Midterm Reviewer - I-III

8/8/2019 Midterm Reviewer - I-III

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PERSONS AND FAMILY RELATIONS

Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos

I. INTRODUCTION

II. EFFECT AND APPLICATION OF LAWS

Civil Code. Art. 1 - This Act shall be known as the "Civil

Code of the Philippines." (n)

A. When law takes effect

Revised Administrative Code (RAC) Sec. 18-24

Exec. Order 200, sec. 2

Tanada v. Tuvera 136 SCRA 27

“Unless it is otherwise provided” refers to the date of

effectivity and not the requirement of publicationitself, which cannot in any event be omitted.”

Held: Art. 2 of the Civil Code does not preclude therequirement of publication in the Official Gazette, evenif the law itself provides for the date of its effectivity. The clear object of this provision is to give the generalpublic adequate notice of the various laws which are toregulate their actions and conduct as citizens. Withoutsuch notice and publication, there would be no basis

for the application of the maxim ignoratia legisnominem excusat . It would be the height of injustice topunish or otherwise burden a citizen for thetransgression of a law which he had no noticewhatsoever, not even a constructive one.

B. Ignorance of the law

Kasilag v. Rodriguez 69 PHIL 217

Antichresis, done in good faith..

Held: The possession by the petitioner and hisreceipts of the fruits of the land, considered as integral

elements of the contract of antichresis, are illegal andvoid agreements, bec. such contract is a lien and isexpressly prohibited by Sec 116 of Act No. 2874, asamended. The CA held that petitioner acted in badfaith in taking possession of the land bec. he knew thatthe contract he made w/ Emiliana Ambrosio was anabsolute sale, and further, that the latter could not sellthe land bec. it is prohibited by Sec. 116 of Act 2874.xxx [A] person is deemed a possessor in bad faithwhen he knows that there is a flaw in his title or in themanner of its acquisition, by w/c it is invalidated.

Ignorance of the law is the keynote of the rule.From the facts as found by the CA, it can neither bededuced nor presumed that the petitioner was awareof a flaw in his title or in the manner of its acquisition,aside from the prohibition contained in Sec. 116. Thisbeing the case, the question is w/n good faith may bepremised upon ignorance of the laws.Gross and inexcusable ignorance of the law may notbe the basis of good faith but excusable ignorancemay be such basis (if it is based upon ignorance of a

Page 1

NCC. 2. Laws shall take effect after fifteen days

following the completion of their publication in the

Official Gazette, unless it is otherwise provided. This

Code shall take effect one year after such

NCC. 3. Ignorance of the law excuses no one from

compliance therewith. (2)





fact.) It is a fact that the petitioner is not conversantw/ the laws bec. he is not a lawyer. In accepting themortgage of the improvements he proceeded on thewell-grounded belief that he was not violating theprohibition regarding the alienation of the land. In

taking possession thereof and in consenting to receiveits fruits, he did not know, as clearly as a jurist does,that the possession and enjoyment of the fruits areattributesof the contract of antichresis and that the latter, as alien, was prohibited by Sec. 116. Thus, as to thepetitioner, his ignorance of

the provisions of sec. 116 is excusable and may be thebasis of good faith. The petitioners being in good faith, the respondents

may elect to have the improvements introduced by the

petitioner by paying the latter the value thereof,

P3,000, or to compel the petitioner to buy and have

the land where the improvements or plants are found,

by paying them its market value to be fixed by the

court of origin, upon hearing the parties.

C. Retroactivity of laws

Page 2

NCC 4. Laws shall have no retroactive effect, unless the

contrary is provided.(3)

NCC 2252. Changes made and new provisions and ruleslaid down by this Code which may prejudice or impairvested or acquired rights in accordance with the oldlegislation shall have no retroactive effect.

For the determination of the applicable law in cases

which are not specified elsewhere in this Code, the

NCC 2253. The CC of 1889 and other previous laws shall

govern rights originating, under said laws, from acts done

or events which took place under their regime, eventhough this Code may regulate them in a different

manner, or may not recognize them. But if a right should

be declared for the first time in this Code, it shall be

effective at once, even though the act or event which

gives rise thereto may have been done or may have

occurred under prior legislation, provided said new right

does not prejudice or impair any vested or acquired right,

of the same origin. (Rule 1)

NCC 2254. No vested or acquired right can arise from

acts or omissions which are against the law or which

infringe upon the rights of others.(n)

NCC 2255. The former laws shall regulate acts and

contracts with a condition or period, which were executed

or entered into before the effectivity of this Code, even

though the condition or period may still be pending at the

time this body of laws goes into effect. (n)

NCC 2256. Acts and contracts under the regime of the old

laws, if they are valid in accordance therewith, shall





RPC 22 – Penal laws shall have a retroactive effect in favor of

persons guilty of a felony who is not a habitual criminal

Exceptions to Rule:A. When the law itself so expressly providesB. In case of remedial statutes

C. In case of curative statutesD. In case of laws interpreting othersE. In case of laws creating new rights

Frivaldo v. Comelec GR 120295, June 28, 1996

Held: The repatriation of Frivaldo retroacted to the

date of the filing of his application on August 17, 1994.

