Civil Law

Civil Law - It is that branch of the law that generally treats of the personal and family relations of an
individual, his property and successional rights, and the effects of his obligations and contracts.
- It is that mass of precepts that determine and regulate the relations of assistance, authority,
and obedience among
members of a family, and those which exist among mem-bers of a society for the protection of private
interests (1 Sanchez Roman, Estudios de Derecho Civil, p. 70 citing Arribas), family relations, and property
rights. (1 Falcon 9).
The word civil is derived from the Latin word civiles, a citizen, as distinguished from a
savage or a barbarian. Originally, the word pertained to a member of a civitas or free political
community. (Blacks Law Dictionary, p. 331)].
Civil Law Distinguished from Political Law
While civil law governs the relations of the members of a community with one another, political law
deals with the relations of the people and the government.

Art. 2. Laws shall take effect after fifteen days following the completion of
their publication in the Official Gazette, unless it is otherwise provided. This
Code shall take effect one year after such publication. (1a)
Scope of the Article on Effectivity of Laws
This Article provides for the effectivity of two kinds of law, namely:
An ordinary Law
The Civil Code
When a country is placed under martial law, the law-making authority is ordinarily vested in the Chief
Executive or President or Commander-in-Chief who usually issues:
(1) General Orders (which may sometimes be similar to CODES)
(2) Presidential Decrees or Executive Orders (which may be similar to STATUTES)
(3) Letters of Instruction or Letters of Implementation (which may be similar to CIRCULARS)
(4) Proclamations (which are announcements of important things or events)
Effectivity Date of an Ordinary Law
An ordinary law takes effect:
(a) On the date it is expressly provided to take effect. (Art. 2, Civil Code).
(b) If no such date is made, then after 15 days following the completion of its publication in the
Official Gazette (Art. 2, Civil Code) or in a newspaper of general circulation.
When No Publication Is Needed
Where a law provides for its own effectivity, such as, for example July 4, 2002; or upon approval
(i.e., by the President or by Congress over the veto of the President), publication in the Official Gazette is
not necessary so long as it is not punitive in character.
When Publication Is Needed
Unless otherwise provided, laws shall take effect after 15 days following the completion of the
publication in the Official Gazette (Art. 2, Civil Code) or in a newspaper of general circulation.

Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
Ignorantia legis non excusat meaning Ignorance of the law excuses no one.
Art. 3 applies to all kinds of domestic laws, whether civil or penal, and whether substantive or
remedial on grounds of expediency, policy, and necessity, i.e., to prevent evasion of the law. However, the
maxim refers only to mandatory or prohibitive laws, not to permissive or suppletory laws.
Ignorance of foreign law is not ignorance of the law, but ignorance of the fact because foreign laws
must be alleged and proved as matters of fact, there being no judicial notice of said foreign laws.
Scope of Ignorance of the Law
When we say ignorance of the law, we refer not only to the literal words of the law itself, but also
to the meaning or interpretation given to said law by our courts of justice.

The Civil Code of the Philippines

Ignorance of the Law Distinguished from Ignorance of the Fact (Mistake of Fact)
While ignorance of the law is no excuse, i.e., no excuse for not complying with the law, ignorance of
the fact eliminates criminal intent as long as there is no negligence.
Thus, a man who marries a second wife upon the reason-able belief after due search that his wife,
missing for 10 years, is dead, does not incur criminal responsibility (U.S. v. Enriquez, 32 Phil. 202) even if it
turns out that the first wife is still alive. This is merely ignorance of the fact.

Art. 4. Laws shall have no retroactive effect, unless the contrary is

provided. (3)
Reason Why Laws in General Are Prospective
In general, laws are prospective, not retroactive. While the judge looks backward, the legislator
must look forward. If the rule was that laws were retroactive, grave injustice would occur, for these laws
would punish individuals for violations of laws not yet enacted. While ignorance of the law does not serve
as an excuse, such ignorance refers only to laws that have already been enacted.
Exceptions to the Prospective Effects of Laws
While in general, laws are prospective, they are retroactive in the following cases:
If the laws themselves provide for retroactivity (Art. 4, Civil Code), but in no case must an ex
post facto law be passed. It should be noted that generally, the Philippine Constitution does
not prohibit retroactive laws.
NOTE: An example of an ex post facto law is one that makes criminal and punishable an act done before
the passing of the law and which was innocent when done.

