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Persons and Family Relations 2009 (Atty. Sta. Maria)

CIVIL CODE OF THE PHILIPPINES: Preliminary Title Article Summary Summarized Annotation: Article 1: Civil Code of the Philippines Art. 2: Laws shall take effect 15 - Civil code took effect on August 30, 1950 days following the completion - EO 200 was issued by President Aquino on June 1987 which of their publication provided that pursuant to the ruling in Tañada v. Tuvera publication need not be made in the Official Gazette, considering its erratic release and limited readership. - Newspapers for general circulation could better perform the function of communicating the laws to the people—more available, wider circulation, comes out regularly. - If a statute does not provide for its effectivity, it will only take effect 15days after the completion of its publication. (No one shall be charged under the statute until the completion of the publication.) - Statutes may provide for another number of days for publication. The statement “unless otherwise provided” refers only to the 15 days (which can be changed to a different number) and not the requirement of publication. —Publication is indispensable. Art. 3: Ignorance of the law excuses no one

Art. 4: Laws shall not be retroactive unless provided

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Added Info:

Covered Under this Rule: - Presidential decrees and executive orders by the president in exercise of his legislative powers. - Administrative rules and regulations if their purpose is to enforce or implement existing law pursuant to a valid delegation. - City charter must be published even if it is only applicable to a portion of national territory * Interpretative regulation and those internal in nature need not be published.

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It is the presumption that every person knows the law. Ignorance cannot be put up as a defense because it can always be used causing disorder in society - This is the reason why publication is an essential element, so that no one can excuse himself or herself for not knowing. - Statutes are to be construed as having prospective or future operation only it is not meant to be applicable to the past unless it is expressly provided for or is clearly and necessarily implied from the law. Cases when the law may be given retroactive effect: 1. The law expressly provides 2. When the law is curative or remedial – meant to cure defects in order to enforce existing obligations. To enable people to carry into effect what they intended in the obligation but could not due

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Persons and Family Relations 2009 (Atty. Sta. Maria)

Art. 5: Acts committed against mandatory and prohibitory laws shall be void.

Art. 6: Waiver of Rights

Art. 7: Repealed Laws

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to some statute. Not meant to impair obligation or affect vested rights. 3. When the law is procedural – when it deals with procedure it applies to all actions, which have accrued, or pending and future actions. Ex. When the legislature provides that all bills should under go 4 readings instead of 3. This affects all bills that have been created and even those already undergoing readings. 4. When the law is penal in character and is favorable to the accused. MANDATORY PROVISIONS OF LAWS: If one fails to commit certain acts that are mandatory in the law, it renders the proceeding or acts to which it relates as illegal or void. Ex. The law provides “ The action to revoke the donation under this article must be brought within 5 years from the time the decree of legal separation has become final.” (Article 64, Family Code) PROHIBITORY LAWS: Those that one is not supposed to do. Couched in negative terms. Ex. The law provides that “ No legal separation may be decreed unless the court has taken steps towards reconciliation.” (Article 59, Family Code) - Rights may be waived unless it is contrary to law, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law. - The right must exist at the time of the waiver. Requisites: 1. The person knows that a right exists 2. Has adequate knowledge upon which to make an intelligent decision 3. Knowledge of the facts related to the right to be waived 4. Must be shown that the waiver is made knowingly and intelligently - Rights provided for in statutes can generally be waived unless the object of the statute is to protect or promote public interest - Laws are repealed only by subsequent ones - Between a law and the Constitution, the latter prevails - Administrative or executive acts are valid only when they are not

Examples of what cannot be waived: 1. Waiver against the right to purchase land. 2. Waive an action against future fraud 3. Waive right to receive less than the compensation a worker is to receive under the law.

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contrary to laws or the Constitution REPEAL: legislative act of abolishing a previous statute through a new law - Where a portion of a statute is rendered unconstitutional and part is valid the arts may be separated if they can stand independently of one another. Art. 8: Judicial decisions form case laws Art. 9: Responsibility of the courts Art. 10: It is presumed that the lawmaking body intended right and justice to prevail Art. 11: Customs Art. 12: Customs must be proved accdg. to the rules of evidence. Art. 13: Years, days, months

Art. 14: Penal laws

- Judicial decisions, applying and interpreting laws and the Constitution, assume the same authority as laws. - Judges must not evade performance of their responsibility because of an apparent non-existence or vagueness of a law governing a particular legal dispute. - The court must first apply the law, only when there is ambiguity in its application should there be any kind of interpretation. - The interpretation should be in line with the intent of the legislature or the end sought to be attained. CUSTOM: a rule of conduct formed by repetition of acts, uniformly observed as a social rule, which is legally binding and has obligatory force. JURIDICAL CUSTOM: Can be a supplement/addition to a statutory law unlike a social custom, which cannot do so. Years: 365 days each Months: 30 days – if designated by their name, they shall be computed by the number of days that they respectively have Hour: 24 hours Nights: Sunset to sunrise - In computing a period first day exclude last day included - All citizens or foreigners who sojourner are subject to all penal laws and laws meant for public security and safety. -