D. Mandatory or Prohibitory Laws

E. Waiver of Rights

Page 3

FC 256 This Code shall have retroactive effect insofar as it

does not prejudice or impair vested or acquired rights in

accordance with the Civil Code or other laws

NCC 5 Acts executed against the provisions of mandatoryor prohibitory laws shall be void, except when the law itself

authorizes their validity. (4a)

NCC 17 (3) 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 ineffective by laws or judgments promulgated, or

by determinations or conventions agreed upon in a foreign

NCC 2257. Provisions of this Code which attach a civil

sanction or penalty or a deprivation of rights to acts or

omissions which were not penalized by the former laws,are not applicable to those who, when said laws were in

force, may have executed the act or incurred in the

omission forbidden or condemned by this Code.

If the fault is also punished by the previous legislation,

the less severe sanction shall be applied.

If a continuous or repeated act or omission was

commenced before the beginning of the effectivity of this

Code, and the same subsists or is maintained or repeated

after this body of laws has become operative, thesanction or penalty prescribed in this Code shall be

NCC 6. Rights may be waived, unless the waiver iscontrary to law, public order, public policy, morals, or good

customs, or prejudicial to a third person with a right

Art. 2035. No compromise upon the following questionsshall be valid:

(1) The civil status of persons;

(2) The validity of a marriage or a legal separation;

http://www.chanrobles.com/civilcodeofthephilippines.htm

http://www.chanrobles.com/civilcodeofthephilippines.htm





PEFTOK Integrated Services v. NLRC GR 124841

Quitclaims were prepared and readied by PEFTOK andemployees were forced to sign the same for fear thatthey would not be given their salary on pay day, andworse, their services would be terminated if they didnot sign the said quitclaims under controversy.NO VOLUNTARINESS.

F. Repeal of Laws

1987 Constitution Art. XVIII Section 3. All existinglaws, decrees, executive orders, proclamations, letters

of instructions, and other executive issuances not

inconsistent with this Constitution shall remain

operative until amended, repealed, or revoked.

Lledo v. Lledo AM No. P-95-1167

G. Judicial Decisions

De Castro v. JBC GR 191002

H. Duty to Render Judgment

RPC 5 - Duty of the court in connection with acts

which should be repressed but which are not

covered by the law, and in cases of excessive penalties.

I. Presumption and Applicability of Custom

1987 Constitution Art. XII, Section 5. The State,

subject to the provisions of this Constitution and

national development policies and programs, shall

Page 4

NCC. 7. Laws are repealed only by subsequent ones, and

their violation or non-observance shall not be excused by

disuse, or custom or practice to the contrary.

When the courts declared 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

NCC 8. Judicial decisions applying or interpreting thelaws or the Constitution shall form a part of the

legal system of the Philippines. (n)

NCC 9. No judge or court shall decline to render

judgment by reason of the silence, obscurity or

NCC 10. In case of doubt in the interpretation or

application of laws, it is presumed that the

lawmaking body intended right and justice to

prevail. (n)

NCC 11. Customs which are contrary to law, publicorder or public policy shall not be countenanced. (n)

NCC 12. A custom must be roved as a fact,





protect the rights of indigenous cultural communities

to their ancestral lands to ensure their economic,

social, and cultural well-being.

Rules of Court, Rule 129 (2), (3)

Sec. 2. Judicial notice, when discretionary . — A court maytake judicial notice of matters which are of publicknowledge, or are capable to unquestionabledemonstration, or ought to be known to judges because of their judicial functions. (1a)

Sec. 3. Judicial notice, when hearing necessary . — During thetrial, the court, on its own initiative, or on request of a party,may announce its intention to take judicial notice of anymatter and allow the parties to be heard thereon.

After the trial, and before judgment or on appeal, the propercourt, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to beheard thereon if such matter is decisive of a material issuein the case. (n)

Martinez v. Van Buskirk 18 Phil 79

Acts, the performance of which has not proven destructive orinjurious and which have been generally acquiesced in by societyfor so long a time has to have ripened into a custom, cannot beheld to be unreasonable or imprudent and that, under thecircumstances, the driver was not guilty of negligence in so leavinghis team while assisting in unloading his wagon.

