PERSONS AND FAMILY RELATIONS
Atty Pidi Barzaga
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(1) Source of Civil Code
◆ a. Civil Code of Spain
◆ b. Ph Constitution of 1935
◆ c. Statutes or Laws (Ph, American, European)
◆ d. Rules of Court (local & foreign)
◆ e. Decision of local tribunals (SC)
◆ f. Decision of foreign tribunals
◆ g. Customs & traditions of our people
◆ h. Gen principles of law & equity
◆ i. Ideas from the Code Commission
◆ j. Family code of the ph
Commentators & Annotators on the Civil Code of Spain
◆ (8) Justice Jose Ma. Manresa Y Navarro; Felipe Sanchez Roman;
Quintus Mucius Scaevola; Calixto Valverde; Mario Navarro; Colin and
Capitant , De Buen; Enneccerus, Kipp, Wolff; Chief Justice Jose Castan
Tobenas
Brief History of Civil Laws- Civil code of Spain 1889
Source of Ph Civil Law
◆ a. 1935 & 1973 Ph Constitution
◆ b. Statutes, laws, PD or EO applicable
◆ c. Administrative or GO not contrary to law or constitution
◆ d. Customs of the place not contrary to law
◆ e. Judicial Decisions & Judicial customs
◆ f. Decisions of foreign courts
◆ g. Principles covering analogous cases
◆ h. Statutory construction
◆ i. Equity and gen principles of law
Books of Civil Code
◆ a. Book I- Persons
◆ b. Book II- Property, ownership & its modifications
◆ c. Book III- Different modes of acquiring ownership
◆ d. Book IV- Obligations & Contracts
The code commission- composed of 5 members by President Roxas thru EO 48,
dtd March 20, 1947
Dean Jorge Bacobo; Judge Guillermo B Guevarra; Dean Pedro R Ylagan; Dean
Francisco R. Capistrano
Civil code contains 2270 articles, 43% of which are new provisions
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Supreme Court- interpret and apply the law
legislature- modify or repeal a law
2 kinds of law:
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Art. 1. This Act shall
be known as the “Civil
Code of the
Philippines”
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Art. 2. 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. This
code shall take effect one
year after such
publication (As amended
by E.O. No. 200)
Art. 3. Ignorance of the
law excuses no one from
compliance therewith
(Ignoranta legis non
excusat)
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◆ Ordinary law
◆ Civil Code
During martial law (GOs, PDs, Circulars, Proclamations)
Effectivity Date of Ordinary Law
◆ Expressly provided
◆ 15 days after publication in Official Gazette or newspaper of Gen
Circulation
No publication is needed -law provides for its own effectivity (e.g. July 4, 2002;
“upon approval”)
Publication is needed -15 days rule; effective on the 16th day after publication
Administrative rules- have the force of law
Ignorantia legis non excusat
Applicable to all kinds of domestic laws (civil or penal)
Ignorance of foreign law is not ignorance of the law, it is ignorance of fact
(eliminates criminal intent as long as there is no negligence)
Presumption is foreign laws are same as our law
Doubtful question of law may be the basis of good faith (mitigating)
A judge may not be sanctioned due to errors of judgment
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In general, laws are prospective and not retroactive
Exceptions to the prospective effects of law
◆ if a law provides retroactivity
◆ if laws are remedial in nature
◆ statute is penal in nature
1.
favorable to accused
2. accused is not a habitual delinquent
◆ if laws are of an emergency nature
◆ if laws is curative (cure errors/irregularities)
◆ if substantive right be declared for the first time
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Kinds of mandatory legislation:
◆ positive- must be done
◆ negative/prohibitory- should not be done
Exceptions
◆ when law makes the act not void but merely voidable (ex. Marriage)
◆ law makes the act valid but subjects wrongdoer to crim
responsibility (ex. Widower marrying before 300 days)
◆ law makes the act itself void but recognizes legal effects (ex.
Marriage and child of brother &sister)
◆ law makes certain acts valid although generally would have been
void (ex. Horse racing, sweepstakes)
Art. 4. Laws shall have no
retroactive effect, unless
the contrary is provided.
Art. 5. Acts executed
against the provisions of
mandatory or prohibitory
laws shall be void except
when the law itself
authorizes their validity
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Art. 6. Rights may be
waived, unless the waiver
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General Rule: Rights may be waived
Exceptions:
is contrary to the law,
public order, oublic policy,
morals, or good customs,
or prejudicial to a third
person with a right
recognized by law.
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Art. 7. Laws are repealed
only by subsequent ones,
and their violation or nonobservance shall not be
excused by disuse, or
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waiver is contrary to law, public order, policy, morals or good
customs
◆ waiver is prejudicial to 3rd person with a right recog by law
Right- power or privilege to one person and as a rule demandable of another
◆ Real rights (jus in re, jus in rem)- absolute rights; enforceable against
the whole world
◆ Personal rights (jus in personam, jus ad rem)- against a particular
individual; relative rights
Waiver- intentional or voluntary relinquishment of a known right
Requisite for a valid waiver:
◆ Person waiving must be capacitated
◆ Waiver must be made clearly, but not necessarily express
◆ Person waiving must have the right which he is renouncing
◆ In express remission of a debt owed in favor of the waiver, must
comply with the formalities of a donation
◆ Waiver must not be contrary to law, morals, public policy
◆ Waiver must not prejudice the rights of others
Rights that cannot be renounced
◆ Natural rights (right to life)
◆ Alleged rights w/c really do not yet exist
◆ Renunciation of w/c would infringe upon public policy
◆ Waiver is prejudicial to a third person with a right recognized by law
Examples of rights that may be renounced
◆ Support in arrears
◆ Right granted to prepare at least 2 days before trial
◆ Right to object to testimony of a wife on information obtained
because of her domestic relations with her husband
◆ Right of the accused to be helped by counsel
◆ Right of the accused in a criminal case to have a preliminary
investigation
◆ Venue of actions may be waived but not the court’s jurisdiction
◆ Taxpayer may waive the benefit granted by law by reason of said
prescription by the execution of chattel mortgage
◆ Compensation for an individual who accepts the office of an
executor
◆ Right to the back pay of an employee who has been dismissed
without any justifiable cause
◆ Failure to ask for vacation & sick leave privileges after a period of
more than 5 yrs
Sources of law
◆ Constitution
◆ laws (or PDs)
◆ administrative or executive acts
◆ Orders
custom or practice to the
contrary
When the courts declare a
law to be inconsistent
with the Constitution, the
former shall be void and
the latter shall govern.
Administrative or
executive acts, orders and
regulations shall be valid
only when they are not
contrary to the laws or the
Constitution.
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◆ regulations
Laws are repealed:
◆ Expressly
◆ Impliedly (if there are inconsistencies bet prior and subsequent law)
Rule for General and Special Laws
◆ If general law was enacted prior to special law, the latter is
considered exception to general law
◆ If gen law is enacted after the special laws, special law remains
unless:
There is express declaration to the contrary
There is clear, necessary and irreconcilable conflict
Unless subsequent gen law covers the whole subject and is clearly intended
to replace the special law
Laws may lapse if:
◆ There has been complete repeal, offense cannot be punished
anymore
◆ Otherwise, law merely lapse, penalty can still be imposed
Effect if the Repealing Law is itself repealed
◆ When a law which expressly repeals a prior law is itself repealed
Law A is expressly repealed by Law B, If law B is expressly repealed by Law C.
Law A is not revived.
◆ When a law which repeals a prior law , not expressly but by
implication, is itself repealed the repeal of the repealing law, revives
the prior law
Law A is impliedly repealed by Law B. Law B is later repealed by Law C. Law A
is revived.
Non-observance of the law- disuse, custom or practice to the contrary does
not repeal a law (ex: betting in a basketball game)
Executive fiat cannot correct a mistake in the law -mistake in the law can only
be corrected by another legislation
1987 consti- SC is composed of (1) chief justice and (14) associate justice
Supremacy of the Constitution- Consti is supreme over AO or EO
No Collateral Attack -constitutionality of a law or EO may not be collaterally
attacked and shall be deemed valid unless declared null and void by
competent court
Some grounds for declaring a law unconstitutional
◆ Enactment of the law may not be within the legislative powers of the
lawmaking body
◆ Arbitrary methods may have been established
◆ Purpose or effect violates the constitution or its basic principles
Example of an unconstitutional law -Bar Flunker’s Case
No power of executive department to promulgate even by means of a treaty,
rules for admission to the practice of law
“Operative Fact” doctrine -when a legislative or executive act prior to its being
declared unconstitutional by the courts is valid and must be complied with
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Art. 8. Judicial decisions
applying or interpreting
the laws or the
constitution shall form a
part of the legal system of
the Philippines
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Art. 9. No judge or court
shall decline to render
judgment by reason of the
silence, obscurity or
insufficiency of the laws.