Art. 7. Laws are repealed only by subsequent ones, and their violation or
non-observance shall not be excused by disuse or custom or practice to the
contrary.
When the courts declare a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only
when they are not contrary to the laws or the Constitution. (5a)
How Laws Are Repealed
Laws are repealed:
Expressly
Or impliedly (insofar as there are inconsistencies between a prior and a subsequent law)
NOTE: Implied repeals are not looked upon with favor. Therefore, if both statutes can stand
together, there is no repeal.
Rule for General and Special Laws
In case of conflict between a general and a special law, which should prevail?
If the general law was enacted prior to the special law, the latter is considered the exception
to the general law. Therefore, the general law, in general remains good law, and there is no
repeal, except insofar as the exception or special law is concerned.
Unconstitutional Laws, Treaties, Administrative or Executive Orders
Rule under the 1987 Constitution
The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in divisions of three, five, or seven members. Any vacancy shall be filled within
ninety days from the occurrence thereof. (Sec. 4[1], Art. VIII).
All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are
required to be heard en banc, including those involving the constitution-ality, application, or operation of
presidential decrees, proclamations, orders, instructions, ordinances, and other regulations shall be
decided with the concurrence of a majority of the members who actually took part in the deliberations on
the issues in the case and voted thereon.
Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority
of the members who actually took part in the deliberations on the issues in the case and voted thereon,
and in no case, without the concurrence of at least three of such members. When the required number is
not obtained, the case shall be decided en banc: Provided that no doctrine or principle of law laid down by
the Court in a decision rendered en banc or in division, may be modified or reversed except by the Court

The Civil Code of the Philippines

sitting en banc.
The Supreme Court shall have the following powers:
Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court
may provide, final judgments or orders of lower courts in:
All cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

Art. 8. Judicial decisions applying or interpreting the laws or

Constitution shall form a part of the legal system of the Philippines. (n)

the

While it is true that decisions which apply or interpret the Constitution or the laws are part of the legal
system of the Philippines still they are NOT laws, if this were so, the courts would be allowed to legislate
contrary to the principle of separation of powers. Indeed, the courts exist in order to state what the law is,
not for giving it. (Jus dicere, non jus dare). Judicial decisions, though not laws, are evidence, however, of
what the laws mean, and this is why they are part of the legal system of the Philippines. The interpretation
placed upon the written law by a competent court has the force of law.
The decisions referred to this article are those enunciated by the Supreme Court, which is the court of
last resort.
The resolutions are not decisions within the constitutional requirement. They merely hold that the
petition for a review should not be entertained in view of the provisions of the Rules of Court. Even
ordinary lawyers understand this.

Art. 10. In case of doubt in the interpretation or application of laws, it is

presumed that the lawmaking body intended right and justice to prevail. (n)
Dura Lex Sed Lex
The law may be harsh, but it is still the law. Hence, the first duty of the judge is to apply the law
whether it is wise or not, whether just or unjust provided that the law is clear, and there is no doubt. It
is the sworn duty of the judge to apply the law without fear or favor, to follow its mandate, not to temper
with it. What the law grants, the court cannot deny. If some laws are unwise and detrimental, proper
representations may be made to Congress. Be it observed that our courts are referred to as courts of law
(not necessarily of justice).
In Case of Doubt
Of course, in case of doubt, the judge should presume that the lawmaking body intended right and
justice to prevail. After all, it has been truly said that we should interpret not by the letter that killeth, but
by the spirit that giveth life. (Cayetano v. Monsod, GR 100113, Sep. 13, 1991, J. Paras, ponente). Judicial
conclusions inconsistent with the spirit of a law must be avoided. (Torres v. Limhap, 56 Phil. 141).
Moreover, it has been wisely stated that when the reason for the law ceases, the law automatically ceases
to be one. Cessante ratione cessat ipsa lex. Justinian once defined equity as justice sweetened with
mercy.

Art. 13. When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty-five days each; months, of
thirty days; days, of twenty-four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the
number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day
included. (7a)
Civil or Solar Month
The civil or solar or calendar month is that which agrees with the Gregorian calendar, and those
months in said calendar are known by the names of January, February, March, etc. They are composed of
unequal portions of time.
The general rule is that when months are not designated by name, a month is understood to be only
30 days; thus, Art. 90 of the Revised Penal Code refers to a 30-day month, and not to the solar or civil
month. (People v. Del Rosario, L-7234, May 21, 1955).
Meaning of Day Applied to the Filing of Pleadings
If the last day for submitting a pleading is today, and at 11:40 p.m. (after office hours) today it is
filed, the Supreme Court has held that it is properly filed on time because a day consists of 24 hours. This
presupposes that the pleading was duly received by a person authorized to do so.

