35550182 PERSONS Midterms Reviewer

8/3/2019 35550182 PERSONS Midterms Reviewer

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C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.

KATRINA LEGARDA | 1PERSONS: Midterms Reviewer

NCC1-18RAC 18-24:Chapter 5

OPERATION AND EFFECT OF LAWSSec. 18. When Laws Take Effect. -Laws shall take effect after fifteen(15) days following the completion of their publication in the OfficialGazette or in a newspaper of generalcirculation, unless it is otherwiseprovided.

Sec. 19. Prospectivity. - Lawsshall have prospective effect unlessthe contrary is expressly provided.

Sec. 20. Interpretation of Lawsand Administrative Issuances. - In theinterpretation of a law oradministrative issuance promulgatedin all the official languages, theEnglish text shall control, unlessotherwise specifically provided. Incase of ambiguity, omission ormistake, the other texts may beconsulted.

Sec. 21. No Implied Revival of Repealed Law.- When a law whichexpressly repeals a prior law itself repealed, the law first repealed shallnot be thereby revived unlessexpressly so provided.

Sec. 22. Revival of LawImpliedly Repealed. - When a lawwhich impliedly repeals a prior law isitself repealed, the prior law shall

thereby be revived, unless therepealing law provides otherwise.

Sec. 23. Ignorance of the Law. -Ignorance of the law excuses no one

from compliance therewith. Chapter 6OFFICIAL GAZETTE

Sec. 24. Contents. - There shall bepublished in the Official Gazette alllegislative acts and resolutions of apublic nature; all executive andadministrative issuances of generalapplication; decisions or abstracts of decisions of the Supreme Court and

the Court of Appeals, or other courtsof similar rank, as may be deemed bysaid courts of sufficient importance tobe so published; such documents orclasses of documents as may berequired so to be published by law;and such documents or classes of documents as the President shalldetermine from time to time to havegeneral application or which he mayauthorize so to be published.

The publication of any law,resolution or other official documentsin the Official Gazette shall be primafacie evidence of its authority.

NCC2/RAC18Effectivity of NCC August 30, 1950

Cases:1. Pesigan v Angeles

a. Executive orders

2. Tañada v Tuveraa. A6 §6 1973 Constitution –

matter of public concernb. Presidential Decrees

3. Fariñas v Executive Secretary

a. Defective effectivity clausealthough does not make entirelaw invalid

b. Tañada v Tuvera: “unless it isotherwise provided” refers to thedate of effectivity and not therequirement of publication itself,which cannot in any event beomitted.

c.Laws which amends old laws4. MRCA v CA

a. Manchester

b. Sun Insurancec.Supreme Court Rulings

5. National Electrification Administration v Gonzagaa. Not in OG or newspaper of

general circulationb. Electric Coop Election Codec.Of general interest because

everyone consumes electricity6. Garcilliano v House of

Representativesa. Xxx

NCC3: Ignorance of the lawexcuses no one from compliancetherewith.

- Dictated by necessity- Actual ignorance of the law

would thus afford immunityMistake of Fact:

Ignorantia facti may excusethe party from the legal



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KATRINA LEGARDA | 2consequences of his conduct; but notignorance of the law for ignorantia juris neminem excusat .

Cases:

1. Kasilag v Rodrigoa. Antichresis, done in good faith2. Elegado v CTA

a. Foreigners cannot be any lessbound by our laws in our owncountry

b. Elegado was a Filipino lawyerrepresenting the foreign company– shows ignorance of the law.

3. Manzano v Sanchez a. A judge ought to know that a

subsisting previous marriage is a

diriment impediment, whichwould make the subsequentmarriage null and void

NCC4: Laws shall have noretroactive effect, unless thecontrary is provided.

RPC22: Penal laws shall haveretroactive effect insofar as theyfavor the person guilty of a felony,who is not a habitual criminal…,

although at the time of publication of such laws a final sentence has beenpronounced and the convict is servingthe same.

FC256: This code shall haveretroactive effect insofar as it doesnot prejudice or impair vested oracquired rights in accordance withthe CC and other laws.

Exceptions to Rule:A. When the law itself so

expressly providesB. In case of remedial statutesC. In case of curative statues

D. In case of laws interpretingothersE. In case of laws creating new

rights

Cases:1. Frivaldo v COMELEC

a. The repatriation or Frivaldoretroacted to the date of the filingof his application on August 17,1994.

2. Gregorio v CA

a. Retroactive effect of procedural law; General Rule:exception

b. The retroactive effect of aprocedural law is not violative of any right of a party who may feelthat he is adversely affected.

3. Aruego Jr. v CA

a. An action for compulsoryrecognition and enforcement of successional rights which wasfiled prior to the advent of the FC

must be governed by A285 of theCC and not by A175(2) of the FC.

b. Its application will prejudicethe vested rights of privaterespondent to have her casedecided under A285 of the CC.

4. Cang v CAa. A256 of the FC provides for its

retroactivity insofar as it does notprejudice or impair vested or

actual rights in accordance to theCC and other laws.

b. FC August 3, 1988: A188;consent of adoption: (1) person tobe adopted (if 10 ≥); (2) parents

by nature; …5. Francisco v CA

a. NCC158 and 160 have beenrepealed by the FC254 (not 253)which took effect on August 3,1988. Nonetheless, the SC cannotinvoke the new law in this casewithout impairing the rightspursuant to FC256 in relation toFC105(2).

NCC5: Acts executed against the

provisions of mandatory orprohibitory laws shall be void,except when the law itself authorizes their validity. NCC17(3)

NCC6: Rights may be waived,unless the waiver is contrary tolaw, public order, public policymorals, or good customs, orprejudicial to a third person witha right recognized by law.

Elements of Right:1. Subjects

a. Active – entitled todemand the enforcement of the right

b. Passive – duty-bound tosuffer its enforcement

i. Determinate person –personal rights



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KATRINA LEGARDA | 3ii. Indeterminate person –

real rights2. Object – things or services to

satisfy human wants, physical orspiritual.