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Art. 10. In case of doubt in
the interpretation or
application of laws, it is
presumed that the
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Are Judicial Decisions Laws?
◆ NO, but decisions form part of the legal system
◆ those enunciated by the SC, which is the court of last resort
Doctrine of Stare Decisis
◆ “adherence to precedents”
◆ once a case has been decided one way, then another case involving
the same issue should be decided in the same manner
Obiter Dicta -opinions not necessary to the determination of a case
How Judicial Decisions may be abrogated
◆ By a contrary ruling by the SC
◆ By corrective legislative acts
Is there a Ph Common Law
◆ Ph is not a common law country but we have a sort of common law
not in conflict with local laws, customs and constitution
◆ common law supplements and amplifies our statute law
Sec of Justice is the legal adviser of the gov’t and his opinions override those
of provincial fiscals
Judicial Review of Admin Decisions -review is justified when there has been a
denial of due process, mistake of law or fraud
When final judgements may be changed -trial court cannot change the
decision of an appellate court which is final and executory
◆ a judgement void of lack jurisdiction
◆ after judgement has been rendered, interested party may ask the
court to modify or alter the judgement
Brgy Courts
◆ Sec 6 of PD 1508- no complaint, petition, action or proceeding
invoving matters of the brgy shall be filed unless there has been
confrontation bet parties
◆ Brgy court has no jurisdiction if parties come from diff municipalities
and the brgys are not adjoining
Extradition Law- time consuming and leakage prone
Duty of a Judge if the law is silent -must give a decision whether he knows
what law to apply or not
Old Codal Provision -when there is no law applicable, customs of the place
shall be applied
Does art 9 apply to crim cases? -YES, an offense is not a crime unless
prohibited and punished by law
Be Abreast in SC decisions – duty of a lawyer
SC- a review court from lower courts
Dura Lex Sed Lex – law may be harsh but it is the law
In Case of Doubt -judge should presume that lawmaking body intended right
and justice to prevail
Congressional Debates – courts are not bound by a legislator’s opinion
lawmaking body intended
right and justice to
prevail.
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Rules of StatCon
◆ When law is clearly worded, there is no need for interpretation
◆ If there are 2 possible interpretations, ends desired by Congress
should be adopted
◆ In interpreting, the ff can be considered: preamble, foreign laws
which the law was derived, framing the law, deliberations in the
congress, similar laws
◆ Patent or obvios mistakes and misprints may be corrected by our
courts
◆ Liberally construed
◆ Laws in derogation of a natural or basic right must be strictly
interpreted
◆ Contemporaneous interpretations given by admin officials to law
deserves great weight
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Custom- rule of human action established by repeated acts and uniformly
observed or practiced as a rule of society through implicit approval of
lawmakers and therefore generally obligatory and legally binding
Requisites:
◆ Proved as a fact
◆ Not contrary to law
◆ # of repeated acts
◆ Uniformly performed
◆ Juridical intention – make a rule a social conduct
◆ Sufficient lapse of time
Law is written by the congress, custom is unwritten, spontaneous and comes
from society
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Art. 11. Customs which
are contrary to law, public
order or public policy shall
no be countenanced.
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Art. 12. A custom must be
proved as a fact,
according to the rules of
evidence.
Art. 13. When the laws
speak of years, months,
days or nights, it shall be
understood that years are
of 365 days each, months
of 30 days; days, of 24
hours; and nights, from
sunset to sunrise.
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Presumption of Acting- person acts in accord to custom of the place
Presumed non-existent- when those who should know, does not know
Kinds of custom
◆ “general” custom- that of a country
◆ May be:
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Propter legem (in accord w/ law)
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Contra legem (against the law)
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“Legal Periods.
◆ “Year” - 12 calendar months;
◆ “month” - 30 days, unless it refers to a specific calendar month
◆ “Day”- 24hrs; and
◆ “night” - sunset to sunrise]
Examples
◆ 10 months= 300 days
◆ 1 year= 365 days (except in computing birthdate)
◆ March= 31 days (because month is specifically indicated)
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If months are designated
by their name, they shall
be computed by the
number of days which
they respectively have.
In computing a period, the
first day shall be excluded
and the last day shall be
included.
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Art. 14. 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
public international law
and to treaty stipulations
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Art. 15. Laws relating to
family rights and duties,
or the status, condition
and legal capacity of
persons are binding upon
citizens of the Philippines
even though living
abroad.
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1 week= seven successive days (week of labor “in absence of
agreement” is considered 6 labor days)
Civil or Solar Month -if months are not designated by name, a month is
considered 30 days
Meaning of “Day” applied to filing of pleadings
◆ considered “filed” even after office hours
◆ days are considered 24hrs
◆ considered filed at the time of mailing
Computation of Periods -first day will be excluded and last day included
Ordinary contract- act is still due regardless if Sunday or legal holiday
Time refers to a period prescribed by Rules of Court, order of the court or by
any other applicable statute- last day will be the next day
“On or about” envisage -envisage period, months or even 2-4 yrs
“Until Further Notice” prescribes -limit of extension of contract specifically
receipt of notice
Territoriality- any offense committed within our territory offends the state
(citizen or alien can be punished within Ph laws)
Generality - aliens, male or female come under our territorial jurisdiction
Asaali v Commissioner of Customs – 5 sailing vessels on the high seas bet
British North Borneo and Sulu under Ph registry were intercepted carrying
smuggled cigarettes. (HELD: Yes, the vessel were of Ph Registry, and int’l law
states that a state has the right to protect itself and its revenues)
Exceptions
◆ Principles of public int’l law- immunities granted to diplomatic
officials and visiting heads
◆ Covered if:
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they travel incognito but with the knowledge of our gov’t
officials
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if travelling incognito, arrested and they reveal their identity
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friendly foreign army given permission are usually exempt
from civil & criminal responsibility
◆ Presence of treaty stipulations- Ph-US military bases agreement
(exempting members of the AFUS from jurisdiction of our courts)
“Status” -personal qualities and rlations, MOL permanent in nature and not
ordinarily terminable at his own will.
Scope (Nationality Principle)
◆ Family rights and duties
◆ Status
◆ Condition
◆ Legal capacity
◆ Applicability- applicable to Filipino citizens
◆ Capacity to enter into ordinary contract- capacity will be governed
by the national law of the person
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Art. 16. Real property as
well as personal property
is subject to the law of the
country where it is
situated.
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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
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Art. 17. The forms and
solemnities of contracts,
wills and other public
instruments shall be
governed by the laws of
the country which they
are executed.
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When the acts referred to
are executed before the
diplomatic or consular
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Capacity under the “code of commerce” -foreigners and companies created
abroad may engage in Ph subject to the law of their country in respect to
capacity to contract
Capacity to enter into other relations
◆ Capacity to acquire, encumber, assign, donate or sell property
depends on lex situs
◆ Capacity to inherit depends on the national law of the descendant
◆ Capacity to get married depends on the law of the place where the
marriage was entered (lex loci celebrationis)
Lex Rei Sitae-law of the place where the property is situated
Applications of Lex Rei Sitae
◆ Bank deposits in the Ph even if belonging to a foreigner may be
subject to attachments (Wells Fargo Bank v Collector)
◆ Pampanga Sugar Mills was negotiated, perfected and
consummated at San Francisco, California (Held: NO, all factors
took place in California, their tax rules will apply)
Exception to the Lex Situs Rule- successional rights: (governed by national law
of the deceased)
◆ Order of succession
◆ Amount of successional rights
◆ Intrinsic validity of the provisions of a will
◆ Capacity to succeed
◆ Defect of Art 16, Para 2 (Successional Rights)
DEFECT EX: Filipino dies living in China, per Art 16, the land should be under
Ph disposition. However, if China does not respect the law of Ph, there is
nothing we can do because the land is in China
Renvoi Problem
◆ referring back
◆ Lucy Christensen v Helen Christensen Garcia (California Law that
the succession of rights be under the law of domicile of the
deceased-Ph)
Doctrine of Lex Loci Celebrationis
◆ insofar as extrinsic validity (forms and solemnities) is concerned
◆ the rules of where it was made shall apply in determining its validity
Formalities for the Acquisition, Encumbering, or Alienation of Property
◆ governed by lex rei sitae for real or personal property
◆ the law of the country where the property is located shall govern
Rule of Exterritoriality -acts done abroad before the Ph diplomatic and
consular officials, the solemnities of Ph laws shall be observed
Rule of Respecting Prohibitive Laws- EXCEPTION to the rule, foreign law,
contract, or judgment can be given effect, the reason is that public policy in
the Ph prohibits the same
officials of the Rep of the
Ph ina foreign country,
the solemnities
established by Ph laws
shall be observed in their
executions.
