Persons and Family Relations Reviewer - Vena Verga

Persons and Family Relations Reviewer

Vena V. Verga

PERSONS AND FAMILY RELATIONS REVIEWER CIVIL CODE OF THE PHILIPPINES (R.A. 386) Art 1. This -

Act shall be known as the Civil Code of the Philippines E.O. 48 of March 20, 1947 Roxas Code Commission Dr. George Bacobo (chairman)

- January 26, 1949 (passed by Congress) Art. 2. Laws shall take effect after 15 days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect 1 year after publication. Aug. 30, 1950 (took effect) -

EO 200 (Aquino)  laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country. (Tañada v Tuverapublication not to be in Official Gazette because of its erratic release and limited readership) Intended to enable people to become familiar with the statute Must be in full Publication is an indispensable requirement, absence of which will render the law ineffective. “unless otherwise provided” (refers to 15day period, not publication Art. 3. Ignorance of the law excuses no one from compliance therewith. applies only to mandatory and prohibitory laws Art. 4. Laws shall have no retroactive effect, unless the contrary is provided Law looks to the future. - Instances when a law may be given a retroactive effect: o When the law expressly provides for retroactivity (insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws) o Curative or remedial (curing defects or adding to the means of enforcing existing obligations). RULE: If the irregularity consists in doing some act, or doing it in the mode which the legislature might have made material by an express law, it may do so by a subsequent one. o Procedural. (to avoid possible injustice) o Penal in character and favorable to the accused. (not a habitual delinquent –if w/in 10 years from date of release or last conviction of a crime, he is found guilty of any said crimes a third time or oftener.) Art. 5. Acts executed against the provisions of mandatory and prohibitory laws shall be void, except when the law itself authorizes their validity. - Mandatory Laws omission of which renders the proceeding or acts to which it relates generally illegal or void. Example: prescriptive periods

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Prohibitory Laws contain positive prohibitions and are couched in the negative terms importing that the act required shall not be done otherwise than designated. Example: “NO”… However, if the law expressly provides for the validity of acts committed in violation of a mandatory or prohibitory provision of a statute, such act shall be considered valid or enforceable. Art. 6. Rights may be waived, unless the waiver is contrary to law, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. - Waiver  intentional relinquishment of a known right; not presumed but must be clearly and convincingly shown, either by express stipulation or acts admitting no other reasonable explanation A right to be validly waived, must be in existence at the time of the waiver, and must be exercised by a duly capacitated person actually possessing the right to make the waiver. (presupposes that the party has knowledge of its rights, but chooses not to assert them) Art. 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 declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. - Repeal  legislative act of abrogating through a subsequent law the effects of a previous statute or portions thereof. May be either express or implied. Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. Judicial decisions o although in themselves not laws, assume the same authority as the statute itself. o Constitute evidence of what the law means. o “legis interpretatio legis vim obtinet”  interpretation placed upon the written law by a competent court has the force of law o SC decisions – authoritative and precedent-setting o Inferior courts decisions and Court of Appeals – merely persuasive o Apiag v Cantero (judge entered into2nd marriage without having his first void marriage judicially declared a nullity, not a basis for immorality)  at that time, there was no need for judicial declaration of nullity o Wiegel v Sempio Dy  case where the Supreme Court declared that there was a need for a declaration of nullity of a void marriage.

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Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. - Ninguno non deue enriquecerse tortizeramente con dano de otro  When the statutes are silent or ambiguous, this is one of those fundamental principles which the courts invoke in order to arrive at a solution that would respond to the vehement urge of conscience. Justice Holmes – “Do and must legislate” to fill in the gaps in the law, because the mind of the legislator, like all human beings, is finite and therefore cannot envisage all possible cases to which the law may apply. Nor has the human mind the infinite capacity to anticipate all situations. Art. 10. In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right and justice to prevail. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. Art. 12. A custom must be proved as a fact, according to the rules of evidence. - Custom  rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory. Juridical custom – can supplement statutory law or applied in the absence of such statute. Social custom – can’t supplement stat law or applied in the absence of statute. Custom, even if proven, cannot prevail over a statutory rule or even a legal rule enunciated by the SC Art. 13. When the law speaks 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. In computing a period, the first day shall be excluded, and the last day included. - If the extra day in a leap year is not a day of the year, because it is the 366th day, then to what year does it belong? Certainly, it must belong to the year where it falls and, therefore, the 366 days constitute one year. Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. - Citizens and foreigners are subject to all penal laws. Will even attach regardless whether or not a foreigner is merely sojourning in Phil territory BUT they may however be immune from suit, and therefore, cannot be criminally prosecuted in the Philippines in certain cases where the Philippine government has waived its criminal jurisdiction