Customs – defined as the juridical rule which results from aconstant and continued uniform practice by the members of a social community, with respect to a particular state of

facts, and observed with a conviction that it is juridicallyobligatory.

Requisites of Custom: (for custom to have the for of suppletory rule)

Plurality of acts, or various resolutions of a juridical questionraised repeatedly in life;

Uniformity, or identity of the acts or various solutions to the juridical question;

General practice by the great mass of the social group;Continued performance of these acts for a long period of

time;General conviction (by the community) that the practicecorresponds to a juridical necessity or that it is obligatory;

The practice must not be contrary to law. Morals or publicorder

J. Legal Periods

Page 5

NCC 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.

If months are designated by their name, they shall

be computed by the number of days which they

respectively have.





Rules of Court 22Section 1. How to compute time.

In computing any period of time prescribed or allowed by these Rules, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins torun is to be excluded and the date of performanceincluded. If the last day of the period, as thuscomputed, falls on a Saturday, a Sunday, or a legalholiday in the place where the court sits, the timeshall not run until the next working day. Sec. 2. Effect of interruption.

Should an act be done which effectively interruptsthe running of the period, the allowable period after such interruption shall start to run on the day after notice of the cessation of the cause thereof.

The day of the act that caused the interruption shallbe excluded in the computation of the period.

RAC 31

Legal Periods:

Year 12 calendar months

Month 30 days

Unless it refers to a specificcalendar month, in which

case.. it shall be computedaccording to the number of

days the specific monthcontains

Day 24 hours

Night Sunset to sunrise

Go v. Dizon 214 SCRA 41

§23 of the Interim Rules and Guidelines promulgatedby this Court to implement BP129 clearly states:―Perfection of Appeal – in cases where appeal istaken, the perfection of the appeal shall be upon theexpiration of the last day to appeal by any party.

K. Applicability of Penal Laws

L. PERSONS AND PERSONALITY

A. The concept of a ‘person’ and‘personality’

Juridical capacity v. capacity to act

Page 6

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.

If months are designated by their name, they shall

NCC 37 – Juridical capacity, which is the fitness to be

the subject of legal relations, is inherent in every

natural person and is lost only through death.

Capacity to act, which is the power to do acts with

NCC 38 – Minority, insanity or imbecility, the state of

being a deaf-mute, prodigality and civil interdictionare 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





Kinds of capacity(Juridical capacity can exist withoutcapacity to act) Juridicalcapacity

Fitness to be the subject of legal relations

Inherent in every naturalpersonLost only through death

Capacity to act Power to do acts with legaleffectAcquired and may be lost

Restrictions oncapacity to act

(do not exempt

theincapacitatedperson fromcertainobligations)

MinorityInsanity or imbecilityState of being deaf-muteProdigality

Civil interdictionAlienageAbsenceInsolvency and trusteeship

B. Commencement and termination of personality

1. Natural personsBirth

Juridical Capacity Capacity to Act

Legal capacity Aptitude for the exerciseof rights

Personality Referred merely as

capacity

Aptitude for the holdingand enjoyment of rights

The ability, poser,qualification, orcompetency or persons,natural or artificial, forthe performance of civilacts depending on theirstate or condition(status) as defined orfixed by law

Fitness of man to be the

subject of legal relations

Power to do acts with

legal effect

Page 7

NCC 39 – The following circumstances, among

others, modify or limit capacity to act: age, insanity,

imbecility, the state of being a deaf-mute, penalty,

prodigality, family relations, alienage, absence,

insolvency and trusteeship. The consequences of

these circumstances are governed in this Code,

other codes, the Rules of Court, and in special laws.

Capacity to act is not limited on account of religious

NCC 40 – Birth determines personality; but the

conceived child shall be considered born for all

purposes that are favourable to it, provided, it be

born later with the conditions specified in the





Separation frommother

produced by thecutting of the umbilicalcord, whether naturallyor through surgicaloperationIt is enough that thechild lives even for aninstant.

Premature Birth – the

Code requires the childshould live at least 24hours after completeseparation from themother’s womb.

Birth Removal of the fetusfrom the mother’swomb; may benatural or artificial.

Fetus Not a person,because of theexpectancy that it

may be born, the lawprotects it andreserved its rights,making its legalexistence, if it shouldbe born alive,retroact to themoment of itsconception.

Personality of Conceived child

(1)limited, only forpurposes favorableto the child

(2) provisional orconditional, dependson the child beingborn alive later, suchthat if it is not bornalive, its personalitydisappears as if ithad never existed.