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Ex: Prostitution (legal in other countries, illegal in PH- this article
shall not be applied)
Intrinsic Validity of Contracts
lex loci voluntatis
◆ the law of the place voluntarily selected
◆ prevailing rule in Private International Law
lex loci intentionis- law of the place intended by the parties to contract
observe honest and good
faith.
Prohibitive laws
concerning persons, their
acts or property, and
those which have for their
object public order, public
policy and good customs
shall not be rendered
ineffectively by laws or
judgements promulgated,
or by determinations or
conventions agreed in a
foreign country.
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Art. 18. In matters which
are governed by the Code
of Commerce and special
laws, their deficiency shall
be supplied by the
provisions of this code.
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Rule in case of conflict between the civil code and other laws
◆ in case of conflict with the code of commerce or special laws, the
civil code shall only be SUPPLETORY except if otherwise provided
under the civil code
◆ Ex: Enriquez v Sun Life Assurance- Hindi natanggap ang
acceptance letter on life insurance; DECISION: No, because
acceptance was never made known. Insurance Law contains no
rule on the matter, the civil code supplied the deficiency.
Civil code is superior
◆ Common carriers- code of commerce supplies the deficiency
◆ Insolvency – special laws supply deficiency
Usury -under the new civil code, in case of conflict, usurious transactions are
governed by special laws
Rule in Statutory Construction -general rules is that special law governs in case
of conflict
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CHAPTER 2- HUMAN RELATIONS
Art. 19. Every person
must, in the exercise of his
rights and in the
performance of his duties,
act with justive, give
everyone his due, and
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Formulated to present basic principles that are to be observed for the rightful
relationship between human beings and the stability of social order.
Stress of the Article
◆ Acting with justice
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Art 20- indemnification of another due to illegal acts
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Art 21-due to immoral acts
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Art. 20. Every person
who, contrary to law,
willfully or negligently
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Art 24- unfair competition
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Art 22- unjust enrichment
◆ The giving to everyone his due
◆ The observance of honesty and good faith
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Honesty-careful regard for other’s rights and property
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Good faith- honest intention to avoid taking undue
advantage of another
Art26- respect for the personality and dignity of others
Art250 restraint of undue extravagance
Art 31 et seq- independent civil actions
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Ex: The Board of liquidators v Heirs of Maximo M Kalaw et al
(Kalaw was the general manager of NACOCO, when he died,
action was brought to his heirs to recover the losses;
DECISION: Held, damages cannot be recorded for Kalaw and
the Board did not act in bad faith)
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Ex: Albetz Investments, Inc v Court of Appeals (Issue on
occupants of the house being demolished without giving
them sufficient time to remove their personal belongings;
DECISION: Held, since no reasonable time was given. The act
was carried out without justice and good faith)
Anonymous Complaints -SC does not as a rule act on anonymous complaints
except when the charge can be fully borne by public records
Inexperienced “Counsel de Oficio”- incompetence does not necessarily make
an oficio unfit to be a member of the bar
Plea for Social Justice- law on obligations and contracts cannot be nullified for
plea of social justice
Veiled Threat on Dispensers of Justice- subject justices to the threat of an
investigation or prosecution for official acts subverts their independence
Law and Equity- Justice is done according to law. Equity follows the law.
Bad Faith
◆ Ex: Sea Commercial Co., Inc v Court of Appeals (Sea Co
nakigkumpetensya sa iyang sariling dealer nga migasto na, tainted
with bad faith ang giatay)
Sexual Harassment is about power exercised by a superior over a subordinate
◆ Elements of abuse of right:
◆ existence of a legal right or duty
◆ exercised in bad faith
◆ sole intent of prejudicing or injuring another
◆ Ex: (Tan V Valeriano)- Malicious Prosecution
Negligence- failure to observe for the protection of the interests of another
person
Willful or Negligent Acts -art 20 punishes illegal acts done willfully or
negligently
Torts
causes damage to
another, shall indemnify
the latter for the same.
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◆ Spanish tort- based on negligence
◆ American tort- based on malice
No action for damages would prosper-if someone is damaged, he does not
necessarily have the rights to be indemnified (Ex. No rights to prizes may be
asserted by the contestant unless they were proclaimed winners)
Judiciary can interfere in decisions of Religious Tribunals -civil courts cannot
pass upon the abandonment of faith by a member of the church
Courts cannot just set aside rules as long as the standards fixed are reasonable
and not arbitrary
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Willful acts contrary to morals -expand the concept of torts by granting
adequate legal remedy for the untold number of moral wrong
‘Malicious Prosecution’ - unfounded criminal action
Art 21 Distinguished from Art 20
Art 20
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Art 21
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act contrary to law
Art. 21. Any person who
willfully causes loss or
injury to another in a
manner that is contrary to
morals, good customs or
public policy shall
compensate the latter for
the damage.
done willfully or negligently
act is contrary to morals, good
customs and public policy
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done willfully
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Misconduct -wrongful intention and NOT mere error of judgment
Can there be an action for breach of promise to marry
◆ Yes, for recovery of actual damages
◆ Under the civil code, there can be no recovery for moral damages. But,
there MAYBE a grant of moral damages if there be moral seduction.
◆ -Ex: Cecilo Pe, et al v Alfonso Pe (Married man seduced Lolita to fall in
love with him contrary to morals, good customs and public policy)
Rights of aggrieved party in cases:
◆ There is carnal knowledge
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recognize the child and give support thereof
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sure for moral damages if there is criminal or moral seduction
(not if there is mutual lust)
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sue for ACTUAL damages if there are expenses for wedding
preparations
◆ No carnal knowledge
Art. 22. Every person who
through an act of
performance by another,
or any other means,
acquires or comes into
possession of something
at the expense of the
latter without just or legal
ground, shall return the
same to him.
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there can be ACTUAL and MORAL damages when there has
been a deliberate desire to inflict loss or injury or when there
is an abuse of a right.
Breach of promise of employment- for breach of promise of employment to
succeed, nothing short of an actual, clear, and positive promise on the part of
the prospective employer must be shown by competent evidence
Man cannot bring an action for moral damages if he is a fault
Nominal damages- granted for vindication or recognition of a right violated
or invaded
Price Increases -prices and costs of materials and labors should be given 12%
interest per annum
Anti-sexual harassment act
◆ RA 7877 approved Feb 14, 1995
◆ state shall value the dignity of every individual
◆ all forms of sexual harassment are hereby declared unlawful
Sexual harassment and jurisprudence -“sexual harassment” does not
necessarily constitute grave misconduct
Garnishment and public policy 1- govt funds and properties may not be seized
under writs of execution)
Chain of rights- Damages may be recoverable due to an abuse of right
◆ Ff elements must be obtained: 1. Legal right or duty, 2. Must be
exercised in bad faith, 3. There is sob intent of prejudicing or injuring
another
An action based on tort - there must be a finding that the act or omission
complained of was done in good faith
No person should unjustly enrich himself at the expense of another -except
when property is obtained by virtue of judgment of court
◆ Example: A owed B money thru a promissory note. After paying, he
lost the receipt and he was asked to pay again. When he found again
the receipt, he is entitled to get back what he intentionally but
unwillingly paid for
“Quantum Meruit”- contractor is allowed to recover the reasonable value of
the services rendered despite the lack of written contract
Essential Requisites of an “Accion in Rem Verso”
◆ one party must be enriched while the other poorer
◆ there must be a casual relation between the two
◆ enrichment must not be justifiable
◆ no other way to recover
◆ indemnity cannot exceed the loss or enrichment
Indemnity in the form of nominal damages
◆ -Ex: (Business Services of the Future Today Inc., v C.A. – SC held that
where the dismissal is for an authorized cause, the employer should
however, indemnify the employee in the form of nominal damages
Art. 23. Even when an act
or event causing damage
to another’s property was
not due to the fault or
negligence of the
defendant, the latter shall
be liable for indemnity if
through the act or event
he was benefited.
➔
➔
➔
Art. 24. In all contractual,
property or other
relations, when one of the
parties is at a
disadvantage on account
of his moral dependence,
ignorance, indigence,
mental weakness, tender
age or other handicap, the
courts must be vigilant for
his protection.
➔
➔
➔
Art. 25. Thoughtless
extravagance in expense
for pleasure or display
during a period of acute
public want or emergency
may be stopped by order
of the courts at the
instance of any
government or private
charitable institution.