3. Efficient Cause – the fact thatgives rise to the legal relation

Kinds of Rights:1. Political – participation of

persons in the government of the State

2. Civil – all othersa. The rights of

personality – human rights,arise from the fact of being aman. (right to damages)

b. Family rights – rights of a person as a member of afamily

c.Patrimonial rights – thesehave property for theirobject; economic satisfactionof men (damages itself)

i. Real rights –ownership, mortgage,etc.

ii. Personal rights –right to collect debt

Renunciation of Waiver:1. The right, benefit or

advantage must exist at the timeof the waiver

2. Knowledge of such existence3. Intention to relinquish it4. Voluntary choice

Requirements of Waiver:

1. He must actually have theright which he renounces.

2. He must have the capacity tomake the renunciation.

3. The renunciation must be

made in a clear and unequivocalmanner.

Cases:1. PEFTOK v NLRC

a. Quitclaims were prepared andreadied by PEFTOK andemployees were forced to sign thesame for fear that they would notbe given their salary on pay day,and worse, their services wouldbe terminated if they did not sign

the said quitclaims undercontroversy.b. NO VOLUNTARINESS

2. Valderama v Macaldea. The contention of the

petitioners that the respondentshad waived their right of firstrefusal is not supported byevidence. (requirements of waiver)

3. DM Consunji v CAa. The claims for damages

sustained by workers in thecourse of their employment couldbe filed only under the Workmen´s Compensation Law, to theexclusion of all further claimsunder other laws. The CA heldthat the case at bar came underexception because privaterespondent was unaware of petitioner´s negligence when she

filed her claim for death benefitsfrom the State Insurance Fund.

NCC7: Laws are repealed only bysubsequent ones, and their

violations and non-observanceshall not be excused by dis-use,or custom or practice to thecontrary.When the court declares a law tobe inconsistent with theConstitution, the former shall bevoid and the latter shall govern.Administrative or executive acts,orders and regulations shall bevalid only when they are notcontrary to the laws or the

Constitution.

Kinds of Repeal:1. Express or declared repeal -

contained in a specialprovision of a subsequent law

2. Implied or tactic repeal – takesplace when the provisions of the subsequent law areincompatible or inconsistentwith those of an earlier law

1987 ConstitutionARTICLE VIII

Judicial Department SECTION 3. The Judiciary shall

enjoy fiscal autonomy.Appropriations for the Judiciarymay not be reduced by thelegislature below the amountappropriated for the previous yearand, after approval, shall be



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KATRINA LEGARDA | 4automatically and regularlyreleased.• Rarely implied repeal

• There has to be LEGISLATIVEINTENT to repeal

• REPEAL BU IMPLICATION notfavored

• Only a law can repeal a law• JURIS PRUDENCE – judicial

decision• SC decisions are interpretations

to fill in legislations deficienciesand provide a rule of a givencase

Cases:1. Mecano v COA

a. NO implied repeal. Twocategories of implied repel:

i. where provisions in thetwo acts on the samesubject matter are in anirreconcilable conflict, thelater act to the extent of theconflict constitutes animplied repeal.

ii. if the later act coversthe whole subject of theearlier one and is clearlyintended as a substitute, itwill operate to repeal theearlier law. Both are notapplicable to the RAC andthe Administrative Code of 1987.

2. Solangon v Salazar a. Rationale of CA: Upon the

repeal of the Usury Law byCentral Bank Circular No. 905 on

22 December 1982, there is nomore interest ceiling or maximumrate of interest, and the rate will just depend on the mutualagreement of the parties.

b. Interest at 6% per month, or72% per annum is iniquitous orunconscionable, and hence,contrary to morals (‘contra bonosmores’), if not against the law.

c.It is more consonant with justicethat the said interest rate bereduced equitably.

d. An interest of 12% per annumis deemed fair and reasonable.

e. The appealed decision of theCourt of Appeals is AFFIRMED

subject to the MODIFICATION thatthe interest rate of 72% perannum is ordered reduced to 12% per annum

3. Thornton v Thorntona. SC holds that the Family Code

Act of 1997 did not empower thefamily courts to exclusively issuewrits of habeas corpus and it didnot revoke the capacity of SC andCA to issue writs of habeascorpus. In relation to the word

“exclusive”, although it isassumed that the language of thelaws should follow commonunderstanding, the spirit of thelaw and intention of thelawmakers come first than legaltechnicalities.

b. The petition may likewise befiled with the Supreme Court,Court of Appeals, or with any of its members and, if so granted,

the writ shall be enforceableanywhere in the Philippines.

NCC8: Judicial decisions applyingor interpreting the laws or the

Constitution shall form a part of the legal system of thePhilippines.

Doctrine of Stare Decisis – thedecision of the SC becomes a judicialprecedent to be followed insubsequent cases by all courts in theland.

- Interpretation placed upon thewritten law by a competentcourt has the force of LAW.

- Forms a LAW of the land

Cases:1. De Roy v CA

a. Non-publication of theHabaluyas decision in the OG

b. There is no law requiring thethe publication of SC decisions inthe OG before they can be binding

c. Duty of lawyer in active lapractice to keep abreast of SCdecisions particularly where

issuances have been clarified,consistently reiterated, andpublished in the advanced reportsof GRs and in such publications asthe SCRA and law journals.

2. Pesca v Pescaa. The interpretation placed upon

the written law by a competentcourt has the force of law (legisinterpretado legis vim obtinet )



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KATRINA LEGARDA | 5b. The intendment of the law has

been to confine the meaning of ‘psychological incapacity’ to themost serious cases of personalitydisorders clearly demonstrative of

an utter insensitivity or inability togive meaning and significance tothe marriage. – citing the CanonLaw

NCC9: No judge or court shalldecline to render judgment byreason of the silence, obscurityor insufficiency of the laws.

RPC5: Duty of the court inconnection with acts which should be

repressed but which are not coveredby the law, and in cases of excessivepenalties. - Whenever a court hasknowledge of any act which it maydeem proper to repress and which isnot punishable by law, it shall renderthe proper decision, and shall reportto the Chief Executive, through theDepartment of Justice, the reasonswhich induce the court to believe thatsaid act should be made the subjectof penal legislation.

