INTRODUCTION To LAW ROLANDO A. SUAREZ tet Dina REX Book SturePhilippine Copyright 2018 by ROLANDO-#. SUAREZ ISBN 970-971.23-6493.8 NNo portion of this book may be copied or ‘reproduced in books, pamphlets, outinea of notes, wheter printed, mimeographed, typewritten, cop indifferent electronic doviesorin any othe ooes foe distribution orssle, without the written permisclom of {he authorized representative of the publisher exc brie pessagesin books, artists, eviews, logal papers, sand judicial or other official proceadings with pooper Staion ‘Any copy of thisbook without thecorresponding ‘number and the authorized signature of the authcr ‘on this page cither proceeds from an ilegitsnate ‘source ori in possession of one who haa uo extort to dispoce ofthe same. ALLRIGHTS RESERVED No, 2277 _ iting ioe i MUL $3", gers asec PREFACE ‘The continuing and overwhelming support of law students and professors throoghout the country inpires the author to agree ‘ach and every edition ofthis book, ‘his desire, coupled with the exhaustion of the coies of the last edition and the need for updated work eonsidering'new lave, ‘rovedures and jurisprudence eto the printing ofthis new eden, ‘The purpose of this bok, however, ix stil the same, and that ie to give a basic knowledgo toa boginne, and not to aadsie baw aie, lengthy discussion and explanation of eodel provisions ung care” ‘The author sill blioves that this would be more practical, effective, and more in line with the precise tito of this beak Ne ‘hopes that this modest work could be of help to anyone whe ence Grateful acknowledgement is due to all the members of my staff in my law Sra for all thoirsesiatance in the ecodeag sod proofreading of this book Paratiaque City, September 8, 2011, ROLANDO A. SUAREZ‘ACKNOWLEDGEMENT 1 acknowledge the assistance rendered by the members of my present staff, Rosalio M. Ramoran aod Shey Lyan E. Colte Tamm grateful to my daughter, Rhine Rizzn tf. Suarez, for hor valuable efforts and assttanco to me inthe printing, encoding aed arrangement ofthe final layout of the manuscrip, and to mi sos, Atty; Roland Rhoanel M. Suarez, alo for his own eontsibutlon in particular cases T have assigned fo him. also wish to thank the whole staf of Rex Printing Co, Ine. for helping me throughout the entire printing proce. Above all, Iam immensely gratel to God for ell the blessings, ‘guidance, and fortane that I have received and thoae stil Se saneDEDICATION ‘To my wife, Nora, and my children, Revel, Roland Rhone, Reina Rice and Rhina Riza; to my beloved and deceased parents, ‘Maroelo A. Suarez and Elena Arevalo Suarer, my firs teachers whe taught me the rudiments of writing and the value of hard works to ay thoughtful end loving aunt, Cornelia Arevalo Vd Dr Capul to iy kind and equally thoughtfal mother in-law, Niles Lautchae Via, De Menslese, who just passed oway; tomy deceused brother, and sisters, Buendegardo, Proserina, Evra, Manolo and Roda with whom Ihave shared the Blessings of a modest home and hart working parents; to all my former teachers who cared to enlighten ‘me with their knowledge; to my towntnatos und frond wi Share ‘ay thoughts and aspirations fra beltr society. and above all any dear God who is always generous to help me in any of my endeavors, 1 dedicate this hnmble workCONTENTS Chapter I — Law, Its Concept and Classification. Chapter Il — World's Legal System... Chupter II — Law and Its Application Chapter IV — The Legal Professou and the Qualifictions snd Procedure for ‘Admission tothe Prestice of Law. Chapter V_— Code of Professional Responsibility Chapter VI — Pereons ee (Chapter VI — Concept and Nature of Marrisge Chapter VII — The Family Chapter IX — Property. Chapter X— General Principles about Contracts ‘and Obligations Chapter XI — Spocial Contracts. Chapter XIE Chapter XIE ~ Tovts and Damages. (Chapter XIV ~ Political Law and the Cor ofthe Republic ofthe Philippines Chapter XV — Criminal LaW nnn (Chapter XVI — Remedial Law. (Chapter XVII — Lahor Law and Social Legislation, Saoceaton 2 37 46 49 oy 26 7 190 138 162 206 220 2612 "TRODUCTION TO LAW 8. Lats mun be ordained fr the common bene ‘his recgnize th tana etn na fal Bx Sipruna Ler” ~ th wells of phe CLASSIFICATION OF LAW Natonar, raw — (Pha! Yaw ~ Universe This lew derives ie | 9f Ain Gat governs ‘the force and ‘mathonty | eadict and’ movement af from God. It is supe- grist are non-free and ‘rior to other laws, It is —— lining to the whole | Morat Zaue ~ Set of ule whick ork in atl counteice | Seaca hat eh ed Td at eternal fa Shas Is wrong ae teal by {he human cnaconc and sa Inpired by teal tines Divine Law 4% Divine Positive Law, te, Ten Commandments ¥, Divine Human Positive Law, ie, Commandments of the Chueh, Public Lae 8% Constitutional Law — is the fundamental law of the land which defines the powers ofthe government. b. Administrative Law — thet law which fixes the organize don and determines the com petence of the sdministratine authorities end which regu lates the metheds by which ‘the functions of the govern. ‘ment are performed, POSITIVE LAW LAW, ITS CONCEPT AND CLASSIFICATION ‘© International Lato — body of rules which regulates the ‘community of nations. Private Law — Body of rules ‘which creates due, rights ‘and. obligetions, and the ‘moans endl methods of aet- ting courte in motion for the ‘enforcement of a right or ofa ‘redress of wrong. (Words and Phrases, Vol 24,337) a. Substantive Private Law hots ros which declare relations of ibgantes when the courts have been Droperly moved to action upon ‘acta duly presented to them, (24 Words and Phroses, 237) b, Procedural or Adjective Private Law ~ refers to the ‘means and methods of setting the cours in motion, making ‘the facts known to them and fectuating thei judgments SOURCES OF LAW Law is derived from diferent sou cs, namely: (1) legislation; (2) precedent; (8) custom: and (4) court decison, (a) LEGISLATION — Before the declaration of Martial Law in the Philippines on September 21, 1972, the power to legislate laws is vested in the Congress of dae Philippines which consists of the Senate and the House of Representatives. Upon th imposition of Martial Law and afer the dissolution ofthe old Congress, the Power to legislate law is vested inthe President ofthe Philippines. ‘This isthe reason chy the President sued presidental decrees and letters ofinstructions. When the Botass”;Pambensa was organized, legislative power is principally vested in this body although the President, under and by virtue of what is known as smendssent 1No.6, continued to issue decrees when the exigency ofthe situationChapter WORLD'S LEGAL SYSTEM ‘THE THREE PREVAILING LEGAL SYSTEMS ee ate nay legal aystems that have existed in diferent 2) The Asgease nae: The Mesopetamian Lop Sheng, The Roca Legal Sytem; (@) The Egyptian Lage Sacer The Peete Leta Syst (6) The Hbrew Lael Seas) mms aasatal Legal Sytem; (7) The Chinese Pag (8) The Maritime Legal System, Reece Lage! Sratem: (1) The Roman legal Sete OO) Maken Sten (18) The Jepancee Lag Sratem ce ig ae Mobemmedan Legel Sytem id systems, however, there are three legal systems sted infuence toour laws in the past several oostonns Wont ison Sera \VALUE AND IMPORTANCE OF ROMAN LAW Many law students often ask why Rowan Law was then {included inthe law curriculum aad why was «throu subject for many years New Ciil ode is basiily Raman in rg, Numerous asinediglpisigor sl anime aks eet Being ied odie by ew pron ent tents anees yy sioner in tht ndings It's wort oman eet ‘omen sme ofthe, tha 41. Tgnorantia legis non exeusat — ignorance of te law 2, Dura lex se lex — The law may be harsh, but iis sil the law, 3. Cessante ratione cestat ipsa lex — When ihe reason for the lw ceases, the law aloo reass to exist; 4. Sie utere tuo ut alienum non iaedtae — The owner of 4 hing cannot mako use Users in such « manor as to {injure the rights of third peroon (Art. 481, NCC, Patria potesta ~ Parental authority, Negotiorum geatio ~ Unauthorized management; ‘Res perit domino — The thing perishes withthe owner, ‘Jus possidendi — The right to possess; . Jus abutendi — The right to abuse, 10. Jus wtendlt ~The right to use; AL, Jus Fruendti — The right to the fruits, 12, Jus dinponendi ~ The right to dispose; 18, Jus vendicandi — The right to recover, 14. Nulla poena sine lege — Ther is no crime when there ‘sno law punishing ite “Raman Lat ea lonpr inn thors et the hor icks tht the ne coor cag {iene ene tea rien ad na ck. "uvmmooucTion ro Law 18, Salus populi ert supreme lex — The welfare of the People shall be the supreme laws 16. Caveat emptor ~ Duyers beware; 17. Solutio indebiti — Unjust ensichment; 18. Aadificum solo credit — The balding fllows the lands 12. Accewsorium siguitur principale ~ Land is rec, Principal; and Mt alway 20. Nullam tempus occurit regi — Time rins not eguinet ‘he sovereign Modem laws and concepts of persons and family relations, Pateral authority, marvage, divorce, exocabinage, leptieetae ERunloation, adoption, guardianship, propery, awison aileron Roman lg ertae i te noted for origi. These gf fama vl a il, arr and pecs Me ‘pe tadons of lew in acing cocoa onc eee POLITICAL HISTORY OF ROME (@) INTRODUCTION ‘The evolution of Roman Law is better understood and SPprocinted by asociating it with the politcal histor of Renee. found thirteen conturies from the founding of Rome, ton ace ‘hanges inthe goveramontas well asim the mode and the seen ae [WORLISLBOAE SysTER the people. Necessarily, each period has its own extent of political ‘and legal development "The importance of associating the politcal history of people vith ts lav was recognized by Gaius, « Roman jurist, when bead “Being about to take up an interpretation of our enciont statutes, | ‘have thought it essential that the law of the Roman people shosid ‘be traced from the foundation tho ety, not because {want to weite verbose commentaries, but beaase inal mtter, I pereuive a thing is complete aly when all parts are assembled, and surely the most important part of «thing is its begining." (Burdick, Priniples of Roman Law and Their Relation to Modern Lew, p. 87) (©) THREE PERIODS OF ROME'S POLTTICAL, HIs- ‘TORY Romanpolitica history isdivided nto three periods: Monarchy (753-509 B.C.) Republic 500-31 B.C.) and the Empire (31 BC. 1455. AD.) ‘The first period start fom the eel times to the abolition of the kingship, The second period starts from the abolition of the ‘monarchy tothe unification of aly. The thin period ia marked by the breakdown of th old ropullien form and is characteraed $y fierce political strife 1) Monarchy (758-509 B.C.) Romulus, fom whom the name of the ety was derived, is the founder of Rome. Ta Kings who immediately succeded him are Nama Pompias Tllus Hosts and Ancus Manitus ‘Numa Pompilius was doseribed asa wise ad pious ruler and is ‘known to have established the Roman religion and the adding of two months to tho tensnonth calendar. During the rege of Tallas Hostilus, the Romans conquered Alba Longa, the religious center of the Latin people. Under Ancus Merits, numberof troublesome Lelin cities were conquered and thei Inhabitants were brought to Rome. Shorey before 300 B.C, Rome sas conquered by Etruscan princess from uers the Tier. Tarquiaus Priseus (618 B.C), the frst of the Btruscan kings, drained the clty’s marshes and ‘mvroved the Forum, whieh was the commercial and police comer of the town. He earriod on ataay ware with many neighboring people.nemopucTiON ToLAW ‘nder Savin Tula, th tcond Etruscan bing, reaty vs made withthe Lai hie wich scbseeinent see ‘the head of all Italy. hem Brutus at about 09 B.C. Asaresult, the Etruscane weve from the city and the rest of the Latiui, and Rome becnne Republi (b2) Republic 509.81 B.C.) In this period, constant warfare and conquest prevailed. ‘he rein of government was in the hands of the aistorane citizens called patricians. At first, the plebiany (eomen {itizena) had ite todo with the administration ef goveromeces Gredually, however, they removed the barrier batweoy tog ‘ue to their continuing demands for refrms, Inthe eaty days of the Republi the ring power wae Alvde between wo patrician magiteie cated one a ‘They were called consuls whi were chown by ap cma called Comitia Contarita. It wee, fade up ae, ‘spportone in such s way thatthe von of the patterns counted mare than the votes of the petians Te a, any act of auy magistrate which was unjust to any toon The plbina continued to grin other rights and an seumbly of ter own called conclu phe, we They appointed en aancominien called Doreen {tablets in 450 BC. In 445 B.C, the plebisns wns the sak, ‘marry patrcians by virtue of Lex Cenuleia, Sometime in 367 B.C, Liensian laws aro passed which revised debt lava, limited holdings 300 ares of land, and compelled the large Isndowners to employ a certain proportion af the laborers. In 260 B.C, the plebiane wera admitted to the 8. | CONSTRUCTION BY THE BAR AND LEGAL COM: MENTATORS ~ It is presumed that the meaning pully gen 8 statute by the members ofthe logel profeson is trae one aad regarded as one that should not be lightly changed (50 an Jon ‘p.912) The opinion and eammessries of text writers sa lege, ‘smmentators, whether they ae Filipinos a forsignrs, ey tase ‘amulted a, in fat, they aro etentimes cited or made ce efrences Im cour decisions, ‘SIMPLIFICATION OF THE RULE REGARDING THE USE OF EXTRIN. SiC AIDS Bxtrinsie ids, euch as those mentioned above, ar enti! wo ‘espoct, cansideration and weight but the cours re at Liberty to decide whether they are nypicable or ot tothe case brought vot {or decision.Chapter Iv THE LEGAL PROFESSION AND THE QUALIFICATIONS AND PROCEDURE FOR ADMISSION TO THE PRACTICE OF LAW {QUALIFICATION FOR ADMISSION TO THE PRACTICE OF LAW ‘There are two bic requirements that shoul be complied with before person can engage inthe practic of lew. FIRST REQUIREMENT (Before Admission tothe Bar) He should frst bo admittad to tho bar. This requirement is complished by complying withthe following requirements (See. 2 lnrelation to Secs 8, ane 14, Rule 138, ROC) 8. Citizenship — He must be a citizen ofthe Philippines; ‘Age ~ Tle must at least be twenty-one (23) years of age; Resldence — He must be a resident of the Philipines; Education Qnalifcation per 41 He mast have completed a fouryear high school course which i prerequisite toa bachelor's degree Inare or eclences, 42 He must have completad a bachelor’s desree with any af the following subjecte as major or Beld af 42.1. Polteal Science 422 Logie 423 Bnglieh 424 Spanish st Eon, porns aN oe goaucaions 425 History 426 Beonomicn 43. He most have completed a Bachelor of Lawe degree ‘mala schol oruniverity approved acd recognized by the Secretary of Education. © Moral and other Qualifications — He must be of ond moral character, and that no charges against him, involving ‘oral turpitude have been fod or are pending in any cout in the Philippines. {Bar Examinations — Ho muct pate the Ber Examin- £1 In order that a candidate may Ye deemed to have passed his examinations muemefuly, he must heve obtained a general average of 75 in any subject Tn separate cases, the Supreme Court made the fllowing ‘Tan vs, Sabandal, BML No. 44 Bequia vs. Sabandal, SBC 66, Feb. 24, 1992 Melonolo-Herrera, J “The practice of le: isnot matter of righ. It is @ privilege bestowed upon individuals who are no! learned in the law ut we tre also known to possess good enol characte.” eS eesLogarda vs. Court of Appeals GHLNo. 94457, June 10,1982 ‘En Banc, Per Curiam “Lawyers are indispensable part ofthe whole system of wdmi- string Justice in tha jurisdiction. Ata time whan strong and Alatrbing criticisms aro being hurled atthe lgal profesion, strict ‘compliance with one's cath of oflo and Une Conons of Proescianal Bie is imperative” “Lavryers shouldbe fair, honet, respectable, above suspicion snd beyond reproach in dealing with thir cints. The profession is not synanymous with an ordinary business profession. Iisa matter ‘of publ interest” PRACTICE OF LAW IS A PROFESSION AND NOT A BUSINESS Law avoctcy isnt capital that yields profit, The rturnait ivesbirth toare simple rewards fre done orservice rendered. tie ‘allng that unlike mercantile parts which enloya greater desl freedom from government interferency, is impresed with public fnterest, for which itis subject to State regulation (Metropolitan ‘Bank ond Trust Company ut. Court of Appeals, GR. Noe. 8810003, “Ton, 23, 190, Second Division, Regalado, J.) Membership in the legal profiasion is achieved cay after a lng and Inborius study. By sears of patiencs, real and ability, the attorney eoquires « xed mean of eupport fr himeelf and his family. This is not to say, however, that the emphasis is on the pecuniary value of this pofeesion but rathoron the soil prestige Spd intalecual standing nocescerily arising ftom and attached to the same person of the fact that everyane le deemed an officer of the court. (Conrad vs. Navarro, Adm Case No. 2085; Ortigas ve ‘Navarro, Adm. Cose No. 2148, May 3, 1980, Bn Banc, Per Curiam) On the one hand, the profession of an atiomey is of great Importance to za individual and the prosperity of his life may spend on its exarise. The right wo exerene tought sot tobe ight tor ssprciosly taken from him. On the other hand, ie extremely Alearable that che respectability of the Bar should be maintained fend that its harmony with the Bench should be preserved. For these objets, some controlling power, some moderation, and judgment, ‘ust be exerdised. Conrad "> Navarro, anra, Orgae vs. favaro, supra) “WE LH, ORESION AND Tu QUALAFICATIONS ‘THE DUTIES OF A LAWYER "The lawyer has the flowing duties: 1. Tomaintain allagiane tothe Republic ofthe Philippines nd toeupport the Contitetion and obay the lnws ofthe Philipines 2, To chserve and maintain the respect dus to the courts of sustioe and Jada ofors 8. To counsel or maintain tach actions or proceedings only as appear to him tobe just, and such defense only as he believes bbe oneatlydebetable under te law; 4 To employ, for the purpote of meintaning the extsoe confided to him, such means oaly es are consistent wth truth and hover, sd never eeck to mislead the judge or any judicial oficer by a aries or fale statement of eto law, ‘5. ‘To maintain inviolate the confidence, and at every peril ta himael, to procarve the oerets of his len, and to aeropt mo ‘compensation im connection with his elias businese except am, ‘him or with hir knowledge and sppcoval: 6. To abetain fom all offensive personality and to advance 0 fact prea tothe honor or reputation afm party or witness, ‘nlensrequlzed by the jtion ofthe onze with which hee charged ‘1. Not to encourage either the commencement or the continuance ofan ation or proseding, or delay any man's cause, fom any corapt motive or interest; 8. Neverto rset, for any considaration porsonal to himself, the cate of the defenseless or oppreied and 9, Inthe defonse ofa pernon accused ofa erzne, hy all air and honorable means, gardens af his personal opinion as ta the irulltof the accused, to present every defense Ut the aw permis to {he end that no prson may be deprived of if or liberty, but by due proces of. LAWYER'S COMPENSATION An attorney shall be enliled to have and rcover from hia lent ‘ot more than a reasonable compenaelion fer hi serves, ith & ‘iow of to importance of the subject mater ofthe controversy, the ‘ont of te tryin rendre, andthe professional standing ofthe Sttomey. No court aiall be t3und by the opinion of attorneys as(®) Toe Suprome Court, m order t further the State logitimeso intrest i eevating the quality of professional service, ‘may require that tho cot of proving the profession i this fash bbe shared by the subjecte and beneliaris ofthe regularity program ~ the lawyers. () And because itis « new regulation in exchange for new bonis, it snot retroactive, its wot une, it snot unfit (a re Integration ofthe Bar ofthe Philippines, 28 SCRA 22-281, 1973; In redllion, A.M. No. 2928, August 8, 1978) Chapter V CODE OF PROFESSIONAL RESPONSIBILITY ‘BACKGROUND In 1917, the Philippine Bar Association edopted Canons 10 82 tho Canons of Profesional Ethin ofthe Ameriean Bar Association. Jn 1946, it adoptod Canons 83 to 47 of tho Canon of Profesional Ethics of the American Bar Association. These Canons served as the ethical rule tht were fllowod and enforced by the ear, and ‘which were cbuerved an guiing principle ofthe iswyers, the courts, {he Bar, and the pubic to ensure that due respect ia gven to lew In 1980, the Integrated Bar of the Philipines adoptad Code of Professional Responsibility. It was submited Intar