➔
Art. 26. Every person shall
respect the dignity,
personality, privacy, and
peace of mind of his
neighbors and other
persons. The following
and similar acts, though
➔
➔
➔
➔
Duty to Indemnify Because of Benefit Received
◆ indemnify- to secure against hurt, loss or damage
◆ unless there is a duty to indemnify, unjust enrichment will occur
Example
◆ w/o A’s knowledge, a flood drive his cattles to a cultivated highland
thereby destroying the crops. A was not at fault but he was benefited
so it is right that he is indemnified.
they may not constitute a
criminal offense, shall
produce a cause of action
for damages, prevention
and other relief:
(1.) Prying into the privacy of
another’s residence
(2.) Meddling with or disturbing
the private life or family
“parens patriae”
relations of another;
◆ Father or parent of his country
(3.) Intriguing to cause another
◆ sovereign power of the state to safeguard the rights of persons with
to be alienated from his
disability
friends
◆ PD 603 “Child and Youth Welfare Code”
(4.) Vexing or humiliating
“Vigilant for His Protection” -in case of doubt, the doubt must be resolved in
another on account of his
favor of the underdog
religious beliefs, lowly
Inadmissibility of Confessions obtained through coercion -essential for a
station in life, place of
confession’s validity is that it proceeds from the free will of a person
birth, physical defect, or
confessing
other personal condition.
Some rules on labor
◆ Right to be notified 1 month ahead if their services will no longer be
needed
◆ It is unfair labor practice if an employer prohibits if employees from
joining mass demonstration against police abuses
◆ Right to fire employees must not be abused
Art. 27. Any person
suffering material or
Reason for curtailing thoughtless extravagance -may incite the passions of
moral loss because a
those who cannot afford to spend
public servant or
Who can bring the action -ONLY a charitable institution may bring the action;
employee refuses or
a mayor will need a court order
neglects, without just
cause, to perform his
official duty may file an
action for damages and
other relief against the
latter, without prejudice
to any disciplinary
administrative action that
Duty to Respect dignity and privacy
may be taken.
Remedies
◆ an action for damages
◆ an action for preventions
◆ any other relief
Scope
◆ prying into the privacy of another’s residence
◆
➔
➔
➔
➔
➔
➔
➔
meddling or with or disturbing the private life or family relations of
another
◆ intriguing to cause another to be alienated from his friends
◆ vexing or humiliating
Surveillance Camera and Right to Privacy- no installation should cover places
where there is reasonable expectation of privacy
Refusal or Neglect in the Performance of Official Duty
◆ pabagsak- gift given so illegal thing may be done,
◆ pampadulas- gift given to facilitate or expedite the doing of a legal
thing,
◆ pampasalamat- gift given in appreciation of a thing already done
Prosecution has the burden of proving the ff elements:
◆ offender is a public officer
◆ who requested or received a gift, a present, a share, a percentage or a
benefit
◆
on behalf of the offender or any other person
◆ in connection with a contract or transaction with the government
◆ in which public officer, in an official capacity under the law has the
right to intervene
Example: A goes to gov’t office where B is working, instead of attending to A,
B just reads the newspaper. If A suffers material or moral loss, B will be held
liable
Civil service law applies to gov’t owned or controlled corp
Bribes, Kickbacks and other similar payments- payment constituting to
deduction of fross income to a gov’t official and employee
Direct Bribery
◆ Involves, inter alia, the act of a public officer in accepting an offer or
promises or receiving a gift
◆ Can seriously affect the public trust
◆
➔
Art. 28. Unfair
competition in
agricultural, commercial
or industrial enterprises or
in labor through the use of
force, intimidation,
deceit, machination or
any other unjust,
oppressive or highhanded method shall give
rise to a right of action by
the person who thereby
suffers damage.
Art. 29. When the
accused in a criminal
persecution is acquitted
on the ground that his
guilt has not been proved
beyond reasonable doubt,
a civil action for damages
for the same act or
omission may be
instituted. Such action
requires only a
preponderance of
evidence. Upon motion of
the defendant, the court
may require the plaintiff
to file a bond to answer
for damages in case the
complaint should be
found to be malicious.
If in a criminal case the
judgement of acquittal is
based upon reasonable
doubt, the court shall so
declare. In the absence of
any declaration to that
➔
➔
➔
➔
➔
➔
➔
➔
Serious charge w/c would merit the dismissal from the service of a
judge or a forefeiture of his benefits
Necessary in a system of free enterprise.
◆ Ex: Philip S. Yu v Court of Appeals- exclusive distributorship of House
of Mayfair; DECISION: Held. Right to perform an eclusive
distributorship agreement
Article speaks for unfair competition in: agricultural, commercial, and
industrial enterprises; and Labor
◆ Ex: (Ayuda v. people)- Selling 2 notebooks and a pad at 0.25 each
when EO 337 implementing RA509, fixed ceiling of notebooks and
pads at 0.23 and 0.20; DECISION: Held, national policy against
profiteering
Test of Unfair Competition- whether certain goods have been intentionally
clothed with appearance to deceive ordinary purchases
Monopoly- privilege/advantage vested in 1 or more persons or companies
consisting in the exclusive right or power to carry on a particular business or
trade
Example of Civil Action after Acquittal in a Criminal Case- A was accused of
theft but was acquitted. B can still institute civil damages for the same act
Criminal and Civil Liabilities
◆ person criminally liable is also civilly liable
◆ separate and distinct: criminal aspect- affects the social order,
punishment or correction of the offender
◆ civil aspect- affects the private rights, reparation of damages suffered
by the aggrieved party
◆ ex: Conrado Bunyag Jr v Court of Appeals and Zenaida B Cirilo- the
case of rape against bunyag was dismissed but he was not
extinguished from the civil liabilities from the case
Criminal liability is harder to prove than civil liability because the former
demands proof of guilt beyond reasonable doubt, the other, mere
preponderance of evidence
◆ civil obligation is based ex-contractu and not ex-maleficio or exdelicto
◆ decision did not state that civil liability might not arise
◆ acquittal is based on reasonable doubt as to guilt and DOES NOT
prevent a suit to enforce civil liability for the same act
Rule in Ambassador; Tax Cases
EXAMPLE: Republic v Pedro B Patanao: Patanao was acquitted of a criminal
case for failure to file income tax return. He was later sued by the government
civilly for the collection of the tax due; HELD: Patanao must still pay the taxes
◆ acquittal of criminal case is not important; under RPC, civil liability is
the result of a crime; IRC civil liability arises first
effect, it may be inferred
from the text of the
decision whether or not
the acquittal is due to that
ground.
◆
collection of tax is not a criminal case because criminal prosecution is
not one of the remedies stated in the law of collecting taxes
Survival of the Civil Liability Depends on Whether the same can be predicated
on sources of obligations other than delict
Claim for civil liability is also extinguished altogether with criminal action if it
were solely based thereon (Villegals c. Court of Appeals)
➔
➔
➔
Art. 30. When a separate
civil action is brought to
demand civil liability
arising from a criminal
offense, and no criminal
proceedings are instituted
during the pendency of
the civil case, a
preponderance of
evidence shall likewise be
sufficient to prove the act
complained of.
Civil Liability arising from an unprosecuted criminal offense
◆ EX: A accused B of stealing his watch and filed a civil case against B in
the fiscal.
●
If the fiscal institute criminal proceeding, the civil case is
suspended
●
If the fiscal does not, then the civil case will continue with the
preponderance of evidence
No independent civil action here -same w/ art 29
Civil Liability
◆ EX: People vs Dimaala- the court rendered judgement to Agapito
DImaala guilty beyond reasonable doubt for the treacherous killing of
Rodrigo Marasigan. However, Dimaala died on Aug 23, 2016 at the
New Bilibid Prison thereby extinguishing all of his criminal liability as
per art 89 of RPC. However, his civil liability survives and the victim
may file a separate civil action against his estate.
Effect of Accused’s Death on his Criminal and Civil Liabilities
◆ EX: People vs De Chavez- De Chavez was charged with murder; he
filed for an appeal which was later dismissed by court. However,
during the pendency of his appeal, De Chavez died in prison. Per art
89 of RPC para 1, De Chavez will be extinguished of all criminal and
civil liabilities. However, the heirs of the victims may still file a civil
case against his estate
➔
➔
➔
➔
Art 31. When the civil
action is based on an
obligation not arising
from the act or omission
complained of as a felony,
such civil action may
proceed independently of
the criminal proceedings
and regardless of the
result of the latter
➔
➔
➔
Independent Civil Action- one that is brought distinctly and separately from
a criminal case allowed for considerations of public policy
Instances when the law grants an independent civil action:
◆ Art 32- breach of constitutional and other rights
◆ Art 33- defamation, fraud, physical injuries
◆ Art 34- refusal or failure of city or municipal police to give
protection
◆ Art 2177- quasi-delict or culpa aquilana
SCOPE: Art 31 contemplates a case where the obligation does not arise
from a crime
EXAMPLE:
◆ Republic v Bello- accused was acquitted of the criminal case of
malversation but the govt may still file a civil action to recover
the govt funds disbursed by him without prior authority
➔
➔
➔
➔
Art 32. Any public officer
of employee, or any
private individual, who
directly or indirectly
obstructs, defeats,
violates or in any manner
impedes or impairs any of
the following rights and
liberties of another person
shall be liable to the latter
for the damages:
1.