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over them on the basis of the principles of public international law and treaty stipulations 1961 Vienna Convention on Diplomatic Relations – provided that the person of the diplomatic agent shall be inviolable and he shall not be liable to any form of arrest or detention. He shall enjoy immunity from criminal jurisdiction of the receiving state. Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Nationality Rule - Tenchavez v Escano the only absolute divorce recognized is one of the alien spouse. Filipino spouse can be said to have committed concubinage (husband) or adultery (wife). Art. 16. Real property as well as personal property is subject to the law of the country where it is situated. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. Applicability of National Law of decedent, in intestate or testamentary succession, with regard to: o Order of succession o Amount of successional rights o Intrinsic validity of the provisions of the will o Capacity to succeed Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. 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 country. Extrinsic validity – if act is valid where it is executed, even if said act won’t be valid here, will be deemed as valid, nonetheless. Diplomatic and consular officials are representatives of the state, therefore Philippine law should prevail if act is executed before a diplomat, in a foreign country. (basis: by rules of international law, host country where diplomat is assigned, waives its jurisdiction over the premises of the diplomatic office of another country located in the said host country)

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Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. HUMAN RELATIONS Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. principle of abuse of rights. Codifies the concept of what is justice and fair play so that the abuse of right by a person will be prevented. Elements of abuse of right: o There is a legal right or duty o Which is exercised in bad faith o For the sole intent of prejudicing or injuring another Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. speaks of the general sanction for all the other provisions of law which do not especially provide their own sanction. Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. fill in the countless gaps of the statutes, which leave so many victims of moral wrongs helpless, even though they have actually suffered material and moral injury. - Deals with acts contra bonus mores – and has the following elements: o There is an act which is legal o But which is contrary to morals, good customs, public order, or public policy o And it is done with intent to injure. *** Articles 19,20, and 21 are related to each other, and under these articles, an act which causes injury to another may be made the basis for an award of damages. Common Element: act must be intentional. However, art 20 does not distinguish: “willfully” or “negligently” * pari delicto  in equal fault, in similar offense or crime, equal in guilt or in legal fault. Art. 22. Every person who through an act or performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. - prevention of unjust enrichment. No person can claim what is not validly and legally his or hers. Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.

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Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. - in consonance with what is right and legal. Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. to prevent inconsiderate and ostentatious activities during times of emergency specifically provides for the entities which are given legal standing to seek an injunction: o any government or o private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The ff. and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: 1. Prying into the privacy of another’s residence 2. Meddling with or disturbing the private life or family relations of another 3. Intriguing to cause another to be alienated from his friends 4. Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. EXPLANATION OF COMMISSION TO INCLUSION OF ART 26 (Protection of Human Dignity) o Sacredness of human personality is a concomitant of every plan for human amelioration. o The touchstone of every system of laws, of the culture and civilization of every country, is how far it dignifies man. Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial or industrial enterprises, or in labor, through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. JUSTIFICATION by the 1947 Civil Code commission: o It is necessary in a system of free enterprise. Democracy becomes a veritable mockery if any person or group of persons by any unjust or highhanded method may deprive others of a fair chance to engage in business or earn a living. Art. 29. When the accused in criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil

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action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. (2) If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. - Proof beyond Reasonable Doubt  amount of proof which forms an abiding moral certainty that the accused committed the crime charged. NOT absolute certainty, BUT such degree of proof is more exacting than what is needed in a civil case, which is: - Preponderance of Evidence  as a whole, evidence adduced by one side outweighs that of the adverse party. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. - quantum of evidence still merely preponderance of evidence, even if the civil action arose from a criminal offense Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. - if civil action arose not from a felony  quasi-delict  act or omission which causes damage to another, there being fault or negligence, if there is no pre-existing contractual relation between the parties. Does not provide for an independent civil action. - Culpa aquiliana (quasi delict)having had its own foundation and indivuality, separate from criminal negligence, against quasi-delito (cupla extra-contractual) or criminal negligence Also applies to culpa contractual- distinct from criminal action instituted based on criminal negligence. This is governed by Civil Code, and not those of Revised Penal Code, and it being entirely separate and distinct from criminal action, the same may be instituted and prosecuted independently of, and regardless of the result of the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: 1. Freedom of Religion 2. Freedom of Speech 3. Freedom to write for he press or to maintain a periodical publication 4. Freedom from arbitrary or illegal detention 5. Freedom from suffrage 6. The right against deprivation of property without due process of law

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7.

The right to a just compensation when private property is taken for public use 8. The right to equal protection of the laws 9. The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures 10. The liberty of abode and of changing the same 11. The privacy of communication and correspondence 12. The right to become a member of associations or societies for purposes not contrary to law 13. The right to take part in a peaceable assembly to petition the government for redress of grievances 14. The right to be free from involuntary servitude of any form 15. The right of the accused against excessive bail 16. The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf. 17. Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a state witness 18. Freedom from excessive fines, or cruel or unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional and 19. Freedom of access to the courts In any of the cases referred to in this article, whether or not the defendant’s act or omission constitute a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently or any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. for effective maintenance of democracy for these reasons: o in most cases, threat to freedom originates from abuses or power of government officials and peace offices, most are left without redress because fiscal is overburdened, or cant prosecute a fellow public official (high ranking) o quantum of evidence required for a criminal action is proof beyond reasonable doubt which often prevents appropriate punishment. o Direct and open violations of the Penal Code trampling upon the freedoms named are not so frequent as those subtle, clever and indirect ways which do not come within the pale of