to the Supreme Gourt for approval. Oa June 21,1968, the Supreme Court ‘promulgated the Code of Professional Responsility. THE CODE OF PROFESSIONAL RESPONSIBILTY 1S SINDING UPON ALL LAWYERS "The Code has twenty-two (22) Canons, thus Canon 1 A lawyer shall uphald the constution, obey ‘he laws of the land and promote reepet or Jaw and for legal procesces Canon 2 — Alawyer shall make hislgal service available ‘nan efficient and eouvenlent “manner sompatible with the independence, integrity tnd effectiveness ofthe profession. Canon3 ~ A lawyer in making known his gal services shall use only tre, honest, fair, dignified end objective information or rstement of factsCanon 4 Canon 5 Canon 6 Canon 7 Canon 8 Canon 9 Canon 10 Canon tt Canon 12 Canon 13 Canon 14 ‘A lnwyor shall participate inthe improvement ‘ofthe legal system by iitatng or supporting ‘forts inlaw reform and in the iaprovemect of the administration of justice Alawye shall oop abreast of legal develop- ments, participate in continuing legal duce ‘ion programs, support etorta to achieve high standards in lw echoola as well inthe prac. tical training flaw students and asit indi sorinating inrmation regarding the law and ‘Mrapradence, ‘These canons shall appl to lawyers in govern- iment service in the discharge of their ofa ‘ack. ‘Alawyer shall tall times uphold te integrity land dignity ofthe legal profession and eupport ‘the activities ofthe integrated ba. A lawyer shall conduct himself with courtery, faimess and candor toward his professional colleagues, and shall avoid haressing tactice against opposing counsel. A lawyer shall not, direct o indirectly assist ir the unauthorized practice of law. ‘A lower ces candor, faimess and good faith to the court. ‘A lawyer shall cbicrve and maintain the respect du tothe courts and io udicial office tnd should init on similar conduct by others. A lawyer shall exert every efor and consider lhe duty wo assist inthe speedy and eftont administration of justice, ‘A lawyer shall rely upon the merits of hus ‘muse and refrain from any impropriety which fends to influence, or gives the appearance of Influencing the court ‘A lawyer shal! not refuse his services to the Canon 15 — A lawyer thal obscrve anor, fienoes nd loyalty in ‘ll his delinge and transactions swith hls elon. Canon 16 — A lawyer shal hol in trust all moseye and properties of his cient that may come ita is oatesson Canon 17 ~ A lawyer owes fidelity to the cause of his lint and be shall be mindful ef the teu and ‘confidence reposed inh, ~ Allawyer shal sore his lent with competence snd diligence, Canon 19 — A lawyer shall represent his cont with sea! ‘within the bounds ofthe law, Canon 20 ~ A lawyer shall charge only fait and reasonable fee Canon 21 — A lawyor shall preserve the confidences and secrets of his ellont ven aftr the ettomey- lint relation is erminated Canon 22 — A lawyer shall withdraw his services only for ‘00d cause and upon note appropriate in the dreunstance, GOOD MORAL CHARACTER 18 THE CORNERSTONE OF THE ‘CODE OF PROFSSIONAL RESPONSIBILITY PABIS: 1, Rule 188, Section 2, Revised Rules of Court 2 Cenon 1, Rale LoL ‘They provide as follows: Rulo 138, Se. 2 “Section 2. Requirements forall applicant for edmission to the Bar. ~ very applicant for admission ab @ mater ot ‘he bar must bo citizen of the Philipines, atlas tnentgg (2 yoars of age, of geod moral chavacer. and a raids of the Philippines, and must produce before the Supeeme Cours ‘satisfactory evidence of good moral character and that nocharges aguinst hm, invelving moral turpitude, have bean ‘led or are ponding in any court inthe Pillpines (Canoe 1, Ralo 1.0% "Canon 1. A lawyor shall uphold the constitution, obey ‘the laws ofthe land and promote respect fo law and for legal processes” “Rule 1.01. A lawyer shall not engage in unlawful, Aishoneet, immoral or does cond. ‘TO GIVE TEETH TO RULE 158, THE REVISED RULES OF COURT PROVIDES THE FOLLOWING IN RULE 138, SECTION 27, THUS: Section 27. Attorneys removed or suspended by Supreme Court on what grounds. ~ A ember ofthe bar may bo removed oF ‘uspended from his ofico a atorney by the Supreme Coort fr any deceit, malpractice, or eter gross misconduct in such ofc, groely {immoral eondet or by reason of his conviction ofa rma involving ‘oral turpitude, r fr any vslation ofthe oath which hei required to take before the admission to practice, o for wif disobedience of any lawful order ofa superior cout, o for eorrupty or wilfully appearing as an attorney fr party to a ease without authority to ‘doe, The practice of eating easoe nt nw for the purpose of xin, ‘ther perwoally or through paid agents or brokers: constitutes malpractice, GOOD MORAL CHARACTER IS NOT ONLY A REQUISITE TO [ADMISSION TO THE PRACTICE OF LAW, BUT IT IS ALSO A ‘CONTINUING CONDITION TO REMAIN ASA MEMBER OF THE LEGAL PROFESSION tis continuing requisite and condition for alewyerto remain 25. momber of the lag profseion for thy are always requird to ‘smnform to the higher standards of morality. Ae anytian, or when ‘ lewyescommita mrongdoing which indicates the moral unftnest {fer the profession, whether i be profesional or non-proxsiocal, justifies disciplinary action. Bmido Grande ws. Atty. Bvongene De Silea, A.C: No, 4838, July 28,2005) Ja BM. No. 164, June 8, 2004, entitled “In the matter of, ‘the Disqualication of Bar Examince Haron 8. Meling inthe 2002 Bar Exauninstions and for Disciplinary Action at a member of the PPhilippino Shar’ Bar,” the Supreme Court said Practice of law is not a right, but a privilege bestowed upon individuals who are not only icarmad in the et, bat who ‘crealey known to possess good moral character: Respondent’ ‘concealment speaks of his lack of good moral, character and ‘enults in the forfelture ofthe privilege Bestotved om him aa ‘member ofthe Sharia Bar. — Practice oflam, whether under he ‘agular or the Sharfa Court, snot eater of right bat merely 9 ecuirement ofgoed moral characte not nly cond precadent to adssission to tho practise of law, its contiaued pesoaion i also fer remaining nthe practice of lew. ‘The standard frm fue in connection with the application {p take’ 2009 Bar Peaminatione requires tho apace fo aver that ho or she “has not been charged with any actor mation Punishbe by lay ra or epulation ofr a fiscal je fs fr administrative body, or Indeed fn oF aaceed or taviced By aay curt or tun fy tle eine invlag mara terpitde; nora there ony ponding ease Chane pean ae Despite the decoration eure hy tho fran, Malin i ot revel Ut he he tres) pending erin cate Hisdlverae lanca cenwututes concealment, done under cath at that (In he Mater of ‘he Dingualficatin of Bar Esamince Helin 8: Ming, BA Ne, 1158 June 8 2000) ‘The sclosurerequirementisimposedhy the Court determine ether there is satisfactory evidenee of good mcr character of the applicant, The nature of whatever easee are pending against the applicant would ad the Court fm determining whether hr is endowed with the moral ftnees demanded a lamyer By eoorling the existence of ach cases, the applicant then funks Uso tet of ‘ilnass even if the cases are ultimately proven to he sawerranted x uct to inpag oat! te god maa hare of he Molings concealment of the fact that thore are three (3) ‘ending criminal eabes aginst him apeks of his lack ofthe requisite ood morel cheracler and resulta in the frfeitre othe priloge ‘bestowed upon him aa.a member of Shara Bor ‘THE REQUIREMENT OF GOOD MORAL CHARACTER WAS THREE (G) OSTENSIBLE PURPOSES "These parponse are 1. To protact che public,2. Toprotact the public mage oflawyers; and ‘To protect prospective clients (Dantes us. Dantes, AC. 585, Sept. 22,2004) \WHAT Is THE CONCEPT OF GOOD MORAL CHARACTER? ‘There ano exact definition ofthe term “good moral character” ‘thas been held that moral character what a person realy, a8 Aitinguished from good reputation or from the opinion generally fntertined af him, the estimate in which hein eld be the public Inthe place where h is known. Moral character ie not a euhjeative {arm but oe which cneresponds to abjective realty. The standard of ‘personal nd profesional intagrity i not etited by euch conde ‘ts merely entities the peron to escape the ponalty af eiminal lav. Good character ined t Teart common humility. (Rapong ve. Oblema, 7 SCRA 859), ‘The raqurement of god character ia of much resto import, ‘a far aa the general public is concermod, than the pococsion of ‘the legal learning. Lemyers are exported 20 able by the tnets of ‘morally, not only upon admission tothe Bar but also hraughout ‘thet legal creer, in order to maintain one's good standing is that ‘exclusive and honored fraternity. Good moral characteris more than {ust the sbeonce of bad character. Such character expres iaelt ‘the will todo the unplessant thing if ti right, and the resolve not tadathe pleasent thing itis wrong. Ths must be no because "ast ‘Interest are committed to his care; he isthe reipient of unbounded trust and confidence; he deals with the cient’ property, reptaion, ‘ef, hal." (Cordon ve, Balianua, A.C. No 2797, Oct, 2002), DISEARMENT AND DISCIPLINE OF ATTORNEYS; HOW IS THIS CONSTITUTED? SECTION (RULE 139-8) — Proceedings forthe disbarment, suspension o discipline of attorneys may be taken bythe Supreme CGoare motu propre, or by the Integrated Bar of the Philppines OBP) upon the verified complaint of any person. ‘The complaint ‘hal state eer and coniely th fct- complained of and shall be Supported by alidavits of persons having personal knowleage ofthe facts therein alleged andlor by such documents as may eubetentate sid fact ‘The IBP Poard u. Goveruors may, motu propsio e- won ‘formal by the Supreme Court oF by a Chapter Board of Ofer, or (CODE oF PROFESSIONAL AESPONSIBIITY “ st the instance of any person, initiate and prosecute proper charges ‘guinat ving uttoaeys inctangthoee a the goverment serv Six (6 copies of the verde complaint shal be fled withthe Secretary ony ofitschapter who shall frthwith renemit heme to the IBF Board of Governors fr ansignnent oan investigator LEOPOLDO V. CREDITO, EF AL. ve. ‘ATTY. SALVADOR T, SABI Oct 19, 2008 Facts: ‘The labor arbiter ordered th reinstatement of the employee! laborers of Binalbogan Isabela Sugar Company (scom) sad ‘warded to them the amount ofP678,138.38 as tll backwages, ‘The NLRC revered the suid decison which prompted the camplainants, led by Credo, to ask Aly. Salvador: Sabi, Sle a petition fr certiorari with the Suprnse Court. Complainants collected amounts from members ranging fro P30 ta PLOD each Aefray the expences in fling the petitions However, the Court demssd the potion ow Mare 9,192 fetter st tg es a rn ‘euiedertieton guna foram hoping Rependet sop ‘did not tell petitioners of the dismissal for three (3) years. = Complainants sought the disbarment ef respondent for negligence of duties. The matter was rerred to the TBP, which inielly found respondent guilty of simple neghgerse and egal and unjust actuation as practicing lawyer fr which the penal of 2year suspension was recommended, The ISP Hoard of Dre reduced the penalty tom “warning” that a ein ar offnse in the future would be dealt with more every. HELD: 1. Canon 1 of te Coto of Pfeil Hespenai roves that inners ome Sci fo te ene ef et aloes ind ust therfre be vay minal ft was sad dee {pote in them. Under Canon 1, they aro male sane tine {Senta with eompetens and igen Spt they arse “ong! gal mater nto the ad toe ages te Conectin‘herwih tal rnd able Saas they ar eid to ky thr hots normed a theeselati’ eaea and to reapand within a reanonahe ton to request {br information Even before jainng the Ber, lawyers subecriba 1 ‘an oath to conduet themselves “with all good Sdaity as wel tothe ‘courts a to Uelrlents.” 2 The dismissal of complainants’ petition before the Supreme Court was due to the fallure of respondent t pay the ‘tal revised dockat and other logal fect ae wal as to attach the requir certification on fore shopping. He attempted to rectify those procedural lapses by fling m Moti for Reconsideration Nonetholoe,thare fs no donying th fact that ho overiouke procedural roqurements that a normally prudent practitioner could fd should not have left unattended, especially when tho “ights fovght to be protected mere those ofthe underprivileged like the present complainants 3. Lawyers engaged to eprecont clients in a engo bes reapooability of protecting th latter's interest with warmth, ze {ibd utmost dligence. Thoy must constantly keop in mind that ther ‘clions or emissions would be binding a the cents, 4, In Garcia ve. Aty. Manuel, bod fith was ascribed to 8 lawyer fo fling to inform the client of the stats of a cage In view oftheir highly fduciary relationship wit their counsel cients have ‘every reason to expect from the former periodic and full updates on ese dovelopments, pisposmon: Atty. Sabio was found gully of violating Canons 17 and 18 ofthe Canons of Profeweional Responsibility and for which he was | SUSPENDED from the practic of aw for on (1) year elective upon receipt of decison, with starn warning that cnilar atsin ho future wil be dealt with more soverly Chapter vi PERSONS CONCEPT OF APERSON Jn Ramen law, a person is ons who is expable to exercise ownership ond legal rights and to incur and contact obligations ‘Under thie omcopt a slaveie not conadered person he being merely ‘regarded then ass chattel « thing tht canbe sl or dissed of ‘the discretion of the master. Hence, a lave doesnot have Ue legal ‘apacity to exareise ownership and to incur andcontrect obligations ‘The old and the new Conattatons of the Philippines, on the other hand, guarantos qual protection ofthe lawe and tie ‘means that no persons or cass ef pera, whether rch o por end regards of his religious belief and palin persuasion, shall be desied the same protection ofthe laws which i enjoyed by other peteons or other clases of persans in the asme place and in Ice ‘rcumstances. Special favor or privilege for any individual or clase is prohibited. (S301, Art. 1, 1987 Conttution) ‘Under the New Civil Code, « parson may be @ natural or juridical person. A natural peron rere toa human blag and & Juridical person refers to uxy ofthe follwing. (1) The state and its political subdivision @ Other corporations, institutions and entities for public interest or parpoes, created by law, (8) Corporations, partnerships and associations for private intrest oF purpots to which the law geente jriical personality, wparate and distinct fom that of cach ‘harsholé, partner or mente. (Art #4, NC) cAPACITY 1s Roman aw, egal capaci refered toa ull prop capacity. Te hae this kind of expe ssn bite muse be re,citizen and a eu juris, The capacity alrondy acquired and being ‘nipyed may be lst or diminished. Tha degre of dination fans ‘Under the New Civil Code, a person as fll or complete evil capacity if be hus juvdial capacity and capacity to act. Juridical ‘pacity isthe fitness tobe the subject of eal relations, Capcity to ‘cts tho power to do acts with legal effect ‘Artile 37 of tho New Civil Cade provides a flows: “uridical capacity, which ie the fnses to be the suject of legal relations, is inherent in every natural person and is lot ony through death. Capacity to ac, tohich isthe power to do act with legal effect a acquired fond may be lost Capacity to ot, ne jr capacity, may be reece Lied Tho Terricons are thowetestoned im Artie 98 ofthe ‘New Gol Code tt cope: MIgPC 1M — Minority 1 = tosenty S = State ofeing deatomute P — Prodigaity © ~ civil interdiction Cis interdiction chal deprive tho fender daring the tin of tus sentence ofthe rights of prenalsathory, or guardanlip, citer tate pironrropey ay wart ot ‘ofthe rightto manage is property and ofthe ight to dapace a propery by any actor any conweyane ner otc. (Art 3, RP) -Arsile 98 ofthe Now Civil Code spesks of restrictions on opacity t act, while Arie 39 speaks of circumstances whieh ‘modify or limit capacity to ac. Said erile provide a allows: “Art $8. iors, im'y or imbeclity, the state ofbeinga dea wut, prodgalty and evil intareton are tnere restricuonson capacity tact, and donotexempt the fcepactated pereon from certain obligations, a2 when the later are from hie aaa or "2m property rlatisnc sch as easement “Are 9. The flowing circumstances, among oth ‘9, modify or limit eapacty to aet age, sanity, and Imbeciity, the state of being deatmute, penalty pod ality, family relations, clienage, absene, insolvency and trustoeship. The eomsequences ofthese ecumstane- fs are governed in this Code, other codes the Rules of Cour, and in special ews. Capacity tose isnt limatad on account of religios elie o politcal opinion” “A marriod woman, ‘wenty-one sears of age or ‘over is quilted for all sets of ci lie except in eases ‘specified bylaw.” WHEN DOES THE PERSONALITY OF ANATURALPERSON BEGIN? Personality of a natural person begins at conception (nat at ‘birth provided that birth should oscur Inter. This ison the esi of ‘Article 40 ofthe New Civil Code which provides illows “Art. 40. Birth determines personality but the ‘umecived child shall be considered born for ll purposes that are favorable ot, provided tbe boen eter wi he candtions specified inthe flowing ariie”™ WHEN DOES THE PERSONALITY OF A PRIVATE CORPORATIONS (PRIVATE JURIDICAL PERSON) BEGIN? 1 bogins trum the momsat © certificate of incorporation is ranted to it by ho Securities and Exchange Commision. Prom this moment, it has a personaly separate and distinct fom Rt stockholders WHEN IS A FETUS CONSIDERED BORN? Article 41 snswors this question. It says: “For civil purposes, he fetus is consiored bora fiir live a the ie it is eomplealy delivered from the mothers womb, How're ifthe flit bad a Intrauterine lit of es than seven mont, emit doomed bare i ites within twen'y-Srar hours after bis complete livery from Sie maternal wom,” Under Articles 40 and 41 therefore, conerved child can bo m recipient of donation provided itt favorable wo hie The metus that ifthe donation i urdansune toe cmened ch, the donation isnot considered validNOTE: o ® feed an inta-trine life of las than seren onthe thchld asta ved win ent fur 20 our aris compete delivery fom is mataral wom (Cant etn, ti) 1 he fetus ha on inte rion fant sven anh ts consdered toefitilve afr sane sven om the mother womb. Chapter Vit CONCEPT AND NATURE OF MARRIAGE conczPr ‘Theconcep of marriage both in Romanlaw end inthe New Civil (Code are fandamentally the came. It i regarded an permanent §union ofa man and a woman [tis only in thst sone that concept is similar fr while the Roman rogard marriage ane union of mae and a woman is s ifslong consertium. the New Civil Code came lout with a more strict and conservative cauept and defeat of ‘marriage, Sil later, the New Family Cade amend this defen, DEFINITION OF MARRIAGE ‘REQUISITES OF A VALID MARRIAGE “Article 62, New Cieik Code “Article I, New Family Code Marriage is not a mere contract but an @ ‘Marriage ie a special contract, of permanent union, between + mc and a icoman entered into in ‘ocordarce with aw for the ertab- Hshment of conjugal and family {fe It isthe foundation ofthe fam. ty and an tnototable social inatt tution whose nature, coneequence, land incidents are governed by le ‘and not subject to eipalation, ex ‘cept that marriage wetilements ‘may fix the property relations dur ing the marriage within the mits | proclded by this Code. (S20)‘Articlos 2 and 8, Now Family Code ‘A7L.63.Nomarziageshall | Art 2. No marriage shall be solemaized unless all these | bo vali, unless those naental requisites are complid with: | equate are present 1. Lage capacity ofthe con- | 1, Legal capacity of the com ‘acting parton; ‘acting partce who must ‘boa male ands fomale;and 2 Their consout, ely given; 2 Consent freely given in the 3. Authority of tho person | ® OF “hit Article 58, New Civil Code presence ofthe solenunizing Performing the mersces | Face ae a Ax. 8. The formal reat 4 A marrige eens, exert | sing VE Seree Rema ‘namarragootexceptional character. Sec ta, Art.