Article 14.

Penal laws and those of public security and safety shall be obligatory upon all who live or A: No because legal capacity is governed by nationality, hence 18 years of age is the legal capacity for a Filipio
sojourn in the Philippine territory, subject to the principles of public international law and to treaty to enter marriage
stipulations. Q: 2 Filipino gay couple went to US to marry since same sex marriage is allowed, is their marriage
A. Generality valid in the Philippines?
- Applicable to all persons who live and sojourn in the Philippines A: No, since same sex marriage is not allowed in the Philippines (Marriage: union of man and woman)
- Exception:
Extra-territoriality- laws of the Philippines is applicable outside its territory. Domiciliary Theory - The basis for determining personal law of an individual is his domicile.
 Public International Law (Ex. Ambassador in the performance of their function) B. DOMICILLIARY/TERRITORIALITY PRINCIPLE
 Treaty  Permanent Residence
 Laws of preferential application
B. Territoriality Article 16. Real property as well as personal property is subject to the law of the country where it is
 Applicable within the territory of the Philippines stipulated.
(take note of the extent of Philippine Territory) However, intestate and testamentary successions, both with respect to the order of succession and to
 Exception: the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be
Extra-territoriality- laws of the Philippines is applicable outside its territory. 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.
Article 2 of the RPC
PROPERTY
1. Should commit an offense while on a Philippine ship or airship
Real Property v. Personal Property
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;  Article 415 - Article 416, 417 Both apply Lex Rei
3. Should be liable for acts connected with the introduction into these islands of the  Immovables - Movables Sitae / Lex Situs
obligations and securities mentioned in the presiding number;  Tangible - Intangible (share of stocks)
4. While being public officers or employees, should commit an offense in the exercise of
their functions; or  Lex Rei Sitae / Lex Situs
5. Should commit any of the crimes against national security and the law of nations,  law of the place where the property is situated
defined in Title One of Book Two of this Code.  prevails

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of General Rule: Real property as well as personal property is subject to the law of the country where it
persons are binding upon citizens of the Philippines, even though living abroad.
is situated. (Art. 16 par 1, NCC)
THEORY ON PERSONAL LAW
Exceptions:
Nationality/Personal Theory - the status and capacity of an individual are generally governed by the law of
his nationality 1. Order of Succession
A. CITIZENSHIP/NATIONALITY PRINCIPLE 2. Amount of successional rights
 Filipino: Philippine Laws 3. Intrinsic validity of the provisions of the will
4. Capacity to succeed
 Foreigner: National Laws
(Subject to the Nationality Principle: the National law of the decedent/dead)
includes:
a. Validity of Marriage
Renvoi Doctrine
b. Property Relation
c. Support and Filiations (even not required by foreign law to support a child, he must still  Renvoi - It literally means a “referring back”. It arises when one state follows the nationality theory
support his child when he marries a Filipina because support is allowed in the Philippine and the other the domiciliary theory, the problem may be referred back to the law of the first state.
law)  Philippine laws will be used to resolve the conflict
d. Legal Capacity KINDS:
*with Article 17, paragraph 2 1. Single Renvoi/Theory of Acceptance of Renvoi/Remission
 refers back to the laws of the forum\
Q: Can a Filipino couple obtain divorce in a foreign country?  example:
A: They cannot because migration did not change their nationality, only there domiciliary PH ---- US ---- back to PH
Q: 2 US citizen couple married in the Philippines? Can they obtain a divorce in China? 2. Transmission
A: Yes, because their US law allows divorce  reference made to a third state
Q: 13 years old Filipina went to US since 12 years old is allowed to marry, is the marriage valid?  example:
PH ---- US ----- CHINA (if not proven, Processual presumption)
Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be thereafter validly obtained provisions of the will where they were solemnized, and
governed by the laws of the country in which they are executed. abroad by the alien spouse 4. Capacity to succeed valid there as such, shall also be
When the acts referred to are executed before the diplomatic or consular officials of the Republic of capacitating him or her to valid in this country
the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed remarry, the Filipino spouse
in their execution. shall have capacity to remarry
Prohibitive laws concerning persons, their acts or property, and those which have for their object under Philippine law.
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. Article 18. In matters which are governed by the Code of Commerce and special laws, their deficiency
 Lex Loci Celebrationis shall be supplied by the provisions of this Code.
 determined by the law of the place where contract is executed CIVIL CODE IS A GENERAL LAW