The Civil Code of the Philippines

Computation of Periods
In computing a period, the first day shall be excluded, and the last day included. (Art. 13, last par.,
Civil Code). Thus, 12 days after July 4, 2006 is July 16, 2006. In other words, we just add 12 to the firstmentioned date.

The Civil Code of the Philippines

Rule if the Last Day is a Sunday or a Legal Holiday

If the last day is a Sunday or a legal holiday, is the act due that day or the following day?
It depends.

In an ordinary contract, the general rule is that an act is due even if the last day be a
Sunday or a legal holiday. Thus, a debt due on a Sunday must, in the absence of an
agreement, be paid on that Sunday. [This is because obligations arising from contracts have
the force of law between the contracting parties. (Art. 1159, Civil Code).] There are, of
course, some exceptions, among them the maturity date of a negotiable instrument.
When the time refers to a period prescribed or allowed by the Rules of Court, by an order of
the court, or by any other applicable statute, if the last day is a Sunday or a legal holiday, it
is understood that the last day should really be the next day, provided said day is neither a
Sunday nor a legal holiday.

Art. 14. Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine territory, subject to the
principles of public international law and to treaty stipulations. (8a)
Theories of Territoriality and Generality
We adhere in the Philippines to that doctrine in criminal law known as the theory of territoriality;
i.e., any offense committed within our territory offends the state. Therefore, any person, whether citizen or
alien, can be punished for committing a crime here. Thus, the technical term generality came into being; it
means that even aliens, male or female come under our territorial jurisdiction. This is because aliens owe
some sort of allegiance even if it be temporary.
Exceptions

Art. 14, recognizes two exceptions:

Firstly, the principles of public international law. Examples are the immunities granted to diplomatic
officials and visiting heads of states, provided the lat-ter do not travel incognito. If they travel
incognito but with the knowledge of our government officials, heads of states are entitled to
immunity. If the incognito travel is without the knowledge or permission of our country, diplomatic
immunity cannot be insisted upon, and the heads of states traveling may be arrested. However,
once they reveal their identity, immunity is given. Generally, should a friendly foreign army be
given permission to march thru our country or be stationed here, said army is usually exempt from
civil and criminal responsibility.
Secondly, the presence of treaty stipulations. (Thus, we have the Philippine-United States Military
Bases Agreement, dated Mar. 14, 1947 [43 O.G. No. 3, pp. 1020-1034], which contains some
provisions exempting certain members of the armed forces of the United States from the
jurisdiction of our courts.)

Constitutionality of the Military Bases Agreement

If bases may validly be granted the United States under our Constitution, it follows necessarily that
the lesser attribute of jurisdiction over certain offenses may be waived or given by law or treaty.
Furthermore, the grant of bases necessarily includes the waiver of jurisdiction within the terms necessary
appurtenances to such bases, and the rights incident thereto.

Art. 15. Laws relating to family rights and duties or to the status, condition
and legal capacity of persons are binding upon citizens of the Philippines, even
though living abroad. (9a)
Status Defined
The status of a person in civil law includes personal qualities and relations, more or less permanent
in nature, and not ordinarily terminable at his own will, such as his being married or not, or his being
legitimate or illegitimate. Bouviers Law Dictionary defines status as the sum total of a persons rights,
duties, and capacities (Vol. 3, p. 3229); Sanchez Roman considers civil status the distinct consideration of a
person before the civil law. (Vol. 2, p. 110).
Scope of Art. 15 (Nationality Principle)
Art. 15 refers to:
1. Family rights and duties (including parental authority, marital authority, support);
2. Status;
3. Condition;
4. Legal capacity. (But there are various exceptions to this rule on legal capacity.)