| 1. Authority of the S619) telemnizing offcor, 2 A valid marvinge teense excep inthe case provided {orn Chapter of tia Tie, and presence of not leat than {Gro witneces of legal age (6, 550) Hence, unlike an ordinary contract, the parties, both under the Now Civil Coas and the Family Code, cannot just terminate their marriage as they wish, for the consequence and incidents of ‘marrige are governed by law. Notaries Publiewho draw or execute documents destroying the involability of marriage are subject to iplnary seta, UNDER ARTICLES 2 AND 3 OF THE NEW FAMRY CODE ESSENTIAL REQUISITES “Art. 2. No marriage shal. be vali, unless these ssenlial requisite ae presents, ) Legal capacity of the contracting porte who ‘must be maleand a female Consent freely given in the presence of the solemnising ofc” (Underscoring supp) FORMAL REQUISITES "Art. 3. The formal requisite of mariage ae: (1) Authority ofthe solemniing offer; (2) A valid marriage linge except in the saser rovided for in Chapter 2 ofthis Tes and @) A marrioge ceremony which takes place with ‘he appearance of the contracting parties before the sa tmnizing ofcer and their personal declaration that they tae eachother as husbancl and wifein the presence of ak eas than tivo witness of liga age (830,950) (iden. storing supplied) ESSENTIAL REQUISITES ‘The absence of any of Une eid eesentil requisites renders the ‘untract of marrage void cb initio except as may he prvded we Section 85(2) ofthe Family Code, Hence, ie required that (The contracting partie must bea men and ¢ man who should have the legal capacity to enter into aeotrat of warsans ‘his means tat both of thom must at lest be 18 years of age ae that they are not legally pobiited frm marying (2) Both of them must give cmeent tothe marviaee. Tether ‘ansent, not the consent of the parents tha is refered te Astle a0.FORMAL REQUISITES [ABSENCE OF LEGAL AUTHORITY OF THE SOLEMNIZING OFF! CER TO SOLEMNIZE MARRIAGE [ABSENCE OF MARRIAGE LICENSE Renders the marrage void except when the marriage is contractd with either or both parties believing in good fath at ‘the time af the marriage thatthe wlemniring offer had the legal authority do 20 RENDERS THE MARRIAGE VOID ‘A marriage coremony must publicly take piace under sad conditions but the marriage ceremony may be eoleaized elaewhere {ithe Salling caen: 1 In caso of marriages contract at the point of death (artiulo morte: 2 Incase of marieges in remote places: or In ease both partes request the eolemnizing ofcer in ‘writing to that eet. (Art. 8. PO) EFFECTSOF THE FOLLOWING: 1. Abenee of any of essential or fora raqusites 2 Defects in any of the essential requisites: and 3. regularity inthe formal resister REQUIREMENTS IF ANY OR BOTH OF THE CONTRACTING PARTIES ARE BETWEEN 16 AND 21 YEARS OLD AND IF ANY OR [BOTH ARE NOT EMANCIPATED BY MARRIAGE ‘Abscnce of Any of | Defocs im Any wy ta the he Esentistor | ofthe Raventia | Hreeslari Formal Requisves | " equsiias | Forma! Regisiter TW all render che| Testa andar] i chll aa alte the sarringe rsd a inno | she marrage vid | rabity ef che ernage fecept ss aa!=3 in| ahi as provided in| Sat 8 gary’ or purse Arie 02, [Arile 0" [regen or thee Examples 1. Lackeegaeapac |1. Lack of are]. Lack o at age 5 ofthe contact | tales spare. la. consent of af. 2 Lack of conuat of} pay is vir” ere sy ofthe patiss| tial Tp wt an nr Dairy = ck ot legal caper }4. Nomabeenee of te is Samp ‘There isa nae of consent tothe marrage tobe given, inthe order mentioned, by the father, the mother, the surviving pore ‘tuardian, or persons having legal charge of tur. ‘The consent shall bo manifisted in writing by the interested erty, who personally appears before th lal ev! rguiear, or {he form ofan adavit made in the presence of two winesec and attested before any official authorized by law to eminent. (an14, FO) REQUIREMENT IF ANY OF THE CONTRACTING PARTIES 1S [BETWEEN 21 AND 25 YEARS OLD ‘The party concerned shall be obliged to nak parental advice sn advice i nt obiained, orf uch edvice i not favorable, or if tne parent or guerdian concerned refuses to ive any advice, ‘no marriage license shall rae il sftr thre (3) reat lowing, the completion of publication of he application for marrage liom, (Ar 15, FO)EFFECT IF MARRIAGE IS CELEBRATED WITHIN THE THREE (@) MONTHS PERIOD ON THE BASIS OF A MARRIAGE LICENSE ISSUED IN VIOLATION OF THE SAID PERIOD. ‘Tre marviago is valid but the parties responsible of the leregulaity shall be ell, criminally and administratively liable, Inothor words, tho samo is treated merely as an irrogularty. (Art. 470) [AUTHORITY OF THE SOLEMNIZING OFFICER Marriagsssolemined by any person not legally authorized to porform marriages are aid unless gach marriages were contracted with either orboth pariesheieving in god faith that thesolemalzing ‘fcar had th legal authority todos. (Art. 352), FC) NOTE: 1. Uner the Family Code, mayors are excluded ftom the st of hove who are authorized to solemnize marriage, Tater, or under the New Loeel Government Code, the mayors are now authorized to soleranive marrige. (Se, ‘44 XVI, Local Government Code) 2 Any incumbent member of the Judiciary may solemnize ‘marriages within the courts jrieiction, 3. IF the marriage is celebrated by a priest, imam or rinistor of church, iia required that atleast ane of tbe contracting parties bolongs to the eolomnizing ofcer’s church or religious ect. (Art 72), FO) 4 Taemarriage shall bo solemnized publilyin thecbembars of tho judgo or im open eour, in the church, chapel or ‘temple, or inthe ofice ofthe consl-general, EXCEPT in cases of marriages in artculo morta, or whore both of tho partes request the solemnizing efcer in writing in which ‘ase the mursiago may be solemnized at a iouse or place designated by them in e warn statement to that aoc (are, FO) MARRIAGE LICENSE Withost a mariage lcmse, the mariage is void. But for lag a8 thee 5 & marriage Heense te immatera! i sega cr irrogularty obtained. The marrago is valid just the same bat the guilty partic shall be cil, criminally, 2nd administratively liable. Art 4, 3d par, FC) FORMALITIES OF MARRIAGE No praseribod form or religious rite for Uh slemlaaton of te marriage is required. It shall be necoaary, however, fr the ‘oniracting parties to appear personally before the solemnizing “oficer and delar n the presence of not less than two (2) witaeses flog age that thes take each ether as husband and wife, This ‘declaration shall be contained in the marrige eetieate which shal be signed by the contractiug parses and thir witnesses and attested by the solemniing cr. (Ar. 6, FC) ‘VOID AND VOIDABLE MARRIAGE ‘The distinctions between avoid and voldable mariage ato its concept and its effect ae allows: ‘Vold marriage Weis void ab into, Teta. ‘The marcage i valid nile old tom the very begin: | annulled Bing and therere a0 tnarrage legally exists, 2. The macrage can never | 2, ‘The marriage can be ratified Voldable marriage be rates, by fice cohabitation 5. No conjugal partnership |, There is eonjugel partner. ss created ship wales the mariage et. ‘ements provided otherwise. 4. There i so mood for a] 4. A judicial dacision in needed Judical declaration that | toannal the mariage. he marvage i void 5. "Tho validity of the mar-| 5 The validity ofthe marvinge riage may be attacked |” may not be "Hacked after fven alter the death of| one party die,« smetaoDueTIEN To LA © The status of children |G, The status of children bora ‘vor out marriages that |” out of vidable marriages: ste veld ab initio They |) Thowe coosived before a are legitimate. children ca sega Aecree of annuliment are Legitimate Children; Avice 54 of the Farlly Code which provides es] (2) Those conceived after a follows decree of annulment are Megitimate eiren. ‘Art. 54. Chinen com cved or Horm bare the Judgment. of annulment fF sbwolate malty of the ‘marrage under Article ‘36 has become final and ‘xecatory shell be consi ‘rod lgitimate, Children conceived or bor of the Subsequent merviage un dor Arie 9 shall Uke wise be legitimated WHAT MARRIAGES ARE VOID FROM THE BEGINNING? ‘Under Art 35 ofthe Family Coe, the illowing marrage ‘shall be void from the beginning: ™ (3) "Tose contracted by any party below cghten years of ge sve wi the coe 6 pareats ptdan () ‘Thx elena by any person ot oa authorised io Tetform ariget alec mariage wre contracted ‘thither orth erin hrngin pol fs tht te ‘Sten: afer bad the ep ethan edo (8) ‘Those solemn without lens, excep thos covered Eke precoding Chapter (4) Thove bigemous or peiygamous marriages wot falling under Arle 4 (8) Those contracted through mistake of one contracting rey a: tothe ideaity of tes other and (©) Those subsequent mariage (att aro void under Astle 88 WHAT ARE OTHER VOID MARRIAGES? The following marriages are wid 1. Void beeause of psychological incapacity "Art 96. A marrage contracted by any party who atthe ‘ume of the celebration, was payehologiclly incapacitated comply with the mental marital obligations of marriage, ‘hal rise be void even auch incapecty become manifest ‘only afer ite alemniztion” REPUBLIC OF THE PHIAPPINES vs. ‘COURT OF APPEALS. 198 SCRA 268. FACTS: On August 16, 1890, respondent Rovidl O. Molina filed = verified petition for declaration of samaimeat of er marrage to Reynaldo Malina. "The patition alleged that Rordel and Repusldo were married on April 14,1985, atthe San Agutin Church in Mane; that son, ‘Andro O. Molina was born: that ator a year of marriage, Resale showed signs of"immaturty and lresponabity ae a husband and 'fther since he preferred to spend tare the with his peers end fiends on whom be squandered his money; that he depended om his parents for id and assistance; and, was 2overhanest wth bis wife In regurd to their nance, resulting i frequent quarrels between ‘thom. That cometime in February 1966, eaynaldo wea reiivedcfhie jebis Manila, and sings then, Rodel had boone sols breeder ‘of the family; that im Oster 1965, the couple had a ery intense ‘quarrel, asa result of which heir rolaionship was eetranged: tht Jn March 1987, Rodel resigned from her jb in Manila and went to live with her parenia in Baguio; that afew weeks later, Reynaldn left Roridol and their child, and hed sine then abaadned them: ‘that Reynaldo had ths shown thet he was paychsorally incoptle of complying with esontal saartel obligations and was highly {mmeture and a habitually quarrelsome individual wi thought of hime as aking to be sorved: and that woeld be the couple's boat interest to have thir marsiage delared nll and roid in oer to free them from what appeared lobe am incompatible marrage fom the sar Reynaldo cdmittd that he and Rotide could no longer lve tayether as husband and wife, but con.ended thatthe misundestandings and frequent quarrels were doe to: (1) Roridel's strange chair of imsisting on aintining ber group of fund even after ‘heir marrige; (2) Haida’ refusal to perform some of her marital ution such a8 cooking meals; (8) and’ Rordel' fulure trun the Dhoasebold and hand!> thee Snances Diaring the pretrial on October 17, 190, the filling were stipulate: 1, That the pales herein ere loglly married on April 14, 1985 at the Chareh ofS, Augustine, Maul 2, Tha out of their marringo, a chilé named Albert Andre Olaviano Malina was born on July 29, 1986, ‘That the parties are separated {nat for more than three 4. That the petitioner is mot asin lg; "That the respondent isnot eskng for damages; end ‘That the common cil ofthe partis isin the custody of ‘he petitioner wie ‘Bvidenos for horein respondent wife cosistod of her own testimony and that of her fends Rosemarie Ventura and Maris Toonora Padila as wel a of Ruth G, Lalas, social worker and of Dr. Thoreita HidalgoSison, a yeychiatriat of the Bagulo Geral Hospital and Medica Center She also submitted do-aments marked tas Exhibits “A°to“B-1." Reyzaldo did not present any evidencs as hho appeared only during the pre-trial conference. On May 14,1991, the trial eourt rendered judgment declaring the marringe void. The appeal of petitioner was denied hy the Court cof Appeals Which firmed in foto ITC's decision, Hence, the present sappart for her and her ISSUE: In his petition, the Solicitor Genera insists thet “the Curt of Appeale made an erroneous and increet interpretation of the phate ‘psychological incapacity’ (as provided under Art. 36 ofthe Family Code), and made an incorrect application thereof to the fact ofthe caso" adding that th appealed decison tended “wo establish In effet tho moet liberal divorce procoZare In the orld which i ‘tnathema to ourealtare™ In denying the Solicitor General's sppeal the respondent Court relied heavily on the trial cours findings “thatthe marriage between the partiesbrokeupecauseof tei opposingandconfictng poreanalites” Then t added it owm opinion that “the Civil Code Revision Committoo (hrsinefterrefored to as the Commits) {ntended to Uberalize the application of our ivi laws on personal find faaly rights xxx" Iv cooduded that. ‘Aso ground fur aanuimentof mariage, we view peyhelogical ‘incapacity as broad range of mental and behavioral condcct on the pert ofinreconelable differences” and “onictng personalities” in no wi constitutes pryhologcal incapecity. It isnot enough to prove thet the partie filed to moot thr responses and luce a marred persons; it asontiel that Dey mat be shown tbe incapable of doing e, due to some peyshslgial (ot physica) Mines. ‘The evidence adduced by respondent merely chowed that she snd her husband could not got along with each other. There had oan no shoving ofthe gravity of the pbicm nether its judicial sntacedonce nor its incurability. The expert tastimony of Dr. Sao Showed no incurable peyehiatric disorder but only ineompatbity. courr Q— It i therefore the recommendation of the paychistrist ‘besed on your findings tht itis beter forthe Court to ‘zal (sic) the marziage? A— Yes, Your Honor. (@~ Therois no hope forthe marriage? A There it no hope, the man is lao living with snothor QI it leo the stand of the peychiatrst thatthe partion are peycholopically unfit for each other but they are psychologically ft with the ther parties? A Yes, Your Honue. Q— Neither are they pychologically unfit fr their profereons? A Yes, Your Honor. 'm tho ease of feymald, there is no showing hats allaged personality tent. were constalive "" peychlogeal sacapesty” "NTRODUCTION To LAR xing at the tine of mariage celebration. While some effort. nid vet hee use oh penal improsions of house ad genlenes “Ov ep tagoet an of bing “conservative, homely aad inteligen oo the aot Revd such fre of expectation no india of ostoot pocologilFsapecty It alt marly tas las Mindset the foe and blemishes he doe alae 2 Void because of peychologial incapacity “Art 98.A mariage ntact by any pry, who he Line of th edraton, was pylon epee te empl it ah nal ma gain mags Sal haribo wi even uch nepal Hosen only after its solemnization.” me ‘“ 8. Void because of incestuous relationship ‘Art 37. Marriages betmoon tho following ere incestuous ‘and veid frum the begining, whether the relationship betwen the parties e legitimate or lett 1 Betwoonasendont and descendant of ny degree 2 Between brothers and sators, whether ofthe fll or leben, 8. Void for reasons of public policy At. 88. The flowing marriages shall be void from the beginning for reasons of public ply 41. Betwoon cillaeral blood relatives, whether legit ‘ate orilegitimate, upto the fourth evil degree: 2 Betweon step parents and stopetildron; 3. Between parent-n-law snd children‘invtew; ‘4 Between th adopting parent and the adopted child 6 Betwoen the surviving spouse of adopting parent and the adopted cid Between the surviving spouse oft and th adopter, doptod child AND SATURE OF MARINE 1. Betwoon an adopted child an logitimase child of the adopter, 8. Botwoon adopted ehldren ofthe samme adopter and 8. Between parties whore one, with the intenon to marry the other, illed that other pesson'sepsase, or his or her own spouse. Question ~ Is there « need to file an action for declare ton of nullity ofthe maid marriage? Anewer — Yes. Question — Is there a prescriptive period within which said action shall be filed?” Answer ~ The action for declaration of mulity ofthe mariage ‘under Article 36 of the Family Code aballproseribe in ten (10) years ier ita colebretian. Ta athe instances, the action or defense fr the Aeclaratio of abeatutenality abel nt preseibe, Question ~ What is voldable marriage? Answer A voideblo marziage is one which le valid nti it ‘is annulled for any ofthe lowing eases, exiting a the tie of he marrage: 1. -NOAGE REQUIREMENT — That the party in wheeo behalf its sought to have the marriage ened was sigintaen (18) years of ago or over but below tenty-ene (21)and he marriage was tolemniaed without the consent ‘of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one (2), such perty ‘rely coated with Ue other and both ved togethers Irarband and wil, 2. UNSOUND MIND — That either party was of unsound ‘ind, unles such party after coming to reason, frealy ‘ohabited withthe other as husband and wife, 8. FRAUD — That the content of cithor party was ‘obtained by fraud, unless such party aerwards, with fall knowledge of the facta constituting the frau, freely ‘ahabited with the other aa husband and wifeFORCE, INTIMIDATION, ANDUNDUEINFLUENCE, ‘Gulnat the consent either party was stained by foc, intimation or unduo influence, unless he sme hang fsappears ar essed, such party thereaher freely ‘oabited with the other ax husbaad and wis IMPOTENCE — That cather erty wes physically incapeble of consummating the marrage with the ther, nd such ineepacty continues and eppes to he incurable 8 SEXUALLY-TRANSMISSIBLE DISEASE — Th ther party was aici with a sexcally-trenamisaile Aisease fod tobe serious and appears to be incurable " ESSENTIAL REQUISITES; (D LEGAL CAPACITY, and (2) CONSENT FREELY GIVEN LEGAL CAPACITY his means thit the parties must have the necessary age snd that thoe sist be no impediment caused by «pron eueting ‘aria ory a certain relationship, wher on coco eatin, cr eonsanguinity. RULES TO REMEMBER (2) Marne g ithe ml or fete shall bo years or upwards. (Art. 5, FC) * 2) Alter or both ofthe contracting parties (no ha been emancipted ty previous marriage) are between 73 ond of ar ld, here mut he consent to the marae bye athe, ‘othr, surviving paren or gardan or person heving lege charge ofthem, nthe oer mentoned (Art 12,PO) (3) Any contracting party betooen the age of 24 and 26 shalt ‘blige to oak thir parents or guaran for dvice, or if be unfavorable, the marriage Hconse shall not bo igved tl ees {hee (8) months following the completion of the publisation of fz pplication thorefre (Art 15, PC) {© proce paral lei nao, thre snl be ete that he onecting pant nee ‘marriage counselling, Failure to attach certfente of mervinge coun lng shall suspend the completion ofthe publiaton of the appl atom (Are 18, PC) (8). Marriage celebroted without the required leone, excopt ‘when otnerise provided by law like marrage in articu!o morts, ‘Tall bo mall and void. (Art. 358), FO) (©) Nrriage contracted by any party Below 18 years of age, van with parental consent, shall be all and vd (Art. 3601), FO) ‘CONSENT FREELY GIVEN ‘The cungont referred tin Artcl 2 ofthe Family Code refers to the consent ofthe contracting partes there is no consent r when ‘the peries do not have the intention tobe bound, the marsage is ‘oid If there is conrent, bat thare was error, aud, intimidation or fore, the marriage ir eldable (Art 45, C) WHAT CONSTITUTES FRAUD AS A GROUND FOR ANNULMENT (OF MARRIAGE? Article 46 of the Family Code anawers this question, It provides follows (1) Non-isclosure of previous conviction by fina jude ment ofthe other party ofa erime involving mural tariade; (2) Concealment by tho wife ofthe fact that atthe Wine of the marriage she was pregnant by a man other than her husband (@ Concealment of sexually transmissible disease, regardles oft nature, exiting at the time of Use marrage; ot @) Concealment of drug addiction, habitual alesbaisma or homesewaalityo lesbianism atthe time of the marriage, [No other misreprosentation or dccts ws to character, health, rank, frtune ar chastity shall constitta such fraud as wil give froubde for ction forthe annulment of marriage. EFFECTS OF ANNULMENT OF VOIDABLE MARRIAGE thas four effets namely: () WITH RESPECT TO EDUCATION AND SUPPORT The court shall provide for thir edition and napport. (Art. 40, FO(2) WITH RESPECT TO CUSTODY OF CHILDREN — ‘The custy ofthe cilren ie provided fr ax the onurt dnvrna beck (an 49, FC) (3) WITH RESPECT TO ATTORNEYS FEES AND LITIGATION EXPENSES — They are taken fromm the commenty, reper, ifthe ation is aueoes. Ar 90, CC) ( WITH RESPECT 70 THE GUUTY PARTY — are assewsed against the guilty partyin ease of anmulnent due (9) Leck authority ofthe solemnizing officer conosaled ‘rom one party, (©) Conceatment of impotence, oF of «prior maria i are; (© Concealment of incastuous relationship or of quasi- ‘ncetuoas dloqualifieation under Article 5; (@) Knowledge of insanity of oe party. (Art. 91) ‘STATUS OF CHILDREN BORN-OUT OF MARRIAGES AB INITIO They ar illegitimate children except a provided under Article {54 ofthe Family Code which provides as flows Art. 64, Children concsvod or