Professional Documents
Culture Documents
CIVIL LAW
Civil law governs the private relationships between persons, from birth to death and beyond.
This field regulates human and family relations; property, ownership, and its incidents; and
obligations, contractual and non-contractual.
GENERAL PRINCIPLES
Art. 2, CC (effectivity of laws)
Publication requirement
Case: Taada vs. Tuvera Art. 2 refers to laws without qualification (no need for distinguishing
between general and special laws); the entire law must be published for compliance
Q: Where should publication be made?
A:
1. OG, or
2. Newspaper of general circulation in PH
Unless otherwise provided: refers to the number of days following completion of publication
(can be lengthened or shortened)
Re: administrative circulars/issuances
Case: Yaokasin vs. Collector of Customs
1. If to implement/enforce the law, etc. necessary
2. If for internal use, etc. dispensable
Re: effective upon signing of the President
Case: Umali vs. Estanislao follow the rule in Art. 2 (after 15 days)
Contra: La Bugal Blaan vs. Ramos law takes effect immediately after complete publication
Follow La Bugal Blaan, its more recent
Art. 3, CC (ignorance of the law)
Principles upon which Art. 3 is based: exigency, necessity
Covered laws: domestic, mandatory, prohibitory
Presumption created: conclusive
Re: mistake
1. Mistake of law: inexcusable
2. Mistake of fact: (can be) excusable
Processual presumption to invoke foreign law in PH, one must establish its existence;
otherwise, it will be presumed that the foreign law is the same as PH law, and therefore, PH law
applies
Art. 6, CC (waiver of rights)
Only rights may be waived; obligations cannot
Conditions prescribed by law for waiver
1. Not contrary to law, morals, good customs, public order, public policy (cf. Art. 1306, CC)
2. Not prejudicial to a third person with a right recognized by law
When the act is both a right and a duty (e.g. SCs expanded power of judicial review) we do
not speak of waiver (can the power of lower courts to hear and decide cases within their
jurisdiction be considered this? [cf. Art. 9, CC])
HUMAN RELATIONS
Arts. 19, 20, & 21 are correlated
Art. 19 lays down a rule of conduct, violation of w/c is governed by either Art. 20 or Art. 21
Art. 19, CC (norms of human conduct [standards re: rights & duties])
1. Act with justice
2. Give everyone his due
3. Observe honesty and good faith
Interplay of damnum absque injuria & abuse of rights
GR:
Damnum absque injuria: one who made use of his own legal right does no injury, and
whatever damages are caused to another should be borne solely by the latter
XPN: When there is abuse of rights
1. Defendant has a legal right or duty
2. Exercised or performed in bad faith
3. For the sole purpose of prejudicing or injuring another
4. Complainant was prejudiced or injured as a result
Art. 20, CC (willful or negligent act done contrary to law)
Art. 21, CC (willful act contrary to morals/good customs/public policy)
Art. 20, CC
Act is done either willfully or negligently
Act is contrary to law
Liability arises from violation of law
Art. 21, CC
Act is done willfully
Act is contrary to morals/customs/public policy
Liability need not arise from violation of law
PERSONS
Kinds of persons
1. Natural
2. Juridical: artificial beings created by law
Art. 37, CC (juridical capacity [i.e. personality] vs. capacity to act)
PERSONALITY
CAPACITY TO ACT
Fitness to be the subject of legal relations,
inherent in every natural person, and can be
lost only through death
Case: Testate Estate of Fragante case Power to do acts w/ legal effects
when a person dies and leaves an estate, the
estate
automatically
acquires
juridical
personality of its own (ground: necessity)
Kinds of personality
1. Temporary/presumptive
2. Actual/permanent
Art. 40, CC (acquisition of personality)
GR:
Birth determines (permanent) personality
XPN: Presumptive personality for conceived children
1. For all purposes beneficial to it (i.e. civil beneficial purposes); and
2. Provided it must be born alive (cf. Art. 41, CC)
Art. 41, CC (born alive)
1. Intra-uterine life of 7 months: born alive at the time it is completely delivered
Delivery is complete when there is severance of the umbilical cord
2. Intra-uterine life if < 7 months: survival of at least 24 hours after complete delivery
Cases:
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SURVIVORSHIP
Two (sets of) rules
1. Rules of Court (R131, on disputable presumptions)
2. Art. 43, CC
(a) Person alleging death of one before the other must prove
(b) In absence of proof, presume that both died at the same time
Conditions for application of Art. 43, CC
1. In case of doubt
Art. 43 applies only in the absence of fact
2. The case must involve succession
3. Regardless of cause of death
Unlike the RoC w/c specify certain causes, Art. 43 makes no such distinction
MARRIAGE
Art. 1, FC (marriage, defined) special contract of permanent union between a man and a
woman entered into in accordance w/ law for the establishment of conjugal and family life [...]