Art. 15: Nationality rule

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Art. 16: Real & Personal Property

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Regardless of where a citizen of the Philippines might be he or she will still be governed by Philippine laws when it comes to family rights, duties, or to his or her legal status and legal capacity, Real and Personal Property are subject to the law of the country where it is found. However, when it comes to the order, amount,

Exception: Foreigners who are immune from suit and thus cannot be charged (diplomatic agents) Thus a Filipino cannot get a divorce even if he or she goes abroad, since divorce is not recognized in the Philippines

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Art. 17: Forms and Solemnities of contracts/will, acts done before consular officials, prohibitive laws

Art. 18: Deficiency in the Code of Commerce and special laws

HUMAN RELATIONS Art. 19: Abuse of right doctrine

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and intrinsic validity of the succession it shall be regulated by the law of the person whose succession is being considered regardless of where the property is to be found. Extrinsic validity: the laws shall govern the forms of contracts and wills where they are made. Thus a will made in the U.S. must follow the laws regarding the forms of wills in the U.S. Acts before Diplomatic and Consular Officials: Any act or contract made in a foreign country made before the diplomatic and consular officials must also conform to Philippine laws. This is because in the premises of a diplomatic office the foreign country waives its jurisdiction so the Philippine laws govern in the premises of the Philippine Diplomatic Office in foreign countries. Prohibitive Laws: Prohibitive laws concerning property, persons, their acts and those meant for public order, public policy, or good customs will continue to be in effect even if the person is in a different country with different laws. Ex. A Filipino gets married to 2 women in another country where bigamy is legal, the second marriage is void since bigamy is not permitted in the Philippines. -

When there are deficiencies in the Code of Commerce and Special Laws the civil code will govern such deficiency. Ex. In the Code of Commerce there is no stated prescription date for a certain act, thus the provisions on prescription in the civil code will govern. - However one must check the kind of transaction at hand and whether the civil code provision is applicable Ex. In a previous case, the Carriage of Goods by Sea Act there is a one year prescription for making a claim for loss or damage and the plaintiff believed that he could extend the prescriptive period by giving a written demand pursuant to Art. 1155 of the civil code, especially since the civil code is meant to be supplementary according to Art. 18. However the Supreme Court ruled that it was not applicable because when it comes to matters of goods in transport it is desirable that it be resolved at once taking into consideration the nature of the goods. -

Meant to be a law of justice and fairness especially in instances wherein there is no specific law to prevent acts of abuse to another.

*The three articles are related to each other and

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Art. 20: willfully or negligently causes damage to another

Art. 21: Contrary to good customs, morals, or public policy

Art. 22: One who comes into the possession of another is obliged to make restitution Art. 23: Even if the act was not due to ones fault or negligent he is still liable for indemnity if he was benefited. Art. 24: Protecting the rights of the disadvantage Art. 25: Extravagance during acute public want or emergency

Art. 26: Respect privacy of others. Respect for human dignity Art. 27: Public servant refuses or neglects to do his duty without just cause Art. 28: Unfair competition

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It is a rule of conduct that is meant to create a harmonious and orderly relation ship between people - Speaks of the general sanction for all other provisions of law, which do not especially provide their own sanction. - Designed to fill in the countless gaps in the statues, which leave many victims without recourse. Elements: 1. There is an act which is legal 2. But which is contrary to morals, good customs, public order, public policy 3. And it is done with intent to injure - Presupposes material or other loss which one may suffer as a result of another person’s act UNJUST ENRICHMENT: one should not unduly profit on something which he does not own - Thus if one is benefited at the expense of another, he must pay or indemnify the other for what he has gained.

under these articles an act, which causes injury to another, may be made the basis for an award for damages.

It is the courts duty to render justice and give protection on account of those who are disadvantage due to moral dependence, ignorance, indigence (poverty), mental weakness, tender age or other handicap. The courts at the instance of the government or any private charitable institution can order one to stop extreme spending during times of emergency. Ex. There is a gasoline scarcity and a rich man buys tons and tons of gasoline to power his private amusement park. –the court may order him to seize such at the instance of the government or charitable institution to prevent such in times of emergency. - Meant to enforce the right of one to his privacy in one’s own home, religious freedom, prevent moral suffering, vexation, humiliation, - One may file an action for damages against the officer who does not perform his official duty without just cause. - A public officer who commits a tort or other wrongful act is still liable to the victim. - Necessary to promote a system of free enterprise and a fair chance for others to

*If the officer is no day off, then one cannot file an action against him.