born before the judgment of naument or absolute nality of the mersiage wader Article 88 ‘has become final and executor shall be considered legitimate, ildren conceived or born of the subeaquent mariage under ‘Atle 53 shall kewise be legitimate, ‘STATUS OF CHILDREN BORN OUT OF VOIDABLE MARRIAGES It depends, Thase conceived BEFORE an appealable decree of annulment are legitimate children. Tboee conceived AFTER. nach ocre of annulment are legitimate children. RESTRICTIONS AND PRECAUTIONS TO BE OBSERVED BY THE ‘COURT IN ISSUING THE DECREE OF ANNULMENT ‘Art. 48. In all eases of annulment or declaration of absolute ality of mersiage, the court shal order the prosecuting attorney or ‘seal asigned ti to appear on behalf ofthe stata ta take stone te prevent ellusion between the partes and totale [Shot fabricated or suppres. fe that evidence ‘nal eaes referred to inthe preceding paragraph, nojadgment shal be based pon stipulation “facts or santas of dginet, CAPACITY AND RIGHT TO RE MARRY UNDER ARTICLE 26 OF HE eWviL CODE ‘REPUBLIC OF THE PHILIPPINES vs. CIPRIANO ORBECIDO Tt GR. No, 154380, Oct. 5, 2005 FACTS: Cipriano Ortnid Tt married Lady Myron M. Vilanzra on May 4, 1981, Onamit City They ar ese wih oan 8 Sight in wie lf ha US wt hit. fw year ltr Can cred at hs with ben earaliced 1B'ts Aretcen cnn: Mach late, Gian oad om hs son {bat ew ctaned «ore dcr snd shear eran innocent ey Tt at eto ott careda est ruare igea oneacnareteaamtsas Soot eens Sheet arcmin! Bo i {057 cntntons (2) That paragraph 2 of Arie 25 te Family Code is not applicable to the instent case because it aly applies to 2 marrage celebrated batween Filipino citizen and an ‘lien (the proper remedy is oie a petition fer annulment ar fr logel sparetion; (3) that there leno Taw that governs respondent's situation Respondent admits that Article 26 is not diretly applicable to his caso bat inst that when is asturaliged alien wife obtained a Aivoree which eapacitated her io remarry, he is likewise expacitated by operation af law purauant to Section 12, Article Il of the Coneitation,ss rmopveriox re zawe HELD: Records of the proceedings ofthe Family Code deliberations showed that the intent of Paragraph 2 of Article 26, ecording to Judge Alicia SempioDiy, a member of ty Civil Cale Revision Committe, is ts avoid the absurd situation where the Filipina ‘spouse reraizs marved to ‘he ali spouse who, aber obtaining a Airore, sno longer marie to the Flipine epoune Interestingly, Paragraph 2 of Article 26 traces ts le 26 trace its origi to the 1986 case of Von Dorm v. Ramil, J, (No. 68470, 8 Oct. 1986, 139 SCRA 129), The Van Dorn caso involved a martiage between, 4 Blrino citizen and a foreigner. The Court held therin that ivrce decree validly obtained hy Ube sien spouse ie vali inthe Philippines, and consequently, the Filipino spease is cupactated to remarry under Philippine law Doss the same principle apply toa casa where atthe time ofthe (alebation ofthe mariage the parties were Pipino citiens, but later on, one of them obtains afrcgn etizenship by naturalization? ‘in jripradentl anv lao the 198 cant Qu 5 Gt depne (6 Ne 902 Deer 168 9 Se 4201 In Qt he prin wry in ise, Has ek ‘he thay go muro, The wis bine ¢saarled Aces Suita in 06 nd obo deen boca ya Th Ce {ern hata by way of eer dictum, Unto Bgos dere Steg ey fe a Seabee nae ‘Thus, aking nt cnsdertion the legislative intent end Biying tho ral reson, Uh Court blll hat Paragraph 2 of A {he ahead cuss avlvng eter boo sanclon abeurdiy and inustien, Where te ntarpretaion Statute according tots exact an taral import would lad foie, shicrous results cr contravene th est parpacf the leita shouldbe constrad ccrding lotsa and reason, deen far a necosary the ltr ofthe a A sate may theres extended canes not within the Sterel meaning ots eres, toon ‘5 they come within i pit or ita. 1g (che Court} was] to give meaning tothe legislative intent to avoid the sbourd situation whare the Filipino spate remains mar- ‘Hed to the alien apouse who, after abtaining a divoree is no longer [noried to the Filipina spouse, then the instant ease must be deomed fs coming withir the contemplation of Paragraph 2 Article 2. Tein elements for the application of Paragraph 2 of Article 26, —In view of the rogoing, we state th twin elements forthe ‘ppliation of Paragraph 2, Atila 26 as follows: 1, ‘There is a valid mariage that has boon celebrated betmeon a Pilipino citizen and a foreigner 2. A valid diver is obtsined sbrocd by the alicn spouse fapacitating him or her to remarry. ‘The reckoning paint is not the ctizonship of the parties at the time ofthe celebration ofthe marrage, but their citizenship fat the time a valid divors is abtained abroad by the alien spouse ‘apaciating the latter to reaary. In this ease, when Ciprianos wife was naturalized ax en Amo ricencltizen, there wasetll valid marrage that haabeen clebrated brtween her and Ciprian. As fate would have it, the naturalized lien wife subsoquenty obtained a valid divorce expaciating her to ‘emarry. Cleary, hota requis forthe application of Paragraph 2 et Avile 26 are both proven i this ease, Thus, Cipriane, Ube “civoreed” Filipino spouse should be allowed to remarry. (Te Court] fie] also unable to austin the OSG’ theory that ‘the proyer remedy ofthe Filipizo spouso isto file either petition for danilment or a petition for legal separation. Annulment sould bea long wd tedious process, and in ais partcalar ease, not even feasible, considering thst the mariage ofthe partes nppoars Lo have all the badgoe of validity. On the wher hard, lgal seperation trould not be sufiient remedy for it would not sever the marriage Ties hence, the legally separated Filipino posse would ail remsin Inarried to the naturalized allen spouse Competent evidence of svnee deores and naturalization of seit; Foreign law allowing divorce. However, [te Court} nats] ‘thatthe record are bereft of competent evidence duly submitted by respondent concerning th aivore deeroe and the naturalization of| Fespondent’ wif. It is setled rile that one who alloges a fact has the burden of proving tend mere allegution ts not evidence.Accordingly, for his p28 to prosper, respondent herein must rote his allegation thet his wife‘was aairalzed ae an American ize, Likewive, befory a fren divore decree eam be recngnied by our own courts, the party pleading ft must. prove the divorce ‘cree as a fact and demonstr's is ctaformity to the frig lw allowing i. Such foreign Taw must lao be proved aa our carts cannot take judicial notice of frei ws, Like anyother fay ouch lave must be alleged and proved. Furthermore, respondent st also show tht ho divorce decree allows his former wife ta remarry ‘specifically required i Article 26. Otherwise, thero would be no evidence wit fo declare that be is capaciated to enter into ‘another marriage, Nevertheless, [the Court {is} unanimous in our hong that paragraph 2 of Artilo 26 ofthe Family Code (2.0. No. 202, a8 ‘mended by £0 No, 227, shouldbe interpreted to allow a Pilipino eitiaen, who hasbeen divorced by a spouse who nd ecqured foreign cizenthip and remarried, als to Temarty. However, cousidering ‘hatin the present pation thee io slcen evidence sulbod ‘ad on record, we are unable to dear, based on respondent's bare allegations that his wif, who wasnaturlinedasian American citizen, Jned obtained'a divarce decree and had remarried at American, that respondent is now expactated to remany. Such derlaration ould only be made properly upon respondents submission of the frecited evidence inhi favor, ‘The petition by tho Republi ofthe Philippines is GRANTED, ‘The arailed Decision dated May 15, 2002, and Resolution dated ‘oly 4, 2002, of the Regional Til Court of Nave, Zamboanga del ‘Sur, Branch 3, are hereby SET ASIDE. LEGAL SEPARATION InTRooucTION ln the Philpine, we donot have abu ior (ore & ‘ineulomatriman’). Wecaly have oatve divorce or loge seperation (aivorce mensa ef thor). In abode dvere, the rareage it Sissolved snd the partis caa remarry. In relative divorce or legal Separation, however, the marriage bond isnot diasulved and the pari ae at etd to roman Tne he parti are mere ‘separated from bed and board. * couarran vt @ (GROUNDS FOR LEGAL SEPARATION ‘There are ton (10) grounds fr legs separation under Arile 6 of the Family Code, to wi (1) Repeated physice! violence ar grossly abusive couduct Airected against th poiioner, common child, ofa child ofthe petitioner, (@) Physical violence or moral prosture to compel the ‘etitioner to change religous or poltieal afliation; (9) Attempt of rspondent to corrupt or induce the petitions, ft common eld, of @ euld of the petitioner, to engage fn prostitution, or connivance in such corruption oF Inducements 4) Final judgment sentencing the raspandent to imprison ment af more than six (6) your, oven if pardoned (8) Drug addition or habitual slesholism of the respondent; (6) Lesbianises ur homosexuality ofthe respondent; (1 Contracting bythe respondent ofa rubuequent bigamous ‘marriage, whether in th Philippines or abroad (8) Sexual infidelity or perversion; (©) Attempt by the respondent agaiast the life of the pattioner; or (10) Abandoement of petitioner by respondent without jasti- ‘able car for more tha ene year. For purpose of this Article, the term “child” shall include child by suture or by adoption. Under Arle 97 of the Civil Coe, ‘here ate only two 2) grounds for legal separation, nemely: (1) Far adultery onthe part ofthe wife an for concubinage tn the part ofthe husband as defined in the Penal Code (2) Amattempt hy one epouse against the ip of the other. WITHIN WHAT TIME SHOULD AN ACTION FOR LEGAL SEPARA- TON BE FILED? Artiste 67 ofthe Family Code provide that an action for legal separation shall be filed within Sve (8) ars from Use te of tao reurrence of the causeropery. The administrator appointed by the court shall have the same powers and duties as those of m guardian under the Rules of Court [EFFECTS DURING PENDENCY OF LEGAL SEPARATION (ART. 48, Fo) Daringthe pendency ofthe ation andin theabsenceofedoquate Drovsins ia a writen agreement between Use spouses te Court shall provide for the support ofthe spouses and the custody and supper of their common cilen. The Court shall ive paraizount consideration tthe maral and material welfare of sad chdren and their choi of th parent with wh they wish oretmaia a provided {or in Tile XK shall iso provdo for appropriate visitation righte ofthe other parent EFFECTS OF THE DECREE OF LEGAL SEPARATION (ART. 63, FC) 1, The spouses shal be entitled to ive separately fom each ‘tbe, but the mariage bonds thal ot be svere. 2. "The abssute community or the conjugal pertnership hall be dsslved and tiguidated ut the olleding spouse shall Ihave no right to any share of the net profits earaed fy th swale cammunity or the conjugal partnership, which sball be freien sceordance wit the provisions of Article 4(3). 3. "The ested of the minor children shall be awarded to the innocent spouse, abject to the provisions of Artile 215 ofthe] Code, 4 The fended spouse shall be diqualie irom inheriting from the ianeeent sprise hy ‘ntetate question, Moreover, roviion in favor ofthe offending spouse made in th wil of the Amnocent spouse shall be retake by operation of law. EFFECTS DURING THE PROCEEDING FOR LEGAL SEPARATION (OR OF ANNULLMENT OF MARRIAGE Daring the procedings or lag eeparaion or for annulment of ‘marviage, and fer declaration of malty of marriage, the apoanes tnd thelr eilren shal be supported from the properties of the sbenlte omanunity othe conjugal partnership. (rt. 98, Jet par) After the foal judgment granting th petition the obligation ‘of mutual support between the spouses ceases, However, incase af legal separtion. the court may order thatthe gulty spouse shall {v0 mupport ro the inmcont ene, specifying the arms of wach err. (art 198, 2nd pars PARENTAL AUTHORITY IS EXERCISED SY THE PARENT DESIG- NATED BY THE COURT (ART. 213, FC) Incase of separation of the parents, parental authority shall, ‘be aise by the paron* designated by the Court. The Court shall take into acount all relevant rousderations, expecially tho chice or the child over seven (7) years of ago, ualaes the parent chosen, is tf EFFECT OF RECONCILIATION OF THE PARTIES (ARTS. 65 AND 6, FC) 1 the spouses should reconcile, a corresponding. joint ‘manifestation under oath duly signed hy thom shall led with ‘the eourt in the eame prouoidings fr Iya separation. (Ae 5) ‘The reconciliation rfarrd to in the preceding Article shall have the fellowing consaguences (The legal soparation proceeding, if sill ending, chal! ‘hereby be terminated at whatever stage, (2) The final decre of log separation shall be ott aside, bout the separation of property end any freitare ofthe share of ‘he guilty spouse already effected shall subsist, Unless the spouses sree to revive ther orm property regime. "The ers order containing the forego shall bo recorded in the proper civil rests IN CASE OF BREACH OF MUTUAL OBLIGATION OR MUTUAL HELP AND SUPPORT (1) Ameeton or support may be filed, (2) _An action far civership, separation of property or for ‘udministation hy the wife may be fled im ease of desertion by the usband. (9) Jail admonition and other measures may be taken by the court. However, the court cannot cmap echabitation|N CASE OF BREACH OF MUTUAL OBLIGATION TO OBSERVE RESPECT AND FIDELITY (0) A petition for egal separation maybe led. (@) The convctad spouse shal ore his or her right to support. (8) The iy spouse shall be disinheited, (The guity spouse shall nat be capable to sacceed. “Art 198. fa spouse without just cause abandons the other or fas to comply with his oF her obligations to the family, the sgzrioved spouse may petition the court for receivership, for judicial "separation of propery, or far authority tobe the ala adeinisrator ofthe conjugal parsership property, sujet ta such precautionary conditions as the court my impose ‘The obligations to the family mentioned in the preceding paragraph velar tomarital, arent), r property relations Aspouseis dsmed to have bandoned the ster when he ocho lof th conjugal delling without intention of returning Tho spouse ‘who as le the conjugal dwelling for a period of three months or ‘nas led within the same period to give any information net his or ‘her wheresbouts shall bo prima fale presumed to have no inten of returning tothe conjagal dwelling” [AS REGARDS THE OBLIGATION OF THE SPOUSE TO LIVE TOGETHER 1. Thespouse who leaves the conjgal home or rausestlive thereis without jus cause shal ct have the right to be supported. (are) 2. When the consent of ane spouse to any transaction of the ‘other ie required bylaw, judicial authorization shall be etained in 4 summary proceeding (Art. 12772) 3. _Intheabeence of ulicent conjugal partnership property, he separate property ofboth spouses shal be slidarily able for he suppor of te family. The spouse present shal, upon petition ix 1 summary proceeding, be given judicial authority to administer or ‘encumber any speifesoparate property of th ther spouse and use ‘he fruits or prosnds thereat o wait the laters share — Con AND NATURE OF MARRIAGE ™ [ABSOLUTE DIVORCE ‘Question — Do we have absolute divorce in the Philippines? Answer — We do not have abvlute divorce in tho Philippines. ‘Muslin divorce was previously declared valid and recognized tndet ‘Republic Act No. $84 hut this law is valid only fora period of twenty (28) years from June 18, 1940. ‘Therefore, actions for absolute divorce between Filipinos or between foreigners or between Filipina and « foreigner wil not prosper in the Philippine evar, Isai ection ia brought in. foreign four by a foreigner nnd the same ia granted, the frei cours has Jristiction to grant the abeoste divarce and provided farther that uid divore is recognized as valid secarding to the national law of tho patios. If sid action ie brought in u frcign country by a Fipino citizen, the asme ren if granted, will not be recogized in te Philippines ‘CONJUGAL PARTNERSHIP OF GAINS Article 108 of the Family Code defines conjugal partnership of gina a fellow: Under the regime of conjugal partnership of gang, the husband sand wife plco in a common fond the proceds, products, fits land income from thelr separate properties, and these acquired by tither or hath spouses though their efforts or by chance, and, upon dissolution of the marriage ar ofthe partnership, the net gains or bonefits obtained by ether or both spouse shall be divided squally ‘etween them, unlets otherwise agred inthe marrage estlements, DEFINITION OF PARAPHERNAL PROPERTY Ar, 109, Tho fllowing shall be the exclusive property ofeach (1) That which io brought ta the marrige as his or her owns (@ That which each requires during the marriage by rratutous tte: (@) ‘That which is asquired by right of redemption, by barter ‘or by exchange with property belonging to enly of the Spouter and (That which is purchased with exclusive money of tho wife orof the husband,ereopucTION TOLAW RIGHTS AND OBLIGATIONS BETWEEN THUSBAND AND Wit Question — What are the dts of Husband aud Wife? Answer — Thay are obliga (1) Totvetogetber, (@) Toobserve mut] respect and Sielty; and (8) Torender mutual help and support. ‘SCOPE OF DUTY TO LIVE TOGETHER ‘The husband snd the wife have aright olive tagether and thie Includes ehebittion and aerul intrcouree. With tne enectment of [Republic Act No, 8959 otherwise known as Ant-Rape Law of 1997, s bueband may be held line for the rape of his wile. However the subsequent forgiveneas by the wifp ahall extinguish the crninal laity excopt when the marriage is wid ab ini. MUTUAL RESPECT AND FIDELITY ‘Mataal respect simply moans that each sll respect the other. ‘Thay can disngree or repeimand each other bat ie urinal for {hem to inflict force or physical ham, EXCRPT when either of them SURPRISES the othor in th act of committing sexual Intercourse with another person. ven under thin situation, Article 247 of the ‘Revised Penal Code irspoor a penalty of desir te the gulty Infidelity, on the other hand ie «ground for legs separation ‘or disinheritance under Articles 558) and 69/4) of the Fumly Code MUTUAL HELP AND SUPPORT “HRasband doesnot marry his wife to make the ater his slave and vieo-versa. They should help sid support each other within their available resources end toe to it that they asset each ober inthe rearing oftheir dldren for ive efficiency and development of maral characte. pause is a justffing dreumatance provided the other repisites ‘Under Article 11 ofthe Revised Penal Code, defense of the therein are present. MUSBAND'S RIGHT TO FIX RESIDENCE. As a ele, the husband sal ix the residence of the family However, tho wife may establish a separate residence IP 1. The husband maltrets her or gry insults he, 2. ‘The husband contineousiy refuses to rupport her; 8. Too husband is immoderate or barbarie in his demands for sexual inoreourse, 4. The wifes virtually driven out of the conjugal home by the Busband: and 5, ‘Tae husband continually indulgéin elt relations with ‘another woman, ‘CAN THE WiFC ACQUIRE ANY PROPERTY BY GRATUITOUS TITLE? ‘The wife cannot, without the husbands consent, acquire any property by gratuitous ttle EXCEPT from her aacendanta, oscondante, parent inlaw and cllatera relative within tho fours ‘ogres, WHAT IS A MARRIAGE SETTLEMENT? It is an antosnupial contract entered into by the prospective spouses for the parpose offing the conditions with respect to Orel present and fue property \WHO ARE THE PARTIES TO A MARRIAGE SETTLEMENT? ‘Te depends Ifthe fature spouse ae of age, they are the parties ‘to tho marriage tetlement fone or bth of the spouses are anor (ander 21, the partica ar: (1) The future spouses oven ifthey are minors; (@) The parent or guardian; and (8) The femily counel if there is no guardian or parent [SYSTEMS THAT MAY BE ADOPTED BY THE PARTIES TO GOVERN ‘THEIR PROPERTY RELATIONS. A. Absolute Community (2) Present and future property (with certain exceptions) ie tobe owned in common,2). kapenses are borne by the common property B, Relative Community of Gains (Conjugal Partnership) (0) Proaent property continues tobe owned by tho respective (©) Futuro property is separate if acquired gratuitously, bat common if acquired Dy onerous tele at the community's ‘expenses and (©) Fruita and earnings are comme, ©. Absolute Separati (Q) Present and fture property is omed by the holder oF sere. (2) Fruits areseparataly ownod by the owner afthe producing roparty. (@) Family expenses aro contributed by each spouse according ‘tw sipalation orn peopetion to their respective incor, D._ Dotal Systomm