Page 8

NCC 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 isnot deemed born if it dies within twenty-four hours





1987 Constitution, Art. II Sec. 12- The State

recognizes the sanctity of family life and shall protect

and strengthen the family as a basic autonomous

social institution. It shall equally protect the life of the

mother and the life of the unborn from conception.The natural and primary right and duty of parents in

the rearing of the youth for civic efficiency and the

development of moral character shall receive the

support of the Government.

PD 603 (Child and Youth Welfare Code), Art. 5 -

the civil personality of the child shall commence from

the time of his conception, for all purposes favourable

to him, subject to the requirements of Art. 41 of the

Civil Code.

RPC Arts. 256-259 (penalties of infanticide

and abortion)

Art. 256 – Intentional abortion Art. 257 – Unintentional abortion

Art. 258 – Abortion practiced by thewoman herself or by her parents Art. 259 – Abortion practiced by a physician or midwife and dispensing of abortive

Geluz v. CA a. Dead child has no right

b. Against the 1987 Constitution andPD603

c. Legal capacity e.g. inheritance

d. LIFE at BIRTH: absolute precedentof rights

Quimiging v.Icao

There was no mention of how oldthe unborn child wasRights of the fetus were recognized

because of NCC40Legal Relations – Personality – LegalCapacity

De Jesus v.Syquia

An unborn child can get support andbe recognizedPlaintiff begot a child with thedefendant, the latter wrote letters toa priest recognizing the child as his,before the child was born, askingthe priest to baptize the child after itwas born; it was held that those

letters could be the basis of anaction for the compulsoryacknowledgment of the child by thedefendant after its birth.

ContinentalSteel v.Montano

The fetus has the right to besupported the moment he/she wasconceived. It is a legitimate child if conceived or born during themarriage of parents. The CBA provisions on paternity

Page 9

FC 164 – Children conceived or born during the

marriage of the parents are legitimate.

Children conceived as a result of artificial

insemination of the wife with the sperm of the

husband or that of a donor or both are likewise

legitimate children of the husband and his wife,

provided, that both of them authorized or ratified

such insemination in a written instrument executed

and signed by them before the birth of the child. The

instrument shall be recorded in the civil registry





benefits apply to the fathers of theunborn child. Labor laws areconstrued liberally in favour of theemployees.

Ang Ladlad v.COMELEC Everyone has the right torecognition everywhere as a personbefore the law. Persons of diversesexual orientations and genderidentities shall enjoy legal capacityin all aspects of life.

(b) Death

Limjoco v.IntestateEstate of PioFragante

Estate continues personality The state or the mass of property,rights and assts left by thedecedent, instead of the heirsdirectly, become vested and

charged with his rights andobligations which survive after hisdemise. Under the present legalsystem, rights and obligations whichsurvive after death have to beexercised and fulfilled only by theestate of the deceased.

Dumlao v.Quality Plastics

Service of summons on a deadperson is void. He had no more civilpersonality. His juridical capacity,

which is the fitness to be thesubject of legal relations, was lostthrough death.

Eugenio v.

Velez

A man and woman not legally

married who cohabit for many yearsas husband and wife, who representthemselves to the public ashusband and wife, and who arereputed to be husband and wife inthe community where they live maybe considered legally “married” incommon law jurisdictions but not inthe Philippines.Right to bury a dead person doesnot include a common law husbandwho is still married.

Marcos v.Manglapus

Death of Mr. Marcos has notchanged the factual scenario underwhich the Court’s decision wasrendered The threats to the government, towhich the return of the Marcoseshas been viewed to provide acatalytic effect, have not beenshown to have ceased.

Page 10

NCC 42 - Civil personality is extinguished by death.

The effect of death upon the rights and obligations of

the deceased is determined by law, by contract and

by will.

NCC 43 – If there is a 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 the absence of proof, it is

presumed that they died at the same time and there shall





ROC Rule 131 Sec 3 (jj) – (kk) (1989 Rev. Rules

on Evidence)

Sec 3. Disputable presumptions.—The following presumptions are satisfactory if uncontradicted, but may be

contradicted and overcome by other evidence:

(jj) That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle,or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can beinferred, the

Survivorship is determined from the probabilities resultingfrom the strength and age of the sexes, according to thefollowing rules:

1. If both were under the age of fifteen years, the older isdeemed to have survived;

2. If both were above the age of sixty, the younger is deemed to have survived;

3. If one is under fifteen and the other above sixty,the former is deemed to have survived;

4. If both be over fifteen and under sixty, and thesex be different, the male is deemed to havesurvived; if the sex be the same, the older;

5. If one be under fifteen or over sixty, and theother between those ages, the latter is deemed

to have survived.

(kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as towhich of them died first, whoever alleges the deathof one prior to the other, shall prove the same; in theabsence of proof, they shall be considered to havedied at the same time.