In the same way the court shallsubmit to the Chief Executive,through the Department of Justice,such statement as may be deemedproper, without suspending theexecution of the sentence, when astrict enforcement of the provisions of this Code would result in theimposition of a clearly excessivepenalty, taking into consideration the

degree of malice and the injurycaused by the offense

• If the law is clear, it must beapplied: dura lex sed lex

• In applying the law, the court

should discover and give effect toits spirit. The spirit of the law maybe found in the precedents whichserved as its basis as well as inthe history of its formation.

Customs – may be defined as the juridical rule which results from aconstant and continued uniformpractice by the members of a socialcommunity, with respect to aparticular state of facts, and observed

with a conviction that it is juridicallyobligatory.

Requisites of Custom:(for custom to have the for of suppletory rule)1. Plurality of acts, or various

resolutions of a juridical questionraised repeatedly in life;

2. Uniformity, or identity of theacts or various solutions to the juridical question;

3. General practice by the greatmass of the social group;

4. Continued performance of these acts for a long period of time;

5. General conviction (by thecommunity) that the practicecorresponds to a juridical necessityor that it is obligatory;

6. The practice must not becontrary to law. Morals or publicorder

Custom v Law

1. Origina. Custom – society;spontaneous

b. Law – governmental power of the State; conscious creation

2. Forma. Custom – tacit; not writtenb. Law – express, written law

NCC10: In case of doubt in theinterpretation or application of laws, it is presumed that the

lawmaking body intended rightand justice to prevail.

NCC11: Customs which arecontrary to law, public order orpublic policy shall not becountenanced.

NCC 12: A custom must beproved as a fact, according to therules of evidence.

1987 ConstitutionARTICLE XIINational Economy and Patrimony

SECTION 5. The State,subject to the provisions of thisConstitution and nationaldevelopment policies andprograms, shall protect the rightsof indigenous culturalcommunities to their ancestral



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KATRINA LEGARDA | 6lands to ensure their economic,social, and cultural well-being.

The Congress may providefor the applicability of customarylaws governing property rights or

relations in determining theownership and extent of ancestraldomain.

ROC129 (2),(3):What Need Not Be Proved

Sec. 2. Judicial notice, whendiscretionary . — A court may take judicial notice of matters which are of public knowledge, or are capable tounquestionable demonstration, orought to be known to judges because

of their judicial functions. (1a)Sec. 3. Judicial notice, when hearingnecessary . — During the trial, thecourt, on its own initiative, or onrequest of a party, may announce itsintention to take judicial notice of anymatter and allow the parties to beheard thereon.After the trial, and before judgmentor on appeal, the proper court, on itsown initiative or on request of aparty, may take judicial notice of any

matter and allow the parties to beheard thereon if such matter isdecisive of a material issue in thecase. (n)

Cases:1. Martinez v Van Buskirk

a. Acts, the performance of which has not proven destructiveor injurious and which have beengenerally acquiesced in by society

for so long a time has to haveripened into a custom, cannot beheld to be unreasonable orimprudent and that, under thecircumstances, the driver was not

guilty of negligence in so leavinghis team while assisting inunloading his wagon.

2. Alonzo v Paduaa. The petition before us appears

to be an illustration of the Holmesdictum that "hard cases make badlaws" as the petitioners obviouslycannot argue against the fact thatthere was really no written noticegiven by the vendors to their co-heirs. Strictly applied and

interpreted, Article 1088 can leadto only one conclusion to wit, thatin view of such deficiency, the 30day period for redemption had notbegun to run, much less expiredin 1977.

NCC13: When the law speaks of years, months, days or nights, itshall be understood that yearsare of three hundred sixty-fivedays each, months of thirty days;

days of twenty-four hours; andnights from sunset to sunrise.If months are designated by theirname, they shall be computed bythe number of days which theyrespectively have.In computing a period, the firstday shall be excluded, and lastday included.

• No leap years

• No weeks

ROC22: Section 1. How to computetime.In computing any period of time

prescribed or allowed by these Rules,or by order of the court, or by anyapplicable statute, the day of the actor event from which the designatedperiod of time begins to run is to beexcluded and the date of performance included. If the last dayof the period, as thus computed, fallson a Saturday, a Sunday, or a legalholiday in the place where the courtsits, the time shall not run until thenext working day.

RAC §31: Legal Periods. - "Year" shallbe understood to be twelve calendarmonths; "month" of thirty days,unless it refers to a specific calendarmonth in which case it shall becomputed according to the number of days the specific month contains;"day," to a day of twenty-four hours;and "night," from sunset to sunrise.

(ROC22: not applicable to contracts

Cases:1. Armigos v CA

a. NCC13 (last paragraph) issimilar, but not identical, to §4 of the Code of Civil Procedure whichprovided that “unless otherwisespecially provided, the time withinwhich an act is required by law tobe done shall be computed byexcluding the first day and



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KATRINA LEGARDA | 7including the last; and if the lastbe Sunday or a legal holiday, itshall be excluded.”

2. Namarco v Tecsona. Years defined as 365 days,

months are of 30 days not the“natural” or “solar” months unlessthey are designated by name.(Spanish Code)

b. Change in legislation shouldbe done by the congress re:NCC13

3. Go It Bun v Dizona. §23 of the Interim Rules and

Guidelines promulgated by thisCourt to implement BP129 clearlystates: “Perfection of Appeal – in

cases where appeal is taken, theperfection of the appeal shall beupon the expiration of the last dayto appeal by any party.”

4. Quiqui v Boncarosa. Their Motion for

Reconsideration, although datedAugust 16, 1979, was filed withthe trial court on August 17, 1979or one day beyond the 30-dayreglementary period prescribedby Section 3 of Rule 41.

b. SEC. 3. How appeal is taken.— Appeal may be taken byserving upon the adverse partyand filing with the trial courtwithin thirty (30) days from noticeof order or judgment, a notice of appeal, an appeal bond, and arecord on appeal. The time duringwhich a motion to set aside the judgment or order or for a new

trial has been pending shall bededucted, unless such motion failsto satisfy the requirements of Rule 37.

NCC14: applies to allNCC15: Filipinos only . Lawsrelating to family rights andduties, or to the status, conditionand legal capacity of persons arebinding upon citizens of thePhilippines, even though livingabroad.