Dowry) (0) Property ofthe wife ie managed by the husband during the mariage, (2) rita go ts the husband, (2) Brpenes are borne by the husband. (4) Upon cosstion of common if, the property is returned. WHAT SYSTEMS GOVERN? ‘Art 74.The property relations between husband 2nd wie ‘hall be governed in the fllowing order" () By marriage settlements exeeated befiro the marriage; (2) By the provisions ofthis Cade; and @ By theloet custom, ‘CoNHPT ax NATURE OF MARIA |i THE ABSENCE OF MARRIAGE SETTLEMENT, OR WHEN THE AGREED REGIME 18 VOID, WHAT COVERNS THE PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE? ‘The system of abgolute community of property as establishes by the Family Code shall govern, (rt. 75, FC) Art. 76. Tho fatare spouses may, in the martage settlements, agreo upon the regime of absolute coma nity, conjugal partnership of gana, complete separation ‘ot property, or aay athe rogime, In the abeence of a inar- "age settlement, or when the regan agreed pen ie ved, ‘he eystom of absolute community or property aa estab lished in this code shall govern, Art. 76, In order that any modification in the mar- ig setlements may be vali t mort be made before ‘the celebration of the marriage, subject tothe provisions of Articles 66,67, 128, 186 and 136 ‘Art 77. The marviage settlements and any modis- ‘ation thersot shall be in writing, signed by the parses land executed before the ealabation of the marriage, ‘They shall not prejudice third persone unless they are rogistored inthe local evil repttry where the marriage Cantract is recorded aswell arn the proper regatris of property ‘CONCEPT OF DONATION PROPTER NUPTIAS Propternupties (Gonations by reason of marriage) az those ‘wich are made before its celebration, in consderaion of the same And in favor of one or both of the tue spo REQUISITES OF DONATION PROPTER NUPTIAS ‘The donation must be made: (1) Belore the marriages (2) In favor of either spouses or both an (@ Inconsideraton (by reason) of the marriageDISTINCTION BETWEEN DONATION PROPTER NUPTIAS AND ‘ORDINARY DONATION Propter Nuptiag| Ordinary Donation 1 Acceplanen isnot require. | 1. Acceptance is required 2, Thefature spouses cannot | 2. The donor can give not sive more thas 15 oftheir | "more then what he ean ve resent property. (Ar 80) | yw, Te can include future Property. (Art. 86) () The marriage dooe not tae place. (@ Tho marrage ie an- alld due to the bad faith ofthe donee (@ There ie tegad separation due to the {alt ofthe donee, (©) Leck of required parental consent to ‘he marrage (© Goremed by Statsreof Fraud TK cannot inelude future property. The donor need not free the property unless the donation ix omer, 5. The donation may be ro voked for the following rea: (a) Breach of conditions (©) Ingrattude (©. Appearance of children, RICHTS AND OBLIGATIONS BETWEEN HUSBAND ‘AND WIFE COMMON TO HUSBAND AND WIFE. ‘rt, 69. — The husband and the wife shal i the family mice. Incase of disagreement, "he sour shall decide, ‘Art 70, — The spouses are jointly rexponsible for the suppor ofthe fem. The expense fr such support fand oter conjugal cblgations shall be peld from the ‘cmmunity property and, im he absence there, fom ‘he income ce frit of their separate properties. In ‘tte of faeufclncy or sbeence of said income or rite, Such cbligetions shall be taished frum thelr separate properties Art 72. — When one of the spouses negli his or ther duties tothe conjugal enim or commits acta which tend to Bring danger, dishonor or injury tothe other or tothe family, the aggrieved party ray apply tothe court far rise Art. 79. Bither spouse may exercige any logitimate profession, oecupaion, business ar activity without the fonaent ofthe other. The latter may objet only on vali, ‘erous, and moral grounds In case of disagrosment, the court shall decide whether (0) The objection is proper; and (@) Benefit hes scerad tothe family prior tothe objection or ‘thereaer the beneft has accruad prior ta the obeton, ‘the resulting obligation shall be enforced against the Separate property ofthe epouse who hae not obtained ‘The foregoing provisions shall not prejudice the rights of creditors who acted in good fit, ‘Art, 68. — Th husband and wie are obliged to ive gether observe mutual love, respect and deity, and render mutual bap, and support ‘OLIVE TOGETHER ‘Thies both a duty and a right. This includes cobabitationconsortium and sexsai tercourse, If there is however, a segs ‘aration, there is na mare ty to have sexual sere, WIFE WAY ESTABLISH A SEPARATE DOMICILE Te Wife may establish «separate domicile in the flowing (1) Ifthe husbend maltreats ber. (Avrovo vt. Vosquer de Arroyo, 42 Phi 54) (It the husband grossly ineults her. (Talons vs. Wits, (CAI35 0.6. 1380) (® Tethe husbond is immoderste or barbaric in his demands for sexual intercourse. (Geta os, Campos: ued 36 Pe 253) (4) Hf the husband continuously indulges in ile relations prith another ven f the concubine or concubines ane ot brought into the marital bode, (Dadian ut Valores BaP hi oa) (5) If the hosband refuses to support the finily or ontinuoualy eanbles, Pansncio ts: Sula, [CAI 34 0.6 ona) (®) Ifthe hasband insets on living with his own parent. (Del Rosario vs. Del Rosario, CA 4600 0.8 6120) (Dobos virtaaty driven out oftheir hore by her husband tnd she fs threstned with violence if she shut rotare (Gara vs, Santiago end Santiag, 63 Phil 952) OTHER CONSEQUENCES OF MARRIAGE (2) 4 husband snd wie can chastise or reprimand each other ‘but may not intt fore eacept when either niches the oles ee ct of seal intercourse with another (AVE. 247, RPG (2) Marriage emancipaios a person from parental authority ‘sto person. nora wife for or againet her bend withost his consent, except ina civil case by ont again the other at Siinal cas for w crime committed by tn aguina the eines on 2006) Rute 190) (The tudo the wile, drag thn arsine afterwards, not be examined wihost the wnwent of to eter ‘o any communication received in confidence by one frou the other | uring the mareags. (See. 216), Rale 190) soqires his (9) A Filipino woman whe marie an alien seq ‘atonaliy if 0 promded by her husbants laws. (Commontseal, ‘et No. 63) foreign become 2 (8) foreign woman who marries a Pilipino may pio proved su bara nay belly astarled. See 16 Conmonsealth det No. 49)Chapter ix PROPERTY PROPERTY DEFINED "Things which are or may be the object of appropriation are considered a propery. Tae word “thing” is broader than the concept of property. More specifically, property refers to things which are zussptible to appropriation and already possessed and found in ‘the posession of men. Things are those eame ejects before their appropriation by man, The stare and the planets are incloded in the concept of "things" but snes they cant be appropriated, ey cannot be considered property. PRINCIPAL CLASSIFICATION OF PROPERTY Under the New Civil Code, property may ether be: (1) Immov se or real property; or (2) Movable or personal property CLASSIFICATION OF REAL OR IMMOVANBLE PROPERTIES. 1. Real property by nature — Tuose which by thle very stare are immovable, Le, (alan buling, oeds and construction of all Kinds aabered to the ei and (b) mines, quarries, and slug dumps, while the matter thoreo forms part ofthe bed, tad waters cether running or stegnant. 2. Real property by incorporation ~ Those wich are tached toan immovable ina fed manner (ie, bulding (e) Buildings, roids and construction of all kinds adhered tothe sl {by ‘Trees plants, and growing fults, while they are attached tothe land or form an integral part of an immovable; (o_Bverything attached o an immovable jn fixed man ‘be: such a way that iv eannot be separate there= fom without breaking the materi! <= deterioration of the object (@ Statues, relies, paintings, o other cbjests for use oF ‘ornamentation, placed in bulliags or on lands by the owner ofthe immovable sich «manner thet it evels the intention to atach them permanently to ‘he tenements 3. Real property by destination or purpose — thove sitached to an iuimovabe in such a manner that they consitute an Hoe! identity te, machinery usod in acement plan) (a) Staves, relief, paintings, or othor objects for use or frnementation, placed in buildings oF om lands by {he owner of th immovable in auch a manner that it evel the intention to attach them permanently to the tenements (©) Machinery, reeptaces, instrament or implements intendedy the owner ofthetenementforan industry er works which may be erriad on ina building o ot piece of land, and which tend deel to meet the feof the oad industey or works; (©) Animal hoes, pigaon hows, boshives, ch ponds ‘or breeding places of similar natare, in cage their ‘owner has placed them or preserved than withthe Intention to have them permencnlly attached to the land, and forming « permanent part of i the snimals fa thse places are included (2) Fertilizer actuslly uso on a plese of and (@) Docks and structares which, through Booting, are intended by their mature and object to remain et a fixed place on aver, lake oF coast6 wrmopuetion 70 Law 4. Real property by analogy This inciudes rights over Imnmovabe property ea. servitude nd contracts fix public arly (@) Contracts for pabie works, and servitudes and other real rghte aver immurcble property NOTE: (0) A bing whet bail on etd nd ot a ‘athrwan tbh eof sta pea {) Aboutisanimorabeproperybetencttin ‘it ceases to be an Immovable property. i Gemoliheds (2 Abarong-barongeaonet be considered immovable ‘MOVABLE OR PERSONAL PROPERTIES "Tho falowing are deemed tobe personal properties: A, Those movabies susceptible af sppropriation which are ‘ot ineuded in the preseing atcic eg, pene, watch 2 Real property which by any special provision a law it ‘onidered as personal property (eg, growing cops), Forces of nature whieh are brought under contol by science (eg, lactrety, peat en eaten rare tarabemrtng Snicrnoreiasemes DEFINITION AND CONCEPT OF OWNERSHIP Ownership isthe right to enjoy aoe dispose ofa thing, with v a thing, without tbe limitations than thave established by lew: (Are. 228,60) Hen, the omnership not balta Te may be et he following limitations: ‘en Revered by 1 Limitations impose by law (0) ight of wa () Basement of party wal (© Basement of waters, 2 Limitation imposed ty the State; (2) Power ofeminent domain; ()- Police power; and ©) Power faxation, 8, Limitations imposed by the owner himself ub as those arising from a contrat of mortgage, pledge or lease. ILLUSTRATION 1, De La Salle Alabang is established and situated inside [New Alsbang Vilage. In going to. snd from said schol, parents land tehoolchdren have to pees through the rabdivsion road of ‘the village. The subdivision developers or the association therein ‘can impove reasonable rues end regulations fr security reasons bet it cannot absolutely distllow echoolehildren living in adjacent beolutaly subdivisions to pesa through the subdivision rood going {oDe La Balla College where they are enrolled end duly admitted. 2 One can owa a stereo and seit rely in his house but it os bot mean that he can ace iin fll volume at 200 a.m. tothe ‘etriment of his neighbors who ere already sleping. This is based ‘onthe Latin maxim Sic Utere Two Ut Alienure Non Loedas. Thi “homin i expreoed in a similar vei in Article 481 ofthe New Civil Code which sue: "Tho owner of «thing cannot make use thereof in toch a manner 23 o injure the rights ofthe tied person” 8, Maintaining /howThaw establishments inside a subi sion aren ean be abated. 4, The governinent as the power to impons taxes on the earnings of its cltisane to support the cote of operation of [overnment It has also the power to exproprite private propertis for public use and provide that just compensation is paid. 5. _ X mortgaged his house and lotto Y bank, He is bound observe the conditions ofthe Contract of Real Kstate Mortgage. EXTENT OF OWNERSHIP Exlont of onss ownership which a person has over a parcel of Jana is dfined in Article 427 which provides a flows: “Art 497. "The owner of parcel land is the owner of its puriace and of everythlng under i, and he an fonstruct thereon say works oF make any plantations‘nd excavations which he may dee proper, without ewiment to servitudes and subject to special Ines snd ordimmees, He cannot complain of the reasonable equrements of srilnavigution” ‘sa rule therefore, the owner ofa parcel of land isthe owner fits urfce and of everything unde it subject only tothe fllowing Unitations: ta) ervitades; ) special laws; fd) ordinance’ easonable requirements of aerial navigation; sod (e) the Last, Taaxim of Sic Der Tuo Ut Aliens Non Lead ‘OWNERSHIP OF A HIDDEN TREASURE Arts 488 the Now Civil Cade defines whois the owner of « hidden treasure I says “Are. 428 Hidden treasures belong tthe owner of ‘he land, balding, or other proprtyon which tia fond” Nevertheless, when the discovery is mado on the property of nother or ofthe State or any ofits eubvisions, ant by chosen one-half thereof shall be allowed tothe finder. Ifthe Gades ie ‘ospaster, he sal nt be entitled to any share ofthe tessa 1F the things found bo of interest to the sconce or the arts, the Stilo may acquire thsi just prise, which shall be divided ‘conformity with the rule stated. Simply stata, the law state three (9) instances or atuations: (@) The hidden treasure may be found in one's om property; (©) The hidden reerure may be found on abuilng; (©The hidden treasure may ba found onthe property of another one finds a hiden treasure in his own land or building, be ‘guns it exusively. I'he finder is married, the teamure loses oy ‘he conjugal property. If he hidden treasure is found on the land or building of another by chanc, the finder owns one-half ofthe hidden teense and the other halo the hidden trecsurebelongn tothe owners or {he lind a bid uema x . Ihe Sr weap be rt ete any share “However, ifthe tangs found bef interest tothe sionce a he ts ‘tho State may acquire hem at thei jut price which sll be divided sccording to the provisions of Artiele 438, DEFISITION OF HIDDEN TREASURE “Art 439 By treasure is understood, fr legs pur poses, any hidden and unknown deport of money, j>" fey, or other precious object, the lawl ownership of ‘which dees not appear.” MODES OF ACQUIRING OWNERSHIP ‘he mates f scl saad in our New Chil Col are mini Ae median vk es of sousion ox manip sad, are ell ean Sn ths New Gin Gn, hs shown ln the onparcve at beloe wil by noted that aceasion snot ltd nthe New Cv Cuda asd feng veri Ts oman ni sapeie ‘todo of asating owner If cathing therefore egal ty tough scan lone bse fhe Now Cl Ca, tobe {feted cane in tcmrdance wth aw ‘NEW CIVIL CODE Original Modes ‘Original Modes 1. Cecupetion 1. Oceuparion () Animals froe (2) Wild animals oF those 9c- aturoe aquired by hunting or Bohing tings (©) Hidden tensure(Phesauros © New in Roman Law) (© Abundoned thing (Res (© ReoTowta erecta in Roman Law) 2. Acceso 2 Intellectual creation ession | (@) Coptght on any ter * oe Arumatie, historical, lege! a a «scientific or other works; 241 Alluvion 209 Avulaon243 Insula ata |b Invention or disoywory; and] at Alvews Dere-| (0) Letter | lee | saccades continua BA Onsale a 2821 noe: | | | ns Som 242. On peu | Speers 2023 Connie 2522 Conan 223 Adio 244 Speiato 3. Perio i —t_______] DERIVATIVE MODES 1. Saceston Donation Prescription Law Detivery Prado in Roman Law) anes Norns: ‘omen law terms mentioned below hav ther coun ‘the New CivilCode, the hve the eomtarparts in Animals fora nature ~ Wild animal Are 713) ‘Res Derdita — Abandoned property (Art, 719, ast por) ‘Thesaurus ~ Hidden Treasure (Ar. 438) Acoasio ~ Accesion (Art. 440) 1, Aveestio continua — Accesion by tachment oF Incorporation La Allvion — Alluvion (Art 457) 12 Avulelon — Avalaton (Ar 459) 1.9. Inaula Nota — Formation of islands Art. 464-465) LA. Ales Dereclitus — Change of eouree of rivers (Area. 162-65) ARTIFICIAL OW REAL PROPERTY: 1. Inaedifcatio ~ Building (Are. 445 to 446) 2 Sati Implantatio— Sowing and Panting (Arts. 445 ‘od6) ON PERSONAL PROPERTY: Commistio~ mixture of lide (Arte 472 0 473) Confusio ~ mixture of guid (Arts. 472 478) Adjudicatio — award by court judgment (Le, damages awarded by the crurts ike those provided ‘a Are 2206) 4. Specieaio ~ specication rt 474) Ancessio discrete — Acceaio Diserta (Art. 441) 1, Natural faite — same coneopt (Are 42) 2. iil fruita — same concept (Art. 442) 8. Industrial fruita ~ same concept (Art. 442) ATTRIBUTES OF OWNERSHIP 1, Jus Utena — Right to use 12 Jus Poasidendi — Rights to possess2. Jus Prenat — Right to the Fruits 4. lus Pinponendi ~ Right te diopocs 5. Jus Vindicandi Right to recover NLLUSTRATION: 1X owns a house and lt, he has th right to lve there end use it. he wants, he ean also sel, mariguge or lease it I he sels, hh ceases to have contra, ownership and possesion of the sme favor af the buyer. Ife leased the same for one (1) year, he all rutaina the ompership bat not the possesion because high i transferred tothe less by vets ofthe lease contract ‘the teste fils or refuses to vacate the house and let sar the expiration of the laen contract, the ewher can sus the fees for unlawsldetainer because while the poweesiaa of the lace 'sInwfl in the bagining, it beame salawfl after he fled and refused ta vacate upon Gemand and after tho expiration of the ‘Stipulated ported 1 there are unpaid rentals, the leaor has also the right to leasand payment ofthe same because they are considered fait of ownership. This right i separate and distinc from the right ofthe lessor to Gemand thatthe lessee vacate the Ines premisce but ‘ees to right can be wabjet ofan corpora in oe 1) IMPORTANT ARTICLES OF THE NEW CIVIL CODE ON OWNERSHI AND POSSESSION “Aut, 492. Tho owner or lnwfol poesenor ofa thing Inns the right to exclude any person fren the exjoyment and disposal tereo. For this parpse, he may use such ‘ores a may be reasonaly necoeary to repel er prevent fn actual of threatened unlawfal hyvice invedion or ‘usurpation oF his property.” A, resident of Manila, bought « farm lot in Daemerifos, Cavite! Because his job in in Manila, A visite hia farm lot only during weekends. One Sunday, he vised his farm lot and sew X planting tomatoes in his farm lot. He tal hi that he owns the lot and be cannot therfore plat tmstoes, X countered by baying tht although eis not the ewner, he doesnot want the farm lot te he planta tomators. Ove ching be ila and that is Ue reason why he planted Ding Trt ater nd they have to eration he pecs A Toe Iie tempor and he pulled off Une tomatces end threw them a Strano, Aon X and him fone hs premise, ‘X threw the tomatoos back to Ue face ofA and the later count by sleppicg X on th fee. Cooler heads intervened and thereafter, Kiet the premises. TA lable for stapping the face of? i at of slapping It's eubmitted that Ain not lable Bacauso hi “ 1X was done in the process of defending himself fFom an actual ‘ecgression. Selfdefense includes defense of is perton and of his rights to property. ‘rt. 588, Poneto the bling of thing or tha xiyment cong {Art 504, Poet ay beer tha enter rf. 585. To pontuson of thing ox rita may be bod in 1 8s Gr twa) cumple he ons Saar oe Unt afte oler often ight to ope the owner prtaning ance _. rt. 626, Hei doomed possessor in git wha is ein dee prssor in adh who pomense sany cnsecintray tie ng iste up ado ad lt quo law mayb thee fee : ened car fom Avs owner, Abough 25a the cone hands sn ne er daring te plated ped Tinie * TAX alee gn hh of Avi reprint the cae a et beat bgt ca a kee setae Os onset he elo, faomed¢ iconrin pn i* _ermoDUcTION To LAW the cari in truth and infact onmned by Z, and X knows that {the care rented is owned by and he continues to et Based on ‘his arranguments with Avi, then X is poseasr in bd fle [EFFECTS OF POSSESSION Ar. 539, Bvery pousesor has a rigt tobe respected ‘ni onsen nd should he bo diatrbed tern be rotctd in or restored to sid posgeaion by the ‘means established hy the laws and Rules of Cour. ‘A possessor deprived of the possesion carough forse entry may within ten (10) days from the Beg the complaint present « motion to secure fra the ompotent court, n the action for forcible entry. a writ of preliminary mandatory injunetion ta restore himn i ‘his possession. Tho court shal deci the motion within ‘hiry (80) daye fom fling thereot ‘A roesessor, whether he is posses in th concept of ower or haler, hs three) ight under At 89, thu (a) He has the ight to bo respected x his possesion; (©) If he is stared in his possesion, he haa the right to be protected or restored to his poosesion by aay lawl ‘cans and (© fe is deprived of his possession throug orible entry, ‘he can scare