Civil LAW Review BOOK Summary - ATTY Rabuya - Edward Arriba PDF

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PERSONS AND FAMILY RELATIONS GENERAL PROVISIONS CIVIL LAW - The mass precepts which determine and regulate the relations of assistance, authority and obedience among the members of a family and those which exist among members of society for the protection of private interest

CIVIL LAW Codal, statutory and written law

COMMON LAW SYSTEM Basically derived from case law

What is a newspaper of general circulation? (Art. 2 New Civil Code) 1. Published for the dissemination of local news and general information 2. Bona fide subscription list of paying subscribers 3. Published at regular intervals - Effectivity date is on the 16th day - If “Immediately upon approval” - Means immediately after publication - Publication is indispensable PRESUMPTION OF KNOWLEDGE OF LAWS Exceptions: 1. Mistake of doubtful or difficult question of laws 2. Mutual error as to the legal effect of an agreement when real purpose is frustrated 3. Payment by reason of mistake in the construction or application of doubtful or difficult questions of laws. - No conclusive presumption of foreign laws. DOCTRINE OF PROCESSUAL PRESUMPTION / DOCTRINE OF PRESUMED IDENTITY APPROACH - Our court presumes that the foreign law is the same as our local or domestic law. GR: Prospective application of laws EXCEPT: 1. Law provides for its retroactivity 2. Penal law is favorable to the accused unless convicted is a habitual delinquent 3. Remedial or procedural in nature 4. Law is curative in character 5. Law creates new substantive rights provided it has not prejudiced another acquired right of the same origin !

CIVIL LAW REVIEWER Requisites of a valid waiver (Art. 6 NCC) 1. Full capacity to make the waiver 2. Waiver must be unequivocal 3. Right must exist at the time of the waiver 4. Not contrary to law, public policy, morals or good customs 5. Not prejudicial to a third person with right recognized by law 6. When formalities are required, the same must be complied with REPEAL OF LAWS - Implied repeal is not favored. There must be an irreconcilable inconsistency and repugnancy exists in the terms of the new and old law. EFFECT OF REPEAL OF REPEALING LAW: 1. EXPRESS REPEAL - The law first repealed shall not be revived unless provided 2. IMPLIED REPEAL - The law first repealed shall be REVIVED unless the repealing law says otherwise. - Only SC decisions establish jurisprudence and doctrines in our jurisdiction ORBITER DICTUM - Opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it. It is merely incidental. LEX PROSPICIT NON RESPICIT / PROSPECTIVE APPLICATION OF NEW DOCTRINES: When doctrine of SC is overruled, the new doctrine shall be applied prospectively and should not apply to parties who had relied on the old doctrine. Requisites to make a custom an obligatory rule (Arts. 11 and 12 NCC) 1. Plurality or repetition of acts 2. The community accepts it as a proper way of acting, such that it is considered obligatory upon all 3. Practiced by a great mass of the social group 4. Continued practice for a long time - Customs are not subject of judicial notice. The law requires that they must be proved as a fact. LEGAL PERIOD: 1. YEAR - 12 CALENDAR MONTHS 2. Month - 30 days unless it refers to a specific calendar month 3. Day - 24 hours 4. Night - Sunset to sunrise - First day is excluded and last day is included

© Edward Vange Arriba

2 ! RABUYA REVIEWER

CIVIL LAW REVIEWER CALENDAR MONTH - Month designated in the calendar WITHOUT REGARD TO THE NUMBER OF DAYS IT MAY CONTAIN. EX: Feb 1 - March 1 GR: Penal laws and those of public security and safety are obligatory upon all who live and sojourn in PH territory. EXCEPTIONS: 1. Treaty stipulations 2. Principles of public international law 3. Laws of preferential application - Heads of state, Ambassadors, public ministers - Possess immunity from criminal jurisdiction - Consul is not entitled to immunity NATIONALITY PRINCIPLE - Laws relating to family rights, duties or to the status, condition and legal capacity of persons are binding upon citizens of the PH although living abroad. - Divorce by both Filipinos - Void because it is contrary to public policy - If mixed marriage - When divorce was obtained by the Alien abroad provided that such is valid according to their national law - VALID DIVORCE - Reckoning point of citizenship is AT THE TIME OF FILING OF DIVORCE PS: CHECK DEAN ALBANO’S LECTURE. A FILIPINO IN FIXED MARRIAGE MAY VALIDLY INITIATE DIVORCE ABROAD NOW LEX REI SITAE - With respect to property, be it personal or real, it is subject to the LAW OF THE COUNTRY WHERE IT IS SITUATED. EXCEPTION: - The national law of the person whose succession is under consideration with respect to the following aspects of succession whether testate or intestate: (INTRINSIC) 1. Order of succession 2. Amount of successional rights 3. Intrinsic validity 4. Capacity to succeed LEX LOCI CELEBRATIONIS - Forms and solemnities of a contracts, wills and other public instruments shall be governed by the laws of the country in which they are executed. (EXTRINSIC) - When executed before the diplomatic or consular officials of RP in foreign country, it is as if executed in PH. PH laws will govern LEX CONTACTUS OR LEX LOCI CONTRACTUS - it is applied if relating to nature, construction and validity of contracts