FC26(2): where a marriage betweena Filipino citizen and a foreigner isvalidly celebrated and a divorce is

thereafter validly obtained abroad bythe alien spouse capacitating him/herto remarry, the Filipino spouse shallhave capacity to remarry underPhilippine law. (EO 227)

Cases:1. Barretto Gonzales v Gonzales

a.Matrimonial residence of thecouple has always been thePhilippines (both Filipinos), theresidence acquired in the State of

Nevada by the husband for thepurpose of securing a divorce wasnot a bona fide residence and didnot confere jurisdiction upon thecourt of the State to dissolve thebonds of matrimony in which hehad entered in 1919.

2. Tenchavez v Escañoa. A foreign divorce between

Filipino citizens, sought and

decreed after the effectivity of theNCC (RA386), is not entitled torecognition as valid in thePhilippines; and neither is themarriage contracted with another

party by the divorced consort,subsequently to the foreigndecree of divorce, entitled tovalidity in this country.

3. Board of Commission (CID) v Dela Rosa

a. There being no proof of Chineselaw relating to marriage, thererises a presumption that it is thesame as that of Philippinelaw..Santiago (grandfather) wasnot pressed by the CID to prove

the laws of China relating tomarriage, having been contentwith his testimony that theMarriage Certificate was lost ordestroyed during the Japaneseoccupation of China.

NCC17: The forms andsolemnities of contracts, will, andother public instruments shall begoverned by the laws of thecountry in which they are

executed.When the acts referred to areexecuted before the diplomaticor consular officials of the RP in aforeign country, the solemnitiesestablished be Philippine lawsshall be observed in theirexecution.Prohibitive laws concerningpersons, their acts or property,



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KATRINA LEGARDA | 8and those which have for theirobject public order, public policyand good customs shall not berendered ineffective by laws or

judgments promulgated, or by

determinations or conventionsagreed upon in a foreign country.

Case:German v Donaldson• Held that a power of attorney

executed in Germany, should betested as to its formal validity bythe laws of that country and notby the provisions of the CC.

• Government v Frank – contractwas entered into in Illinois by a

minor in the Philippines but hadthe capacity in Illinois.

NCC19: Every person must, in theexercise of his rights and in theperformance of his duties, actwith justice, give everyone hisdue, and observe honesty andgood faith.

• To grant indemnity for damagesin cases where there is abuse of

rights, even when the act is notillicit.(READ TOLENTINO)

NCC20: Every person who,contrary to law, willfully ornegligently causes damage toanother, shall indemnify thelatter for the same.

NCC21: Any person who willfullycauses loss or injury to anotherin a manner that is contrary tomorals, good customs or publicpolicy shall compensate the

latter for the damage.

NCC22: Every person whothrough an act or performance byanother, or any other means,acquires or comes intopossession of something at theexpense of the latter without justor legal ground, shall return thesame to him.

Cases:

1. People v Ritter a. Moral and exemplary damagesare awarded to the victim’s heirsdespite acquittal of accused ongrounds of reasonable doubt.Furthermore, it does notnecessarily follow that theappellant is also free from civilliability which is impliedlyinstituted with the criminal action.

b. Doctrin (Urbano v IAC) aperson while not criminally liable,

may still be civilly liable.2. De Tavera v PhilippineTuberculosis Society, Inc.a. The provisions of the NCC oh

Human Relations are merelyguides for human conduct in theabsence of specific legalprovisions and definitecontractual stipulations. The Codeof By-laws of the Society contains

specific provisions governing theterm of office of petitioner.

3. Llorente v Sandiganbayana. Made to pay damages under

A19

4. Carpio v Valmontea. To find the existence of aabuse of right, the followingelements must be present:

i. There is a legal right orduty;

ii. Which is exercised inbad faith;

iii. For the sole intent of prejudicing or injuringanother.

b. A person should be protected

only when he acts in thelegitimate exercise of his right,that is when he acts withprudence and good faith, but notwhen he acts with negligence orabuse.

5. Nikko Hotel Manila Garden v Reyes (Amay Bisaya)

a.Elsewhere, we explained thatwhen "a right is exercised in amanner which does not conformwith the norms enshrined in

Article 19 and results in damageto another, a legal wrong isthereby committed for which thewrongdoer must be responsible. The object of this article,therefore, is to set certainstandards which must beobserved not only in the exerciseof one’s rights but also in theperformance of one’s duties.



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KATRINA LEGARDA | 9 These standards are the following:act with justice, give everyone hisdue and observe honesty andgood faith. Its antithesis,necessarily, is any act evincing

bad faith or intent to injure. Itselements are the following: (1) There is a legal right or duty; (2)which is exercised in bad faith; (3)for the sole intent of prejudicingor injuring another. When Article19 is violated, an action fordamages is proper under Articles20 or 21 of the Civil Code.

NCC37: juridical capacity, whichis the fitness to be the subject or

legal relations, is inherent inevery natural person and is lostonly through death. Capacity toact, which is the power to do actswith legal effect, is acquired andmay be lost.

Kinds of Capacity;(Juridical capacity can exist withoutcapacity to act)• Juridical Capacity o Legal capacity

o Personalityo Aptitude for the holding and

enjoyment of rightso Fitness of man to be the subject

of legal relations• Capacity to Act o Aptitude for the exercise of

rightso Referred merely as capacity

o The ability, poser, qualification,or competency or persons,natural or artificial, for theperformance of civil actsdepending on their state or

condition (status) as defined orfixed by lawo Power to do acts with legal

effect

NCC38: Minority, insanity orimbecility, the state of beingdeaf-mute, prodigality and civilinterdiction are mere restrictionson capacity

• NCC38 – restrictions on capacity

to act but does not render it void• Minority is now 18 years old

(RA6809); a person below suchage is a minor, and has a limitedcapacity to act. Theunemancipated minor cannotenter into contracts (NCC1327par1); gut he may be estoppedfrom disavowing his contract if hehas misled the other party as tohis age.