Joaquin v. Jr. died before mother

Navarro The evidence of survivorship neednot be direct, it may be indirect,circumstantial or inferential. Wherethere are facts, known or knowable,from which a rational conclusion

can be made, the presumption doesnot step in, and the rules of preponderance of evidencecontrols.

2. Juridical PersonsNCC 44 NCC 45 NCC 46

The State and its political

subdivisions

Privatecorporations

= regulated by laws of generalapplication onthe subject.

may acquire and possess property of

all kinds

Other corporations,institutionsand entitiesfor publicinterest or purpose,

created by law; their personality begins assoon as they have beenconstituted according tolaw

Partnershipsand associationsfor privateinterest or purpose aregoverned by

the provisionsof this Codeconcerning partnerships.

incur obligations

Page 11





Corporations, partnershipsand associationsfor privateinterest or

purpose towhich the lawgrants a juridical personality,separate and distinct fromthat of eachshareholder, partner or member

bring civil or criminalactions, in conformity with the laws and regulations of their organization.

BP 68 (Corporation Code) Secs. 2,4,17

Sec. 2. Corporation defined . - A corporation is anartificial being created by operation of law, having the

right of succession and the powers, attributes andproperties expressly authorized by law or incident toits existence.

Sec. 4. Corporations created by special laws or charters. - Corporations created by special laws orcharters shall be governed primarily by the provisionsof the special law or charter creating them orapplicable to them, supplemented by the provisions of this Code, insofar as they are applicable.

Sec. 17. Grounds when articles of incorporationor amendment may be rejected or disapproved.

Page 12

NCC 47 – Upon the dissolution of corporations, institutions

and other entities for public interest or purpose mentioned

in No. 2 of Art. 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

NCC 1767 – By the contract of partnership, two or more

persons bind themselves to contribute money, property, or

industry to a common fund, with the intention of dividing the

profits among themselves.

Two or more persons may also form a partnership for the





B. Restrictions on civil capacity

1. Presumption of capacity

Catalan v. Basa a. A person suffering fromschizophrenia does not

necessarily lose hiscompetence to intelligentlydispose his property

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

2. Restrictions on capacity to actNCC 38-39

Restrictions on capacityto act(do not exempt theincapacitated personfrom certain obligations)

MinorityInsanity or imbecilityState of being deaf-muteProdigalityCivil interdiction

Circumstances thatmodify or limit capacityto act

AgeInsanityImbecilityState of being deaf-mutePenaltyProdigalityFamily relationsAlienageAbsence

Barlin v.Ramirez

The Roman catholic Church isa juridical person in thePhilippine IslandsPrior to the cession of thePhilippines to the US, the Kingof Spain was not the owner of the consecrated churchestherein and had no right tothe possession thereof. Theexclusive right to suchpossession was in the RomanCatholic Church and suchright has continued since suchcession and now exists.

Camid v. Officeof the President

It has been opined thatmunicipal corporations may

exist by prescription where itis shown that the communityhas claimed and exercisedcorporate functions, with theknowledge and acquiescenceof the legislature, and withoutinterruption or objection forperiod long enough to affordtitle by prescription.

Page 13

NCC 1768 – The partnership has a juridical personality

separate and distinct from that of each of the partners, even

in case of failure to comply with the requirements of Art





Insolvency Trusteeship

(a) Minority

1. Age of majorityRA 6809 (December 13, 1989) – Age of

majority – 18 years old

2. AM No. 03-02-05-SC Rules on Guardianship

The father and the mother shall jointly

exercise legal guardianship over the person

and property of their unemancipated common

child without the necessity of a court

appointment. In such case, this Rule shall be

suppletory to the provisions of the Family

Code on guardianship.

3. Suffrage

Sec. 1 Art V, 1987 Constitution [cf.

Sangguniang Kabataan] – Suffrage may

be exercised by all citizens of the Philippines

not otherwise disqualified by law, who are at

least eighteen years of age, and who shall

have resided in the Philippines for at least

one year an dint he place wherein they

propose to vote for at least six months

immediately preceding the election. No

literacy, property or other substantiverequirement shall be imposed on the

exercise of suffrage.

4. Marriage FC 5; cf. RA 6809

RA 6809 – age of majority – 18 years old

5. Contracts

Page 14

NCC 1327 – The following cannot give consent to a contract:

(1) unemancipated minors(2) insane or demented persons, and deaf-mutes who

do not know how to write

FC 5 – Any male or female of the age of eighteen years or

upwards not under any of the impediments mentioned in

Articles 37 and 38, may contract marriage.