© Edward Vange Arriba

3 ! RABUYA REVIEWER

CIVIL LAW REVIEWER

LEX LOCI VOLUNTATIS - Law voluntarily agreed upon by the parties. LEX LOCI INTENTIONIS - Law intended by them either expressly or implicitly EFFECT OF FOREIN LAWS UPON PROHIBITORY LAWS: Ph prohibitory laws concerning persons, their acts or property and those which have for their object public order, policy and good customs SHALL NOT BE RENDERED INEFFECTIVE by laws or judgments promulgated by foreign countries. - A dutch national after divorcing his Filipino spouse FAILED TO SUPPORT their child for several years. He was charged with VAWC. - He pleaded that the law of Netherlands states that he is not obliged to support. - SC: Such law cannot be applied in the PH because it is contrary to the sound and established policy of the PH. 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 of foreign country. - Dutch national is still mandated to support his child. PRINCIPLE OF DAMNUM ABSQUE INJURIA - The proper exercise of lawful right cannot constitute a legal wrong for which an action will lie, although the act may result in damage to another, for NO LEGAL RIGHT HAS BEEN INVADED. - Law gives no remedy Elements of abuse of right (Art. 19 NCC) 1. Existence of a legal right or duty 2. Exercised in bad faith 3. For the sole intent of prejudicing or injuring another GR: Mere breach of promise to marry is not per se an actionable wrong. EXCEPTIONS: 1. Presence of Seduction - There must be in all cases some sufficient promise and woman must yield because of the promise or other inducement. It connotes deceit - There is no seduction when the person voluntarily gave herself to the man because of love and mutual passion. 2. When plaintiff actually incurred expenses. Acts Contra Bonus Mores (Art 21 NCC) 1. There is a legal act 2. Contrary to morals, good customs, public order or public policy 3. Done with intent to injure

© Edward Vange Arriba

4 ! RABUYA REVIEWER

CIVIL LAW REVIEWER Principle of Unjust Enrichment/ Application of Action in Rem Verso (Art 22) 1. Enrichment is without just or legal ground 2. Defendant has been enriched 3. Plaintiff has suffered no loss 4. No other action based on contract, quasi-contract, crime or quasi-delict ACTION IN REM VERSO - Action for the recovery of what has been paid or delivered without just cause or legal ground. - It is considered merely an auxiliary action available only when there is no other remedy on contract, quasi contract, crime or quasi delict. - If there is an obtainable action - SOLUTION INDEBITI SHALL BE APPLIED. - In solutio indebiti mistake is an essential element. UNFAIR COMPETITION REQUISITES: 1. It must involve an injury to a competitor or trade rival 2. It must involve acts which are characterized as contrary to good conscience or shocking to judicial sensibilities EX DELICTO - Civil liability arising from the crime. EFFECT OF ACQUITTAL UPON EX DELICTO 1. Accused is not the author of the act - NO CIVIL LIABILITY 2. Acquittal based on reasonable doubt - Not exempt from civil liability Prejudicial Question (Art. 36) 1. Previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action 2. The resolution of such issue determines whether or not the criminal action may proceed. PREJUDICIAL QUESTION IN MARRIAGE: 1. IF FIRST MARRIAGE IS ALLEGED TO BE VOID, and contracted 2nd marriage without obtaining judicial declaration - BIGAMY IS CONSUMMATED. No Prejudicial question - Applies only where a marriage is at least ostensibly had taken place. EXCEPTIONS: (THERE IS PREJUDICIAL QUESTION) - When no marriage ceremony at all was performed - THERE IS NO FOR JUDICIAL DECLARATION OF NULLITY OF MARRIAGE - In this case, Prior institution of civil action for declaration of nullity will constitute prejudicial question to the criminal action of bigamy. - In case of Identity theft in marriage, There is no need to get judicial declaration of nullity - In Same sex marriage - Also there is no need to get judicial declaration