NCC39: The followingcircumstances, among others,modify or limit capacity to act:age, insanity, imbecility, thestate of being a deaf-mute,penalty, prodigality, familyrelations, alien-age, absence,insolvency and trusteeship. Theconsequences of these

circumstances are governed inthis Code, other codes, the ROC,and in special laws. Capacity toact is not limited on account of religions belief or political

opinion.A married woman, 21 years of age (now read as 18 becauseRA6809 reduced age of majorityto 18 years) or over, is qualifiedfor all acts of civil life, except incases specified by law.

NCC40: Birth determinespersonality; but the conceivedchild shall be considered born forall purposes that are favorable to

it, provided it be born later withthe condition specified in thefollowing article.

• Birth – removal of the fetus fromthe mother’s womb; may be naturalor artificial.

• Fetus is not a person, because of the expectancy that it may be born,the .aw protects it and reserved itsrights, making its legal existence, if it should be born alive, retroact tothe moment of its conception.

• Personality of Conceived child:(1)limited, only for purposesfavorable to the child; (2)provisional or conditional, dependson the child being born alive later,such that if it is not born alive, itspersonality disappears as if it hadnever existed.



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KATRINA LEGARDA | 10NCC41: For civil purposes, thefetus is considered born if it isalive from the time it iscompletely delivered from themother’s womb. However if the

fetus had an intra-uterine life of less than seven months, it is notdeemed born if he dies within 24hours after its complete deliveryfrom the maternal womb.

• Separation from mother –produced by the cutting of theumbilical cord, whether naturallyor through surgical operation

• It is enough that the child liveseven for an instant

• Premature Birth – the Coderequires the child should live atleast 24 hours after completeseparation from the mother’swomb.

(1987)Constitution, A2, S12:Right of the mother and right of theunborn child from conception

(1975)PD 605: Child and YouthWelfare Code

A5: unborn child has rights

RPC – 1932NCC – 1950FC – 1958

Cases:1. Roe v Wade

a. 3-6 months (trimesters);stages of birth is equal to a child’sPERSONALITY

b. In the US, a f etus i s not aperson, as compared to the

Philippines2. Geluz v CA (changed by A2S12 of the Consti)

a. Dead child has no rightb. Against the 1987 Constitution

and PD603c.Legal capacity e.g. inheritanced. LIFE at BIRTH: absolute

precedent of rights3. Quimiging v Icao

a. There was no mention of howold the unborn child was

b. Rights of the fetus wererecognized because of NCC40

c.Legal Ralations – Personality –Legal Capacity

4. De Jesus v Syquiaa. An unborn child can get

support and be recognizedb. Plaintiff begot a child with the

defendant, the latter wrote lettersto a priest recognizing the child ashis, before the child was born,asking the priest to baptize the

child after it was born; it was heldthat those letters could be thebasis of an action for thecompulsory acknowledgment of the child by the defendant afterits birth.

NCC42: Civil personality isextinguished by death. The effectof death upon the rights and

obligations of the deceased isdetermined by law, by contractand by will.

• This article refers to natural or

physical death, because this isthe only kind of death recognizedby the present legislation; doesnot apply to “civil death”

• Upon the death of a person, thesubject of legal relationsdisappear

Cases:1. Limjoco v Intestate Estate of pio fragantea. Estate continues personality

b. The state or the mass of property, rights and assts left bythe decedent, instead of the heirsdirectly, become vested andcharged with his rights andobligations which survive after hisdemise. Under the present legalsystem, rights and obligationswhich survive after death have tobe exercised and fulfilled only bythe estate of the deceased.

2. Dumlao v Quality Plastics

a. Service of summons on a deadperson is void. He had no morecivil personality. His juridicalcapacity, which is the fitness to bethe subject of legal relations, waslost through death.

3. Eugenio Sr. v Velez a. A man and woman not legally

married who cohabit for manyyears as husband and wife, who



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KATRINA LEGARDA | 11represent themselves to thepublic as husband and wife, andwho are reputed to be husbandand wife in the community wherethey live may be considered

legally “married” in common law jurisdictions but not in thePhilippines.

b. Right to bury a dead persondoes not include a common lawhusband who is still married.

4. Marcos v Manglapusa. Death of Mr. Marcos has not

changed the factual scenariounder which the Court’s decisionwas rendered

b. The threats to the

government, to which the returnof the Marcoses has been viewedto provide a catalytic effect, havenot been shown to have ceased.

Provisional PersonalityA. Capacity to be part of legal

relations – when you are bornB. Capacity to act

a. Does not make an act void(because of limitations)

b. Capacity to do acts with legal

effectsc.Types:

i. Voidable Actii. Unenforceable act1. Incapacitated parties2. Both parties are incapable of

giving consentiii. Void act

1. NCC1409DEATH:

• Summons not served prior todeath have no effect

• Even after death you can stillpose a “threat” to the country

• Everybody dies of cardio

respiratory failure• JURIDICAL PERSON dies when it

terminates its existenceo Human beingso Provisional (baby in womb)o Quasi (property)

NCC43: If there is doubt, asbetween two or more personswho are called to succeed eachother, as to which of the diedfirst, whoever alleges the death

of one prior to the other, shallprove the same; in the absenceof proof, it is presumed that theydied at the same time and thereshell be no transmission of rightsfrom one to other.

• Applies only when the question of survivorship involves persons“who are called to succeed eachother.”

ROC131 S3 (jj – kk):(jj) That except for purposes of succession, when two persons perishin the same calamity, such as wreck,battle, or conflagration, and it is notshown who died first, and there areno particular circumstances fromwhich it can be inferred, thesurvivorship is determined from theprobabilities resulting from the

strength and the age of the sexes,according to the following rules:

1.If both were under the age of fifteenyears, the older is deemed to have

survived;2.If both were above the age sixty,the younger is deemed to havesurvived;3.If one is under fifteen and the otherabove sixty, the former is deemed tohave survived;4.If both be over fifteen and undersixty, and the sex be different, themale is deemed to have survived, if the sex be the same, the older;5.If one be under fifteen or over sixty,

and the other between those ages,the latter is deemed to have survived.

(kk) That if there is a doubt, asbetween two or more persons whoare called to succeed each other, asto which of them died first, whoeveralleges the death of one prior to theother, shall prove the same; in theabsence of proof, they shall beconsidered to have died at the sametime. (5a)

Case:1. Joaquin v Navarro

a. Jr. died before motherb. The evidence of survivorship

need not be direct, it may beindirect, circumstantial orinferential. Where there are facts,known or knowable, from which arational conclusion can be made,the presumption does not step in,



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KATRINA LEGARDA | 12and the rules of preponderance of evidence controls.