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the penal law. These, which are not criminally punishable, are greatest dangers to which democracy clies. - respondeat superior  principal and agent, or master and servant. No respondeat superior between superior officers of the military and their subordinates. May be “directly” or “indirectly” Public accountability Good faith is not a defense. It is enough that there was a violation of the constitutional rights of the plaintiffs and it is not required that defendants should have acted with malice or bad faith. The wrong may be civil or criminal. To make good faith material is to defeat the main purpose of article 32 which is that effective protection of individual rights. Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. RATIONALE: to allow the citizen to enforce his rights in a private action brought by him, regardless of the action of the State attorney. In a criminal prosecution, the complainant is the State. The injured individual is the one most concerned because it is he who has suffered directly. He should be permitted to demand reparation for the wrong which peculiarly affects him. Criminal Negligence, not included in the provision. The law penalizes the negligent act or careless act, but not the result thereof. Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefore. The civil action herein recognized shall be independent of any criminal proceedings and a preponderance of evidence shall suffice to support such action. Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action shall be supported by preponderance of evidence. On the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. (2)If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. - Reservation of Civil Action.shall be made before the prosecution starts presenting its evidence and other circumstances affording the offended party a reasonable opportunity to make such reservation. EXCEPT BP 22 (criminal action for violation of BP 22 shall be deemed

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to include the corresponding civil action. No reservation to file such civil action separately shall be allowed. - When separate civil action is suspended.  IF criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. BUT, nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. (shall be tried and decided jointly.) o Extinction of penal action does not carry with it extinction of the civil action. However, the civil action based on delict may be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist. - When civil action may proceed independently  shall only require preponderance of evidence. (art 32,33,34 and 2176 of civil code). In no case however, may the offended party recover damages twice for the same act or omission charged in the criminal action. Effect of Death on Civil Actions – Death of accused after arraignment will extinguish civil liability arising from the delict. However, when civil action may proceed independently (preceding paragraph), it may continue against the estate or legal representative of the accused after proper substitution or against said estate, or heirs to substitute the deceased, and guardian for minor heirs. - Judgment in civil action not a bar.  Absolved defendant in a civil action, is not a bar to a criminal action against the defendant. Art. 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by the rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. - Precedence.  The general rule is that where both a civil and criminal case arising from the same facts are filed in court, the criminal case takes precedence. EXCEPTION: if there is a prejudicial question  one that arises in a case, the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. There are always 2 cases involved, civil and criminal. The criminal case is always suspended because the issues in the civil is determinative of the outcome of the criminal case. Two essential elements of a prejudicial question: o The civil action involved an issue similar or intimately related to the issue raised in the criminal action o The resolution of such issue determined whether or not the criminal action may proceed. PERSONS

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Civil Personality Art. 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 legal effect, is acquired and may be lost. Juridical capacity – acquired upon birth of a person. *some cases, even unborn. (art 40,41, 742, 854), and terminated only upon death. Capacity to act is not inherent in a person. Art. 38. Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction are mere restrictions on the capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. -restricts the capacity to act. Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances re governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. A married woman, 21 years of age or over, is qualified for all acts of civil life, except in cases specified by law. broader in scope than art 38, but enumerates situations which merelu modify the capacity to act. *** SIGNIFICANCE OF ART 38 and 39  Make an overview of the situation that qualifies a person’s power to undertake acts which can produce legal effects. Natural Persons Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an intra-uterine life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb. - Geluz v CA  can’t invoke “provisional personality” of a conceived child to obtain damages for and on behalf of an aborted child considering that art 40 and 41 were not met. BUT the parents can obtain damages in their our right against the doctor who caused the abortion on account of distress and anguish attendant to its loss and disappointment of their parental expectation. - BIRTH CERTIFICATE  best evidence of the fact of birth. Once registered with the office of the local civil registrar, it becomes a public document. Entries are only ‘prima facie’ evidence of the facts

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contained therein. This is strictly confidential, and the contents cant be revealed except in the cases provided by law.*** They still maintain their nature as public documents, because, following the proper legal procedure, they can be obtained by those interested therein. o Non-disclosure of Birth Records: Except upon request of any of the ff:  Person himself, or any person authorized by him  His spouse, parent/s, his direct descendants, or guardian or institution legally in charge of him if he is a minor  The court or proper public official whenever needed in administrative, judicial or other official proceedings to determine the identity of the child’s parents or other circumstances surrounding his birth  In case of person’s death, the nearest of kin. Art. 42. Civil Personality is extinguished by death. The effect upon the rights and obligations of the deceased is determined by law, by contract and by will. Death Certificate: The office of the local civil registrar of a municipality or a city must also have in its custody the death certificated of the persons who died in its locality. The rights and obligations of a dead person can still be regulated by contract, will or the law. Art. 43. If there is doubt, as between 2 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 be no transmission of rights from one to the other. - Proof of death must be established by positive evidence. It can never be established from mere inference arising from another inference or from presumptions and assumptions. (Juaquin v Navarro son died before mom during Japanese shootings) Juridical Persons Art. 44. The ff. are juridical persons: 1. The state and its political subdivisions 2. Other corporations, institutions and entities for public interest or purpose, created by law, their personality begins as soon as they have been constituted according to law 3. Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or organizing them. Private corporations are regulated by laws of general application on the subject. Partnerships