General Rule: 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. (Art. 17, NCC) HUMAN RELATIONS
-is the social and interpersonal relation of individual with society
Exceptions:
(for acts executed abroad) Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice,
1. Exterritoriality give everyone his due, and observe honesty and good faith.
 Diplomatic Officials and Philippine Consular Offices: apply Philippine laws PRINCIPLE OF ABUSE OF RIGHT
He who acts with abuse, his right ceases, and his act becomes illicit, giving rise to liability. The term refers to
2. Extrinsic Validity acts which are not illegal but nevertheless make the actor liable for damages.
 Lex Loci Voluntatis: governed by the law of the place voluntarily selected (without agreement)
 Lex Loci Intentionis: governed by the law of the place intended by the parties This article, known to contain what is commonly referred to as the principle of abuse of rights, sets certain
 Lex Loci Solustionis: law of the place of performance; intention standards which must be observed not only in the exercise of one’s rights but also in the performance of one’s
duties.
 Lex Contractus: where the contract was made/ performed (with agreement)
 Law of the state that has “the most significant relationship to the transaction and the parties”
Elements of Abuse of Right
1. there is a legal right or duty (what right has been abused?);
Overseas Employment Contract 2. the exercised of such right is in bad faith (Bad faith does not only connote bad judgment or negligence; it
General Rule: Philippine laws apply even to overseas employment contracts (Sec. 3, Article XIII) imparts a dishonest purpose and conscious doing of wrong); and
3. for the sole intent to prejudice or injure others (what is the intention?).
Exceptions: (parties may agree that foreign law would govern)
1. That it is expressly stated in the overseas employment contract that a specific foreign law shall Standards to be Observed to Avoid Abuse of Rights:
govern; 1. to act with justice
2. That the foreign law invoked must be proven before the courts pursuant to the Philippine rules on 2. to give everyone his due
evidence; 3. to observe honesty and good faith
3. The foreign laws stipulated on the contract must not be contrary to law, good morals, public
order, public policy of the Philippines Justice – acts must be done in accordance with law.
4. The overseas employment contract must be processed through the POEA Honesty – careful regard for other’s rights and property.
Good Faith – honest intention to avoid taking undue advantage of another.
Lex Nationalis Lex rae sitae Lex loci Celebrationis
Art 15 Art 16 Art. 17 CASES:
1.) Employer has the right to terminate employee, but must be within art. 19
Basis: Nationality Basis: Law of the place where the Basis: Law of the place where the
2.) If right is subject to injunction, follow injunction
property is situated contract was executed
3.) A person who is not part of a party/contact can be still liable if violated art. 19
Covers: family rights and Covers: Real and personal Covers: forms and solemnities
duties, status, condition and properties (extrinsic validity)
Damnum Absque Injuria
legal capacity
 “Damage or loss without injury”
EXEPTIONS: Where a marriage EXCEPTIONS: EXCEPTION:
between a Filipino citizen and 1. Order of Succession All marriages solemnized outside  If there has been damage which resulted from the exercise of legal rights
a foreigner is validly 2. Amount of successional rights the Philippines, in accordance with  The legitimate exercise of a person’s right, even if it causes loss to another, does not automatically
celebrated and a divorce is 3. Intrinsic validity of the the laws in force in the country result in an actionable wrong
  The act done must not only be hurtful but also wrongful Negligence – failure to observe for the protection of the interest of another person that degree of care,
precaution and vigilance which the circumstances greatly demand.
Injury v. Damage
 Violation of a - compensation or Willful Act – if it is done with knowledge of its injurious effect. It is not required that the act be done
right monetary award purposely to produce the injury. The act need not be committed against the person injured.
 Illegal invasion - loss, hurt, or harm
Elements of Contra Bonus Mores
of a legal right which results from the
1. there must be an act which is legal;
injury 2. the act must be contrary to morals, good customs, public order or public policy; and
3. the act is done willfully with intent to injure.
Kinds of Damages:
1. Moral Damages Purpose of inclusion of Article 21: legislations cannot cover all acts that individuals could commit.
 Sleepless nights; besmirched reputation, etc.
2. Exemplary Damages BREACH OF PROMISE TO MARRY
 To set an example to the public  removed because people abuse it and take advantage of it
 Cannot exist alone; always accompanied by Moral damages General Rule: Mere promise to marry is not an actionable wrong; does not entitle one to collect
3. Nominal Damages damages
 Damage of last resort Exceptions:
 Awarded if there has been a violation of a right; right shall be proven 1. Incurred expenses for the preparation of the wedding
4. Temperate Damages (Wassmer v. Velez, G.R No. L-20089, 1964)
 To prove that there was damage 2. Criminal Seduction as defined in RPC
5. Actual Damages (Hermosisima v. CA, G.R No. L-17248, 1962)
 Exact amount of loss  Victim must be between 12-18 years old
 Proved by receipts 3. Moral Seduction- uses seduction to get what it wants
 Quantifiable (Gashem Shookat Baksh v. CA, G.R No. 97336, 1993)
6. Liquidated Damages - Not a mere promise but with fraud/deceit
 Damages agreed upon by the parties 4. . Act is contrary to morals, good customs, public policy
(Wassmer v. Velez, G.R No. L-20089, 1964)
Volenti non fit Injuria (Gashem Shookat Baksh v. CA, G.R No. 97336, 1993)
(Hotel Nikko v. Reyes, G.R No. 154259, 2005)
 “to which a person assents is esteemed in the law as injury” Article 22. Every person who through an act of performance by another, or any other means, acquires
 There is no injury to one who consents; a person who knowingly and voluntarily risks danger or comes into possession of something at the expense of the latter without just or legal ground, shall
cannot recover for any resulting injury return the same to him.
Duty to return what was acquired unjustly or illegally
 Refers to Self-inflicted injury; or the consent to injury

Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall UNJUST ENRICHMENT
indemnify the latter for the same.  If a person acquires or comes into possession of something at the expense of another without just
or legal ground
Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to  When a person unjustly retains a benefit to the loss of another, or where a person retains money or
morals, good customs or public policy shall compensate the latter for the damage. property of another against the fundamental principles of justice, equity and good conscience
 provides for sanctions and remedies of Article 19  If there was a law violated, you cannot invoke unjust enrichment
Article 20 Article 21  Remedy of last resort
Contrary to law Any act or omission not contrary to law but
 since not all laws provide for remedies in contrary to morals, good customs and public Enrichment is every patrimonial physical or moral advantage, so long as appreciable in money.
case of violation policy.
This refers to acts “CONTRA BONUS MORES.”

The act is done either willfully or negligently The act is done willfully
Article 23. Even when an act or event causing damage to another's property was not due to the fault or Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was neighbors and other persons. The following and similar acts, though they may not constitute a
benefited. criminal offense, shall produce a cause of action for damages, prevention and other relief:
Accion in rem verso (1) Prying into the privacy of another's residence;
 Action to recover a thing or what has been paid without just cause (2) Meddling with or disturbing the private life or family relations of another;
 Merely an auxiliary action; available only when there is no other remedy on contract, quasi- (3) Intriguing to cause another to be alienated from his friends;
contract, crime/delict, and quasi-delict (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
Requisites: birth, physical defect, or other personal condition.
DUTY TO RESPECT THE DIGNITY, PERSONALITY, PRIVACY AND PEACE OF MIND OR ANOTHER
1. The defendant has been enriched
2. Plaintiff suffered loss
Remedies:
3. Enrichment is without just or legal ground
1. Prosecute as a criminal offense
4. Plaintiff has no other action based on contract, quasi-contract, crime/delict, and quasi-delict
2. Action for Damages
3. Action for Prevention
Accion in Rem v. Solution Indebiti
4. Other reliefs
 Knowingly/ - by mistake
Voluntarily ARTICLE 27. Non-feasance: Any person suffering material or moral loss because a public servant or
employee refuse or neglects, without just cause, to perform his official duty may file an action for
Solutio Indebiti damages and other relief against the latter, without prejudice to any disciplinary administrative
 the juridical relation which arises whenever a person unduly delivers a thing through mistake to action that may be taken.
another who has no right to demand it (Art. 2154, Civil Code) REFUSAL OR NEGLECT OF PUBLIC SERVANT TO PERFORM HIS DUTIES

Article 24. In all contractual, property or other relations, when one of the parties is at a disadvantage  Non-feasance (Article 27)
on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other  Refusal or neglect without just cause
handicap, the courts must be vigilant for his protection.
 Misfeasance
PARENS PATRIAE DOCTRINE
 Improper doing of an act which a person might do lawfully
 “Father of the Family”
 Malfeasance
 Refers to the sovereign power of the State to safeguard the rights of persons under disability such
 Doing of an act which a person ought not to do at all
as insane and the incompetent
 Protection of the underdog
Requisites:
 Social Justice
1. Public servant or employee refuses or neglects to perform
2. No valid reason for the refusal or neglect to perform official duty
Vigilant for his Protection - means that in case of doubt, the doubt must be resolved in favor of the
3. Injury or damage is suffered
underdog.