a writ of preliminary mandatory injunction to restore him in ha poncseion, NOTES: 1, Art. 880, vosnd paragraph thereof, statea “A possessor deprived of the posession THROUGH FORCIBLE ENTHY vce ‘Tho remedy, therefor, of eecuring a writ of preliminary nndatory ‘njonction i not avasabo i the complaints unlawal dtainer 2. In frie entry, tho possesion isnot lewfsl furs the Dotinning. In unlewful detainer, the posession is lewfal in the beginning but it became unlawful fer the lesoe failed and refined 'o vacate upon demand and after th contrac af lease Chapter x GENERAL PRINCIPLES ABOUT CONTRACTS AND OBLIGATIONS ‘CONTRACTS AND OBLIGATIONS ‘When two(2) persons antar int written agreement, th arms tnd conditions they have agreed upon ar sated Userein, They are bound hy the said conditions (re. 1308) and they sould vhoefore comply with the semen good faith. (Art 1159) Hones, in 9 contract of lease, the less is bound to pay the agreed rentals in rts fur ‘he use of leased premises. The letor, onthe other hand, haa the "ght to demand the paytent ofthe agreed rentals on dae date and luring the affectivity of te lease I Unis not complied with by the lossoe the loasar has the right to demand thatthe lassce vaca the leased premises ‘The cbuervance of the conditions provided in a wuitten sgroement ir prominod onthe fact that prior tothe acl, they have ‘isouaed the farm of the agreanent and aubeequently thereafter, they have a meeting ofthe minds “Hence, Article 1305 ofthe New Civil Code defines a contract 8 lowe “Art 1905. A contrac ie meoting of minds between two 2) pervans whereby one binds himself with respect tothe other, to give something ort recder some servion” ELEMENTS OF ACONTRACT cone: cse 1. Bmentiale elements © = Consent 8 — Subject matter © — Consideration‘Without thes easential elements, there cen be no contract, 2, Naturale elements — Unles atherwise sipalatd, ‘those elements are resumed to ‘exist. Hence, in a contract of sale, Wwarsnty against eviction and marrantyapaat Miles tlt ‘Presumed to exist, ‘yeu ote 2. Metidental elements — Those agreed upon by the aris lke agreement fo payin fvo (5) equal cualimeeen WHEN IS A CONTRACT PERFECTED? Te depends, ‘Aconsrecl contrat ike sles peritd by are eanent (Art, 1315, NCC) pared = ‘eal contrat ke edge spate by dlr th hi ‘Bledged. (Art, 1316, NCC) = * yee ting A formal conc ke donation ta pare of and whe « ‘mba hae shal bl raion a fears ee ‘CAN THE CONTRACTING PARTIES au THE co ‘AGREE ON ANY TERM OR ‘Yes, provided they are not contrary to law, morals, ood ‘tstoms, public order or public plicy (1908, NCC) Law A writen agzeement of separation between sand wie seca en Innsbands and wife ‘Aree to pay arte ointarsthighe by law is void. ” hat imposed MORALS ‘Agreement to pay excesive ttorney’ fhe is iamoral Promiso to marry based ona carnal consideration i immoral, ‘soon customs _Agoenent betwen am ads woman, bth etree 8 an 2 yea nat ounh parental coment eaachear eee ‘easton Lieve on agement betncars nan (GENERAL PRINCIPLES ABOUT CONTRACTS AN OBLSDATIEN? bots hetwaen 21 and 25 years old, not to seek parental advice is sino unlawful and contrary to goed customs. In the Philippines ‘eoking the advise and eonsont of parents before marriage anf the artes aro within the ages prescrbed in tho Now Fly Code isa ‘tablished custo, PUBLIC ORDER Agrooment to have ive performance of made dancers in Plaza Miranda is contrary to moras, pubic order and pubic policy. PUBLIC POLICY Agreement exempting a public uility bus operator and the river from liability in cae of acidentaraing rom gross negligence is contrary tolaw aed public pliy ‘BASIC PRINCIPLES TO REMEMBER ABOUT CONTRACTS 1, As a rule contracts are perfected by mere consent. (Ar. 1316, NCC) 2, ‘The contracting partes are bound by the contrset they Ihave entered into, (re 1318. NCC) contract takes effect only as between the ign and here subject to the flowing exceptions: (a) Bxcept inthe case where the rights and obligations arising from te ontracta are not transtieibebytheirnature ‘by stipulation and by provision of aw (rt. 1312, NCO} and ©) Becept where there ca tiplation in favor ofa third 4. _ therein stipulation in favor oa third person (Stipula- ton Pour Autru), the following requisites must b complied with (@) Tho contreting partion must have clearly and eto. atly aferred a fever of «third person; () A.mere incidental benefit or interest of a person is not suficient (oA third person must communicate hi acceptance to tho obligor before the revocation of the contract or of the stipulation by the originl partie. (Ar. 1311, 2nd par)5, The partes t a contract may stipulate on any rowed that te tre and conditions they hae ase Sentra to th lan a god santas pl ede ead wai aliey. (Art. 1306, NCC) ® rier and bh 6. Ae a rule, en unauthorized person cannot enter into @ ‘ntsc in he name o another. he wants dot, he flog a) | He must be duly authorised by the person wham he ‘represents, either expresaly or impliedly; = (©) Homust have right to represent sald person; (oT contract entered into by him must subsequently ‘berated ty the person he ropresata Are 117 WOCe 7. | Oblgstins arising from contract have the force of law bso ites we th orang pri ond Sled a ‘faith. (Art, 1169, NCC) beeen ith god 8. Contracts ae cbgnary in whatever frm they ray have ‘ee tenn, proved at al the ese tg srepreseat.facertainormisrequiredby Ula ate, ‘is absolute and indispensable. (Art, 1356, NCC) = 8 Any third person who induces another to viclate the contract shal be nba for damages tote ster onc a (Art. 1814, NCC) ober ones py, 10. Inorder to judge the intentions of he contracting partis, Act eiempreeoes Sn seen! ae Sa Be ‘considered. (Art. 1317, NCC) se Sal oenipaly EXPLANATIONS (@) AS A RULE, CONTRACTS ARE PE} as anu ARE PERFECTED BY MERE ‘As landy cud el otras at we consent ba by dalivey erie bere Formal contracts ust comply with a special forna before can be perforsed For intnnn, if X will danate bis lotto Yin oer that the letor cam bud chapel in sai lot the donation ust be in publi instrament () THE CONTRACTING PARTIES ARE BOUND BY THE CONTRACT THEY HAVE ENTERED INTO (ART. 1916, NCO) "The reason why a party entered into acc:tact i presiely to Ihave an evidence of poof of what they have entered ino, Without ‘the consent of the other contracting party, one cannot just abandon hat has already been agreed upon simply because his fiend ‘adeied ims tht ee not bevel ohm or that he wast to be ‘changod by anothor tam he want. If this i allowed or tlarted, ‘contract will Hon wolees formality and thet chore wil be more Confusion and misunderstanding between the parties. Such I not ‘tho reason why partis entered Into a contract (© AS A RULE, A CONTRACT TAKES EFFECT ONLY AS [BETWEEN THE PARTIES, THEIR ASSIGNS AND THEIR. HEIRS Aelishis car to Bnd they executed a Deed of Sle to evidence {ho samo, Artclo 1811 saya that said contract tales effect only between A and D, their assigns and heirs, Other relative, not being priviee tothe contracts, are not therefore bound bythe sald eotract of aale, before the delivry of tho ear, A dic, and it vars out that the car eld hy A 2 Bisa car stolen by A from Y, the rel owner, B eanot compel the oon af Ato dolver the enr fr even ding the Lifetime ofA, he has lesrly no right to ownership and possesion ‘Tho son of A even fe likes ta deliver the er to cannct do fot heh egally no right whataoever tothe cor. (@) THE PARTIES TO A CONTRACT MAY STIPULATE ON ANYTHING PROVIDED THAT IT IS NOT CONTRARY ‘TOLAW, MORALS, GOOD CUSTOMS, PUBLIC ORDER, AND PUBLIC POLICY ‘This haa been already discussed in this boo, (©) NOONE MAY CONTRACT INTHE NAME OF ANOTHER ‘WITHOUT AUTHORITY Article 1517 shoul be construe in relation to Article 1897Article 1317 doos not state whathsr the person entering ito ‘contract in tho name ofthe ater is am agent merels anys: Ne fone may contract in the namo of another without being eathorzed >y the laste, or unless he haa by aw aright to repecaent him” Assuming however, thatthe one entaring ‘nt wd contract ‘an agent acting tor and in behalf of a certain principal. then the following rade shal apply 1. Ie agent nets with authority and in behalf of the Principal, the transaction ig valid and the principal ‘is tound. The ageat isnot personaly liable unlees he delbratly binds himeell. (Are. 1897, NCC) 2. Ifthe agent ats with authority but notin behalf ofthe Drivepal and ho ets for Mamel, the principale not ound, exept if the transection involves things belonging (othe principal 8. Ifthe agent nets without authority but in calf of his ‘rncipel the trencaction ts unenforceable. (Art. 1403) However, such transaction may be ratified, ratified, the ‘transaction is valid fom tho very bopinning. (Art, 185, Bed par) 4. It the agont acta withost authority and in behalf of himself, the transaction valid whether or not the subject ‘ater belongs tothe principal, provided thatthe agent ‘anlegally transfer the ownership ofthe thing atthe time of delivery. Otherwise, the agent willbe held Uae for vein, (® OBLIGATIONS ARISING FROM CONTRACT HAVE THE FORCE OF LAW BETWEEN THE CONTRACLING PAR- ‘TIES AND SHOULD BE COMPLIED WITH IN GOOD AIT IFA lenses bis apartment to B and they exseuted a formal contract of eco, there are rights and abligaions arising from the Said contrac. A, tho lessor, a duty-bound to yield possession at his apartment to B and in return B shall pay A the agreed rentals for ‘he use ofthe lensed promises. Hach one of them has a duty snd ligation to comply with eid contac! in god fit, (@) OBLIGATIONS DERIVED FROM THE LAW ARE NOT PRESUMED Legal obligntions mast he elaty expressed in the law which ronan for they cannot meray be presumed () CONTRACTS ARE OBLIGATORY IN WHATEVER FORM ‘THEY MAY HAVE BEEN ENTERED INTO, PROVIDED ‘THAT ALL THE REQUISITES FOR THEIR VALIDITY [ARE PRESENT ‘Aa aru, all contracts are valid regardiens of form, provided ‘that all the eatential requisites for Uhl validity are presont However, when a specie form is required fr their validity, then that form sould be abserves A form may be important for 1409 of tha New Civil Code provides “Art, 1408. The following contracts aro unenforceable, ‘unas they ae rated, 1, Thone entered into the name of nother person by ‘one whohas been given no authority or legal representation, ‘whe has acted beyond his powers; 2. Those tt donot comply withthe State of Prauds asset forth n thianumber Inthe following cases, an agreement hereafter made shall bo uncnforeable by actin, unless the Same, came nate or memoranda thereof, be in weting, ‘and subserbed by the party charged, or by his agent evidence, ‘hereore, ofthe agresment cannot be received withoot the vrrling, oa secondary evidenco ofits contents: (a) An egreoment that by its terms is not to be prformod within a year from the making therot. (A special promice to answer for tho debt, dhl or migearsiage of another. (© An agreement mde in consideration of marriage, other than mutual proale ta merry. (@) An agreement forthe eal of gods, chatel of thing in ction, prio not las than five hundred poe (500.00), unless the buyer acepis and receives part of ‘uch gode and chattels, or the evidences, or some of them, tf auch thinge inaction o pays atthe time some part of oreeabiity, Hence, Article follows.te purchase money; but when aaa ie made by auction and entry i mde by the aoetioneer in hisses Dock at ‘he time ofthe sale, of the amount and kind of property snld, terms of sale, price, amet of the purchasers and bereona= whose scant theese lamade, itis aauicent ‘memorandum. (©) An agrooment for the leasing for a longer period than ane your, oor the ale of real property of of (© A represntaton as to the erdit of a third pene 3. Tove whore both partion re incapable of giving A frm may be important for convenience. Hence, Artie 1888 othe New Civil Code provides as fellows “Art. 1858. The fellowing must appear in a pablie ocarent: 1. Acts and contracts which have for their object the creation, tansmiasion, modication or extinguiohment of real ‘his over immovable property, sales of eal property or ofan ‘nteret threin are governed by Articles 1408, Ne 2, and 1405, 2 The cation, repudiation or renunciation of heed. tary rights or of those of th conjugal partnership of gine; 3. ‘The power to administer property, or any athor ‘ower which hasforit objet an act appearing o which should ‘appear ina publi document or shoul prejudices third person 4. The cession of actions of sghts proceeding from an. ct appearing ina public document All other contrvts where the amount involved exceede five Ihundred pesos (P5000) ‘must appear in writing, even a private tne. But sales of good, chains or things inaction are governed by ‘Articles 1409, No, eed 1408 ) ANY THIRD PERSON WHO INDUCES ANOTHER TO VIOLATE THE CONTRACT SHALL RELIABLE FOR DAMAGES TO THE OTHER CONTRACTING PARTY A third perton, i at a party ra privy ta the contrac, has no ‘ntereat therein whatever This etic. 1324, NCO), penalizes said third person for damages if he inducer another to vila his © IN ORzEP To sUDGE THE INTENTION OF THE CON. ‘TRACTING PARTIES, THEIR CONTEMPORANEOUS AND SUBSEQUENT ACTS SHALL RE PRINCIPALLY ‘CoNsIDERED ‘When tho tarma end conditions are clear and they leave no oak as to the intention of the contracting partce, the lier ‘meening of the stipulations shall contrl. The evident intention of the parties prevails over the wordings ofthe eatract. In order to Judge this intention, he contemporaneous and eubsequent oot of he partes shall be principally considered. (Art 1974, NCC) Rules inthe interpretation ofthe contrast are enumerated on ‘Articles 1970 to 1379 ofthe New Civil Code, Rale 130 of the Revised ‘ules of Court ahall supplement the foregoing ules, ‘CONCEPT OF OBLIGATION "There was a tine when sn obligation was clasifed Sato sbedential and conventional. Obediential obligations sre thse Imposed by the wil uf Ged or the Law of Nature Conventional ‘obligations are those resulting fom the will or consent of the fontracting. parties. This ie how seventeenth century civilians asad obligations, 1m Roman law, an obligation eisee when one binds hime to ‘ive (DARK er to perform sry duty eipulated (PPABSTARE), As ‘sed in Roman lw, an cblgation ies teow bond (inculem juris) ‘which bind or hal two or more persons together, erating both a uty and aright, the duty ofthe debiae to pay, and the right of te creditar tobe paid ‘Under the New Civil Code, an obligation is row defined a8 “a jaridicel necessity to give, to dor not ta do” (2) This definition, Ihowever, has ben criticized as defective cate i views cligaions ‘only from the ade ofthe debtor. ‘The better definition of blgation, according to retired Justice “BLL Reyes, is that given by Arias Rataoe, (4) thus “An obligation isa furdial relation whereby a person (called the creditor) may demand from another (called the debtor), the observance oa determinata conduct (he giving, doing or ot doing)we vTRODUCTION TO Lav and incase of broach, may demand tatifoction from the asets of ‘he ater” ‘SOURCES OF OBLIGATION Obligation may ariso fom: (1) law; (2) contract; (8) qua: contracts; (4) act or olssons punined by law, end (5) quasi. Akita, re 1857, NCC) ‘Obligations arising from law are those axpresly provided in the New Givi Coe or in special laws. These are demanable (Ar. 1138, NOC) Ontigations srsing from contracts have the force of lat: between the eontracting partes and should be complied with n good faith (Art. 1189, NCO) Oblgetions arising from criminal offenses are_governed by ponal laws eubjec t the provisions of Atile 2177 and of the pertinent provisions of Chapter 2, Preliminary Tile on Humen elation, Tile XVIL of the New Civil Cade, Obligations arising from quasi-contracts shall be subject tothe provslng of Chapter, Tie XVI ofthe New Ci Code. [NATURE AND EFFECTS OF OBLIGATIONS From the viewpoint ofthe subject metier afte aligation, it may either be L.A Real Obligation to give a specie thing or to give a ‘generic thing a 2A ewonal Obligation todo or not ta do (OBLIGATION OF A PERSON OBLIGED TO GIVE SOMETHING ‘A person obliged to give something has the fllowing obligation: 1. Hs aiige to take car fit with the proper dligence of ‘good father ofa fails, EXCEPT ifthe law o stipulation ‘of the parties requires another standard of care. (Ar 1163, NCC) NOTES: 1, Iftho partis have agroed on the kindof diligence to be oboerved, that which atpulated shall be abeorved, 2, there is po agrooment, the prope dliyence ofa god fauher a family nhl be ober, 8. If tholaw requires that spose kind of digence shall be observed this prevail over gay kindof agreement, EXAMPLE: A stipolation that JD Sransi nc, willearry its passengers by using ordinary diligence is oid for the law specially roqlive that common carrier shall carey its pansengors “safely a far as human care and foresight cau provide, using the utmost diligence of very cautious persons, with due regand fr all elreumstancas” (art. 1765, NCO) ‘OBLIGATION TO GIVE A DETEXMINATE THING The obligation to give a determinate thing includes the obligation to deliver al its accessions and accesories, even though ‘hey may not ave been mentioned. (Art, 1166, NCC) WHEN IS A THING SPECIFIC OR DETERMINATE AND WHEN IS IT (GENERIC OR INDETERMINATE? A.thingiapecifc or determinate when tiseapable of particular designation. EXAMPLE: Thia Toyota Corolla Car with Plate No, NLX-844 A thing is generic or indeturminate when it refers to cles ‘and connut be painted outwith the partealariy, EXAMPLE: A house, EFFECT OF OBLIGATION TO DELIVER A SPECIFIC THING AND A. GENERIC THING "Thor is a great diffrence The obligation to deliver a specific thingla extinguished by a foreutoua event, EXCEPT inthe fllowing 1. When expressly provided by law; 2. When expressly agreed upon by the parties, 8. Whenthenature ofthe ligation equies the assumption fis. (Art. 1174, NCC)EXAMPLE: A. i oblige to give ¥ thie book, Bafoe X ean deliver i to Yh ibrary was burned and said book was likewise Dburne. Here, the abigaion to diver i extinguished, ‘The obligation to deliver a generic thing is art ‘xtingsiched by fortuitous events 2 Xincbiged to Ya allpen. fend allpen sleet ca be replaced by another bllpen. EFFECT OF OBLIGATION ta person oblige todo something fal to ot, or if he does ‘tin contravention a the tenor of the ciation, the Meats are 28 follows 1, The cbligation shall be executed at his ot (debtor's cost); 2 Itimay be decread thst what has been poorly dono be undone (Av. 1187, NCC) EFFECT OF OBLIGATION NOT TO DO fhe obligation consist in nat ding, andthe obligor door what. he boen forbidden i, st aball be undone st hi expense, (Ar. 1168, NCO) DEBTOR ISIN DEFAULT FROM THE TIME OF DEMAND "Thos lige to deliver or todo something are in defeat froma the time of damand, jodicial or extrajudicial. Without thie dessand, {he dabuor ent in defalt, in the allowing inrtanoss, however, desind isnot needed 1. Whien the obligation exproesly so provides; 2. When the law exprosly eo provides; 8, When time is ofthe easence ofthe contract 4 ‘When demand would be useless, a8 when the obligor hes ‘rendered it beyond his power to perform. (Art 1169, NCC) [EFFECT IF THERE IS FRAUD, NEGLIGENCE OR DELAY “Those who i the performance of their obligations are pity of fraud negligence or delay, and those who in any manner contravene the teoor thereof, ARE LIABLE FOR DAMAGES. KINDS OF DAMAGES 1, Moral damages — For_moral_ anguish, bas tmirched reputation, sloup- lose nights, serious anxiety, 2 Reemplary damages — To deter others from som: siting the same act. 3. Actual damages — Tocumpensatathe aggrieved party for actual lsoce suf fred, 4. Liguidated damages — Damages agroed upon by the parties. 5. Temperate damages — When tho exact amount of Alamagos cannot be deter 6 Nominal damages — To vindicate a right. 'The fssecament of nominal damages ia lof to the die tretion af the eourt, [RESPONSIBILITY ARISING FROM FRAUD (00L.0) 1. Ttis demandable in all obligations, Any waiver of an setion for future fad i old (Ar. 1771, NCO) 2, Liability due to fraud cannot be reduced by the courts 13, There ie deiterst intention to cause damage. ILITY ARISING FROM NEGLIGENCE (CULPA) 1, Tein sluo demandhble but such ibility maybe regulated by the courtaacording fo the circumstances Tecan be reduced in certain cases, ‘There i no deliberate intention to the ease damage.KINDS OF CULPA NEGLIGENCE) 2. Culpa contractual or Contrast negligence. 2. Culp agullana or Quas-delit. 