Freedom of religion
2. Freedom of speech
3.
Freedom to write for the
press or maintain a
periodical publication
4. Freedom from arbitrary or
illegal detention
5. Freedom of suffrage
6. The right against
deprivation of property
w/o due process of law
7.
The right to a just
compensation when
private property is taken
for public use
8. The right to equal
protection of the laws
9. The right to secure in
one’s person, house,
➔
➔
➔
Acquittal of civil case- civil action CANNOT constitute a bar to the criminal
suit for 2 actions that are entirely dinstinct from each other, and may
therefore be litigated upon independently. (Dapat kung anong criminal
case ang finile, dun ka lang din magbase sa case mo ng civil suit)
Civil liability survives- statute of limitations on the civil liability is deemed
interrupted during the pendency of the criminal case; there is no forfeiture
of a right to file a separate civil action by prescription (naka on hold ang civil
suit while ongoing ang criminal case)
Civil Liability “Ex Delicto” may be enforced :
◆ Thru a civil action implicitly instituted in the criminal action
◆ Thru a civil action filed separately before or after the criminal
action upon reservation of the right to file it separately in the
criminal action
Every person criminally liable is also civilly liable
Civil liberties guaranteed by the constitution (art 32) is aimed at protecting
the individual against oppression through gov’t action.
EXAMPLE CASES:
◆ Alberca v Fabian Ver- persons apprehended and imprisoned
without charges during the Martial law
●
Public officer/employee/individual are liable in
damages for violating constitutional rights and
liberties of another, it does not exempt military
officials from their responsibility
◆ Ayer Productions v Hon Capulong- issue on the “The four-day
revolution” video on the violation of rights of privacy
●
Right of privacy cannot be invoked to resist
publication and dissemination of matters of public
interest.
◆ Lupangco et. Al. V Court of Appeals- issue against PRC issuing
Resolution 105 prohibiting examinees from attending review
classes, receiving handout materials 3 days before the scheduled
date of examination
●
Resolution 105 is not only unreasonable and
arbitrary, it also infringes on the examinee’s right to
liberty guaranteed by the constitution. PRC has no
authority to dictate on the reviewers as to how they
should prepare themselves for the licensure
examinations
Additional rights:
◆ Freedom of suffrage
◆ Freedom from being coerced to confess guilt or from being
induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a state
witness
papers, and effects
against unreasonable
searches and seizures
10. The liberty of abode and
of changing the same
11. The privacy of
communication and
correspondence
12. The right to become a
member of associations or
societies for purposes not
contrary to law
13. The right to take part in a
peaceable assembly to
petition the govt to
redress of grievances
14. The right to be free from
involuntary servitude in
any form
15. The right of the accused
against excessive bail
16. THe right of the accused
to be heard by himself
and counsel, to be
informed of the nature
and cause of the
accusation against him, to
have a speedy and public
trial, to meet the
witnesses face to face,
and to have compulsory;
process to secure the
attendance of witness in
his behalf
17. Freedom from being
compelled to be a witness
against one’s self or from
being forced to confess
guilt or from being
induced by a promise of
immunity or rewards to
make such confession
except when the person
confessing becomes a
state witness
➔
➔
➔
➔
➔
➔
The ff can be made liable:
◆ Any public officer or employee
◆ Any private individual evenif he be in good faith
EXEMPTIONS:
◆ Judges are not liable unless the act or omission is a crime
●
Sample cases:
●
Serrano v Munoz Motors- public service
commissioner commits an act in violation of civil
liberties; HELD: NO- he is not liable for in here he has
the same category as a judge
●
Lim v De Leon- Fiscal Ponce de Leon ordered the
seizure of motor launch without a search warrant;
HELD: YES- he is liable for illegal seizure and
violation of constitutional rights, the good faith of
the fiscal is immaterial
Art 32 allows an independent civil action whether or not a crime has been
committed with an indemnification for moral and exemplary damages in
addition to other damages.
Exemplary damages- award is discretionary with the court
The defendant is not the state but the public office involved
◆ Festejo v Fernando- issue on the construction of DPWH of a
canal on the land of Festejo where the trial court dismissed the
case on the ground that the suit is filed against the state; HELD:
the dismissal was not proper, because under art32, pubic
officials are not exempt from responsibility
◆ HOWEVER, if the law granting the authority does not provide
for or name the officer entering into a contract, the state itself
may be sued without its consent, and its consent to be sued is
implied from the very act of entering into such contract.
Reason for the creation of Independent Civil Action under art 32:
◆ Sometimes, the fiscal is afraid to prosecute fellow public officials
◆ Even when fiscal files a criminal case, said case requires proof of
guilt beyond reasonable doubt, a reqmt much harder to comply
than mere preponderance of evidence
◆ There are many unconstitutional acts which are not yet made
crimes. The remedy for this is civil action
Freedom from excessive
fines or cruel and unusual
punishment, unless the
same is imposed or
inflicted in accordance
with a statute which has
not been judicially
declared unconstitutional;
and
19. Freedom of access to
courts.
In any of the cases
referred to in this article,
whether or not the
defendant’s act or
omission constitute a
criminal offense, the
aggrieved party has a
right to commence an
entirely separate and
distinct civil action for
damage, and for other
relief. Such civil action
shall proceed
independently of any
criminal prosecution (if
the latter be instituted),
and may be proved by a
preponderance of
evidence.
➔
18.
Art 33. In cases of
defamation, fraud, and
physical injuries, a civil
action for damages,
entirely separate and
distinct from the criminal
action, may be brought by
the injured party. Such
civil action shall proceed
independently of the
criminal prosecution, and
shall require only a
preponderance of
evidence.
➔
➔
The indemnity shall
include moral damages.
Exemplary damages may
be also adjudicated.
The responsibility herein
set forth is not
demandable from a judge
unless his act or omission
constitutes a violation of
the Penal Code or other
penal statute.
➔
➔
Defamation- libel or slander or intrigue against honor
◆ Should not be held to account to a point of suppression for
honest mistake or imperfection in choice of words
◆ Privileged communication- EXEMPTION extends only to
matters that are patently related to the subject of the inquiry
◆ CASES:
●
Bacobo v Estanislao- Radio broadcast heard in
balanga, bataan; HELD: No, municipal court have no
jurisdiction, suit must be filed in the RTC of the
province
●
Rufo Quemel v CA- Rufo was convicted at the RTC for
libel and appealed before the CA, however, the CA
affirmed the decision and awarded another
indemnity of 2k with subsidiary imprisonment, Rufo
appealed to the SC for erroneous decision of the CA;
HELD: the petitioner’s contention is untenable
because of the ff:
○
Appeal in criminal case (libel) open the
whole case for review w/c includes penalty
that may be increased
○
On appeal, appellate courts may assess
damages or indemnity
○
Libel causes dishonor, disrepute and
discredit- complainant are not required to
introduce evidence of actual damages
○
Civil liability arises not from the debt but
from a crime
Fraud- estafa or swindling
Physical Injuries- including consummates, frustrated and attempted
homicide, murder, parricide, infanticide- so long as there was physical
injury
◆ Criminal negligence do not fall under the purview of art 33
◆ Marcia v Court of Appeals- separate civil action should be
dismissed if the criminal action on reckless driving has been
acquitted on the ground that he was not negligent and the entire
mishap was “pure accident”
◆ Art 33 do not refer to unintentional acts or those without malice
2 kinds of tort in the Ph:
◆ American concept- done maliciously or intentionally
◆ Spanish tort- culpa aquiliana or quasi delict which is based on
negligence
Necessity of Reserving the Civil Aspect of Criminal Case:
◆ If Y files Civil Case against X (physical injuries) and during its
pendency, criminal case is filed against X, should the civil case
be suspended for the meantime?
●
◆
◆
Art 34. When a member of
a city or municipal police
force refuses or fails to
render aid or protection to
any person in case of
danger to life or property,
such peace officer shall be
primarily liable for
damages, and the city or
municipality shall be
subsidiarliy be responsible
therefor. The civil action
herein recognized shall be
independent of any
criminal proceedings and
a preponderance of
evidence shall suffice to
support such action.