foundation of the family and an inviolable social institution [...]
Case: Lichuaco-De Leon vs. CA agreements to terminate marital relations = VOID for being
violative of public policy considerations and PH morals (cf. Art. 1, FC)
Lawyers taking active part in forming such agreements can be disbarred
Nature of marriage
1. Heterosexual (Arts. 1-3, FC)
2. Ceremonial (Art. 3(3), FC)
Case: Eugenio vs. Velez common-law marriages (i.e. cohabitation by mere
agreement) are not recognized as marriages in our jurisdiction
Dual aspects of marriage
1. Act: actually appearing before the solemnizing officer
2. Status: a change in status w/ regard to the contracting parties
Purposes
1. Companionship
2. Procreation
Kinds under FC
1. Valid
2. Voidable
3. Void
Re: breach of promise to marry
GR:
Per se, not an actionable wrong in this jurisdiction
PH has no law on breach of promise to marry
Case: Hermosisima vs. CA provision on breach of promise to marry was deleted
from CC draft to prevent unscrupulous women from taking advantage of innocent
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essential/formal
formal
Interplay: marriages void under Art. 7(5), FC, cf. Art. 10, FC can be deemed to have not
been voided (and therefore valid) if Art. 26, FC comes into play
Re: mayors as solemnizing officers
GR:
Marriages solemnized by mayors w/in period between 8/3*/88 to 1/1/92 = VOID
(* some authorities say 8/4/88)
XPN: Good faith marriage (Art. 35(2), FC) (see above)
Art. 7, FC [+LGC] (persons authorized to solemnize)
1. Incumbent members of the judiciary w/in their territorial jurisdiction
(a) Case: Navarro vs. Domagtoy beyond territorial jurisdiction = irregularity
(b) Dean Alis take: w/in territorial jurisdiction qualifies power to solemnize,
absence of w/c goes into the validity of the marriage; but follow Domagtoy for
purposes of the bar
J. Sempio-Diy says Domagtoy is obiter, though, but whatever
(c) Justices of courts w/ national jurisdiction can marry anywhere in PH
2. Priest/rabbi/imam/minister
(a) Duly authorized by his church/sect (in writing)
(b) Registered w/ the Civil Registrar General
(c) Acting w/in limits of authority
(d) At least one of the contracting parties belongs to the church/sect
(e) Case: Navarro vs. Domagtoy (again) absence = irregularity
3. Ship captain/airplane chief
(a) Re: marriages in articulo mortis
(b) In flight/during voyage only [XPN: stop-overs]
4. Military commander of a unit (cf. Art. 32, FC)
(a) A chaplain is assigned to the unit
(b) Chaplain is absent
(c) During military operation
(d) Also re: marriages in articulo mortis
i. Between persons w/in the zone of military operations
ii. Whether said persons are members of the armed forces or civilians
5. Consul-general/consul/vice-consul (see previous page)
6. Mayor
LGC is silent as to whether there is a territorial jurisdiction requirement
Domagtoy may be applied by analogy; i.e. solemnizing marriage outside the
mayors city/municipality = mere irregularity
Marriage license
GR: Required for validity (constitutes permission to marry granted by the State)
Art. 35(3), FC (cf. Art. 4, FC) marriages solemnized w/o marriage license =
VOID
Case: Filipina Sy vs. CA
XPN Arts. 27-34, FC (marriages exempt from license requirement)
35(4) bigamous
35(5) mistake of identity
35(6) subsequent marriages void under Art. 53
36 psychological incapacity
37 incestuous