The Civil Code of the Philippines

Applicability of Art. 15
Art. 15 which is a rule of private international law (or a conflicts rule, containing as it does a
reference to a foreign element, such as a foreign country) stresses the principle of nationality; some
other countries, like Great Britain and the United States, stress the principle of domicile.
Capacity to Enter into Ordinary Contract
The capacity to enter into an ordinary contract is governed by the national law of the person, and
not by the law of the place where the contract was entered into (lex loci celebrationis).
Capacity under the Code of Commerce
Art. 15 of the Code of Commerce say that foreigners and companies created abroad may
engage in commerce in the Philippines subject to the laws of their country with respect to their
capacity to contract.
Capacity to Enter into Other Relations
Capacity to enter into other relations or contracts is not necessarily governed by the national law
of the person concerned.
Thus:
1. Capacity to acquire, encumber, assign, donate or sell property depends on the law of the place
where the property is situated (lex situs or lex rei sitae). (See Art. 16, par. 1, Civil Code).
2. Capacity to inherit depends not on the national law of the heir, but on the national law of the
decedent. (Art. 1039, Civil Code).
3. Capacity to get married depends not on the national law of the parties, but on the law of the place
where the marriage was entered into (lex loci celebrationis or locus regit actum), subject to certain
exceptions.

Art. 16. Real property as well as personal property is subject to the law of
the country where it is situated.
However, intestate and testamentary successions, both with respect to the
order of succession and to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall be regulated by the national
law of the person whose succession is under consideration, whatever may be
the nature of the property and regardless of the country wherein said property
may be found. (10a)
Conflicts Rules on Property (Lex Rei Sitae)
Property, whether real or personal, is as a rule governed by the lex rei sitae (law of the place where
the property is situated). (Art. 16, par. 1).
It is inevitable that the rule should be thus for real property, for after all, real property is attached to
the land, and a contrary rule may render a judgment on the land ineffective or incapable of enforcement.
Applications of the Doctrine of Lex Rei Sitae
Shares of stock of a foreigner, even if personal property can be taxed in the Philippines so long as
the property is located in this country.
Bank deposits in the Philippines even if belonging to a foreigner may be the subject of attachment
proceedings.
Taxes may be imposed on dividends from shares in a gas corporation situated in the Philippines
even if the stockholders do not reside here.
Exception to the Lex Situs Rule
One important exception to the lex situs rule occurs in the case of successional rights. Thus, the
following matters are governed, not by the lex situs, but by the national law of the deceased (Art. 16,
par. 2, Civil Code):
Order of succession.
Amount of successional rights. (This refers to the amount of property that each heir is legally
entitled to inherit from the estate available for distribution).
Intrinsic validity of the provisions of a will. (Examples: whether a disinheritance has properly been
made or not; whether a testamentary disposition can be given effect or not.)
Capacity to succeed. (Art. 1039, Civil Code).
Examples

The Civil Code of the Philippines

In country X, even recognized illegitimate children are not allowed to inherit. A citizen of country X
dies in the Philippines, with some of his parcels of land located in our country. Under our laws, recognized
illegitimate children can inherit. Will Y, a recognized illegitimate child of the deceased, be entitled to
inherit?
ANSWER: No, because under the law of his fathers country, he has no right to inherit. This is so
even if the lands are found in the Philippines. What should control is the national law of the deceased. (Art.
16, par. 2, Civil Code).

The Civil Code of the Philippines

The Renvoi Problem

Renvoi literally means a referring back; the problem arises when there is a doubt as to whether a
reference in our law (such as Art. 16, par. 2 of the Civil Code) to a foreign law (such as the national
law of the deceased)

is a reference to the INTERNAL law of said foreign law; or

is a reference to the WHOLE of the foreign law, including its CONFLICTS RULES.
In the latter case, if one state involved follows the nationality theory, and the other, the
domiciliary theory, there is a possibility that the problem may be referred back to the law of the first
state.