8. Culpa eriminel or Criminal negligence. CULPA CULPA lew | eta | afi | eure commas @ eves |W Reguiggs To Teper Spe | BERE |* ETE | — | o» prices |) mae |) teins net Soin. | papi | poem, a SEP |° Sem (0 owtsent | mamas |i farmers Rewisy |° irae | mestomoe BES? |" SEES" chee ees | Geshe) eee ier | Sshet) Soe See, | weer | Seer aaa Sate aoe as ae sui = 2 mecmse | nergtene | henmeee Taree | twee, (© mysoees, tom | SSS |" iene coe ‘sleo proven that ped pe Saas, nore, L ‘the Sobtae feat ‘GENERAL PRIICIPLES ABOUT CONTRACTS AND OBLIGATIONS |S A PERSON RESPONSIGLE FOR THOSE EVENTS WHICH COULD NOT BE FORESEEN, OR WHICH THOUGH FORESEEN ‘ARE INEVITABLE? ‘Aa a rule, there sno liability for fortitous event (thet which could nt be foresee, or which even freseen was inevitable [EXCEPT IN THE FOLLOWING CASE! (e) Whon axprealy specified by law; () When exprocelystipuletd by the partes; and (o_ Whenthenatureoftheobligation require the seeumption of ik KINDS OF OBLIGATION (@) Pure shtigation ae distinguished from conditions sblgstion. (b) Alternative obligation as dlatinguished from facultative sbigation. (©) Joint obligation a distinguished from slidary obligation, (@ Divisible obligation ev distinguished fro indivisible obligation (© Obligntion with «penal cause DEFINITION AND ILLUSTRATION 1. Pure Obligation — itisanobigation without acandtion oratorm and therefore, itis demandable at once EXAMPLE: I promise to pay you P100.00 upon demand. 2 Conditional Obligation ~ its one with «condition EXAMPLES: (2) Lil give a car to you fyou pase the Bar Examine ‘dons in September 2008. Ts Us example, the condition in & ‘uspensive one because the giving af the ear depend on the ‘ells ofthe examination tobe given in September 2003 ) Twill give you my car today bat you fi inthe Bar Sxaminstion tobe giveninSeptember 2003, willbe theowner ‘ofthe car again In this example, the condition ise reslutory ‘one because the happening of the condition extinguishes the ligation.a InTmopUCTION TO LAB 3. Alternative Obligation ~ Its one whers out ofthe two (2) or more pretatons which wl be given, only ome ix doe EXAMPLE: 3 will give you any of the fllowing: My 24 karat. gold ‘ig worth P80,00.00, c my Lancer cer, 1978 model, wert 80,000.00, or my residential lot in the province’ worth 20,000.00. In this example, Lean give any ofthe three proper ies have mentioned andi give one of them, Ihave complied £ _taeultative Obligation — tt is one where only one resttir has been agred upon bt the obligor may render arether im sabatititon. EXAMPLE: 1 promise to give Marie my 14 karat gold ring worth 500000 bt itis agreed thn Cul ve her a seeeanns ‘ar with the aume value ae a substitute. 5. oint Obligation — 1a join obligation, an obligor saswes oly fr spr ft catie ly. EXAMPLE: and Y borrowed Pi,00%.00 from A and itis agreed that ‘hey ar joint debtors of AX wil ony be liable o pay PS00.00. "Tia cobecance they are joint debtors, 8. Sclidary Obligation ~ Where toth or al ofthe debtors ‘can be hel able for the Whole ibility they heve incured EXAMPLE: Xand ¥ borrowed 1,000.00 from A and it's agreed that they ae soldary debtors. X cam beheld isle forthe whole 1,000.00 and ao is Y. Tho erediar enn ram egninat both or ‘inst eny one of them becaue they are waldary debtor. 12. "Divisible Obligation — A divisible obligation ia an cbligaion which is capable of petal perfrmancn EXAMPLE; ‘Aprod to deve 50 kilos of rice to B Here, the subject ‘attri capable of partial performance inthe sente thatthe partes may agree that A wil dliver 250 il of ie today and [nother 150 lila of rise morrow 8. Indivisible Obligation — An obligation which ix not ‘capable of partial performance, EXAMPLE: ‘A agreed to delivor DX Toyota Carla to Y. Here, the subject matter is not capable of partial performance because ‘he ear cannot be divided into two. 9. Obligation witha Penal Cause — Incbligntons with a penal clase, the penalty shall substitute the indemnity fe fad the peyment of imatest in este of non-compliance, EXAMPLE: X agreed to fnith th painting job of the Cultural Center Duilding within sity (60) days. It was sponte that in ease of delay X willbe ible to pay « penalty of P1,000.00 pe day of delay, i turns oat therefore Chat X flat nih the panting Job within the sinty (60) daya and it waa only on the Sth day {that he finished the job, X will bo Hable to pey a penalty of 5,000.0, EXTINGUISHMENT OF OBLIGATIONS Obligations are extinguished by any ofthe filling reasons Art 1281, Obligations sre extinguished: 1. By payment or performance; 2. By the las of the thing due, 8. By the condonstion or remission ofthe debi; 4 By the confusion or merger ofthe rights of creditor ‘and debtor 5, Bycompensetion; 6. By novation Other causes of extinguishment of obligations, such as annulment, rescission, fullllment of @ rsolatry condition, and prescription, are governed elaewhere in thlel CodeChapter XI SPECIAL CONTRACTS ‘The author has chosen to cover only the contracts discussed inthis chapter on acmunt of thir usefulness and importance in| day-to-day ie, Bveryday, contacts of tal, agency, puroership, loan, pledge, mortgage and transportation are uvutly heard aad encountered oot ony by lawyers but alo by Inymen Ii therefore Important fr a beginer in the study of law to have a basic end ‘working kaowiedge ofthe abovementioned contracte by way of reparing them toa deper and more detailed study of law, 1 sane DEFINITION OF & CONTRACT OF SALE Contract of sal a contract whereby one ofthe contracting artes obligates himsaf to tranefer the ownership of and to deliver 8 determinate thing, and the other to pay therefore a pree certain ‘in money or its oguvalent (Art, 1458, NCC) [ESSENTIAL ELEMENTS OF A CONTRACT OF SALE ‘The estentil elements of «contract of sale ate a lows: conE:c-s.¢ C~ Consent SS — Subject matter © Cause 1. Consent or meeting ofthe minds — the vendor agrees {ose and transfer onnershipofhis property tothe vende in turn forthe price the later agrees to ay the vendor, cusoreR us exci cosTaACTS 2 Subject matter — the subject master of tue contract, ‘must be specific If the partes lave nue agreed onthe sujet mater of their transaction thoy have no meeting of the sings 3. Cause or consideration —The price may bein i form ‘of money or its oguvalent, at stat in the last sevtence of Are 1468, Therefore « contract of sao may either be oral orn writing FORM OF A CONTRAGT OF SALE [No particular form is needed to make w contract of tale valid as between the parties. Far as long as al the essential requisites for its validity are present, «contract sale shall be valid end obligatory. regardless ofits form. Therefore, a contract of sal may either be tl or fa writing. However, ther are contract of sale which mast be in writing like a ale ofa piece of land or any interest therein,” or sale of personal property Ifthe price P20. 00 er more ota sale whieh wil beperformed only ater the period of more than ove) year from the ‘exocution of the agreement Hence, the fllowing aris of the New Civil Code provide as follows: “Are 1874. When a sale of a plee of land or any interest ‘therein is rough am agent, authority ofthe later shal be in ‘weting etherwis, th cle shall be void” “Art. 1408. The following coxtracts are wneniorceable, ules thy are ratified: 1. ‘Those eniored into the name of another person by one who has been giver-no authority o legal preseatation, or ‘who has acted beyond bis powers, 2. Those that donot comply withthe Statute of Frauds asset forthin thls number. Inthe fallowingeases, en agreement Derefter made shal be unenfarceahe hy scion, unless the same, oF some nato or memorandum thereat, bein writing, and subscribed by the party charged or by his gent; evidence, therefore, of the agrecment cannot be recived without the writing, oa secondary evidence ofits contents (a) An agreement that by its terms is not to bo performed within a year from the making there,ue smemopueTiON 7 :W (A special promise to anewer for the debt, Anal or misoerings of azote; (© An grocment made in consideration of smarvago, other than a mutual promise fo marry, (@) An egrooment for the sale of gonds, chattels to things in action, at a price not less than five hundred ‘esos (P5000, unless the buyer nespt aad receive part ‘fsuch goods and chattels, o the evidenses or tome of ‘tha, of such things in action, or pay atthe time wore arto the purchase mousy, bat when a sale is made by aucion and entry is made hy the auctioneer in his sales book at the time of the sale of the amount aad Kind af pert sol, terms of ale pice, amen ofthe purchasers snd person whose acount the sale ie made, tie sufiient ‘memorandum; (6) An agreement for the leasing fora longer period than oe () year, or forthe sl of real property or of an interest therein, (1 Aprescotation as to credit of third person, 3. Those where both partee are incapable of giving consent toa contract.” [BRIEF DISCUSSION OF THE ESSENTIAL REQUISITES CONSENT — A controct of sal i perfected at the moment here is mestng of minds and therefore itis perfected by mare ‘onset. Delivery of payment ia not essential for the perfection af contract of ale, More specially, the contrac of sale i perfected atthe moment there is meeting of the minds upon the thing which isthe objec af ho contract and upon the pice, (Art 1475, lst par) EXAMPLES: 1. When A sls hit arto Band they are facing each other ‘when B agreed to pay P10,000.0, the pice asked by 4, te contract of sale is perfect from the moment A stcepted tho ofr of B unconditionally. ‘Aplaood an adveriement in a newspaper to sll his car ‘Ban interested bayer, called by tlophons and tld ie ‘athe is amenable to pay the pred asked by A without teal, 3. A wrote aleter to 8 and olfored to sel his eae to him. ‘pun receipt of sud letter, B wrotea lettr reply accepting the offer of A and which leter was recived by A on February 1, 2002 n. 7-00 pan. Before receiving the letter, however, A wrote letter to B and infermed him that hes ‘withdrawing hs ofr. Here, there i no perfected contrat ‘ofsale because prior tothe date and time A received B etter aceptance, be had already withdrawn his offer before he knew of the seceptance, Therefore, there is m0 reeting ofthe minds. SUBJECT MATTER ~ The subject matter ofthe contract of {ale must be epecie or determinate, not geuore or indeterminate. ‘As already stated in the lst chapter, a specie thing a thing which ‘an be designated wth parteularty. Future things may be the object of sale provided they are already in existance at te time of perfection of Wve contrat. ion, From that moment, theresa perfected contrat REQUISITES OF A VALID SUBJECT MATTER, 1. Thesubjeet mattr must be specifi or determinate, 2 The subject matter must be laf 8, ‘The aller must have th right to transfer the ownership ‘horwo a the time of delivery, ‘CAUSE OR CONSIDERATION — Without «lawful enue or consideration, the contract of ele void The ease in contract of sale is price earain, in money or tx equivalent, OBLIGATIONS CF THE SELLER ‘The principal obligntions ofthe seller ar as flows 1, Tedeliver the doterminate object ofthe contrast 2. Totranafer its ownership: 3, Towarrant (against eviction and against hidden defacta; 4. Topay forthe expenses af the deed of ale; and 5. Toprosorve the thing from the momen of perfection up to Ue me of livery.OBLIGATIONS OF THE SUYER ‘Dae principal obligations of the buyer ar a fellows: 1. Toaecep delivery and 2 Topaythe price ~ atthe time and plate stipulated inthe 1. AGENCY DEFRIITION ‘Ail 1868 ofthe New iil Cade defines agency a on bere a person binds lsat fo renter seme sce to do ‘net in ereeatation af In bea af anos ie a ‘consent or authority of the latte: mm 1a Rallas v8. Go Chan & Sons Realty Ce ons Corporation, st a, GR, No, 1.24992, January $1, 1978, gency was defined as" ‘latonahip beeween two partie whereby eno pasty cae the principal, authorizes another, called the agent, oat for and in his ‘ehalfin transactions with third persona Artic 1868 gives the impression thatthe agent must always cxprouly represent the principal. This, of cours isnot neceaseriy true for there are cases whon the agent acte Im behai of healt ‘and yet the principal would stil bound auch as when the contract Savoives things belonging to the principal WHEN IS A CONTRACT OF AGENCY PERFECTED? ‘Aggy need by th ing th fe nd atc ponte iag et the cane ich at coat een (Art. 1319, NCC) “ete cont Acceptance must be made expressly or impli resaly or impliedly. It may be Implied fom the acta of the agent fom hs slence and Gum his Section according tothe teamatances Ar 7870, NG) ACCEPTANCE OR AGENCY BETWEEN PERSONS WHO PRESENT AND BETWEEN PERSONS WHO ARE ABSENT ane 1 etcen persons who ae present — Tow wean 4 person nay al be pied it he rnc aes peso ‘stormy athe agent and telstra wit any coco 2, Between persone who are absent — Tho aecpisnce of the agency cannot be pled from the alence of hn agent. exe! (a) When the orncipal transmits his power of sttorney to the agent, who receives it without ay objec. () When the principal entrusts to him by letir or talogram a power of attorney with respect to the Business in ‘which he iv habitally engaged aa an agent, and he did not reply tothe letter or telegram BASIC PRINCIPLES OF AGENCY (Q) Thee the following characterises: (Tis consensus, biaterel, nominate, principal, and properatory to contact (b) His consensual breause it Ia perfxted by mere ‘consent exsopt when involves the ele ofland or any interest ‘horein. It bilateral beesuae the principal and the mgent ‘nave reciprocal obligations. Tt is nominate because contract aff agency Is preparatory toa subsequent contract. @ The appointment ofan agent bythe principal is based on trust. Therefore, the agents expected to act within the supe of his shorty and sae in behalf of his principal. (@)_ As already explained above, a situation may arise when ‘he age is authorized by the prinipel bute acts in peal of bimealf. Tei also ponte thatthe agent io not authored But he tes in boll fh principal. Because of these posit, the ‘Bloving situations may aie, 0 wit (3) The agent acis with authority and in behalf of ‘he principat Tho rancnction a vaid tnd the principal is ‘outdby the ai of the agent. The agen ansmes no personal Tait unex he deliberatly bound himsel ©) The agents authorized by the principal but he acts in behotf of himself, notin behalf ofthe principal wih altho principal not bound bythe sts of Oe sent ‘rcpt fi Svates things longing to the principal (The agent acts without authority but in behalf of the principal ~The tranasction ie svenfeeenbe Ba Stay braid Tate, the contract is veldated fromthe ‘ery beeing0 vmoDveTION To LAW curren a ©, The agent acte without authority and in his o 0 comply with al the cblgations which dhe ven behalf —"Th tanenction i valid, whats os se Me 40 1810. Meany have vutcuted mi te acpe of ‘bet matter belongs tothe principal provided tint the | Boeken: ‘gent can legally transfer the or “ership ofthe Sing at the ‘mo of delivery. Otherwise, bel beheld ale fr tichion, ‘Ari. 1912, To advance to agent, if ater request (Ist por.) sums necessary 1 execute the ageny. OBLIGATIONS OF AN AGENT. ‘ori te apes fr ll advance he nd ‘Art 1881, To act within the scope of hia authority Drovided thatthe ugeat i fre from fal ‘Art 1884. To carryout the ageney and be lake far damages Art, 1918, Toindemnify tho agent forall damages which the ‘in caso of non-perfermanee; sad to fini the ‘execution of gency may have caused the agent, busine already begun on the death of the ‘without his fault or neligence. ‘Principal, should delay entail any danger, : ‘APL 1886, ‘To advance necessary funds, if stipulated, except i ‘CASES WHEN PRINCIPAL IS NOT LIABLE FOR EXPENSES Af principal is taolvent INCURRED BY AGENT ‘APL 1887, To actin accordance with the instructions ofthe Article 1918 provides as follows: Drincipal (in defvult thereof, he shall do all that a 4. If the agent contravenes instructions of the prinspal {ood father of a good famaly would doa reuired | LUnlas the latter wanes to aval himself of Ue eels by the nature ofthe business. ‘derived from th contract ‘APL 1888, Not to carry out the agency if its exocution 2 When expenses wore due tothe fault ofthe agent ‘would manifestly reslt in les or damage tothe 8. When the agen incared thera knowing that unfavorsle Prieipal | ‘esalt would ensue, ftbe principal was not aware threo ‘Art 189, To be liable for damage, if there being a conde | and ‘botween his interests and that ofthe principal be 4. When stiplated that the agent bears the expenses, or Prefers his own, that tho agent boars the expences, o thatthe agent would 471891. To render an acount of his transaction ond to bellowed oly a certain sum. red by wit of ae te, ase IMPORTANT ARTICLES TO REMEMBER. reoeived by virtue of the agency even though it Ray at be owing ta thn principal (tipalation Art 1916, When two persons contrac with regard to the same ‘smpting tho agent tom is obligation Is i ‘hing, one with the agent and the other withthe princp:!. and the » ‘tro contracts are Incompatible with eachother, that of prior date hall be prafered, without prejudice to the provisions of Artie OBLIGATIONS OF THE PRINCIPAL (FROM Arts, 1910, 1912, anc ia 1913) ‘Art. 1544, I the same thing should have been sold o diferent CODES CARI -vendoss, the ownership shall be transferred tothe person who may © ~ Comply Ihave fist taken postesson thereof in god fail, i should be = rovable property. A = Advance . R Reimburse Should it be immovable property, the ownership shall belong ‘tothe person soguiring it who in good fait first recorded tin the 1 Indemiy Regist of Proper.INTRODUEMION ro aw Shull there be na inser the person who in god faith bvente thereof the there i good faith PREFERENCE: 1. IPPROPERTY Is MovaBLE 8) othe frst postesor in god faith, 2. IPTHE PROPERTY Is IMMOVABLE. (@) Tothe rst repatrant in good faith; (©) Te te int possessor i pol ft, f there is no ition. the ownership shall pertain to was it in the possession: an tho person who racents the cdst ile, provided (© Tothe possessor who represents the oldest tite, if there is nofrtrgitrant end fst possessor ther gistrant ond fst in good ‘CODE: RPO H.~ Registrant in good faith P ~ Possess in god faith 0 Olden ite U1, PARTNERSHIP DEFINTION By the contract of partnership, two (2) or more persons bind ‘honselveno conte mon ey, oper, or adaary oa common {und witht intention of ange yttssng ene ‘may tobe formed acco pesesion (he Per Ne BASIC PRINCIPLES TO REMENBER 1 Partnership is based on MUTUAL (he partes deetusperonarum) ST OY AONE Like corporation, it hss & personal personality separate and itinet fom the individual partners (Ard. 1768, NCO) 3. The partners may contribute money, property or indy tocommon find preparer ind 2 A partnership may be contituted in any form except ‘where immovable property or real rights are conteloeead thereto, in which case, a pubic instrument shall be snocseary (Art 1771, NOX 5, A-conteact of partnership ie void, whenever immovehlo Property ia cotnibated thereto, Pan inventary f sa snot mao, signed bythe partes, and attached {othe publicinstramnt- (Are. 1778) NECESSARY FORMALITIES IN CREATING A PARTNERSHI 1, A contract of partnership having « capital of P3,000.00 oc more, in money or property, shall eppear in e public acrament (tnd recorded in th Secures and Exchange Comission. However, ‘ven itis isnot compllad with, the partnership and the members ‘hereof remakn liable to the third persons. (Art 772,NCC) 2. what is contributed ie reel property, an inventors should be ateched and there must be a pullenetrusent regarding the partnership and an inventory of the sald property sgued by the partis should be atiached to the public estrament. If this {s'not complied with the partnerehip ia void and hat no juridical eraonaityeven se between the partes. KINDS OF PARTNERSHIP ‘According to lisility, «partnership may be general or limited GENERAL PARTNERSHIP — A partnership where all the partes are general partners who are liable evento extent of thir {lviduel properties, aRer the exhaustion af tho partuorship aces. LIMITED PARTNERSHIP — A partnership where one partner ism general partner and the others are limited partners. A Timited partar ie iable nal to the extent of his cntibution ‘at ite object, a partnership is either universal or particular. UNIVERSAL PARTNERSHIP — This may rfer to universal partnership ofall present property orto a universal pariership of ail profits, (a) Universal partnership of all present property — AA‘partnersip of all preset property is that in which the partners contribute all the property which eccually iplongs to them toa common fund, with the intention of Aividing the same assong therselves, a well se all tho profit which they way acquire tberowith. (Art. 1778, It par, NCC)(0) Unione partnerahipof all profits ~ Comprises a at the petners may sire by ther industy or work during the existence othe nd it te artoership. (Ark 177, ted PARTICULAR PARTNERSHIP — A particular partvership ‘ao fi a eject determinate things or the ererina of pane, KINDS OF PARTNERS ‘A partner may bo e capitalist partner or an ind ts er or an industrial partoer ‘8 their cotebution tothe partnership i om A partner maybe a general po anette may bea generl partner ra inted partner netar A person may bes managing partner, si silent parte, gu 404 parte ra sce partner nsf particpaton eae DEFINTON 1, Capitatist partner — The partner who contributes ‘money or property to the partneraip 2 Industrial Partner — The partner who contributes his indutry. 