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and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships (36 and 37a) Art. 46. Juridical persons may acquire and possess property of all kinds, as well s incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of the organization. - Juridical Person  is a being of legal existence susceptible of rights and obligations, or of being the subject of juridical relations. As a fundamental rule, the State cannot be sued without its consent. - Political subdivisions  municipal corporations, provinces, cities and municipalities. o Municipal corporations  exist in dual capacity.  They exercise the right springing from sovereignty  They exercise private, proprietary or corporate right, arising from their existence as legal persons, and not as public agencies. Corporations (government) are governed by BP 68, aka Corporation Code of the Philippines. (effective May 1, 1980) - Partnership  2 or more Distinct Personality and Exceptions: Corporations, partnerships and associations for private interest and purpose may be granted by law a juridical personality, separate and distinct from that of each shareholder, partner or member. Example: Obligation of corp is not obligation of stockholder, and vice versa. Art. 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 derived the principal benefits from the same. Citizenship and Domicile Art. 48. The following are citizens of the Philippines 1. Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines 2. Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines 3. Those whose fathers are citizens of the Philippines 4. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship 5. Those who are naturalized in accordance with law. Art. 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.

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Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. - Domicile  denotes a fixed permanent residence to which, when absent, one has the intention of returning. o Domicile is residence coupled with the intention to remain for an unlimited time. o Residence  used to indicate a place of abode, whether permanent or temporary. o One may have many residences, but only one domicile. A minor follows the domicile of his parents Domicile of origin can only be lost and a change of domicile occurs when the following requisites are present: o An actual removal or an actual change of domicile o A bona fide intention of abandoning the former place of residence establishing a new one o Acts which correspond with the purpose. Under the Family Code, the husband and wife shall fix the family domicile. In case of disagreement, the Court shall decide. Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions. - Jus Sanguinis  citizenship by blood - Jus Soli  refers to citizenship on the basis of the place of birth - Acquisition of Citizenship: governed by CA 473, as amended. o Qualifications  Not be less than 21 on day of hearing of petition  Must have resided in Phil for a continuous period of not less than 10 years  Good moral character and believes in the principles of Consti. Proper conduct and irreproachable manner during residence in Phil in his relation with constituted gov’t. as well as with community he’s living  Must own real estate in Phil worth not less than P5,000.00, Phil currency, or must have some known lucrative trade, professions or lawful occupation. (under present consti, no alien may own land except through hereditary succession)  Able to speak and write in English or Spanish and any one of the principla Philippine languages  Must have enrolled his minor children of school age, in any public or private school recognized by the Office of Private Education of the Philippines

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Special Qualifications (1o years continuous residence may be reduced to 5 years) if:  Honorably held office  Established a new industry or introduced a useful invention in the Phil  Being married to a Filipino woman  Engaged as a teacher in Phil in a public or recognized private school not established for exclusive instruction of children of persons of a particular nationality or race, in any of the branches of educ or industry for a period of not less than 2 years  Born in the Philippines o Who are disqualified  Opposed to organized govt or affiliated with any association who uphold or teach doctrines opposing all organized govts.  Defend or teach the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas  Polygamists or believers in practice of polygamy  Convicted of crimes involving moral turpitude  Suffering from mental alienation or incurable contagious diseases  During residence, has not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace all customs, traditions, and ideals of Filipinos  Citizens of nations with whom (US and) the Phil are at war, during the period of war  Citizens of foreign (other than US), whose laws do not grant Filipinos the right to become naturalized citizens or subject thereof. Loss of Citizenship o Naturalization in foreign country o Express renunciation of citizenship o Oath of allegiance to support consti of foreign upon being 21 y/o. Provided, may not divest himself of Phil citizenship in any manner while RP is at war with any country o Render service, or accept commission in the armed forces of foreign. Provided, shall not divest a Filipino of a Phil citizenship if: RP has a defensive and/or offensive pact of alliance with foreign country Said foreign country maintains armed forces on Phil territory with consent of RP. Provided: o He states that he does so only in connection with his service to said foreign country