NCC44: The following are juridicalpersons:

(1) The State and its politicalsubdivisions;(2) Other corporations,institutions, and entities forpublic interest or purpose,creates by law; their personalitybegins as soon as they havebeen constituted according tolaw;(3) Corporations, partnershipsand associations for privateinterest or purpose to which the

law grants a juridicalpersonality, separate anddistinct from that of each shareholder, partner or member.

NCC45: The juridical personmentioned in Nos. 1 and 2 of thepreceding article are governed bythe laws creating or recognizingthem.Private corporations aregoverned by laws of general

application on the subject.Partnerships are associations forprivate interest or purpose aregoverned by the provisions of this Code concerningpartnerships.

Corporations Code (BP68):Sec. 2. Corporation defined. - Acorporation is an artificial beingcreated by operation of law, having

the right of succession and thepowers, attributes and propertiesexpressly authorized by law orincident to its existence.

Sec. 4. Corporations created by special laws or charters. -Corporations created by special lawsor charters shall be governedprimarily by the provisions of thespecial law or charter creating themor applicable to them, supplementedby the provisions of this Code, insofaras they are applicable.

Sec. 17. Grounds when articles of incorporation or amendment may

be rejected or disapproved. - TheSecurities and Exchange Commissionmay reject the articles of incorporation or disapprove anyamendment thereto if the same is notin compliance with the requirementsof this Code: Provided, That theCommission shall give theincorporators a reasonable timewithin which to correct or modify theobjectionable portions of the articlesor amendment. The following are

grounds for such rejection ordisapproval:1. That the articles of incorporationor any amendment thereto is notsubstantially in accordance with theform prescribed herein;2. That the purpose or purposes of the corporation are patentlyunconstitutional, illegal, immoral, orcontrary to government rules andregulations;

3. That the Treasurer's Affidavitconcerning the amount of capitalstock subscribed and/or paid if false;4. That the percentage of ownership

of the capital stock to be owned bycitizens of the Philippines has notbeen complied with as required byexisting laws or the Constitution.No articles of incorporation oramendment to articles of incorporation of banks, banking andquasi-banking institutions, buildingand loan associations, trustcompanies and other financialintermediaries, insurancecompanies, public utilities,

educational institutions, and othercorporations governed by speciallaws shall be accepted or approvedby the Commission unlessaccompanied by a favorablerecommendation of the appropriategovernment agency to the effectthat such articles or amendment isin accordance with law.

NCC1767-1768: Art. 1767. By the contract of

partnership two or more persons bindthemselves to contribute money,property, or industry to a commonfund, with the intention of dividingthe profits among themselves. Two or more persons may also form apartnership for the exercise of aprofession. (1665a)

Art. 1768. The partnership has a judicial personality separate and



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KATRINA LEGARDA | 13distinct from that of each of thepartners, even in case of failure tocomply with the requirements of Article 1772, first paragraph. (n)

NCC46: Juridical persons mayacquire and posses property of all kinds, as well as incurobligations and bring civil orcriminal actions, in conformitywith the laws and regulations of their organization.

NCC47: Upon the dissolution of corporations, institutions andother entities for public interestor purpose mentioned in No. 2 of

article 44, their property andother assets shall be disposed of in pursuance of law or thecharter creating them. If nothinghas been specified on this point,the property and other assetsshall be applied to similarpurposes for the benefit of theregion, province, city ormunicipality which during theexistence of the institutionderived the principal benefits

from the same.

Cases:1. Barlin v Ramirez

a. The Roman catholic Church isa juridical person in the PhilippineIslands

b. Prior to the cession of thePhilippines to the US, the King of Spain was not the owner of theconsecrated churches therein and

had no right to the possessionthereof. The exclusive right tosuch possession was in theRoman Catholic Church and suchright has continued since such

cession and now exists.2. Camid v Office of thePresident a. It has been opined that

municipal corporations may existby prescription where it is shownthat the community has claimedand exercised corporatefunctions, with the knowledge andacquiescence of the legislature,and without interruption orobjection for period long enough

to afford title by prescription.3. Catalan v Basaa. A person suffering from

schizophrenia does notnecessarily lose his competenceto intelligently dispose hisproperty

b. In order for donation of property to be valid, what iscrucial is the donor’s capacity togive consent at the time of thedonation.

NCC38:

• NCC38 – restrictions on capacityto act but does not render it void

• Minority is now 18 years old(RA6809); a person below suchage is a minor, and has a limitedcapacity to act. Theunemancipated minor cannotenter into contracts (NCC1327par1); gut he may be estopped

from disavowing his contract if hehas misled the other party as tohis age.

NCC39: The followingcircumstances, among others,modify or limit capacity to act:age, insanity, imbecility, thestate of being a deaf-mute,penalty, prodigality, familyrelations, alien-age, absence,insolvency and trusteeship. Theconsequences of thesecircumstances are governed inthis Code, other codes, the ROC,and in special laws. Capacity to

act is not limited on account of religions belief or politicalopinion…

RA6809: December 13, 1989: Age of Minority from below 21 years tobelow 18 years.

AM No. 03-02-05 SC Rules onGuardianship: May 21, 2003

1987 Constitution A5 S1: Suffrage

FC5: Marriage: Any male or female of the age of 18 years or upwards notunder any of the impedimentsmentioned in articles 37 and 38 maycontract marriage.NCC1327: The following cannot giveconsent to a contract:(1) Unemancipated minors;(2) Insane or demented persons, anddeaf-mutes who do not know how towrite. (1263a)



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KATRINA LEGARDA | 14

NCC1390 (1): The followingcontracts are voidable or annullable,even though there may have been nodamage to the contracting parties:

(1) Those where one of the parties isincapable of giving consent to acontract;

NCC1403(3): The following contractsare unenforceable, unless they areratified(3) Those where both parties areincapable of giving consent to acontract.