Art. 17. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are
executed.
When the acts referred to are executed before the diplomatic or consular
officials of the Republic of the Philippines in a foreign country, the solemnities
established by the Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those
which have for their object public order, public policy and good customs shall
not be rendered ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign country. (11a)
Doctrine of Lex Loci Celebrationis
The first paragraph of the Article lays down the rule of lex loci celebrationis insofar as extrinsic
validity (forms and solemnities) is concerned. Thus, a contract entered into by a Filipino in Japan will be
governed by Japanese law insofar as form and solemnities of the contract are concerned.
Formalities for the Acquisition, Encumbering, or Alienation of Property
Formalities for the acquisition, encumbering and alienation of property (whether real or personal)
shall however, be governed not by the lex loci celebrationis but by the lex rei sitae. (See Art. 16, par. 1).
Rule of Exterritoriality
Even if the act be done abroad, still if executed before Philippine diplomatic and consular officials,
the solemnities of Philippine laws shall be observed. The theory is that the act is being done within an
extension of Philippine territory (the principle of exterritoriality).
Rule Respecting Prohibitive Laws
The third paragraph gives one exception to the rule that a foreign law, contract, or judgment can be
given effect. The reason is that public policy in the Philippines prohibits the same.
Examples:
A contract for the sale of human flesh (prostitution) even if valid where made cannot be given effect
in the Philippines.
An absolute divorce granted Filipinos abroad even if valid where given cannot be recognized in the
Philippines inasmuch as under the Civil Code, absolute divorce is prohibited.
A U.S. court allowed a mother living with a man other than her husband to exercise authority over
her child with the lawful husband. It was held by our Supreme Court that such a decision cannot be
enforced in the Philippines.
Intrinsic Validity of Contracts
It should be noted that while the first paragraph of Art. 17 speaks of forms and solemnities, no
mention is made of the law that should govern the intrinsic validity of contracts in general. The
prevailing rule in Private International Law today is to consider the lex loci voluntatis (the law of the
place voluntarily selected) or the lex loci intentionis (the law of the place intended by the parties to
the contract).

Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and good faith.
Why the Code Commission Formulated a Chapter on Human Relations

The Civil Code of the Philippines

A chapter on human relations was formulated to present some basic principles that are to be observed for the rightful
relationship between human beings and the stability of the social order. The lawmaker makes it imperative that everyone duly respect
the rights of others. Indeed this Chapter is calculated to indicate certain norms that spring from the fountain of good conscience.
These guides for human conduct should run as golden threads through society, to the end that law may approach its supreme ideal,
which is the sway and dominance of justice.
Stress of the Article
This article stresses:
Acting with justice;

The giving to everyone his due;

The observance of honesty and good faith.
Thus, rights must never be abused; the moment they are abused, they cease to be right.

Acting with Justice and Giving Another His Due

This is elaborated in the following articles, among others:
Art. 20 indemnification of another due to illegal acts
Art. 21 indemnification due to immoral acts
Art. 24 unfair competition
Art. 22 unjust enrichment
Observance of Honesty and Good Faith
This is elaborated in the following articles, among others:
Art. 26 respect for the personality and dignity of others
Art. 25 restraint of undue extravagance
Art. 31 et seq. independent civil actions
Honesty - careful regard for others rights and property.
Good faith - honest intention to avoid taking undue advantage of another. (Cui v. Henson, 51 Phil. 612).].

Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same.
Willful or Negligent Acts
The article punishes illegal acts whether done willfully or negligently. Thus, in the law of torts or quasi-delicts Whoever by
act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. (Art. 2176, Civil
Code).
The mere possession of a slot machine or even its operation for amusement and not for profit does not constitute a crime, in the
absence of a law that regards its operation as a crime. In fact, a slot machine is not a gambling device per se, because by itself, it can
be operated legally as well as illegally. (Owners of 51 Jackpot Slot Machines v. Director of the NBI, L-18899, Feb. 29, 1964). Slot
machines which are actually made for gambling purposes are of course illegal and may be destroyed by the proper authorities.
Fernando v. CA
GR 92087, May 8, 1992
Negligence has been defined as the failure to observe for the protection of the interests of another person that degree of
care, precaution and vigilance which the circumstances greatly demand, whereby such other person suffers injury.
N.B.: Acts resulting from negligence may vary in nature, extent, and resulting consequences. This is why, particularly in
criminal cases, courts are given greater leeway or discretion in imposing the proper penalty, and are not bound to mathemati-cal
formulas for the lowering of degrees of penalty. (People v. Felicisimo Medroso, Jr., L-37633, Jan. 31, 1975).
Torts
Art. 20 introduce a broader concept of torts in our country, for it embraces:
The Spanish tort based on negligence. (Art. 1902, old Civil Code, see Caguioa, Civil Law, Vol. I, p. 19).
And the American tort based on malice. (Prosser, Torts, p. 4; see Caguioa, Civil Law, Vol. I, p. 19).

Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.
Willful Acts Contrary to Morals
Art. 21 was intended to expand the concept of torts in this jurisdiction by granting adequate legal remedy for the untold number of

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moral wrong which is impossible for human foresight to specifically provide in the statutes. (PNB v. CA, 83 SCRA [1978]).
Note: In a corporation, the by-laws govern the relations of the members, not Art. 21.