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Render service under any circumstances mentioned in par a and b, shall not be permitted to participate or vote in any election of RP during period of service or commission in the armed forces of said country  cancellation of certificate of naturalization  declared by competent authority a deserter of Phil armed forces in time of war, unless plenary pardon or amnesty granted  in case of a woman, upon her marriage to a foreigner if by virtue of laws in force in her husband’s country, she acquires his nationality. Reacquisition of Citizenship o By naturalization. Provided, he doesn’t have any of the disqualifications prescribed. o Repatriation of deserters of army, navy or air corps. Provided, woman who lost her citizenship by reason of marriage with alien, be repatriated after termination of marital status o By direct act of the Congress of the Philippines o

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CASES AND ADDITIONAL THINGS TO REMEMBER

Article 1 • Saclolo vs. CAR – nature of marriage • Skinner vs. State of Oklahoma – marriage is one of the basic civil rights of man • Bove vs. Pinnioti – marriage is not at most a civil contract. It is at least a civil contract because the contracting parties must give their full and free consent/agreement to it. But unlike other contracts, it cannot be dissolved or breached just because the expected outcome did not materialize. • PT&T vs. NLRC – as a special contract, marriage cannot be restricted by any discriminatory rule/regulations/policies. • State vs. Tabby – marriage creates a special status or relation between contracting parties • Magee vs. Young – the state is interested in marriage • Zulueta vs. ZA – although marriage establishes a permanent union, it does not shed the parties individual integrity and privacy. • Ninal vs. Bayadog – as a general rule, the law in force during the time of the marriage shall govern the marriage. • Bayogbog vs. CA – exception to the rule (Provisions of the Spanish code was not implemented in the Philippines, thus, the laws in force when the case was brought to the court) LAWS GOVERNING MARRIAGE A. B. C.

Before 1929 : the Spanish civil code; but there are provisions that never took effect in the Philippines like Art. 53 and 54. 1929 until August 29, 1950 – Marriage Laws of 1929. August 30, 1950 until August 2, 1988 – Civil Code of the Philippines

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D.

August 3, 1988 until present – Family code of the Philippines

Note: The Principle that the validity of marriage is determined by the law effective during the celebration of the marriage is further highlighted by the fact that AS A GENERAL RULE, THE NATURE OF THE MARRIAGE ALREADY CELEBRATED CANNOT BE CHANGED BY A SUBSEQUENT AMENDMENT TO THE LAW. Void marriage cannot be cured. Thus while Art 256 of the family code provides that the law shall have retroactive effect in so far as it does not prejudice or impair vested rights, the retroactivity clause is a general one and does not expressly and directly validate a previous void marriage under the Civil Code. There is one clear case where the Family code allows the filling of a petition to declare a marriage void even if the ground was not statutorily provided for a void marriage under the Civil Code: Article 36 (psychological incapacity -- no longer has a prescriptive period) A case where this is the ground may be filed regardless of whether the marriage has been celebrated before or after August 3, 2004. Article 2-6 • Chi Ming Tsoi vs. CA – procreation as one of the essential marital obligations under the Family Code is based on the universal principle that procreation of children through sexual union is one of the basic ends of marriage. • M.T vs. J.T – after sexual change, the sex is already changed, thus, that person can already contract marriage. • Teter vs. Teter – consent requisite to marriage relation need not, however be expressed in any special manner or particular form. (page 114) • Local Government Code was instituted on January 1, 1992.

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• •

• • •

• • •

People vs. Janssen – if marriage is issued in a place other than the residence of the contracting party, the marriage performed on the basis of such a marriage license is still valid. Payne vs. Payne – The commission of perjury or deception on the part of the contracting parties as to their age in order to avoid the statutory requirement of parental consent is not a cause to invalidate a marriage obtained through such marriage license. The marriage certificate is not an essential nor formal requirement of marriage. Failure to sign a marriage certificate itself does not render the marriage void or annullable (Madridejo vs. de leon) Balogbog vs. CA. – The absence of witness is merely and irregularity which will not render a marriage void. Eugenio Sr vs. Velez –Philippine law does not recognize common law marriages. Persons representing themselves as husbands and wives and has been living together for such a long period of time without marriage are considered “married” in common law jurisdiction but not in the Philippines. Cosca vs. Palaypayon – the practice of judge of requiring the parties to sign the contract before asking for their declaration is highly improper but will not affect the validity of the marriage. Hermosisima vs. CA – mere breach of promise to marry is not an actionable wrong. Wassmer vs. Velez – Breach of promise to marry attendant with formally setting a wedding and going through all the preparation can be liable under art 21 (CC)

Article7 • A vice mayor may act on behalf of the mayor and authorize marriages (People vs. Bustamante)

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Garcia vs. Recio - If the Filipino is already naturalized, Art 26 will not apply but the law where he was naturalized.