➔
Art 35. When a person,
claiming to be injured by a
criminal offense, charges
another with the same,
for which no independent
➔
➔
➔
➔
Ans: (Civil case is brought AHEAD of the criminal
case) Civil case will not be suspended
If the criminal case had been brought first, may the civil case be
brought either during the former’s pendency or later EVEN W/O
A RESERVATION?
●
Ans: (TBD)
Case Decisions:
●
Garcia v Florido- police filed a criminal case of
reckless imprudence resulting in physical injuries
WITHOUT making a reservation as to the civil aspect,
when the victim was well enough to go to court, they
filed a civil case despite the pending criminal case;
ISSUE: is the civil case allowed despite the pendency
of the criminal proceedings; HELD: Yes, while it is
trye that a reservation should have been made under
Rule 111 of the Revised Rules of Court, still the Rule
does not state when the reservation is supposed to
be made. Here the victims had no chance to make the
reservation (hospitalized) and the trial has not even
begun.
Independent Civil Action for the liability of city or municipal police force
◆ Primary Liability- assessed against the member of the police
force who refuses or fails to render aid or protection
◆ Subsidiary liability- imposed on the city/municipality concerned
in case of insolvency
City or municipal govt concerned can be sued for subsidiary liability
Art 34 does not include the PNP Force and to National Gov’t
Art 35 applies to cases when there is no independent civil action
Example- woman accused her classmate of committing unintentional
abortion, the fiscal refused to institute criminal proceedings. She may bring
a civil action against the offender. If in the course of the trial an information
civil action is granted in
this code or any special
law, but the justice of the
peace finds no reasonable
grounds to believe that a
crime has been
committeed, or the
proceedings, the
complainant may bring a
civil action for damages
against the alleged
offender. such civil action
may be supported by a
preponderance of
evidence. Upon the
defendant’s motion, the
court may require the
plaintiff to file a bond to
indemnify the defendant
in case the complaint
should be found to be
malicious.
is presented charging the classmate with the crim, the civil action shall be
suspended until the termination of the criminal proceedings
If during the pendency of
the civil action an
information should be
presented by the
prosecuting attorney, the
civil action shall be
suspended until the
termination of the
criminal proceedings.
Art 36. Prejudicial
questions, which must be
decided before any
criminal prosecution may
be instituted or may
proceed, shall be
governed by rules of court
which the Supreme Court
shall promulgate and
which shall not be in
conflict with the
provisions of this Code.
➔
Prejudicial question- one which must be decided first before a criminal
action may be instituted or may proceed because a decision therein is vital
to the judgment in the criminal case.
◆ Civil case must involve the same facts upon the criminal
prosecution will be based
◆ EX: (Bigamy) If the accused claims that the first marriage is null
and void (the right to decide this is vested in another tribunal),
the civil action for nullity must first be decided before the action
of bigamy can proceed.
◆ Question which is based on a fact distinct and separate from the
crime but so intimately connected with it that its resolution is
determinative of the guilt or innocence of the accused.
◆
◆
Requisites of Prejudicial Questions:
●
Civil case involves facts intimately related to those
upon which the criminal prosecution would be based
●
In the resolution of the issue or issues raised in the
civil actions, the guilt or innocence of the accused
would necessarily be determined
●
Jurisdiction to try, said question must be lodged in
another tribunal
CASES:
Case
Facts
Issue
Merced v Diez
-Merced was forced -to marry Caesar.
-He sued for the annulment of the 2nd
marriage on the grounds of force &
intimidation
-Ceasar countered with criminal charge
of bigamy
-Merced filed a motion to suspend the
criminal proceedings of bigamy until
the termination of the annulment case
on theory that the annulment was a
prejudicial question
WON the annulment was a
prejudicial question
People v Adelo
- A was married to B (1st marriage)
-Later, A forced C to marry him
-C filed an action to cancel the
marriage and A was accused of bigamy
-A alleges that the civil case is a
prejudicial question
WON the cancellation of
marriage (civil case) was a
prejudicial question
Sample
-A was forced to marry B
-A sued for annulment
-during the pendency of the case, A
married C
-C filed a criminal case against A for
bigamy
-A alleges that the annulment
proceedings is a prejudicial question
WON the annulment case
was a prejudicial question
against the complainant for
the cancellation of
copyright granted to the
complainant
-A then asked for the
postponement of his
criminal case on the ground
that the civil action raised is
a PQ
Republic v Ret
-A was criminally accused
and was found guilty for
failure to file income tax
The annulment is a prejudicial question because if he was forced, there was no consent to theand
2nd for filing false income
marriage and he cannot therefore be guilty of the crime of bigamy.
tax returns
-The gov’t filed a civil suit
to recover the taxes
-A pleaded prescription
-The govt alleged that the
filing of the criminal
proceedings is a PQ
Ruling
Ocampo v
Judge Tancinco
Facts
-A was charged criminally
for violating the copyright
law
-A brought civil action
-Before in
unlawfull
A should
its cancel
WON the filing of
the criminal
proceedings
constituted a PQ
NO. beca
case do n
or the oth
the presc
the comm
civil suit.
➔
Not all previous questions are prejudicial although all PQ are necessarily
previous
➔ Principle of PQ is to be applied even if there is only 1 court but the court
must be distinct and different from itself when exercising jurisdiction when
trying a criminal action or a civil suit
➔ Petition to suspend criminal action based on PQ in a civil action may be filed
NO. The decision of the annulment case is irrelevant and A can still be charged with bigamy because
in the office of the prosecutor or the court conducting prelim investigation.
of the ff:
1.
If not anulled, bigamy can prosper
➔ Defendant in a criminal case may raise the issue of PQ
2.
If anulled, bigamy can still prosper because he was still married at the time he contracted
➔ Civil action based on defamation, fraud and physical injuries (art 33) may be
his 2nd marriage with C.
*voidable marriage is considered valid until annulled.
independently instituted and does not operate as a PQ
Other instances of PQ:
●
In criminal case for damage to one’s property, civil
action on the ownership of property should first be
resolved.
●
Civil Action on the obligation to pay wages is a PQ to
the criminal prosecution for the delay of payment of
wages.
Instances of Non-PQ
Cases
cancelled
NO. A employed force for the 2nd marriage with C. He cannot use his own crime as defense.
BOOK 1. - PERSONS
Title I. Civil Personality
Chapter 1- General Provisions
➔
➔
complainant) is a
PQ
Issue
WON the civil case
brought by A
(cancellation of
copyright of the
➔
Person- any being, natural or artificial, capable of possessing legal rights and obligations
➔ 2 kinds of persons:
1.
Natural - human being created by God through the intervention of the parents
2.
Juridical- those created by law
Art
37. Juridical capacity,
Ruling
which is the fitness to be
NO. becausethe
thesubject
copyright
of legal
of the complainant
relations,isis inherent in
presumedevery
to benatural
duly person and
granted until and unless
is lost only through death.
➔
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➔
➔
Juridical capacity- fitness to be the subject of legal relations
Capacity to act- power to do acts with legal effect
Full or Complete Civil Capacity- union of the 2 kinds of capacity
Ex: a 1 yr old boy has juridical capacity but has no capacity to act until he
becomes 18 where he will have full capacity.
Capacity to act, which is
the power to do acts with
legal effect, is acquired
and may be lost
Juridical Capacity
●
●
●
●
●
●
●
Passive
Inherent
Lost only thru death
Can exist w/o capacity to act
●
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Restrictions on Capacity to Act:
●
Minority (below 18)
●
●
●
Art 38. Minority, insanity
or imbecility, the state of
being a deaf-mute,
prodigality and civil
interdiction are mere
restrictions on capacity to
act, and do not exempt
the incapacitated person
from certain obligations,
as when the latter arise
from his acts or from
property relations, such as
easements
Art 39. The following
circumstances, among
others, modify or limit
Active
capacity to act: age,
Merely acquired
insanity,by
imbecility, the
Lost thru death & may be restricted
other causes
state of being a deafExists always w/ juridical capacity
mute, penalty,
prodigality, family
relations, alienage,
absence, insolvency and
18 y/o below
trusteeship. The
needs parental consent before
he can enter
consequences
of these
into an ordinary contract (VOIDABLE);
circumstances are
has restricted capacity to act governed in this Code,
other codes, the Rules of
Insanity- person’s mind is sickCourt and in special laws.
Imbecility- person thinks like a small child
Capacity to act is not
(feeblemindedness)
limited on account of
religious belief or political
May be sane or insane
opinion.