3. Generat Partner — A partner who is lnhle be- yond the extent of his contr. bution to the parenerthip. A partner who i Hable aly to the extant ot his contribu ~ A partaor whose connection ‘ith the firm it kept secret, ~ Apartner who does nt take active participation in the 4. Limited Partner 5. Secret Partner ership although he may be Known tobe partner. | | 1. Liquidaiing Partner — A partnership xno takes Hawisacing harge of lguidanng. the ‘fairs of the pareneship ‘era diaelution, TV.LOAN DEFINITION By to contract of loan, one ofthe partes delivers to another, ether something not consumable eo thatthe lttar may use the tame for certain time end retur it, in which caso the contract is ‘led a commodatum: or money or other consumable thing, upon ‘he condition that the sarse ammount of the same kind end quality ‘Shall be pot, in which case the contract is sply called @ lan Commodatum i escontaly gratuitous In commodatum, the ilo retain the ownership of the thing toaned, while in simple len, ownership passes othe borrower. (Ar 1083, NCO), KINDS OF LOAN 1. Commodatum — One where the bailor (ender) dlivers ‘anon-consvmebio things thet thebilee(oerower) may tse it fora certain tise and retura it EXAMPLE: A borrowed B's car which he will use for three (3) daye while taking a vacation ia Baguio. Bagrood tollend his arto A for fen. A should retura Bis car 2, Mutuum or Simple Loan — Ono where or other com ‘sumable tng is loaned with tho obligation of paying the ‘ime anount ofthe same kind/quality DISTINCTIONS 1. Commoparow (e) Eesentilly gratuitous, (0) Ownership i retained bythe ballor a lender. (2 Wis an for use or temporary possession. @ Wesnvolves real or personal property1 ermopveTioN To Law (©) Tho same thing that we: borrowed shall be returned. 2 Mur (2) Maybe yentuitows o* onerous. (©) Ownership goes to the borrows (© Tisaloan for consumption (®t reers to personal property (Same amount that was borrowed shall be returned, 3. BASIC PRINCIPLES TO REMEMBER (©) A contract of oan isa real contract. Therefore, itis perfected upon delivery of the thing land, (0 Dotivry ofthe thing loaned is asential because the pose ofthe contracts either to transfer ls uso o¢ {is ownership. (© Commodatur i purely personal and the borrower ‘anaot lend the ting he borrowed ta anther, ¥. PLEDGE AND MORTGAGE. DEFINITION Pledge is areal contract whereby ona person (calle pledgor) elves a movable ta another (called pledge) ea security for he ‘Principal obhgation and with the understanding that cher Se ‘Blentio a pido fled, the thing pledged shall be returned by he pldgor tthe pledge. Mortgage isa rel corset whereby one person called the ‘Rovtgnger) ors his real preperty to another (called orga) ‘security fr the principal obligation and with tee undersoninog og when the bligntin is paid or lle, the mortggu or enous ot on thee property shal be canceled aad releerea PROVISIONS COMMON TO PLEDGE AND MORTGAGE ‘At. 2006. he following requisite are essential ta the contracts pledge and mortgage” 1. That they be constituted to secure the fuliliment of a principal ebigation.| 2. ‘That the pledgor or mortgagor be the absolute owner of the thing plodged or mortgaged: ‘hat tho porns constituting the pledge oF mortgage Sie thetee dps property nn habe ‘hereof, hat they be logally thorn for the purpose. ‘Third perina who are partis to the principal obligation may secure the later by pledging or orageging their own proper DisINCTIONS "REAL MORTGAGE PLEDGE % Consitated on eal| 1. Constiuad on _poronal 1 reper (Art. 2130) ern od rue morgage taint |2. The thing pledged mat * Sper, Paced ine pnanin of Tecio,o o's third ors by somnon ae 1 third]. Net val agaist third © Mite if ok regiteed | pete nah dcp ; fhe ing ledge pen (areas in a public instrument. (Art. 2068 NCO) isrncrions REALMORTGAGE | GHATELMORTOAGE | | Consitated on movables 2 Cannot guarantee future} obligation. Vi ANTICHRESIS DEFINITION Article 2199 of the New Civil Code defines antichresie ww follows! xx x "By the contret of antichreie, the creditor anquires‘he righ to rovive the fruits ofan immovable of hia debtor, with the sbligntion to apply them tothe payment ofthe interest, owing sid ‘ereafer to the prinspal of his ert xx 2" DISTINCTIONS. -—— ‘PLEDGES, ANTICHRESIS i. Pledge is constituted ou| 1, Antichresis is conatitatd oa personal property. ‘immovable property. 2. Not applicalo(no ruts). |2. ‘The creditor has the right to ‘he faite othe immovable, Disrmcrions: ANTICHRESIS MORTGAGE 1, The creditor seguires the 1. “The creditor has no Hight to right to reaive the fits of! dhe fats an immovable of ie debtor ae —______} BASIC PRINCIPLES. 4 The amount ofthe principal and ofthe interest sll be ‘ecified in writing otherwise, the estract of entichresie is VoD (a 2134, Noo) % The actual market value of the fruits at the time of pplication theref tothe intrest and principal sll be ‘measured of much application, 8. "The credit. is obliged to pay the taxes and charges uy ‘the estate unless otherwine stipulated, om VIL COMMON CARRIERS DEFNMON Article 1702 ofthe New Civil Code dotines common earrers ss fellows: x xx *Common carriers are persons, corporations, firme & snrtons engaged is he bts of caingo anoportng ‘soongers o gods or both, by land, water, oa, or compensation offering their ervices othe publi” warren x 1 ‘COMMON CARRIER "PRIVATE CARRIER . Acomimon enrior ofa itn [1 It ie not avilable to the torvee= tothe public. (Art| "public but only to certain 1782, NCO) persons ‘CRITERIAAS TO WHETHER A CARRIER IS COMMON OR PRIVATE, fh casera oblige to carry al persons applying for passege ‘an there is no legal excuse to refse iti pablicearrer, Otherwise, itis a private carr. VIGILANCE REQUIRED OF A COMMON CARRIER. 1. tis found to observe EXTRAORDINARY DILIGENCE. {nthe vigilance over the goods 2. [tis bound to observe EXTRAORDINARY DILIGENCE, or the safoy ofits passenger [EXTRAORDINARY VIGILANCE OVER THE GOODS ‘Common carriers are responsible for the LOSS, DESTRUC- ‘TION OR DETERIORATION of the goods unless the same is dae toany ofthe fatlowing causes 1. ood, storm, earthquake, lightning, or other natural distor or caamity. ‘Act ofthe public eneny in war, whether international or ciel ‘Actor omission of the shipper or owner ofthe gods 4. Thocharactar of the goods or dfets inthe packing orn the containers, 5. Order actofeampatent pale asthoity. [EXTRAORDINARY DILIGENCE FOR THE SAFETY OF PASSENGERS Art 1765, A common caver is bound to carry the passengers sfely as fara human care and foresight can provide, using the “utmost diligence of very cautious person, which ade roged for ‘the lreumetancesChapter “ar SUCCESS!ON ‘CONCEPT AND DEFINTION OF SUCCESSION Ta th ery wages of Reman aw, the pare=!s wer required to decree the Conia Carats who were their hara Teer sone and daughter, and who were acknowledged en ui hereto ceten sts, have tego shar nthe eta, Testamentary ad ‘ntsat ccesios were lrendyLnowa tothe mana Aue, these two Kinds of scsnlons, however, intestate neces fob ‘nt was the penis attain, From the concept of intestate succession, the concept of ‘testamentary sucousion grew. By then, the Romans considered it "8 dingrace to di intestate. If only to avoid intstaey, there ves 2 Practice then to entete a festaeat called PER ABS ET LISRAM ‘under snd by virtue of which, person who ie ot an bir (SUUS SRES) or a0 a member the fsily. was eppitod as els ‘The concept of cession in general the ime both in Roman law ated under the New Civil Code t mess suseeingor entering ‘nt the place or property nighta of ancther ‘el 74 the Na Cl Gola dete meron “A ods of scons of ee Obligate to theatre vel athe nkeceans, ent trotnumid rh indo sean ‘willor by operation of law. ‘herby his sd onthe sald dein, sceton has there the {sewing elements (Iisa mode acuien €) Peto ks chips tothe extent of te val ofthe hapnooee ts gine en othr) Te eae Eel Shrogh deaths nd 0) The tumroiza este ‘operation af law. rw or by WHAT INHERITANCE ‘NCLUDES ‘Thofnheritance neues all the property rightsand obligations ofa person which are nt extinguished by his death, (Art. 776, NCC) TInother words, all property and transu.slbe rights and obligations cuisting at tbe tite of the death of pereon, including arcossion| for tho aseruing cbrefrom, are included inthe inhartance of & person. rt 751, NCC) ‘Tue rights tothe suctesion are transmitted from the moment of the death ofthe decedent. (Art, 777, NCC) KINDS OF SUCCESSION 1, Testamentary Succession 2, Legal o Intestate Succession 8. Mixed Sucession la) Testamentary Suecsssion — Suecosion which results fom the derigntion of an heir, made in @ trl executed in the form proserbed by law. (At 1779, NC () Legal or Intentate Succession — Saozeaion pre teribed by operation of law and which takes place if fs person dee without a wil ore has a wal but the fame is void or has subsequently lot its validity (are 730, NCC) WHAT IS AWILL? ‘A will is en act wharcby a person is permitted, with the formalities preceibed by law, 19 coatrol to a certain dogree, the tisposition of his estate, to take elect afer hi daath (At. 789, Nec) (CHARACTERISTICS OF AWILL 1, Awl must comply with the ormaliti of tbe law. 2, The making of «wile strctly a personal act end cannot ‘olefin whalsar in partto the discretion fs tied person norcan tbe seamplished Uarough the instrumentality of tn agent or attorney. (See Art 786, NCC)oy tmonucrioN To AW Fen formal ast becuse then are legal formalities that Should be complied with (Sec ir 739" Nec ‘The will i lftctive only after the death of the tester (See ire 777, NCC) 5 Awl may be revoked by the testator at aay tine before ‘is dest Any waiver or restition ofthis Kinde sent (art. 828, NCC) © Mh wil mast be exeevted voluntarily and Geely and ‘ithoutforee dares, fear or threat The came sro grounds for tho disallowance of the wil (See Art. 839, NOX) WHO CAN MAKE A WILL? Allpenons who are not epresely prohibited by lw can ake a i “Ar. 796. NCC tis easental, however thatthe tetator eee eof asound mind wt the time ofthe execution ofthe wile 788, NCO) and a east 18 years of ge or over. (Sex nt 187 Mees WHEN ISA PERSON OF SOUND MND? {Tobe of sound mind, iti not necessary that th testator be ‘in fll posasion of ll his reasoning neat 1 shall be sufficient if the testator was abe at the time of aking the willtoknow the natareofthe estate to be diaper Wee Proper chin of his bounty, and the character ate tessa Se. (Art. 798, NCC) WILLS ALLOWED UNDER THE NEW civ CODE 1, Ondinary or Notaral Will; and 2 Holographic Wi, Ordinary or Noterial Will — 1s i ¢ will which is atteted ‘and acknowledged before a Notary Public, Holographic Will ~ 1 is a wil which i entirely writen, fated and signed by the hand of the testator himself It robene tone other frm and may be made in o ot ofthe Philippines, ot ‘eed not be witnessed. (Soe Art. 810, NEC) REQUISITES OF A VALID WILL Te mut bef writing ad exe inthe lnguage and dialect haown tothe eto. (ar D4 NCC) ‘To will ust be subseribed a the end theron by the testator nse bythe tetas name wren by Some ‘ber geracn in is presence and by his expres diction, (are 805,NCC,openina par ‘Th will mst be atastd and suburb by threo or more ered witneaea nthe prennc tthe etaor sd ne anuther (Lat sntnce of opening paragraph; A 808, Noo) 3 testator orth person require hy im to write ha Zane anh inert Pees of be wl hall fs pn each aud very pag there, x te 8 hele margin Atha pago shall be numbed corelatvly in letore ‘cad on the upper part ofeach page (See Are 805, NCO) ‘The attestation shall state th mer ef ager uted upon ‘hich the wil i writen nd the fc that he tanator ‘gna the wil end every age thereto cause wine ‘ther peron to wre under sexpress drone roence of to istrumental witness ad al the pages {herein the resene ofthe lrtatorand of one anise. tothe {eth attestation clase ana language not known to witnesses, able sterpreled a them, The testi Salles: 2 "Thenambor and page ted and upon which the wil irwniten, 1. Thatthotastator signed (or expresiy caused another person to sigs) the wil and every page Usereain the presence ofthe inatrumental wilaeeses; © That the instrumental witnesses witnessed and signed the will and all the pages thereof in the resonce ofthe testator and of one another.Py reo DUCTION TO Law ACTUAL EXAMPLE OF AN ATTESTATION CLAUSE ATTESTATION CLAUSE ‘his instrument consists of ___ pages including this page, vsson this day of 20_—, in the banality ot renee af signed by the testator, —— atthe bottom ofthe instrument sedate band margin ofeach and every page thereat, inthe presence ofa snd each of us, and thereupon, a his request, have witneesed sod ‘sped the wil and ai pages thereat in the presence ofthe tahoe snd ofench ether. Wem fame ACTUAL EXAMPLE OF AN ATTESTATION CLAUSE WHERE TESTATOR CAUSED SOME OTHER PERSON TO WRITE His hake ATTESPATION CLAUSE ‘This instrument consists of __ page including this page, wasonthis——dayot inthe Municipality ot —___Provinew of ,ahteneed and published ‘ou by the oatator ‘obo hisiast wil and testament, and ui testator caused Mr, "tp erite his name sae 1s expres drerion at the Bottom of said instrument ad he a ‘bend margin of each and every page there inthe presence of alot ‘sy and we thereupon atthe testator’ reget, have wilneased we Signed the will and si pages thereot in the presenas of the tata ‘ACTUAL EXAMPLE OF AN ACKNOWLEDGMENT O¥ AWILL ACKNOWLEDGMENT Republic ofthe Philippines) ProvineeGityef —") 8.8 At the Maniipality!ity of _ on this "day af ‘ppeared the Totator witnssos, to wit in said province, 20_ personally ‘sod his three (@Vinstrumental — end ~~ ail own tome tobe tho same persns whe ‘ecuted and aitated, respecsively, the foregoing Loot Will tnd ‘Testament, consatingot — (pages includingthisone ‘on which this acknowledgment ie writen ad they all acknowledged to mo thatthe Testator signed the will and every page thereuf on se loft margin in the presence cf the Testator and af one another, that allthe pages of ai wil are numbered correlative in eters paced on the upper part ofeach page, and that thy atewtation clause is ‘ma language known tothe ioatramentel witnesses; they farther aclowwlodged to me thatthe sid will and attestation are ther ow fee and voluntary act and deed, The Residence Certificates ef the said Tesator and three (8) instiumental witnesses wore exhibited No fnauad at 20 No. teowed st ont No, ___ ued at. on 9 No, __ieaued at, on 20 ‘Witnessed my hand and notarial seal atthe place and on the ate frst above-tated, Notary Public — ‘ Until December 3,20 (Seal and Documentary Stamp) Dos. No. Page No; Book No} Serie of138 rmoDULTION 018 currea a 17 (GUALIFICATIONS OF WITNESSES 1 NOTARIAL WILLS {escator, the will may stil ke established, and the estate ‘Awitnes tothe execution of notarial will must be: Aiseritod in aordance herewiy le conta, aad ‘lueexeution and thefatoftsunauthoried destruction, (2) of ound mind; cancellation, or obliteration are established according to atleast 18 years ds the Mules of Cour, (re. 830, NCO) (© netting; (Ble toread and write, (©) domiciled inthe Philippines; (© mostoothave boon eonvictedafsfction ofe document, porary a fale testimony. AWILLCAN BE REVOKED OR ALTEREN 1 CASE OF SUPPLEMENT OR ALTERATION. After the execution ofa wil, another will may be executed ther to alter the sumo orto mals explanation oration to the vill already made, This wil ello acu ‘Latin “coder” and which mans a te el Incase ofconfict between a will and aod the lator prevails ‘cause it expreses the last will and wish of the testator. A codicil shal be exovted at inthe case ofa will. (Ar. 826, Nec) INCASE OF REVOCATION ‘A wil may be revoked by the testator at anytime bofore his leath, Any waiver or restriction ofthis ight i void (Ar, 828, NCC) ‘Rowerer 20 wil shal be revoked except inthe lowing cases: 1. Byimpeation oft; or 2% Bysome wil coe or ther writing executed aa provided in cao of wis of 8. By burning, tearing, cancalling, or obliterating the will ‘wth the intention af revoking it, by tho testator heal, ‘rby some other person inhis presence, and by hie express direction. If burned, tors, cancelled, or obliterated by some other person, without the express direction af theChapter xin TORTS AND D/ DEFINITION OF A QUASLOELICT Article 2176 ofthe New Civil Code defines a quasi-delict in this manner: Whoever by actor omission causes damage to anoiben: {ere being fault or negligence, is obliged to pay forthe damage done. Suck aul or negligence, if theres no pre-existing ootractal elation between the yates, ical « quasrdoiet and Se goveroed bythe provisions ofthis chapter REQUISITES OF A QUASLDELICT ‘This arco stats the requisites ofa quas-deli, to wit (2) Thore mustbe sn et or omission; ©) Such act r omission causes damage t another; (©) Sachse or omission a eaused by faul or neigence and (@ There is no preexisting contractual relation bewuen the partes, QUAS/-DELICT IS CIVIL WRONG ‘A quasidelict is civil wrong, not a crtn, because i is nat saused by an intentional or malicious act, but by mars foals nealigence [Kistadependent of contract because ifthe aid ator omission {sa violation fw contract, then the result would be that there os mere breach af ontract, THE ACT OR OMISSION MUST BE WITHOUT INTENT TO CAU: z ISE ‘The actor omission must be without intent to ease dassage because if there is intent to eause damage, the actor omistca becomes a crime. In such a case, the civil ibility fr such et or ‘mission wilh governod bythe Ravied Penal Codec proves ‘av fllows: “Art. 1161. CIVIL OBLIGATIONS ARISING FROM, CRIMINAL OFFENSES SHALE, BE GOVERNED BY THE PENAL LAWS, SUBJECT TO THE PROVISIONS OF ART. 2.77, AND THE PERTINENT PROVISIONS OF CHAPTER 2, PRELIMINARY TITLE ON HUMAN RELATIONS, AND OF ‘TWTLE XVIII OF THIS BOOK REGULATING DAMAGES.” IF THERE 1S NO INTENTION To CAUSE DAMAGE Ifthe ctor omission that caused the damage was committed unintentionally, it fault or culpa. Othorsise tis lo, an mt that Denomee «eine DisINCTIONS ‘CULPA cunpa | CULPA CONTRACTUAL | _AQUILIANA CRIMINAL ‘®) Thisapre. —|(@) There ie nopre- | (@) There is no existing obiga- | "exiting ois | pre-existing on express or | on, "blgntion. ‘plied (©) Tho crime (©) Proponderance | () Proponderance | must be proven | otevidonce is |” ofevidence is beyond reason: required, | needed able doubt. (© Defense ofa |(@) Defonseata | (6) This defers ood father of |" good father of | cansot be ‘family inthe | family’ the | interposed. IF selection ofthe | election afthe | the employee employees in ‘exployeosisa | sinslvent or ‘ot a proper tnd complote defense of the employerPa eRODUCTION 0 LAW (@) The existence of [(@) The faator | (@) The innocence | ssemniract mast | neglignce of of ue accused boproved. rit | thedefendant | ‘s presumed final proven | mustbe proven. | until the con- tate ‘ary is proved. ‘cmplled with, {te premumed that the debtor iat Bult (© Negtigence is |() Negligence |e) Nopligence is conlyineideatat |" direcysubstan- |" direct substan ‘otheperf- | tiweandinde- | tive aad indo- ‘maze ofan pendeat pendent. ‘xstng oblige ton based on 8 sostrars WHATS NEGLIGENCE? Article 1178 of the New Civil Cade delines negligence as the ‘omission of that diligence which i required by the crcumstanees of person, pace ad He, Based on this definition, the dogros of care, precaution and glance that shouldbe observed depen om tho ecusnsances of Bersens, pico and tine, That whit may be coniered thurs 1 sufcint cae and pecan in a ot of cavumatencn, maybe Sneacent in enethor staf drecmatances that content the same indiedal enc, won Adve hia cara thily populated place ko Divsra ee Quipo, he sould know, crea wil blag wl tet dng day tine, there arent only pany of people who cose the ‘ret ot tht there are aso aot fers, corny bugs, sss sod

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