Article 34 • Manzano vs. Sanchez – Requirement for article 34 is only that there should be no legal impediment at the time of the celebration of the marriage. Article 35 • Domingo vs. CA -- For purposes of remarriage, the only acceptable proof to show the voidness of the first marriage is a judicial declaration issued by a court directly stating that the first marriage is null and void (Domingo vs. CA). Article 36 • Tuazon vs. CA -- The finding of the trial court as to the existence or nonexistence of the psychological incapacity shall be binding upon the SC unless it can be sufficiently shown that the trail court erred. Article 38 • Back vs. Back – judicial declaration of nullity of marriage shall dissolve Affinity. Article 39 • Chi Ming Tsoi vs. CA -- Any of the parties of a void marriage may file for nullity case even though such party is the wrong doer Article 40 Case 1. Mendoza

Article 21 • Garcia vs. Recio -- If without a certificate of legal capacity and the marriage license is nonetheless issues, the marriage celebrated on the basis of such marriage licenses shall not considered void for it is merely an irregularity.

2. Aragon

Article 22 and 23 • Nicdao-Carino vs. Carino -- The certification of the civil registry shall enjoy high probative value.

5. Odayat 6. Tolentino 7. Wiegel

Article 26 • No state is bound y committee to geive effect in its court to laws which are repugnant to its own laws and good order of society (Brimson vs. Brimson) • Woo Woo Yin vs. Vivo – If the law in the foreign country (ex. China ) is not proven, it would be assumed by the court that it has laws the same as in the Philippines • Divorce initiated by a Filipino is against public policy (Cang vs. CA, Techavex vs. Escano)

8. Code

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3. Gomez 4. Conseguera

Family

Date Covered September 28, 1954 February 28, 1957 June 30, 1971 January 30, 1971 June 2, 1977 May 30, 1983 August 19, 1986 August 3, 1983

Ruling Without need Without need With need With need Without need Without need With need With need

Article 41 • Gomez vs. Lipana – as a general rule, marriage contracted during the lifetime of the first spouse is null and void. • People vs. Arcilla-- The declaration of presumptive death will still be primafacie, and can be overthrown by evidence

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RP vs. Nolasco – the absence of diligent search on the present spouse negates that there is well founded belief to presume that the spouse is dead.

Article 46 • Bucat vs. Bucat – six months pregnancy is already conceivable, thus, no concealment • Aquino vs. Delizo – four months pregnancy is still unconceivable, there is concealment. • Foss vs. Foss – the husband knew before marriage of the unchaste character of the spouse, thus no ground for legal separation. Article 47 • Brown vs. Yambao – the court can take notice of prescription even if it is not alleged in the answer in an annulment case. Article 48 • Cardenas vs. Cardenas and Rehn, Ocampo vs. Florencio – Judgment on stipulation of facts and confession of judgment is no prohibited so long as it is corroborated by independent evidences. Article 49 • Silva vs. CA – visitation rights should be given to the parent not awarded with custody unless there are compelling reasons to rule otherwise. Article 50 • Valdez vs. RTC – Art 50 applies on to subsequent void marriages contracted y a spouse of a prior marriage before the latter is judicially declared void. For void marriages, the rule on co-ownership shall apply Article 55 • Prather vs. Prather – sex with a cow; imperil the wife’s life. • Symthe vs. Symthe – A separation where both of the spouses willingly concur is not a willful desertion of one by the other. Article 56 • Ocampo vs. Florencio – the failure of a husband to look for his erring spouse does not constitute condonation • Almacen vs. Baltazar – the act of the spouse of giving money to not filing charges does not constitute condonation. • People vs. Sensano – the consent of a spouse maybe deduced from his actions. • Greene vs. Greene – volenti non fit injuria • Whitherspoon vs Whiterspoon – connivance Article 58 • Pacete vs. Carriaga -- The non-observance of the 6 months cooling off period may set aside the decision of the lower court. For as long as separation is inserted in any case, the mandatory requirement must be complied with.

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Arroyo vs. Vasquez – If the petition is denied, the court cannot compel the spouses to live together for marital obligations are purely personal in character.

Article 74-77 • Toda, Jr. vs. CA – a separation of property cannot be effected by mere execution of a contract or agreement of the parties but by the decree of the court approving the same. Article 87 • Rodriguez vs. Rodriguez – the selling of the property from the spouse to the daughter to the father cannot be nullified because all are guilty, no one may recover what was given by virtue of the contract.

COMMENTS ON CASES BY MEL STA. MARIA BALOGBOG CASE Witness testified he didn’t see or hear the actual exchange of vows. He only testified “I saw the wedding!” SC said that the actual exchange of vows could be presumed because there was an actual wedding ceremony, as testified by the witness. [As long as the witness saw there was a wedding ceremony, the court then makes a presumption that the exchange of vows took place.] NAVARRO CASE Authority of solemnizing officer is a formal requirement. The GENERAL RULE is that for solemnizing officers: 1. INCUMBENT judge / mayor 2. WITHIN its jurisdiction  absence of authority, treated as no authority, so Void marriage. Navarro case stated that if the solemnizing officer celebrated the marriage beyond its jurisdiction, this is just an irregularity. Especially if both parties were in good faith, or one of them was in good faith. MTC / RTC JUDGE-within its jurisdiction, eg. Makati only CA / SC JUSTICES-entire Philippines

SY v. CA

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Lower court nullified a marriage because of psychological incapacity. SC agreed that it was a void marriage, but the ground was different… it was based on lack of marriage license! The general rule is that if you don’t assign an error in judgment, the appellate court will not tackle that unassigned error or issue. But in this case, even if the issue was unassigned, it was so obvious from the records that there was no marriage license, so the SC could validly render a judgment that indeed the marriage is void because there was no marriage license.