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Art. 29: Civil action when guilt is not proved beyond reasonable doubt Art. 30: Civil obligation arising from a criminal offense Art. 31: Civil obligation not arising from the felony

Art. 32: Civil action for violation of constitutional rights Art. 33: Civil action for violation of private rights

Art. 34: Members of the Police Force

Art 35: Reservation of civil action

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engage in business and earn a living. - If in a criminal case, the accused is not proven guilty beyond reasonable doubt a civil action may be made and the degree of proof necessary is only a preponderance of evidence which means that more evidence is adduced to prove the guilt of the accused compared to that to defend him. - A civil obligation arising from a criminal offense only needs a preponderance of evidence as the quantum of proof, - Usually a criminal proceeding, if commenced, must be terminated before a civil proceeding can begin. If a civil proceeding has begun and later on a criminal proceeding is filed, the civil proceeding is put on hold until the criminal proceeding has finished. However when the civil obligation is separate from the crime committed it may proceed independently of the criminal proceeding. - Certain injuries do not arise from the commission of a crime. Ex. A bus driver crashes the bus because he is drunk. The civil action here is based from the breach of the contractual obligation of all common carriers to take extra diligence in driving his passengers. The criminal action here is based on the driver’s criminal negligence. The first is governed by the civil code and the second is from the Revised Penal Code. - Necessary to have an absolute separate and independent civil action for the violation of civil liberties for the effective maintenance of democracy. - Principle is to allow the citizen to enforce his rights regardless of State action so that citizens will not depend upon the government for the vindication of their own private rights. - Includes fraud, defamation, physical injuries and are understood in their ordinary sense.

*Criminal negligence (reckless imprudence) is not included in this article, thus an independent action for such cannot be made independently from the criminal prosecution.

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When there is danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible. - An independent civil action can be instituted wherein a preponderance of evidence is all that is required. - When a person claiming to be injured by a criminal offense, charges another but the judges fails to find any crime to have been committed or if the prosecuting attorney refuses/fails to institute criminal proceedings

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Art. 36: Prejudicial Questions

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The general rule is that the criminal case takes precedence; an exception would be if there exist prejudicial questions, which should be resolved before the criminal case. PREJUDICIAL QUESTION: That which must precede the criminal action that which requires a decision before a final judgment is rendered in the principal action where the said question is closely connected. The resolution of the Prejudicial question will determine if the criminal action may proceed. Ex. A and B got married. B then married C. A filed a case for bigamy against B. B also filed a civil case against C (the second spouse) contending that she was intimidated into marrying C. The civil case to determine whether there was intimidation or not must necessary be resolved before the bigamy case. If B was indeed intimidated in marrying C, there is no bigamy. CIVIL PERSONALITY: GENERAL PROVISIONS Art. 37: Juridical Capacity and JURIDICAL CAPACITY: fitness to be the subject of legal relations, inherent in Capacity to Act. every person and is lost only through death. - Acquired when one is conceived (rights of the unborn child) CAPACITY TO ACT: power to do acts with legal effect, may be acquired of lost - Acquired when one reaches the age of majority, lost in cases like civil interdiction1. Art. 38: Restrictions on the Restrictions on the capacity to act: Minority, insanity or imbecility, state of being a capacity to act deaf-mute, prodigality, and civil interdiction are mere restrictions on the capacity to act. – Do not exempt the person from certain obligations. Art. 39: Modification or limit Modify/limit capacity to act: age, insanity, imbecility, the state of being a deafcapacity to act mute, penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship. NATURAL PERSONS Art. 40: Commencement of - Birth determines personality but the conceived child shall be considered Civil personality born for all purposes that are favorable to it. Provided that the conceived child is later born with the conditions in Art. 41. Art. 41: conditions to - The fetus is considered born if it is alive from the time it was completely determine when the child is delivered from the mother’s womb. BUT if the fetus was alive in the considered conceived. womb for less than 7 months it is not deemed born if it dies within 24 hours it is delivered form the womb. Art. 42: Civil personality - Death puts an end to civil personality

* Both men and women are qualified from all acts of civil life when they reach the age of majority (18 years old)

-For purposes of inheritance and succession, a child conceived at the time of death of the decedent can s

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An accessory penalty for the commission of an offense, which deprives the offender during the time of his sentence the rights of parental authority, or guardianship, right to manage his property and the right to dispose of such property by any act.

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extinguished at death

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Art. 43: Doubt between the death of two or more persons

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JURIDICAL PERSONS Art. 44: Who are juridical persons Art. 45: What governs juridical persons Art. 46: Rights and obligations of juridical persons

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Dead person continues to have personality only through contract, will, or as determined by law. – Creditors can still claim from the estate of the deceased any obligation due to them. No human body shall be buried unless the proper death certificate has been presented and recorded however during an epidemic bodies may be buried provided that the death certificate be secured within 5 days after the burial. Applies to persons who are called to succeed each other like mother and child. (Necessary to determine the amount of inheritance one is to receive, transmission of rights, etc.) If there is no proof as to who died first, they are presumed to have died at the same time and thus no transmission of rights from one to the other. Proof of death cannot be established from mere inference or presumptions. It must be established by clear positive evidence.

JURIDICAL PERSON: Being of legal existence susceptible of rights and obligations. 1. State: organized corporate society under a government with the legal competence to exact obedience of its comman...