NCC 1327 – The following cannot give consent to a contract:

1. unemancipated minors2. insane or demented persons, and deaf-mutes who

do not know how to write

NCC 1390 (par. 1) – The following contracts are voidable or annullable, even though there may have been no damage to

the contracting parties:

(1) Those where one of the parties is incapable of giving

NCC 1403 (par. 3) – The following contracts are

unenforceable, unless they are ratified:

(3) Those where both parties are incapable of giving consent





. Mercado v.Espiritu

The sale of real estate,effected by minors who have

already passed the ages of puberty, and adolescence andare near the adult age whenthey pretended to havealready reached their majoritywhen in fact they have not, isVALID, and they cannot bepermitted afterwards toexcuse themselves fromcompliance of the obligationassumed by them or to seek

their annulment.

Bambalan v.Maramba

The sale is void as to theplaintiff, because he was aminor at the time of execution. The doctrine of Mercado vEspiritu is not applicable tothis case, because the plaintiff

Page 15

NCC 1397 - The action for the annulment of contracts

may be instituted by all who are thereby obliged

principally or subsidiarily. However, persons who are

capable cannot allege the incapacity of those with whomthey contracted; nor can those who exerted

intimidation, violence, or undue influence, or employed

NCC 1399 - When the defect of the contract consists in

the incapacity of one of the parties, the incapacitated

person is not obliged to make any restitution except

insofar as he has been benefited by the thing or price

NCC 1397 - The action for the annulment of contractsmay be instituted by all who are thereby obliged

principally or subsidiarily. However, persons who are

capable cannot allege the incapacity of those with whom

they contracted; nor can those who exerted

intimidation, violence, or undue influence, or employed

NCC 1399 - When the defect of the contract consists in

the incapacity of one of the parties, the incapacitated

person is not obliged to make any restitution except

insofar as he has been benefited by the thing or pricereceived b him.

NCC 1489 - All persons who are authorized in this Code to

obligate themselves, may enter into a contract of sale,

saving the modifications contained in the following

NCC 1426 - When a minor between eighteen and twenty-one

years of age who has entered into a contract without the

consent of the parent or guardian, after the annulment of

the contract voluntarily returns the whole thing or price

received, notwithstanding the fact the he has not beenbenefited thereby, there is no right to demand the thing or

NCC 1427 - When a minor between eighteen and twenty-one

years of age, who has entered into a contract without the

consent of the parent or guardian, voluntarily pays a sum of

money or delivers a fungible thing in fulfillment of the

obligation, there shall be no right to recover the same from

the obligee who has spent or consumed it in good faith.





did not pretend to be of age,and the defendant knew himto be a minor.

Suan Chian v.

Alcantara

Under the doctrine laid down

by Mercado v Espiritu, hereinfollowed, to bind a minor whorepresents himself to be of legal age, it is not necessaryfor his vendee to actually partwith cash, as long as thecontract is supported by avalid consideration. The circumstance that aboutone month after the date of the conveyance, the appellee

informed the appeallants of his minority, is of no moment,because appellee’s previousmisrepresentation had alreadyestopped him from disavowingthe contract.

Braganza v.Villa-Abrille

The failure of the minor todisclose his minority whenmaking a contract does notper se, constitute a fraudwhich can be made a basis of an action of deceit.Although the written contractis UNENFORCEABLE becauseof non-age, however, theminor shall make restitution tothe extent that he may haveprofited by the thing hereceived.

a. If a person is benefitedalthough incapacitated (minor,insane, etc.) to enter acontract, he must payback/return it.

6. Criminal liability

RPC 12 - The following are exempt from

criminal liability:

(2) A person under 15 years as modified by RA9344 S(3)between 15-18 years and he has acted

with discernment, in which case, such

minors shall be subject to an intervention

program, RA9344

RPC 13 (2 ) - The following are mitigatingcircumstances:

(2) offender – under 18 y/o; over 70 years.

In the case of the minor, he shall be

proceeded against in accordance to the

provisions of A80. (now between 15-18 years

old subject to an intervention program,

RA9344)

PD 603 Secs. 189-204

Rule 3, Sec. 5, 1997 Rules of Civil

Procedure - A minor or a person alleged to

be incompetent, may sue or be sued, with

the assistance of his father, mother,

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guardian, or if he has none, a guardian ad

litem.

(b) Insanity

1. Marriage

2. Contracts

3. Criminal liability

RPC 12(1) - The following are exempt fromcriminal liability:

(1)an imbecile or an insane person, unless thelatter has acted during a lucid interval

Rule 101, Rules of Court - When, in the opinion of

the Director of Health, the person ordered to be

committed to a hospital or other place for the insane is

temporarily or permanently cured, or may be released

without danger he may file the proper petition with the

Court of First Instance which ordered the commitment.