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UY case

H & W, H-comatose, so W assumes SOLE POWER OF ADMINISTRATION. SC said, if wife assumes Sole Power of Administration, you need to get a COURT ORDER. Court Order: it depends on the ff circumstances. If incapacity is STROKE- go to RULES OF COURT & file GUARDIANSHIP proceedings. If incapacity is ABANDONMENT- it is SUMMARY PROCEEDING under the FAMILY CODE. What is important is you still need a COURT ORDER!

Garcia-Recio case A married B(Australian). B got a divorce, went back to the Philippines to marry again. Can he validly do so? SC said YES he can, if the divorce is ABSOLUTE. If it was just a RELATIVE divorce, he can’t marry. Relative Divorce is just Legal Separation. SC also said, Art. 26 of the Family Code (FC) is irrelevant. What will apply is Art. 15 of the Civil Code (CC), which is the NATIONALITY RULE.

ART. 151 EARNEST EFFORTS “No suit between family members shall prosper….” Art. 151 applies only to CIVIL CASES. CUSTODY cases- this is in SPECIAL PROCEEDINGS, NOT A CIVIL CASE so NO earnest efforts required. GUARDIANSHIP, INTESTATE cases- this is in SPECPRO, NOT A CIVIL CASE, NO earnest efforts required.

MEL STA.MARIA discussion If a foreigner wants to get married in the Philippines, he needs to get a CERTIFICATE OF LEGAL CAPACITY from his EMBASSY or CONSUL. But in one SC case, it was held that the non-forwarding or non-presentation of the Certificate of Legal Capacity was just an irregularity, especially if the parties were able to acquire a MARRIAGE LICENSE, then that makes the Marriage is valid! [in short, marriage license is the ultimate requirement, & not the Certificate of Legal Capacity…. Coz the general rule is before you could apply for a marriage license, the foreigner must present his Cert. Of Legal Capacity.]

NULLITY, ANNULMENT, LEGAL SEPARATION cases- NO EARNEST EFFORTS! Why? Coz even if these 3 are CIVIL CASES, the law does not allow these cases to be compromised! RULES- if suit is: 1. CIVIL – earnest efforts required. CRIM/SPECPRO- no earnest efforts. 2. even if CIVIL but falls under NULLITY, ANNULMENT, LEGAL SEPARATION- no earnest efforts required, coz the law does not allow these cases to be compromised. 3. if STRANGER[S] are INVOVLED- NO earnest efforts required.

DOCTRINE OF TRIENNIAL COHABITATION If the wife is still virgin 3 years after the celebration of marriage, then it is presumed that the husband is……[alam nyo na dapat eto… go see Mel’s book] DOSENA case If petitioners are both Husband & wife, and it involved CONJUGAL assets, the signature of only 1 spouse is valid. H & W are JOINT ADMINISTRATORS, courts presume that one knows what the other is doing!

PATERNITY & FILIATION 1. Action to impugn legitimacy of child- must be a direct suit. 2. Main action is for partition of property, but a collateral action was instituted to impugn the legitimacy of a child. Is this valid? SC said YES, if it was proven that the mother was BARREN! (di puede magka-anak)

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The whole chapter of PATERNITY ASSUMPTIONS a. MARRIAGE is VALID

&

FILIATION

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b.

CHILD is UNDISPUTABLY OF THE WIFE

- if these 2 assumptions were not met, then it falls under the BAVIERA v. CATOTAL case, wherein the action was for partition & the ‘child’ was proven to be falsely claiming legitimacy or illegitimacy, as the MOTHER was PROVEN TO BE BARREN!

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1. 2. 3. 4.

‘UNICA HIJA CASE’ Rich ‘parents’ died. A person claims that she was a daughter. Brothers & sisters of the deceased parents questioned the standing of the daughter. The ‘daughter’ argued that only the Husband can impugn her status in a direct action. Is the ‘daughter’ correct? SC: WRONG un daughter! Why? It was proven that the daughter did not come from the mother, so the Rules on Paternity & Filiation will NOT apply. This is a blatant case of FALSIFICATION of BIRTH CERTIFICATE. So the RULE is: CHECK FIRST if the child came out from the Mother, before you apply the Rules on Paternity & Filiation!!!

5.