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Buag, Jr. v. CA
GR 101749, July 10, 1992
The acts of petitioner in forcibly abducting private respondent and having carnal knowledge with her against her will, and
thereafter promising to marry her in order to escape criminal liability, only to thereafter renege on such promise after cohabiting
with her for 21 days, irremissibly constitute acts contrary to morals and good customs.
These are grossly insensate and reprehensible transgressions which indisputably warrant and abundantly justify the award
of moral and exemplary damages, pursuant to Art. 21 in relation to paragraphs 2 and 10, Art. 2219, and Arts. 2229 and 2234 of
the Civil Code.
Article 21 Distinguished from Article 20
1.

In Art. 21 The act is contrary to morals, good customs, or public policy.

In Art. 20 The act is contrary to law.

2.

In Art. 21 The act is done willfully.

In Art. 20 The act is done either willfully or negligently.

[NOTE: Willful may mean not merely voluntarily but with a bad purpose.
(U.S. v. Ah Chong, 15 Phil. 488; People v. Parel, 44 Phil. 437).].
Example
(a) Example Given by the Code Commission
A seduces the 19-year-old daughter of X. As promise of marriage either has not been made or cannot be proved. The
girl becomes pregnant. Under the present criminal laws, there is no crime as the girl is above 18 years of age. Neither can
any civil action for breach of promise be filed. Under Art. 21, she and her parents would have the right to bring an action
for damages against A.
[NOTE: The example given by the Code Commission is correct, provided that the man had in some way defrauded
or deceived the girl (not necessarily seducing her, as the term is used under the Revised Penal Code). But if the two of
them had engaged in illicit relations out of mutual carnal lust, then it is believed that there can be no recovery of damages,
since both parties are at fault.
(See Arts. 1411 and 1412, Civil Code; see also Batarra v. Marcos, 7 Phil. 56). The same rule applies when it was the girl
who deliberately tempted the man.].
Raquisa v. Castaeda
AM 1312-CFI
Jan. 31, 1978
Misconduct implies a wrongful intention and not a mere error of judgment. (Buenaventura v. Hon. Benedicto, 38
SCRA 71). Even if a judge is not correct in his legal conclusions, his judicial actuations cannot be regarded as grave
misconduct, unless the contrary sufficiently ap-pears.
Can There Be An Action for Breach of Promise to Marry?
(a) For the recovery of actual damages, yes. Thus, if a person gives another P500 because the latter promised to marry the
former, and the promise is not fulfilled, the money given can be recovered. (Domalagan v. Bolifer, 33 Phil. 471). Thus
also, if a teacher resigns from her position because of a mans promise to marry her, she can recover indemnity for
damages if later on the promise is not fulfilled. (Garcia v. Del Rosario, 3 Phil. 189). The same thing may be said for the
recovery of wedding expenses, such as the wedding breakfast, the ceremony, the trousseau, the issuance of invitations, if
one party fails to appear.
(b) Recovery of Moral Damages
In Hermosisima v. Court of Appeals, et al., L-14628, Sep. 30, 1960, the Supreme Court held that under the Civil
Code, there can be no recovery of moral damages for a breach of promise to marry, AS SUCH, the omission in the Civil
Code of the proposed Chapter on Breach of Prom-ise Suits is a clear manifestation of legislative intent not to sanction as
such, suits for breach of promise to marry, otherwise many innocent men may become the victims of designing and
unscrupulous females. However, if there be seduction (as defined in Arts. 337 and 338 of the Revised Penal Code), moral
damages may be recovered under Art. 2219, par. 3, of the Civil Code. The Court, however, implied that if there be moral
seduction as distinguished from criminal seduction, there MAY BE a grant of moral damages, possibly under Art. 21. In
said Hermosisima case, however, it was the woman who virtually seduced the man, by surrendering herself to him
because she, a girl 10 years OLDER, was overwhelmed by her love for him. (See also Estopa v. Piansay, Jr., L-14733,
Sep. 30, 1960; Beatriz Galang v. Court of Appeals, et al., L-17248, Jan. 29, 1962).
Sexual Harassment
The Anti-Sexual Harassment Act of 1995, otherwise known as RA No. 7877, was approved on February 14, 1995. RA
7877 is an act declaring sexual harassment unlawful in the employment, education or training environment.

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