© Edward Vange Arriba

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CIVIL LAW REVIEWER 2. IF SECOND MARRIAGE IS ALLEGED TO BE VOID - No Prejudicial question - If the second marriage is alleged to be void on the ground of Psychological incapacity - NO PREJUDICIAL QUESTION - Second marriage must have all the essential requisites for validity EXCEPTIONS: - If second marriage has no marriage license - Bigamy is not committed - In This case, The prior institution of civil action will constitute as a prejudicial question to the criminal action of bigamy. EXCEPTION TO THE EXCEPTION: - BUT if the reason for lack of marriage license is the falsification of Affidavit of cohabitation LIABLE FOR BIGAMY - No prejudicial question - The accused may still be charged with bigamy even if there is a subsequent declaration of the nullity of the second marriage so long as the first marriage was still subsisting when the second marriage was celebrated.

JURIDICAL CAPACITY

CAPACITY TO ACT

Fitness to be the subject of legal relations

Power to do acts with legal effects

Inherent in every natural person. Not acquired

Not inherent. It is acquired

Lost only through death

Lost through other means

Cannot be limited or restricted

Can be limited or restricted

Restriction of capacity to act: - Insanity, state of being deaf mute, prodigality and civil interdiction - They do not exempt the incapacitated person from certain obligations when arising from his acts or from property relations such as easements. DEEP POCKET RULE - For quasi delict committed by persons below 21 but at least 18, the father or the mother is liable for damages caused by said person living in their company EFFECTS OF CIVIL INTERDICTION: 1. Deprivation of rights of parental authority or guardianship 2. Deprivation of marital authority 3. Deprivation of right to manage property 4. Deprivation of right to dispose his property or conveyance inter vivos. CIVIL PERSONALITY - Same as juridical personality. Fitness to be subject of legal relations. BEGINS: Birth determines civil personality

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6 ! RABUYA REVIEWER

CIVIL LAW REVIEWER A person is considered born for all purposes if after COMPLETE DELIVERY from mother’s womb or after cutting of the umbilical cord: 1. INTRA UTERINE LIFE OF AT LEAST 7 MONTHS - Alive even if only for few hours 2. INTRA UTERINE LIFE OF LESS THAN 7 MONTHS - Must live for at least 24 hours. PROVISIONAL PERSONALITY OF CONCEIVED CHILD: It is limited for the purposes favorable to the child. CONSEQUENCES OF PROVISIONAL PERSONALITY: 1. Right to be a donee of simple donations but acceptance shall be made by the persons who would legally represent him 2. Right to receive support from his progenitors 3. May not be ignored in their testament or else PRETERITION - There is no need to establish the civil personality of the unborn child if his/her juridical capacity and capacity to act are not the issue in the case and the case is not whether the unborn child has acquired any rights incurred any obligations prior his death that were passed on to the parents. - Parent applied for bereavement benefits because his unborn child died. The employer refused to pay because the child never died because it never acquired juridical personality. - SC: Parent was entitled to the said benefits. Life is not synonymous with civil personality. One need not acquire civil personality first before she could die. Constitution recognizes the life of the unborn from CONCEPTION PRESUMPTIONS OF SURVIVORSHIP ARTICLE 43 NCC

RULE 131 ROC

When question of survivorship involves persons WHO ARE CALLED UPON TO SUCCEED EACH OTHER and there is a question of succession

No question of succession

Requisites: 1. No proof as to who died first 2. They are called to succeed each other

Requisites:" 1. No proof as to who died first" 2. They perish in the same calamity

In the absence of proof, they shall be presumed to have died at the same time THERE IS NO TRANSMISSION OF RIGHTS FROM ONE PERSON TO ANOTHER

ROC RULES GOVERN

Elements of Domicile (Art. 50) 1. Physical presence in a fixed place 2. Intention to remain permanently in said place Acquisition of New Domicile (Art. 50) 1. Bodily presence in a new locality 2. Intention to remain therein 3. Intention to abandon the old domicile

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CIVIL LAW REVIEWER

MARRIAGE - Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the state. - Marriage is not a mere contract but also a social institution - If a man and a woman deport themselves as husband and wife, they are presumed, in the absence of counter presumption or evidence special to the case to be in fact married. Essential Requisites of Marriage (Art. 1 Family Code) (E-LC) 1. Legal capacity of the contracting parties, who must be a male and female; and a. 18 years old or above b. Not under any impediment mentioned in Arts. 37 and 38 of the Family Code 2. Consent freely given in the presence of a solemnizing officer Formal requisites of Marriage (Art. 2 FC) (F-OLC) 1. Authority of the solemnizing officer 2. Valid marriage license 3. Marriage ceremony where the contracting parties appear before the solemnizing officer, with their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