Before a 3rd party could adopt, earnest efforts to look for a possible ‘adopter’ within the extended family. if the baby sought to be adopted is still inside the womb of the mother, any contract or agreement of adoption entered by the biological parents is VOID! Adopter cannot rescind Adoption, only the Adopted person can. But the Adopter can Disinherit the Adopted person. Under Family Code- Aliens cannot adopt (this was old rule) Under Domestic Adoption Law- Aliens can now adopt (new rule) Look for the 3 Exceptions or grounds to exempt the aliens from procuring Certificate of Legal Capacity or Certificate of Residency.

“legally free child” in intercountry adoption, means that the child is voluntarily or involuntarily committed to social welfare agency. Can you file intercountry adoption application in the regular courts? Yes, but the court will just determine if all the papers are complete & will refer it to the INTERCOUNTRY ADOPTION BOARD for the proper determination of Adoption. (in short, pupunta pa rin yun sa Intercountry Adoption Board… so you better go there initially, not to the courts)

KANG CASE W files Legal Separation case against H. W won. H went to the U.S. W now wants to adopt her children, & asks court to designate her as the one who will exercise Parental Authority, based on ART. 213 of Family Code. SC: Termination of Parental Authority is always with Cause, & must be expressly provided by the court. In this legal separation case, there is no showing that the Parental Authority of H was terminated. ART. 213 of FC merely DESIGNATES the person who will exercise parental authority. It does not mean that H being the guilty spouse, will Automatically lose his parental authority. For ABANDONMENT to apply- it means total, absolute, cessation of Family Duties. In the Kang Case, there was no abandonment, because the H had contact with the children, thru overseas phone calls, albeit it was seldom. SALIENT FEATURES ON ADOPTION

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JURISPRUDENCE OUTLINE BY MEL STA MARIA 1994 Salita v. Magtolis Psychological incapacity is psychosomatic and deals with state of mind and thus can only be proven by indicators or external manifestations of the person claimed to be psychologically incapacitated. These indicators must be clearly alleged in the complaint filed in the court. Krohn v. CA SC ruled that the testimony of the husband with respect to the report of the psychiatrist was not within the doctor-patient privileged communication rule since the one who would testify is not the doctor but the husband. SC also ruled that neither can the husband’s testimony be considered a circumvention of the prohibition because his testimony cannot have the force and effect of the testimony of the physician who examined the patient and made the report. Salcedo v. Ortanez

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1995 Santos v. CA & Bedia-Santos The very first case decided by the SC which discussed the scope and meaning of Art36. SC denied the nullity case. Accdg to Justice Sempio Diy— psychological incapacity must be characterize by (a) gravity (b) juridical antecedence (c) incurability

1996 Tuason v. CA The finding of the trial court as to the existence or nonexistence of a party’s psychological incapabit at the time of the marriage is final and binding on the SC unless it can be sufficiently shown that the tiral court’s factual findings and evaluation of the testimonies and pieces of evidence presented are clearly and manifestly erroneous. Valdez v. RTC Delivery of presumptive legitime is not required as a general rule in void marriages; but, as an exception to this general rule, the Valdez ruling also states that par (2)(3)(4)(5) of Art43 relates only by the explicit terms of Art50, to voidable marriages under Art25 and exceptionally, to void marriages under Art 40.

1997 Chi Ming Tsoi Procreation is an essential obligation (as the basic end of marriage). Constant non-fulfillment of this obligation will finally destroy the integrity or wholeness of the marriage. Prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity, although physically capable. This is the only case which nullity on the grounds of PI was granted. RP v. CA and MOLINA SC enumerated the guidelines in invoking the psychological incapacity under art36: (1)the burden of proof to show the nullity of the marriage belong to the plaintiff (2)the root cause of the psychological incapacity must be: (a)medically or clinically identified (b) alleged in the complaint (c) sufficiently procen by experts and (d) cleary explained in the decision. (3)the incapacity must be proven to be existing at the time of the celebration of the marriage (4) PI must be shown to be medically or clinically permanent or incurable (5)such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. (6) the essential obligations must be those embodied by Art 69 to 71 (husband and wife)of FC as well as Art 220, 221 and 335 (parents and children) (7)interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the PI while not controlling or decisive, should be given great respect by our courts. (8)the trial court must order the prosecuting attorney or fiscal and SG to appear as counsel for the state. No decision shall be

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handed down unless the SC issues a certification. (last sent not anymore needed pursuant to SC resolution)

2003 Masias v. Masias Mercado Fehr v. Fehr Barcelo v. CA-Bengson

2002 Choa v. Choa

2000 Marcos v. Marcos SC ruled that “the personal medical or psychological examination of respondent is not a requirement for a declaration of psychological incapacity and that it is not a condition sine qua non for such declaration. However the Court may or may not accept the testimony of the psychologist or psychiatrist. The Court may base its decision on the totality of the evidence other than the findings of the psychiatrist or psychologist.

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2001 Republic v. Dagdag the law does not define what psychological incapacity is and therefore, the determination is left solely with the courts on a case-to-case basis. Determination of PI “depends on the facts of the case. Each must be judged, not on the basis of a priori assumptions, predilections or generalizations but according to its own facts.”

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