ARTICLE 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute Remedy: file an action for damages or other relief
public want or emergency may be stopped by order of the courts at the instance of any government or
private charitable institution. Note: this only cover Ministerial duties
THOUGHTLESS EXTRAVAGANCE
Requisites: ARTICLE 28. Prohibited competition: Unfair competition in agricultural, commercial or industrial
1. There is thoughtless extravagance in expenses enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust,
2. Extravagance is for pleasure or display oppressive or high-handed method shall give rise to a right of action by the person who thereby
3. There is a period of acute public want or emergency suffers damages.
4. A case is filed in court by a governmental or charitable institution UNFAIR COMPETITION

Remedy: Injunction APPLICATION OF ARTICLE 28: Characteristics

1. it must involve an injury to a competitor or trade rival; and
2. it must involve acts which are characterized as “contrary to good conscience” or unlawful

if it involves Patent or copyright> apply intellectual property law

ARTICLE 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has
not been proved beyond reasonable doubt, a civil action for damages for the same act or omission EXAMPLE: Illegal possession of firearms- no victim/no private offended party> victimless crime, hence only
may be instituted. Such action requires only a preponderance of evidence. Upon motion of the criminal aspect
defendant, the court may require the plaintiff to file a bond to answer for damages in case the ACQUITTAL
complaint should be found to be malicious. KINDS:
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so 1. Guilt of the accused is not proven beyond reasonable doubt
declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision - with civil liability
whether or not the acquittal is due to that ground. - Liability of the accused is not criminal but only civil
ACTION FOR DAMAGES - Civil liability does not base or arise upon the crime
Art. 1157. Obligations arise from:
(1) Law;
2. Liability of the accused is not criminal but only civil in nature
(2) Contracts;
- with civil liability
(3) Quasi-contracts;- lacks consents
(4) Acts or omissions punished by law;-delicts (RPC)
(5) Quasi-delicts-fault/negligence 3. Accused is not the author of the crime
- no civil liability
Delicts Quasi-Delicts - acquittal is based on pure innocence
punishment Reparation/payment - crime complained of does not exist