38 void for reasons of public policy
VOID MARRIAGES
Art. 35(1) below 18*
Art. 35(2) solemnizing officer, not authorized (XPN: good faith marriages)*
Art. 35(3) no marriage license (XPN: exempt marriages [Arts. 27-34])*
Art. 35(4) bigamous
Art. 35(5) mistake of identity
Art. 35(6) subsequent marriage void under Art. 53
Art. 36 psychological incapacity
Art. 37 incestuous
Art. 38 void for reasons of public policy
[* see earlier pages]
1. Bigamous marriages (Art. 35(4), FC)
Provided it is not a terminable bigamous marriage (Art. 41, FC)
Case: Isakawa vs. Gangan
Requisites
4 yrs. ordinary
(a)
Absence
for
2 yrs. extraordinary
:
consecutive
(Art. 391, CC)
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1. Consuegra vs. GSIS (?), Weigel vs. Sempio-Diy, Cario vs. Cario final judgment
required for remarriage purposes (i.e. no need to go to Art. 40 if there is no intent to
remarry) (so... if there is no intent to remarry, we apply Mendoza and Aragon?); it is
not for the parties to determine whether a marriage is valid or not; that is for the courts to
decide
2. Domingo vs. CA non-compliance w/ Art. 40 can be ground for a bigamy charge
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(a) by the wife of the fact that, at the time of marriage, she was
pregnant by a man not her husband
(b) of STD, regardless of nature, existing at the time of marriage
(c) of drug addiction, habitual alcoholism, homosexuality or lesbianism,
existing at the time of marriage
Injured party
Free cohabitation after w/in 5 yrs. from the
vice(s)
ceased
or time the vice(s) ceased
disappeared
or disappeared
Force,
intimidation,
undue influence
(i.e. vices of
Case: Ruiz vs. Atienza valid threats do not vitiate consent
consent)
(Art. 45(4), FC)
Case: Sison vs. Te Lai (?) free qualifies cohabitation
LEGAL SEPARATION
Q:
A:
Case: Lapuz-Sy vs. Eufemio the right to bring an action for legal separation is personal &
intransmissible; it ends at the death of one of the parties to the action (see also A.M. on Legal
Separation)
Art. 55, FC (grounds)
1. Sexual infidelity (Art. 55(8), FC)
Sexual intercourse, not necessary; mere betrayal of trust is enough (J. SempioDiys view is that mere cohabitation would suffice; Dean Ali disagrees with
all this i.e. infidelity is qualified by sexual and therefore there must be
sexual intercourse or at least contact and I agree with him)
2. Perversion (Ibid.)
Case: Campos-Rueda case the right to sex must be exercised moderately (Dean Ali
asks: what constitutes moderately? At any rate, Dean Ali opines that
consensuality negates perversion, i.e. no matter how kinky, as long as it is
consensual, there is no perversion)
3. Repeated physical violence/grossly abusive conduct (Art. 55(1), FC)
(a) Repeated more than once (determination of this is a question of fact)
(b) Regardless of the purpose; mere repeated infliction is enough
4. Physical violence/moral pressure to compel change in religious/political affiliation (Art.
55(2), FC) cause (see underlined) is the necessary element
5. The rest of the grounds are self-explanatory
(a) Attempt to corrupt or induce engagement in prostitution, or connivance thereto
(b) Final judgment sentencing >6 yrs. imprisonment, even if pardoned
(c) Lesbianism/homosexuality
(d) Attempt against the life of the petitioner
(e) Subsequent bigamous marriage
(f) Abandonment w/o justifiable cause for more than 1 yr.