ABSENCE, DEFECT OR IRREGULARITY

EFFECT

Absence of any of Essential requisites

VOID

Absence of any of the Formal requisites

VOID" Except: In case of authority of solemnizing officer, If either or both of the parties believed in good faith that the solemnizing officer had legal authority

Defect in consent

Voidable

Irregularity in any of the formal requisites

Does not affect the validity of the marriage but the party may be responsible civilly, criminally and administratively

- If any party is below 18, It is VOID even if with parents’ consent or solemnized abroad - Age should be reckoned from the date of marriage and not from the filing of application for issuance of marriage license - If parties are suffering from legal impediments mentioned in articles 37 and 38, MARRIAGE IS VOID even if solemnized outside the PH and valid there. ARTICLE 37: Incestuous marriages: 1. Between ascendants and descendants of any degree 2. Between brothers and sisters whether full or half blood

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8 ! RABUYA REVIEWER

CIVIL LAW REVIEWER Article 38: Void by reason of public policy 1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree 2. Between step parents and step children 3. Between parents in law and children in law 4. Between the adopting parent and adopted child 5. Between the surviving spouse of the adopting parent and adopted child 6. Between the surviving spouse of the adopted child and the adopter 7. Between the adopted child and a legitimate child of the adopter 8. Between the adopted children of the same adopter 9. Between parties where one, with the intention to marry the other, killed that other person’s spouse or his or her own spouse CONSENT - If ABSENCE of consent - VOID - EX: Mistake in the physical identity - If DEFECTIVE only - Voidable - If At least 18 but below 21 and no parental consent - Voidable - Unsound mind - Voidable - Vitiation of consent - Voidable - If purpose is to acquire American citizenship - VALID - Marriages entered for other purposes, limited or otherwise such as convenience, companionship, money, status and title are VALID - LOVE THOUTH THE IDEAL CONSIDERATION IN A MARRIAGE CONTRACT IS NOT THE ONLY VALID CAUSE OF MARRIAGE. Other considerations not precluded by law may validly support a marriage. VALID MARRIAGE LICENSE - ABSENCE - Void - Spurious or fake - ALSO VOID - Mere irregularity - Validity of the marriage shall not be affected by the parties responsible for the irregularity shall be civilly, criminally and administratively liable - Issuance of marriage license in a city or municipality not the residence of either parties and issuance despite the lack of publication or prior completion of the 10 day period for publication - MERE IRREGULARITIES. Do not affect the validity - Marriage license is valid only for a period of 120 days from the date of issuance and is deemed automatically cancelled at the expiration of the period. - Marriage celebrated after the expiry date - VOID. OTHER REQUIREMENTS FOR ISSUANCE OF MARRIAGE LICENSE: PARENTAL CONSENT - Any party below 21 is required to exhibit parental consent to the local civil registrar - If issued despite absence, MERELY VOIDABLE

© Edward Vange Arriba

9 ! RABUYA REVIEWER

CIVIL LAW REVIEWER PARENTAL ADVICE - If a party is between 21 and 25 parental advice is required. - If not obtained or if not favorable, the marriage license shall be issued only after 3 months following the completion of the publication of the application. - If issued earlier, Marriage is STILL VALID. It is a mere irregularity in the formal requisite. It does not affect the validity CERTIFICATE OF MARRIAGE COUNSELING - If any party is between 21 and 25. - In the absence of such, the issuance of marriage license shall be suspended for three months from the completion of the publication. - If issued earlier, The marriage is STILL VALID. It is a mere irregularity PUBLICATION OF APPLICATION FOR ISSUANCE OF LICENSE - Must be published for 10 consecutive days and the license shall be issued only after the completion of period - If issued prior, STILL VALID. Mere irregularity CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE - If either or both parties are foreigners it is required. - Absence is a mere irregularity and will not affect the validity of the marriage CERTIFICATE OF COMPLIANCE IN FAMILY PLANNING SEMINAR - Mere irregularity MARRIAGES EXCEPT FROM LICENSE REQUIREMENT: 1. Marriages in Articulo Mortis - Remains valid even if the party survives - Solemnizer is required to execute an affidavit stating that he performed the marriage in articulo mortis and he took steps to ascertain the ages, relationship and legal impediments of the parties. - Absence of such affidavit is a mere irregularity 2. Marriage in remote places - Residence of either party is so located that there ...