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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)
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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
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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
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PERSONS AND FAMILY RELATIONS
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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
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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;
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PERSONS AND FAMILY RELATIONS
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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,
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PERSONS AND FAMILY RELATIONS
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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
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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.
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PERSONS AND FAMILY RELATIONS
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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
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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
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PERSONS AND FAMILY RELATIONS
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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
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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
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PERSONS AND FAMILY RELATIONS
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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.
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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
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PERSONS AND FAMILY RELATIONS
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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
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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
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PERSONS AND FAMILY RELATIONS
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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.
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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
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PERSONS AND FAMILY RELATIONS
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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
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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.
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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
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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.
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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
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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
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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
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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
. 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
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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.
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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
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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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
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
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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
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
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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
(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
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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
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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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
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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PERSONS AND FAMILY RELATIONS
Esteban, Bongon, Guinto, Reonal, Maligaya, Bordeos
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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