organization. the King of Spain was not the owner of the consecrated churches therein and had no right to the possession thereof. (1263a) Tina Reyes C2013 . NCC1327: The following cannot give consent to a contract: (1) Unemancipated minors. Cases: 1. among others. even in case of failure to comply with the requirements of Article 1772. KATRINA LEGARDA | 13 distinct from that of each of the partners. penalty. Camid v Office of the President a. If nothing has been specified on this point. 1989: Age of Minority from below 21 years to below 18 years. gut he may be estopped from disavowing his contract if he has misled the other party as to his age.

KATRINA LEGARDA | 14 NCC1390 (1): The following contracts are voidable or annullable. However. Suan and Chiao v Alcantara a. herein followed. 4. b. and adolescence and are near the adult age when they pretended to have already reached their majority when in fact they have not. Braganza v Villa Abrille a. NCC1426: When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian. it is not necessary for his vendee to actually part with cash. to bind a minor who represents himself to be of legal age. Bambalan v Maramba a. NCC1427: When a minor between eighteen and twenty-one years of age. nor can those who exerted intimidation. because the plaintiff did not pretend to be of age. as long as the contract is supported by a valid consideration.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. (1302a) NCC1399: When the defect of the contract consists in the incapacity of one of the parties. The doctrine of Mercado v Espiritu is not applicable to this case. NCC1397: The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. who has entered into a contract without the consent of the parent or guardian. saving the modifications contained in the following articles. because appellee’s previous misrepresentation had already estopped him from disavowing the contract. violence. (1304) NCC1489: All persons who are authorized in this Code to obligate themselves. 1. there is no right to demand the thing or price thus returned. and they cannot be permitted afterwards to excuse themselves from compliance of the obligation assumed by them or to seek their annulment. is VALID. after the annulment of the contract voluntarily returns the whole thing or price received. NCC1403(3): The following contracts are unenforceable. b. unless they are ratified (3) Those where both parties are incapable of giving consent to a contract. or caused mistake base their action upon these flaws of the contract. or employed fraud. there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. (1160A) Cases. because he was a minor at the time of execution. even though there may have been no damage to the contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract. may enter into a contract of sale. 3. effected by minors who have already passed the ages of puberty. the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. the appellee informed the appeallants of his minority. The sale of real estate. or undue influence. The failure of the minor to disclose his minority when making a contract does not per se. The sale is void as to the plaintiff. constitute a fraud which can be made a basis of an action of deceit. 2. Under the doctrine laid down by Mercado v Espiritu. Mercado v Espiritu a. The circumstance that about one month after the date of the conveyance. voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation. b. and the defendant knew him to be a minor. Although the written contract is UNENFORCEABLE because of Tina Reyes C2013 . notwithstanding the fact the he has not been benefited thereby. persons who are capable cannot allege the incapacity of those with whom they contracted. is of no moment.

The law presumes every man to be sane. FC45 (2): A marriage may be annulled for any of the following causes. ii. a guardian ad litem. (condition produced by remorse) 2. defendant acted absent-mindedly at times. in which case. KATRINA LEGARDA | 15 non-age.If a person is benefited although incapacitated (minor. Standard oil v arenas Rules of Civil Procedure R3 S5: A minor or a person alleged to be incompetent. Standard of Legal insanity by People v Formigones (2 distinguishable tests): i. A person accused of a crime has the burden of proving his affirmative allegation of insanity. RPC12: The following are exempt from criminal liability: (2) A person under nine years of age (now modified to be 15 years by RA9344 S6) (3)A person over nine years of age and under 15 unless he has acted with discernment. while in confinement awaiting trial. NCC1328: Contracts entered into during a lucid interval are valid. US v Vaguilar a. however. (n) RPC12: The following are exempt from criminal liability: (1)an imbecile or an insane person. or if he has none. unless the latter has acted during a lucid interval ROC101 S4: When.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. etc. RA9344: Juvenile Justice and Welfare Law 0-15 years old: exempt from criminal liability 15-18: act with discernment **15yrs+1day: case is filed in court (should be out by September) RPC13: The following are mitigating circumstances: (2) That the offender is under 18 years of age or over 70 years. he must pay back/return it. 3. 1. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.) to enter a contract. People v Rafanan a. Test of cognition – complete deprivation of intelligence in committing the [criminal] act. with the assistance of his father. (now between 15-18 years old subject to an intervention program. unless such party after coming to reason. and other testimony to the effect that. the person ordered to be committed to a hospital or other place for the insane is Tina Reyes C2013 . existing at the time of the marriage: (2)That either party was of unsound mind. Insanity distinguished from Passion. may sue or be sued. the minor shall make restitution to the extent that he may have profited by the thing he received. guardian. mother. RA9344) PD603: Child and Youth Code: (December 10. which goes no further than to indicate that the accused was moved by a wayward or hysterical burst of anger or passion. Cases. is not sufficient to establish the defense of insanity. c. 1974) Welfare temporarily or permanently cured. NCC1327(1): The following cannot give consent to a contract: (1) Unemancipated minors. or may be released without danger he may file the proper petition with the Court of First Instance which ordered the commitment. he shall be proceeded against in sccordance to the provisions of A80. in the opinion of the Director of Health. such minors shall be proceeded against in accordance with the provisions of A80 of this code. freely cohabited with the other as husband and wife. In the case of the minor. insane. Anger or Remorse – Testimony of eye-witnesses to a parricide. Test of violation – that there be a total deprivation of the will b.