NCC1397: The action for the

annulment of contracts may beinstituted by all who are therebyobliged principally or subsidiarily.However, persons who are capablecannot allege the incapacity of thosewith whom they contracted; nor canthose who exerted intimidation,violence, or undue influence, oremployed fraud, or caused mistakebase their action upon these flaws of the contract. (1302a)

NCC1399: When the defect of thecontract consists in the incapacity of one of the parties, the incapacitatedperson is not obliged to make anyrestitution except insofar as he hasbeen benefited by the thing or pricereceived by him. (1304)

NCC1489: All persons who areauthorized in this Code to obligatethemselves, may enter into a contract

of sale, saving the modificationscontained in the following articles.

NCC1426: When a minor betweeneighteen and twenty-one years of age

who has entered into a contractwithout the consent of the parent orguardian, after the annulment of thecontract voluntarily returns the wholething or price received,notwithstanding the fact the he hasnot been benefited thereby, there isno right to demand the thing or pricethus returned.

NCC1427: When a minor betweeneighteen and twenty-one years of

age, who has entered into a contractwithout the consent of the parent orguardian, voluntarily pays a sum of money or delivers a fungible thing infulfillment of the obligation, thereshall be no right to recover the samefrom the obligee who has spent orconsumed it in good faith. (1160A)

Cases;1. Mercado v Espiritu

a. The sale of real estate,

effected by minors who havealready passed the ages of puberty, and adolescence and arenear the adult age when theypretended to have alreadyreached their majority when infact they have not, is VALID, andthey cannot be permittedafterwards to excuse themselvesfrom compliance of the obligation

assumed by them or to seek theirannulment.

2. Bambalan v Marambaa. The sale is void as to the

plaintiff, because he was a minor

at the time of execution.b. The doctrine of Mercado vEspiritu is not applicable to thiscase, because the plaintiff did notpretend to be of age, and thedefendant knew him to be aminor.

3. Suan and Chiao v Alcantaraa. Under the doctrine laid down

by Mercado v Espiritu, hereinfollowed, to bind a minor whorepresents himself to be of legal

age, it is not necessary for hisvendee to actually part with cash,as long as the contract issupported by a validconsideration.

b. The circumstance that aboutone month after the date of theconveyance, the appelleeinformed the appeallants of hisminority, is of no moment,because appellee’s previousmisrepresentation had already

estopped him from disavowingthe contract.4. Braganza v Villa Abrille

a. The failure of the minor todisclose his minority when makinga contract does not per se,constitute a fraud which can bemade a basis of an action of deceit.

b. Although the written contractis UNENFORCEABLE because of



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KATRINA LEGARDA | 15non-age, however, the minor shallmake restitution to the extentthat he may have profited by thething he received.

c.If a person is benefited although

incapacitated (minor, insane, etc.)to enter a contract, he must payback/return it.

RPC12: The following are exemptfrom criminal liability:(2) A person under nine years of age(now modified to be 15 years byRA9344 S6)(3)A person over nine years of ageand under 15 unless he has actedwith discernment, in which case, such

minors shall be proceeded against inaccordance with the provisions of A80of this code.

RA9344: Juvenile Justice and WelfareLaw0-15 years old: exempt from criminalliability15-18: act with discernment**15yrs+1day: case is filed in court(should be out by September)

RPC13: The following are mitigatingcircumstances:(2) That the offender is under 18years of age or over 70 years. In thecase of the minor, he shall beproceeded against in sccordance tothe provisions of A80. (now between15-18 years old subject to anintervention program, RA9344)

PD603: Child and Youth WelfareCode:(December 10, 1974)

Rules of Civil Procedure R3 S5: A

minor or a person alleged to beincompetent, may sue or be sued,with the assistance of his father,mother, guardian, or if he has none, aguardian ad litem.

FC45 (2): A marriage may beannulled for any of the followingcauses, existing at the time of themarriage:(2)That either party was of unsoundmind, unless such party after coming

to reason, freely cohabited with theother as husband and wife;

NCC1327(1): The following cannotgive consent to a contract:(1) Unemancipated minors;

NCC1328: Contracts entered intoduring a lucid interval are valid.Contracts agreed to in a state of drunkenness or during a hypnoticspell are voidable. (n)

RPC12: The following are exemptfrom criminal liability:(1)an imbecile or an insane person,unless the latter has acted during alucid interval

ROC101 S4: When, in the opinion of the Director of Health, the personordered to be committed to a hospitalor other place for the insane is

temporarily or permanently cured, ormay be released without danger hemay file the proper petition with theCourt of First Instance which orderedthe commitment.

Cases;1. US v Vaguilar

a. Insanity distinguished fromPassion, Anger or Remorse – Testimony of eye-witnesses to aparricide, which goes no furtherthan to indicate that the accusedwas moved by a wayward orhysterical burst of anger orpassion, and other testimony tothe effect that, while in

confinement awaiting trial,defendant acted absent-mindedlyat times, is not sufficient toestablish the defense of insanity.(condition produced by remorse)

2. People v Rafanana. Standard of Legal insanity by

People v Formigones (2distinguishable tests):

i. Test of cognition –complete deprivation of intelligence in committing the

[criminal] act.ii. Test of violation – thatthere be a total deprivation of the will

b. The law presumes every manto be sane. A person accused of acrime has the burden of provinghis affirmative allegation of insanity.

3. Standard oil v arenas



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KATRINA LEGARDA | 16a. Capacity to act must be

supposed to attach to a personwho has not previously beendeclared incapable, and suchcapacity is presumed to continue

so long contrary is not proved,that is, at the time of his acting hewas incapable, crazy or out of hismind; which, in the opinion of thecourt, has not been proved in thiscase.

b. There was no direct proof thatshowed that at the date of thegiving of the bond, December 15,1908, the appellant was incapableof acting because of insanity. Thewitnesses who as physicians,

testified that they observedinsane periods in Villanueva twiceprior to 1903, once on 1908, butnone at the time of the executionof the said bond on December 15,1908.

c.It was also shown that the wifenever before sought to legallydeprive her husband managementover his estate knowing full wellthat he was insane.