May make a will but not a competent witness
Capacity to act
●
Insanity or imbecility
●
●
●
State of being deaf-mute
●
●
●
●
Prodigality
●
●
Civil Interdiction
●
●
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to a notarial will
However, deaf-mute can be a competent
A married woman,
witness as long as he has faculty
to make years of age
twenty-one
observations and can make those
or over, is qualified for all
observations known to others (People v
acts of civil life, except in
Aleman)
cases specified by law.
state of squandering money
CHAPTER 2- NATURAL PERSONS
Deprivation by court of a person’s right:
➢ Parental or marital authority
➢ Guardian of a person & property of a ward
➢ To dispose of his property by an act inter
vivos (he cannot donateART
but 40.
canBirth
makedetermines
a
will)
personality; but the
➢ To manage his own property
conceived child shall be
Effect in general of the restrictions:
considered born for all
➢ Restrictions in art 38 do not
extinguish
purposes
that are
capacity to act; merely restricts/limits;
favorable to it, an
provided it
insane person’s contract is merely
be bornvoidable
later with the
and not void
conditions specified in the
➢ Incapacitated person is not exempt
from
following
article
certain obligations arising from his acts
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Presumptive personality- personality at conception
If the conditions of Art 41 is not complied with, the birth and death of the
child will not be recorded in the civil registry
If a physician operates on a pregnant woman and aborts the baby- the
parents is entitled to moral damages and exemplary damages (not actual
damages- injury to rights of deceased)
Newborn Screening Act of 2004- RA 9288
◆ Policy of the state to promote the right to health of people
including the rights of children to survival and full and healthy
development as normal individuals
◆ Ensure that every baby born in the Ph is offered the opportunity
to under newborn screening IOT be spared from heritable
conditions that can lead to mental retardation and death if
undetected
Art 41. For civil purposes,
the fetus is considered
born if it is alive at the
time it is completely
delivered from the
mother’s womb.
However, if the fetus had
an intra-uterine life of less
than seven months, it is
not deemed born if it dies
within twenty-four hours
after its completely
delivery from the
maternal womb
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➔
The effect of death upon
the rights and obligations
of the deceased is
determined by law, by
contract and by will.
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Art 43. If there is doubt, as
between two or more
persons who are called to
succeed each other, as to
which of them died first,
whoever alleges the death
of one prior to the other,
shall prove the same; in
1.
Ordinary
At least 7 months
Mere birth is sufficient
the absence of proof, it is
presumed that they died
2. Extraordinary
Less than 7 months
Child must live for at least 24 hrs after complete
delivery from maternal womb at the same time and
there shall be no
Fetus is considered born only for civil purposes (Art 41) w/c are beneficial
transmission of rights
(Art40)
from one to the other.
Conceived child
◆ thru the mother may receive a donation only if the donation is
not onerous or burdensome; otherwise, it will be invalid
◆ Can be acknowledge even before it is born; entitled to be
supported
➔
If one is under 15, the other above 60
Younger (former)
Both over 15 & under 60; sexes are
different
male
Both over 15 & under 60; sexes are the
same
older
If one under 15 or over 60 & the other
is between these ages
The latter
If there are known or knowable facts, preponderance of evidence controls
CHAPTER 3- JURIDICAL PERSONS
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➔
Art 42. Civil personality is
extinguished by death.
2 kinds of children:
➔
Civil personality is extinguished by death
Effect of physical death determined:
◆ Law
◆ Contract
◆ Will
EX: If a person made voluntary heir dies before the testator, he cannot be
represented by his own heirs
Other legal effects of death:
◆ Right to support ends
◆ Marriage (void or voidable)
◆ Tenure of public office
◆ Property or estate left by him will be subject to tax as if he were
alive
◆ If a person dies after he authorized another to sell his property,
the sale after his death is not valid if the agent has knowledge of
his death and even if the buyer be in good faith
Person’s estate- may continue personality for the purpose of settling debts
(SC decision)
Case: Dumlao v Quality Plastics- summons could not be validly served on
want for civil personality if the defendant is already dead.
Case: People v Tirol and Baldesco- convicted defendant died while the case
was on appeal. His death extinguished his criminal liability but proceedings
should continue to determine civil liability
Presumption of survivorship
calamity)
(when two persons perish in the same
If both under 15 y/o
older
Both above 60 y/o
younger
Art 44. The following are
juridical persons
(1)
The state and its political
subdivisions
(2) Other corporations,
institutions and entities
for public interest or
purpose, created by law;
their personality begins as
soon as they have been
constituted according to
law
(3) Corporations,
partnerships and
associations for private
interest or purpose to
which the law grants a
juridical personality,
separate and distinct from
that of each shareholder,
partner or member.
Art 45. Juridical persons
mentioned in Nos. 1 and 2
of the preceding article
are governed by the laws
creating or recognizing
them.
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➔
Classification:
◆ Public juridical persons- public corporations like province and
city; state itself
◆ Private juridical persons- private corporation; partnerships;
foundations
Personality begins:
◆ Private corporations- the moment a certificate of incorporation
is granted to it by the SEC; cannot be regarded as possessed of
a personality separate and distinct from its members; only a
PRIVILEGE granted by the state
◆ Partnership- even if not registered is a juridical person provided
that it has been validly constituted.
Examples of JP:
◆ Postal savings bank is a JP, separate & distinct from the govt, a
suit against it is not a suit against the govt
◆ Republic V PNB- PNB can still be sued because it has JP of its
own; it is only a gov’t controlled bank
◆ By virtue of a charter given to Bangko Sentral, it can now be sued
◆ Roman Catholics of a parish is not a JP because there was no
provision of law granting their JP
Office of the government such as Bureau of Printing has no JP and therefore
cannot be sued
Necessary that JP is granted by law, if not, it cannot have JP
➔
Nationality of a corporation- determined by the place of incorporation
➔
EXCEPTIONS:
◆ Grant of the rights of the constitution to the operation of public
utilities, and for the acquisition of land and other natural
➔
➔
➔
Private corporations are
regulated by law of
general application on the
subject.
◆
resources, even if incorporated here cannot acquire said rights
unless 60% if its capital be Philippine-owned
During war, we may pierce the veil of corporate identity, and go
to the very nationality of the controlling stockholder regardless
of wher ehte incorporation had been made
Art 47. Upon the
dissolution of
corporations, institutions
and other entities for
public interest or purpose
mentioned in No. 2 of
article 44, their property
and other assets shall be
disposed of in pursuance
of law or the charter
creating them. If nothing
has been specified on this
point, the property and
other assets shall be
applied to similar
purposes for the benefit
of the region, province,
city or municipality which
during the existence of
the institution derived the
principal benefits from
the same.
Partnership and
associations for private
interest or purpose are
governed by the
provisions of this Code
concerning partnership.
(36 and 37a)
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Art 46. Juridical persons
may acquire and possess
property of all kinds, as
well as incur obligations
and bring civil or criminal
actions, in conformity
with the laws and
regulations of their
organization. (38a)
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Rights of JP
◆ Acquire and possess property of all kinds
◆ Incur obligations
◆ Bring civil or criminal actions
While Corporation can be held liable w/o any personal liability on the part
of the stockholders, stockholders may still be held for obligations
contracted by the corp if the corporate entity is being used as an alter ego
for the benefit of the stockholders
Corporations cannot form a partnership because the relationship of trust
and confidence in partnership is absent.
Capacity to acquire lands- religious corporation not controlled by Filipinos
cannot acquire lands
Parity amendment- ex: american citizen can acquire lands in the Ph, exploit
natural resources and operate public utilities only if his state grants
reciprocal parity rights
Capacity to engage in retail trade- persons not citizens of PH where the
capital is not owned wholly by Filipino citizens are prohibited from
engaging in retail trade.
Non-existent partnerships and corporations cannot sue but they may be
sued.
Unregistered labor organizations cannot sue
Dissolved corporations can still continue prosecuting/defending for the
next 3 years.
Estoppel- judicial device in common law legal systems whereby a court may
prevent or "estop" a person from making assertions or from going back on
his or her word
◆ A person who contracts with a “corporation” cannot later deny
its personality
◆ Person who represents himself as an agent of a nen-existing
corporation can be personally sued.
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➔
How assets are to be distributed:
◆ Apply the provisions of law or charter creating them
◆ If there is no provision, assets will be for the benefit of the place
w/c was already receiving the principal benefits during the
existence of the corporation or association
Corporations exercise its power and transact business thru its board of
directors, officers, and agents as authorized
Concept of close corporation- organized for the purpose of running a family
business or property
Non-forum shopping- should be executed and signed by the plaintiff or the
principal; physical signing may be performed on behalf of the corporate
entity because corporations are artificial persons
Title II- Citizenship and Domicile
Citizenship- status of being a citizen or of owing allegiance to a certain state for the privilege of being under its
protection
Nationality- racial or ethnic relationship
3 kinds of citizens
Natural-born- citizens from birth w/o having to perform any act to acquire or perfect Ph citizenship
2. Naturalized citizens- citizens who became such thru judicial proceedings
Citizens by election- citizens who became such by exercising the option to elect a partial citizenship within a
reasonable time after reaching the age of majority
1.