US v. Vaguilar Insanity distinguished from Passion,Anger or Remorse – Testimony of eye-witnesses to a parricide, whichgoes no further than to indicate thatthe accused was moved by a

wayward or hysterical burst of angeror passion, and other testimony tothe effect that, while in confinementawaiting trial, defendant actedabsent-mindedly at times, is notsufficient to establish the defense of insanity. (condition produced byremorse)

People v.Rafanan

Standard of Legal insanity byPeople v Formigones (2distinguishable tests):

i. Test of cognition – completedeprivation of intelligence incommitting the [criminal] act.

ii. Test of violation – that therebe a total deprivation of the will The law presumes every man tobe sane. A person accused of acrime has the burden of provinghis affirmative allegation of insanity.

Standard Oilv. Arenas

Capacity to act must besupposed to attach to a personwho has not previously beendeclared incapable, and suchcapacity is presumed to continueso long contrary is not proved,that is, at the time of his actinghe was incapable, crazy or out of his mind; which, in the opinion of

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FC 45 (2) - A marriage may be annulled for any of thefollowing causes, existing at the time of the marriage:

(2)That either party was of unsound mind, unless

such party after coming to reason, freely

cohabited with the other as husband and wife;

NCC 1327 - The following cannot give consent to acontract:

(1) Unemancipated minors;

NCC 1328 - Contracts entered into during a lucid

interval are valid. Contracts agreed to in a state of





the court, has not been proved inthis case. There was no direct proof thatshowed that at the date of thegiving of the bond, December

15, 1908, the appellant wasincapable of acting because of insanity. The witnesses who asphysicians, testified that theyobserved insane periods inVillanueva twice prior to 1903,once on 1908, but none at thetime of the execution of the saidbond on December 15, 1908.It was also shown that the wifenever before sought to legally

deprive her husbandmanagement over his estateknowing full well that he wasinsane.

Hernandez v.Santos

Lulu was incapable of taking careof herself and of her propertywithout outside aid due toailments and weak mind (notinsane but incapacitated). Sheinherited lands from San Janfamily but her half brothers andsisters from Hernandez familytook advantage of her mentalcapacity, asked her to enter intocontracts she did notunderstand. SC declared thecontracts voidable and annulledthe same.

(c) Deaf-mutismNCC 1327 (2) - The following cannot give consent

to a contract:(2) Insane or demented persons, and deaf-mutes

who do not know how to write.

(d) Prodigality

ROC Rule 92 Sec. 2 - Meaning of word

"incompetent." – Includes persons:

suffering the penalty of civil interdictionhospitalized lepers prodigalsdeaf and dumb who are unable to read and write

those who are of unsound mind, even thoughthey have lucid intervals

persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, takecare of themselves and manage their property,becoming thereby an easy prey for deceit and exploitation

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NCC 807 - If the testator be deaf, or a deaf-mute, he

must personally read the will, if able to do so;

otherwise, he shall designate two persons to read it

and communicate to him, in some practicable

NCC 820 - Any person of sound mind and of the age

of eighteen years or more, and not bind, deaf or

dumb, and able to read and write, may be a witness

to the execution of a will mentioned in Article 805 of





(e) Civil InterdictionRPC 31-41

(f) Family RelationsFC 150 – Family relations include those:

between husband and wifeBetween parents and children Among other ascendants and descendants; and

Among brothers and sisters, whether of the full or half-blood

NCC 1490 - The husband and the wife cannot sell property to each other, except:

When a separation of property was agreed upon in themarriage settlementsWhen there has been a judicial separation or property under Article 191

NCC 2035 - No compromise upon thefollowing questions shall be valid:The civil status of personsThe validity of a marriage or a legal separation Any ground for legal separationFuture support The jurisdiction of courtsFuture legitime.

NCC 963-967 - Subsection 1. - Relationship

Direct line Collateral lineConstituted by theseries of degreesamong ascendantsand descendants

Constituted by theseries of degreesamong persons whoare not ascendants

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RPC 34 – Civil interdiction shall deprive the offender

during the time of his sentence of the rights of

parental authority, or guardianship, either as to the person or property of any ward, of marital authority,

of the right to manage his property, and of the right

to dispose of such property by any act or any

FC 151 – No suit between members of the same family shall

prosper unless it should appear from the verified complaint

or petition that earnest efforts toward a compromise havebeen made, but the same have failed. If it is shown that no

FC 87 – Every donation or grant of gratuitous advantage,

direct or indirect, between the spouses during the marriage

shall be void, except moderate gifts which the spouses may

give each other on the occasion of any family rejoicing. The

prohibition shall also apply to persons living together as

Art. 963. Proximity of relationship is determined by the

number of generations. Each generation forms a

Art. 964. A series of degrees forms a line, which may be

either direct or collateral





and descendants, but who come from acommon ancestor

*Ascent is made to thecommon ancestor.