See? Self-explanatory. I included them here for purposes of memorization only
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FAMILY RELATIONS
Art. 150, FC (covered relatives)
1. Husband & wife
2. Parents & children
3. Other ascendants & descendants
4. Brothers & sisters (whether of full-/half-blood)
Case: Gayon vs. Gayon (?) the above enumeration is exclusive
Art. 151, FC (earnest efforts rule)
GR:
Mandatory, otherwise the case shall be dismissed for premature filing
XPN: Non-compromisable cases (Art. 2035, CC):
1. Civil status of persons
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FAMILY HOME
Purpose: seat of familial love & affection
How constituted
(Art. 153, FC, cf.
Art. 161, FC)
Who can
constitute (Art.
152, FC)
Beneficiaries
(Art. 153, FC)
By occupancy
A person may constitute, or be the beneficiary of, only 1 family home
Case: Manacop vs. CA actual occupancy by beneficiary constitutes the
family home even if the owner does not actually reside therein (e.g. abroad)
1. Spouses, jointly
2. Unmarried head of the family
Q Can persons covered by Arts. 147/148 constitute a family home?
:
A: Case: Valdez vs. RTC of QC YES.
1. Constitutors (see above)
2. Parents, ascendants, descendants, brothers & sisters, legitimate or
illegitimate, living in the family home & dependent upon the head of the
family for support
Cases (a) Patricio vs. Dario in-laws are covered
(b) Manacop vs. CA (again) househelpers are not
:
covered; no relationship w/ the head of the family
Fsdfsdfsdf
Kinds of children
1. Legitimate (Art. 164, FC)
When legitimate
(a) Conceived or born during the marriage
(b) Conceived as a result of artificial insemination
i. Ratification of both spouses in writing; signed; before the birth of the child
ii. Recording of instrument in civil registry (w/ birth certificate of the child)
180-300 rule (Arts. 168, FC, cf. Art 169, FC)
(a) Art. 168 has nothing to do w/ legitimacy the child is presumed legitimate (absent
proof to the contrary); the issue is paternity, i.e. who authored the child?
(b) Two periods contemplated
i. 180 days from solemnization of 2nd marriage
ii. 300 days from termination of 1st marriage
(c) Rules
BEFORE 180 DAYS
AFTER 180 DAYS
WITHIN
2nd MARRIAGE
1st MARRIAGE
300 DAYS
[even if w/in 300 days after
NO STATUS
termination of the 1st marriage
(Art. 169, FC)
as long as the child is born after
AFTER
[whoever alleges legitimacy (or 180 days from solemnization of
300 DAYS
illegitimacy) must prove the same the 2nd marriage, it is considered
(see next page)]
conceived during same]
- [before-within] and [after-within] the 180 days & the 300 days overlap
- [after-after] & [before-after] the 180 days & the 300 days do not overlap
What if the child was born exactly on the 180th day? Art. 168, read as is, is
silent. So are most commentators. J. Vitug opines, however: the child is
considered conceived during the 1st marriage
Impugning legitimacy
GR:
Husband (Art. 170, FC)
being the most affected person
Who can impugn? XPN Heirs of the husband (Art. 171, FC): if the husband dies
1. Before the action prescribes (see below)
:
2. After filing of complaint w/o having desisted therefrom
3. And the child was born after his death
Till when? (Art.
Reckoning points:
170, FC)
1. [period] from knowledge of birth or its recording
2. [period] from discovery/knowledge of
(a) Birth, or
(b) Fact of registration,
... whichever is earlier, if the birth of the child was concealed
from or unknown to the husband (or heirs)
Prescriptive periods:
husband (or heirs) resides in the
1 yr.
city/municipality where the birth took
place or was recorded
husband (or heirs) does not reside in
2 yrs.
the place of birth but resides in PH
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2. In a state of insanity
[if the child already filed an action prior to death, heirs may continue]
1. Child: as long as he/she lives
GR:
Same as for legitimates
2. Heirs: 5 yrs. from death of child XPN: If there is an admission of
illegitimate filiation (cf. Art.
Till when?