3.
1.
2 Theories on place or ancestry of Citizenship
Jus soli- if born in a country, person is citizen of the same (no longer applied in Ph)
2. Jus sanguinis- follows the citizenship of parents; by blood (rule in the Ph)
Exercise of Rights of a Filipino Citizen- is not conclusive proof that he/she is a Filipino citizen; can be exercised
simply by representing oneself to be Filipino
Hague convention on conflict of nationality laws- “Any question to whether a person possesses the nationality of a
particular state should be determined in accordance of the law of that state”
Situations of Dual or Multiple Nationalities:
●
●
Through marriage
Through a naturalized citizen’s failure to comply with certain legal reqmts in his country of origin
●
Combined application of jus soli and jus sanguinis
●
Legislative acts of the state
●
By the voluntary act of the individual concerned
◆
◆
RA 9225- Dual citizens has the same right of suffrage as that granted an absentee voter
◆
●
Statelessness may be brought by:
●
Commission of a crime
●
Renounced his nationality by certain acts, express or implied
●
Voluntarily asked for a release from his original state
May have been born in a country w/c only recognizes the principle of jus sanguinis of parents whose law only
recognizes the principle of jus soli
◆
◆
◆
➔
Law of stateless individuals: (Hague Conference 1928)
●
Law of domicile
●
Law of the place of temporary residence
Art 48. The following are
citizens of the Philippines:
Those who were citizens
of the Philippines at the
time of the adoption of
the constitution of the
Philippines
(2) Those born in the
Philippines of foreign
parents who, before the
adoption of said
constitution, had been
elected to public office in
the Philippines;
(3) Those whose fathers are
citizens of the Philippines
(4) Those whose mothers are
citizens of the Philippines
and upon reaching the
age of majority, elect
Philippine citizenship
(5) Those who are naturalized
in accordance with law
➔
(1)
➔
Children of FILIPINO FATHERS
◆ Jus Sanguinis
◆ Applies WON the mother is a Filipina
◆ Rule for Naturalized Filipino Father:
●
A minor child born before naturalization:
○
If born in the Ph – Filipino
○
If born outside the Ph –
◆ If dwelling in the Ph at the
time
of
the
parent’s
naturalization – Filipino
◆ If dwelling outside the Ph at
the time of the parent’s
naturalization – Filipino only
during his minority unless he
resides permanently when
still a minor, he will continue
to be a Ph Citizen even after
becoming of age.
●
A minor child born after naturalization:
○
If born in the Ph – Filipino
○
If born outside the Ph – Ph citizen unless
within 1 yr after reaching the age of
majority he fails to register as Ph Citizen
at the Ph consulate
Children of FILIPINO MOTHERS
➔
➔
Art 49. Naturalization and
the loss and reacquisition
of citizenship of the
Philippines are governed
by special laws.
Filipino mothers, upon reaching age of majority elects Ph
citizenship (1935 constitution)
Requisites:
●
Father must not be a Filipino
●
Mother must be a Filipino
●
Upon reaching the age of majority, child elects Ph
citizenship
Moment the mother be a Ph citizen- it is sufficient for the
mother to have been a Filipino citizen at the time of her
marriage to a foreigner (3rd theory)
Reasonable period- depends on the circumstances (3 yrs)
The legitimate child will take the nationality of the father before
he/she elects Ph nationality
Illegitimate child will take the nationality of the mother
Naturalization- process of acquiring citizenship of another country:
◆ In strict sense, it is a judicial process
◆ In loose and broad sense, means not only the judicial process
but also the acquisition of another citizenship such as marriage
Attributes of Naturalization:
◆ Is not a right but a privilege
◆ Requisite conditions laid down by congress
◆ Only foreigners may be naturalized
◆ May be revoked
◆ Demands allegiance to our constitution, laws and govt
Qualifications of naturalization
◆ Petitioners must not be less than 21 yrs of age on the date of the
hearing of the petition
-minors do not have to file petition if their father is
already naturalized
- age reqmt is as of the date of the hearing of the
petition
-age of majority of petitioner does not matter
◆ Must have, as a rule, resided in the Ph for a continuous period of
not less than 10 yrs
-ACTUAL and SUBSTANTIAL residence
-reqmt may be reduced to 5 yrs if:
1.
Applicant honorably held office under the
govt or under that of any province, city,
municipality or political subdivisions
2. He has established a new industry or
introduced a useful invention in the Ph
3.
Married to a Filipino woman
4. Had been engaged as a teacher in a public
or recognized private school not
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➔
➔
Art 50. For the exercise of
civil rights and the
fulfillment of civil
obligations, the domicile
of natural persons is the
place of their habitual
residence.
➔
➔
established for the exclusive instruction of
children of persons of a particular
nationality or race in any branches of
education or industry for 2 yrs
5.
If he was born in the Ph
◆ Must be of good moral character, and believe in the principles
underlying the Ph constitution, and must have conduct himself
in a proper and irreproachable manner during the entire period
of his residence in the Ph in his relation with the constituted govt
as well as with the community in w/c he is living
◆ He must own real estate in the Ph worth not less than 5,000, Ph
currency, or must have some lucrative trade, profession or
lawful occupation
◆ Must be able to speak and write english or spanish, and any one
of the principal Ph languages
◆ Must have enrolled his minor children of school age in any of the
public or private schools recognized by the bureau of private
schools where Ph history, govt and civics are taught or
prescribed as part of the curriculum during the entire period of
the residence required of him, prior to the hearing of his petition
for naturalization as citizen.
Disqualification of Naturalization (kapoy na suwat wa man sad gidiscuss)
➔
1.
Domicile of Origin
●
●
Acquired at birth
Applies only to infants
Never changes
Fixed by law
2.
Constructive
Domicile
(domicile by
operation of law)
●
●
●
●
Given after birth
All those who lack capacity to choose
May change from time to time
Fixed by law
3.
Domicile of
Choice
●
Voluntary will and
action of the person
Rules of Domicile
Child/Infant
Domicile- one’s permanent place of abode
Citizenship and nationality- ties of allegiance and loyalty
Domiciliary Theory
◆ Our law makes in some cases the law of domicile as the
controlling factor in the solution of conflicts (Art 829-Civil code)
◆ Some codal provisions uses both domiciliary and nationality
theories (Art 816)
◆ This theory solves conflict problems posed by stateless
individuals and dual or multiple citizenship
◆ During US control to the PH, many domiciliary rules were
engrafted in our jurisprudence
◆ Important nations of the world have almost invariably adopted
this theory.
Domicile- place where a person has certain settled, fixed legal relations
because:
◆ Assigned to him by law at the moment of birth
◆ Assigned to him by law after birth on account of legal disability
◆ Because he has his home there
Three kinds of Domicile
●
●
Domicile of Origin
Legitimate
child
Choice of his father
Choice of the father; if the
father is dead, choice of
the mother
Illegitimate
Choice of mother
Choice of the mother
Legitimated
Domicile of father
adopted
Domicile of real parent
(consanguinity)
Foundling
(abandoned
infant)
Domicile of country
where it was found
Ward
➔
Constructive Domicile
On
rem
one
Choice of the guardian
Choice of husband
Fun
Choice of the adopter
Rules for Married Women (constructive domicile)
Valid Marriage
D
Wife may be allowed to have a separate
domicile if:
1.
Husband lives abroad
2. Legally separated
3.
Husband forcibly ejects wife from
conjugal home to have relations with
another
4. Separation de facto of the spouses
Art 51. When the law
creating or recognizing
them or any other
provision does not fix the
domicile of juridical
persons, the same shall be
understood to be the
place where their legal
representation is
established or where they
exercise their principal
functions.
Voidable Marriage
Choice of husband (until annulled); choice of
woman (after annulment)
VOID
Choice of the woman
➔
Residence- place of abode whether permanent or temporary
➔
Rules for Determining the Domicile of Juridical persons
◆ Get the domicile provided for in the law creating or recognizing
them or in their articles of agreement
◆ If not provided; get the place where their:
●
Legal representation is established
●
Exercise their principal functions
Domicile of De Facto Partnership
◆ Defectively organized partnership with de facto existence
Domicile of Corporation with a head office and branches
◆ Head office- where the domicile is located
➔
➔
TITLE I- MARRIAGE- CHAPTER I