Thus, the child is onedegree removed fromthe parent, two fromthe grandfather, and three from the great-grandparent.

*Ascent is made to thecommon ancestor and

then descent is madeto the person withwhom the computationis to be made. Thus, a person is two degreesremoved from hisbrother, three from hisuncle, who is thebrother of his father,four from his first cousin, and so forth.

Art. 965. The direct line is either

descending or ascending.

Descending AscendingUnites the head of thefamily with those whodescend from him.

Binds a person withthose from whom hedescends.

NCC 966. In the line, as many degrees are

counted as there are generations or persons,

excluding the progenitor .(*see asterisk on previous

page)

NCC 967.

Full blood relationship Half blood relationshipExisting between personswho have the same father and the same mother.

Existing between personswho have the samefather, but not the samemother, or the same

mother, but not the samefather.

(g) Alienage Art IV Secs. 1-5, 1987 Constitution:

Sec. 1 - The following are citizens of the

Philippines:

Those who are citizens of the Philippinesat the time of the adoption of thisConstitutionThose whose fathers or mothers arecitizens of the PhilippinesThose born before January 17, 1973, of Filipino mothers, who elect Philippinecitizenship upon reaching the age of majority;Those who are naturalized in accordancewith law.

Sec. 2 - Natural-born citizens are those who are

citizens of the Philippines from birth without

having to perform any act to acquire or perfect

their Philippine citizenship. Those who elect

Philippine citizenship in accordance with

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paragraph (3), Section 1 hereof shall be deemed

natural-born citizens.

Sec. 3 - Philippine citizenship may be lost or

reacquired in the manner provided by law.

Sec. 4 - Citizens of the Philippines who marry

aliens shall retain their citizenship, unless by their

act or omission, they are deemed, under the law,

to have renounced it.

Sec. 5 - Dual allegiance of citizens is inimical to

the national interest and shallb e dealt with by

law.

Cordora v.COMELEC

Cordora accused Tambuntingof an election offenseregarding the citizenshiprequirement. His mother wasFilipino and his father wasAmerican, making him dualcitizen. Dual citizenship wasacquired by birth, no need toundergo naturalization process

(Filipino citizenship by blood).

(h) AbsenceNCC 381-396 – Title XIV. Absence

Chapter 1 – Provisional Measures in Case of Absence (Arts. 381 to 383)

Chapter 2 – Declaration of Absence (Arts. 384 to386)Chapter 3 – Administration of the Property of the Absentee (Arts. 387 to 389)Chapter 4 – Presumption of Death (Arts. 390-

392)Chapter 5 – Effect of Absence Upon theContingent Rights of the Absentee (Arts. 393 to396)

(i) Insolvency and TrusteeshipNCC1381 - The following contracts are

rescissible:

entered into by guardians whenever the wards whomthey represent suffer lesion by more than ¼ of the

value of the things which are the object thereof agreed upon in representation of absentees, if thelatter suffer the lesion stated in the preceding number undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them;those which refer to things under litigation if they havebeen entered into by the defendant without theknowledge and approval of the litigants or of competent judicial authority All other contracts specially declared by law to be

subject to rescission

NCC 1491 – The following persons cannot

acquire by purchase, even at a public or judicial

auction, either in person or through the

mediation of another:

guardian, the property of the person or persons who

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may be under his guardianshipagents, the property whose administration or salemay have been intrusted to them, unless the consent of the principal have been givenexecutors and administrators, the property of the

estate under administration public officers and employees, the property of theState….

Justices, judges, prosecuting attorneys, clerks of superior and inferior courts…

Any others specially disqualified by law.

NCC2236 - The debtor is liable with all his property,

present and future, for the fulfillment of his

obligations, subject to the exemptions provided by

law.

Villanueva v.CA

PRODIGAL = “gambler”, awayfrom home, slightly incompetentHusband and wife cannot sell ordonate to each otherAffinity by blood

o Always start from self o Parents – 1st degreeo Brothers/Sisters – 2ndo Cousins – 4tho Grandparents – 2ndo Aunts/Uncles – 3rdo Your brother’s wife is not yourrelative! (by blood or affinity)

(j) Gender

Art II, Sec. 14, 1987 Constitution – The Staterecognizes the role of women in nation-building, and

shall ensure the fundamental equality before the law

of women and men.

Rule 3, Sec. 4, 1997 Rules of Civil ProcedureSpouses as parties.Husband and wife shall sue or be sued

jointly, except as provided by law.

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Midterm Reviewer - I-III