172(2), FC [see below])
during the lifetime of the
putative parent
2. Art. 172, FC (proof of filiation)
1. Record of birth (in civil register or final judgment)
Primary proof
2. Admission of filiation
Secondary proof (in
3. Open & continuous possession of status
absence of primary proof) 4. Any other means allowed by RoC, other laws
Cases
(a) Noble vs. Noble proof of bare filiation is not enough; what must be
:
established is acknowledgment
(b) Cabatania vs. CA mere physical resemblance is not proof of filiation
3. Arts. 174 & 176, FC (re: rights)
LEGITIMATE
ILLEGITIMATE
GR:
Mother only
XPN: [RA 9225] The child may
use the surname of the
father if the if filiation of
child is not denied, &
admission of such appears
in a (1) public instrument, or
Bear
(2) private instrument duly
Both mother & father
surname(s)
signed by the parent
concerned
Case: Grace Grande vs.
Patricio Antonio material
word = may; the child
cannot be compelled to use
his/her fathers surname
Receive
From parents, ascendants, and
Includes support from father so
support
brothers/sisters in proper cases
long as filiation is admitted
Successiona
of the estate
of that of a legitimate child
l rights
3. Legitimated
Who can be legitimated (Art. 177, FC, as amended by RA 9858): natural children, i.e.
(a) Illegitimate children of parents who, at the time of the childs conception, were not
disqualified by any impediment to marry each other
(b) Children of parents who were disqualified by minority
How? (Art. 178, FC): subsequent valid marriage between the parents
Annulment of a voidable marriage shall not affect legitimation
Rights of legitimated children (Arts. 179-181, FC)
(a) Same rights as legitimate children
(b) Legitimation of children who died before parents marriage benefits descendants
Rarararararrrrrr
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(c) Retroactivity of rights: effects of legitimation retroact to the time of the childs birth
Impugning legitimation (Art. 182, FC)
Who can impugn? Persons whose rights are prejudiced
Till when?
5 yrs. from accrual of cause of action
Ground
Child was not really natural
4. Adopted
(a) RA 8552 (domestic adoption)
1. Filipino citizen
(a) of legal age
(b) w/ full civil capacity & legal rights
(c) of good moral character
(d) has not been convicted of any crime involving moral turpitude
(e) emotionally & psychologically capable of caring for children
(f) can support/care for children in keeping w/ means of the family
(g) at least 16 yrs. older than the adoptee
XPN: waivable when adopter is the
- biological parent of the adoptee
- spouse of the adoptees parent
2. Alien
(a) qualifications laid down for PH citizens
(b) aliens country has diplomatic relations w/ PH
(c) residency in PH for at least 3 continuous yrs. prior to filing of
application for adoption (+ maintenance thereof until adoption
decree is entered)
Adopter
(d) certification of [1] legal capacity to adopt, & [2] allowance of
(Sec. 7)
aliens government for adoptee to enter ther country as the
formers adopted child (issued by aliens diplomatic/consular
office, or any appropriate government agency)
[XPN: (c) & (d) are waivable for the following aliens:]
- former Filipino seeking to adopt relative w/in 4th civil degree
- alien seeking to adopt legitimate child of Filipino spouse
- alien married to PH citizen, seeking to jointly adopt relative
of Filipino spouse w/in 4th civil degree
3. Guardian, w/ respect to the ward (after termination of guardianship
& clearance of guardians financial accountabilities)
GR:
Husband & wife shall jointly adopt
XPN: 1. One seeks to adopt a legitimate child of his/her spouse
2. One spouse seeks to adopt his/her own illegitimate child
Provided the other spouse consented thereto
3. Spouses are legally separated
Adoptee
1. Any person <18 y/o declared available for adoption (adm./jud.)
2. Legitimate son/daughter of one spouse (adopter: other spouse)
(Sec. 8)
3. Illegitimate son/daughter (by a qualified adopter)
to improve his/her status to that of legitimacy
4. Person of legal age, if prior to the adoption, consistently considered
& treated by adopter as his/her own child since minority
5. Child whose adoption has been previously rescinded
6. Child whose biological/adoptive parent(s) has/have died, provided
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