NCC1327(2): The following cannotgive consent to a contract:(2) Insane or demented persons, anddeaf-mutes who do not know how towrite. (1263a)

NCC807: If the testator be deaf, or adeaf-mute, he must personally readthe will, if able to do so; otherwise, heshall designate two persons to read itand communicate to him, in some

practicable manner, the contentsthereof. (n)

NCC820: Any person of sound mindand of the age of eighteen years or

more, and not bind, deaf or dumb,and able to read and write, may be awitness to the execution of a willmentioned in Article 805 of this Code.(n)

ROC92(2): Meaning of word"incompetent." - Under this rule, theword "incompetent" includes personssuffering the penalty of civilinterdiction or who are hospitalizedlepers, prodigals, deaf and dumb who

are unable to read and write, thosewho are of unsound mind, eventhough they have lucid intervals, andpersons not being of unsound mind,but by reason of age, disease, weakmind, and other similar causes,cannot, without outside aid, take careof themselves and manage theirproperty, becoming thereby an easyprey for deceit and exploitation.

NCC1490: The husband and the wife

cannot sell property to each other,except:(1) When a separation of propertywas agreed upon in the marriagesettlements; or(2) When there has been a judicialseparation or property under Article191. (1458a)

NCC2035: No compromise upon thefollowing questions shall be valid:

(1) The civil status of persons;(2) The validity of a marriage or alegal separation;(3) Any ground for legal separation;(4) Future support;

(5) The jurisdiction of courts;(6) Future legitime. (1814a)

cf. NCC963-967:SUBSECTION 1. - Relationship Art. 963. Proximity of relationship isdetermined by the number of generations. Each generation forms adegree. (915)Art. 964. A series of degrees forms a

line, which may be either direct orcollateral.A direct line is that constituted by theseries of degrees among ascendantsand descendants.A collateral line is that constituted bythe series of degrees among personswho are not ascendants anddescendants, but who come from acommon ancestor. (916a)Art. 965. The direct line is eitherdescending or ascending.

The former unites the head of thefamily with those who descend fromhim. The latter binds a person with thosefrom whom he descends. (917)Art. 966. In the line, as many degreesare counted as there are generationsor persons, excluding the progenitor.In the direct line, ascent is made tothe common ancestor. Thus, the childis one degree removed from the



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KATRINA LEGARDA | 17parent, two from the grandfather, andthree from the great-grandparent.In the collateral line, ascent is madeto the common ancestor and thendescent is made to the person with

whom the computation is to be made. Thus, a person is two degreesremoved from his brother, three fromhis uncle, who is the brother of hisfather, four from his first cousin, andso forth. (918a)Art. 967. Full blood relationship is thatexisting between persons who havethe same father and the samemother.Half blood relationship is that existingbetween persons who have the same

father, but not the same mother, orthe same mother, but not the samefather. (920a)

cf. 1987Consti: A4 S1-5:Citizenship

NCC381-396:

NCC1381: Art. 1381. The followingcontracts are rescissible:(1) Those which are entered into by

guardians whenever the wards whomthey represent suffer lesion by morethan one-fourth of the value of thethings which are the object thereof;(2) Those agreed upon inrepresentation of absentees, if thelatter suffer the lesion stated in thepreceding number;(3) Those undertaken in fraud of creditors when the latter cannot in

any other manner collect the claimsdue them;(4) Those which refer to things underlitigation if they have been enteredinto by the defendant without the

knowledge and approval of thelitigants or of competent judicialauthority;(5) All other contracts speciallydeclared by law to be subject torescission. (1291a)

NCC2236: The debtor is liable withall his property, present and future,for the fulfillment of his obligations,subject to the exemptions providedby law. (1911a) Art. 2035. No

compromise upon the followingquestions shall be valid:(1) The civil status of persons;(2) The validity of a marriage or alegal separation;(3) Any ground for legal separation;(4) Future support;(5) The jurisdiction of courts;(6) Future legitime. (1814a)

Case:1. Villaneva v CA (May 26, 1995)

a. PRODIGAL = “gambler”, awayfrom home, slightly incompetentb. Husband and wife cannot sell

or donate to each otherc.Affinity by bloodo Always start from self o Parents – 1st degreeo Brothers/Sisters – 2nd

o Cousins – 4th

oGrandparents – 2nd

o Aunts/Uncles – 3rd

o Your brother’s wife is not yourrelative! (by blood or affinity)

RCP3 S4: Spouses as parties.

Husband and wife shall sue or besued jointly, except as provided bylaw.

CITIZENSHIP:Section 1. The following are citizensof the Philippines:

[1] Those who are citizens of thePhilippines at the time of theadoption of this Constitution;[2] Those whose fathers or mothersare citizens of the Philippines;[3] Those born before January 17,1973, of Filipino mothers, who electPhilippine citizenship upon reachingthe age of majority; and[4] Those who are naturalized inaccordance with law.Section 2. Natural-born citizens are

those who are citizens of thePhilippines from birth without havingto perform any act to acquire orperfect their Philippine citizenship. Those who elect Philippine citizenshipin accordance with paragraph (3),Section 1 hereof shall be deemednatural-born citizens.Section 3. Philippine citizenship maybe lost or reacquired in the mannerprovided by law.



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KATRINA LEGARDA | 18

Section 4. Citizens of the Philippineswho marry aliens shall retain theircitizenship, unless by their act oromission, they are deemed, under thelaw, to have renounced it.

NCC50: For the exercise of civilrights and the fulfillment of civilobligations, the domicile of

natural persons is the place of their habitual residence.

Case:1. Romualdez-Marcos v

COMELECa. Habitual residence – Leyteb. Domicile – place of habitual

residence, intent to go back(ANIMUS REPERTENTI)

c.Residencei. Permanent – domicile

ii. Official – e.g. Malacañang(President and family)iii. Temporary – even for a long

period of time

Dual Allegiance v Dual Citizenship(none in the Philippines)

JUS SANGUINIS – you have to beborn of Filipino blood to be a Filipinocitizen

JUS SOLI (United States) – landwhere you were born also gives youcitizenship

Dual Citizenship of Parents – onlyaffects children who are minors at thetime the dual citizenship is acquired

Top 3 Stressors:1. Marriage2. Moving3. Death

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35550182 PERSONS Midterms Reviewer