disease. but who come from a common ancestor. becoming thereby an easy prey for deceit and exploitation. Capacity to act must be supposed to attach to a person who has not previously been declared incapable. as many degrees are counted as there are generations or persons. and persons not being of unsound mind." . the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers. (1814a) cf. 1908. (n) ROC92(2): Meaning of word "incompetent. testified that they observed insane periods in Villanueva twice prior to 1903. except: (1) When a separation of property was agreed upon in the marriage settlements. and able to read and write. at the time of his acting he was incapable. which. NCC1327(2): The following cannot give consent to a contract: (2) Insane or demented persons. even though they have lucid intervals. that is. (915) Art. There was no direct proof that showed that at the date of the giving of the bond. may be a witness to the execution of a will mentioned in Article 805 of this Code. but by reason of age. (3) Any ground for legal separation. b. In the line. crazy or out of his mind. 964. but none at the time of the execution of the said bond on December 15. c. the contents (1) The civil status of persons. NCC1490: The husband and the wife cannot sell property to each other.Relationship Art. A series of degrees forms a line. 963. the child is one degree removed from the NCC820: Any person of sound mind and of the age of eighteen years or more. weak mind. (2) The validity of a marriage or a legal separation. and such capacity is presumed to continue so long contrary is not proved.It was also shown that the wife never before sought to legally deprive her husband management over his estate knowing full well that he was insane. (917) Art. (1263a) NCC807: If the testator be deaf. he must personally read the will. (n) manner. in the opinion of the court. in some practicable thereof. if able to do so. those who are of unsound mind. he shall designate two persons to read it and communicate to him. 965. Each generation forms a degree. A direct line is that constituted by the series of degrees among ascendants and descendants. deaf or dumb. Proximity of relationship is determined by the number of generations. excluding the progenitor. In the direct line. (6) Future legitime. or (2) When there has been a judicial separation or property under Article 191. (5) The jurisdiction of courts. deaf and dumb who are unable to read and write. 966. ascent is made to the common ancestor. (916a) Art. (4) Future support. NCC963-967: SUBSECTION 1.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. and other similar causes. cannot. December 15. the appellant was incapable of acting because of insanity. and deaf-mutes who do not know how to write. 1908. and not bind. has not been proved in this case. The witnesses who as physicians. once on 1908. otherwise. KATRINA LEGARDA | 16 a. without outside aid. Thus. (1458a) NCC2035: No compromise upon the following questions shall be valid: Tina Reyes C2013 . or a deaf-mute. The latter binds a person with those from whom he descends. take care of themselves and manage their property.Under this rule. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants. prodigals. . which may be either direct or collateral. The former unites the head of the family with those who descend from him. The direct line is either descending or ascending.

(920a) cf. (3) Any ground for legal separation. (6) Future legitime. if the latter suffer the lesion stated in the preceding number.Affinity by blood o Always start from self o Parents – 1st degree o Brothers/Sisters – 2nd o Cousins – 4th o Grandparents – 2nd o Aunts/Uncles – 3rd o Your brother’s wife is not your relative! (by blood or affinity) RCP3 S4: Spouses as parties. The following contracts are rescissible: (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof. present and future. who elect Philippine citizenship upon reaching the age of majority. for the fulfillment of his obligations. Full blood relationship is that existing between persons who have the same father and the same mother. and [4] Those who are naturalized in accordance with law. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution. slightly incompetent b. (918a) Art. (2) Those agreed upon in representation of absentees. three from his uncle. or the same mother. who is the brother of his father. (1814a) Case: 1. and so forth. two from the grandfather. ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. 1381. (4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority. Section 2. Section 3. subject to the exemptions provided by law. (4) Future support. and three from the great-grandparent.C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF. a person is two degrees removed from his brother. except as provided by law. In the collateral line. No compromise upon the following questions shall be valid: (1) The civil status of persons. (5) The jurisdiction of courts. Section 1 hereof shall be deemed natural-born citizens. [3] Those born before January 17. KATRINA LEGARDA | 17 parent. four from his first cousin. Philippine citizenship may be lost or reacquired in the manner provided by law. 1987Consti: Citizenship NCC381-396: NCC1381: Art. Husband and wife shall sue or be sued jointly. Husband and wife cannot sell or donate to each other c. Half blood relationship is that existing between persons who have the same father. (1911a) Art. Those who elect Philippine citizenship in accordance with paragraph (3). but not the same mother. (5) All other contracts specially declared by law to be subject to rescission. CITIZENSHIP: Section 1. (3) Those undertaken in fraud of creditors when the latter cannot in A4 S1-5: any other manner collect the claims due them. (1291a) NCC2236: The debtor is liable with all his property. PRODIGAL = “gambler”. away from home. but not the same father. 1995) a. Villaneva v CA (May 26. 1973. Thus. 967. 2035. of Filipino mothers. [2] Those whose fathers or mothers are citizens of the Philippines. Tina Reyes C2013 . (2) The validity of a marriage or a legal separation. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.Residence i. Romualdez-Marcos v COMELEC a. they are deemed. Domicile – place of habitual residence. intent to go back (ANIMUS REPERTENTI) c. to have renounced it. KATRINA LEGARDA | 18 JUS SANGUINIS – you have to be born of Filipino blood to be a Filipino citizen JUS SOLI (United States) – land where you were born also gives you citizenship Section 4. under the law. 2. Case: 1. Stressors: Marriage Moving Death Tina Reyes C2013 . NCC50: For the exercise of civil rights and the fulfillment of civil obligations. Malacañang (President and family) iii. 3. unless by their act or omission. Temporary – even for a long period of time Dual Allegiance Citizenship (none in the Philippines) v Dual Dual Citizenship of Parents – only affects children who are minors at the time the dual citizenship is acquired Top 3 1. Citizens of the Philippines who marry aliens shall retain their citizenship. Habitual residence – Leyte b. Permanent – domicile ii. Official – e. the domicile of natural persons is the place of their habitual residence.g.

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