BASIS CRIMINAL ACTION CIVIL ACTION 4. Acquittal when the crime complained of did not exist
- no civil liability
Parties involved State v. defendant Offended party v. defendant
Rules involved Criminal procedure/penal code Civil procedure/civil code EFFECT OF DEATH
Quantum of evidence Proof beyond reasonable doubt Preponderance of evidence When the accused DIES:
Purpose For punishment of the offender For reparation of damages 1. before the case is filed: Criminal and Civil liability is extinguished
2. after final judgment: Civil liability is not extinguished
A single act or event can give rise to one, two, or several sources of obligation as a basis 3. pendency of the case: (if appeal made) Judgment to finality (within 15 days):
example: A drives a taxi then hit a tree due to intoxication. B is the owner of the taxi. C is the passenger, Criminal and Civil liability is extinguished
then C was injured from the accident. C filed cases both to A & B.
1. Crime/Delict: driver Article 89, RPC: Criminal and Civil liability arising from the crime is extinguished if death occurs before final
2. Quasi-delict: owner judgment
3. Contract (Contract of Carriage-obligation of the common carrier to bring you home safely): driver
 HOW MANY CASES: As many as he wants: CRIMINAL ASPECT ONLY
 Several basis A.) No private offended party
 Several causes of action B.) Even if there is a private offended party:
LIMITATION: Articke 2177: a person is entitled to collect only once> if collected in one, you  Offended party waives the civil action
cannot collect on others
CIVIL ASPECT ONLY
CIVIL ACTION BASED ON DELICT A.) Filed prior to the criminal action (Art. 104, RPC)
 Delict or Crime can give rise to:  Once criminal action is filed, civil action is suspended until final judgment of the criminal action;
a. Criminal (against the State) or
- Violation of a law  Merged and consolidated the civil and criminal case
- Right of the State to punish B.) Reservation of the right to file civil action
- Quantum of evidence: Proof beyond reasonable doubt  When to file: before the prosecution presents evidence (RULE 111 - PROSECUTION OF CIVIL ACTION)
- Moral certainty
b. Civil (against private individual)
- Implied to be instituted
- Right that was violated to a third party
- Quantum of evidence: Preponderance of evidence
ARTICLE 30. When a separate civil action is brought to demand civil liability arising from a criminal PRIMARY/PRINCIPAL LIABILITY
offense, and no criminal proceedings are instituted during the pendency of the civil case, a -no need for conviction/acquittal
preponderance of evidence shall likewise be sufficient to prove the act complained of. -directly liable
-you can sue employee without suing employer
ARTICLE 35. When a person, claiming to be injured by a criminal offense, charges another with the DEFENSE:
same, for which no independent civil action is granted in this Code or any special law, but the justice  Diligence in selecting and supervising of employee
of the peace finds no reasonable grounds to believe that a crime has been committed, or the  Diligence of a good father of a family to prevent damage
prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil
action for damages against the alleged offender. Such civil action may be supported by a DEPENDENT CIVIL ACTION INDEPENDENT CIVIL ACTION
preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to file a If not reserved: deemed impliedly instituted with Can proceed simultaneously and separately from the
bond to indemnify the defendant in case the complaint should be found to be malicious. criminal action criminal action regardless of the outcome of the latter
If during the pendency of the civil action, an information should be presented by the prosecuting If reserved: may be prosecuted independently but No need to make reservation
attorney, the civil action shall be suspended until the termination of the criminal proceedings. must await the outcome of the criminal case to
SEPARATE CIVIL ACTION which they are dependent
Death of the accused extinguishes civil liability Can still be instituted despite death
INDEPENDENT CIVIL ACTION Based on delict/crime Not based on delict. Based on other sources of
Instances when the law grants independent civil action: Death obligations:
 ART. 31 When the civil action is based on an obligation not arising from the act or omission complained Acquittal BASED ON INDEPENDENT CIVIL ACTION
of as a felony Conviction  ART. 31 When the civil action is based on an
 ART. 32 Breach of constitutional or other rights obligation not arising from the act or omission
 ART. 33 In their generic sense: defamation, fraud, physical injuries complained of as a felony
 ART. 34 refuses or failure of a city or municipal police force to render aid or protection  ART. 32 Breach of constitutional or other rights
Principal liability: member of the police  ART. 33 In their generic sense: defamation, fraud,
Subsidiary liability: city/municipal gov’t physical injuries
 ART. 2176 Quasi-delicts  ART. 34 refuses or failure of a city or municipal
police force to render aid or protection
 ART. 2176 Quasi-delicts
ARTICLE 32. Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and Q: If the offended party is the passenger, is there a need to file a reservation before filing a civil
liberties of another person shall be liable to the latter for damages
action?
ACTION FOR VIOLATION OF CONSTITUTIONAL RIGHTS AND LIBERTIES
A: It depends on crime- no if independent civil action if based on other sources of obligations
- Directly or indirectly defeat, obstruct, violate or in any manner which impeded or impairs rights and
liberties
Q: If civil action based on other sources of obligations?
- Bad faith or intent is not required
A: Independent civil action can still be pursued
- Damages: Nominal Damages
- Liable: Public Officer or Employee
Private Individuals
(except judges if their acts amounts to crime- ex: warrant)

` SUBSIDIARY LIABILITY
-wait for the conviction of the accused; if the employee is liable and no means to pay, you can sue
the employer
Requisites
(1) they are indeed the employers of the convicted employees;
(2) they are engaged in some kind of industry;
(3) the crime was committed by the employees in the discharge of their duties; and
(4) the execution against the latter has not been satisfied due to insolvency
ARTICLE 36. Pre-judicial questions, which must be decided before any criminal prosecution may be PERSONS AND PERSONALITY
instituted or may proceed, shall be governed by rules of court which the Supreme Court shall PERSON
promulgate and which shall not be in conflict with the provisions of this Code. -Any being natural or artificial, capable of possessing legal rights or obligations, or being the subject to legal
Prejudicial Question relations and capacity to enter to legal relations
- that which arises in a case, the resolution of which is a logical antecedent of the issue involved in the
said case
CLASSES:
Civil Case Issue Criminal Case
Is determined Natural/Physical vs. Juridical/Artificial
whether or not - Human beings - No physical presence
the accused can - Physical Person or entity
be held liable in - Tangible - Creation of Law
a criminal case
Elements: - Artificial beings to which the law grants a personality separate and
1. the previously instituted civil action involves an issue similar or intimately related to the issue raised distinct from each individual member composing it and susceptible
in the subsequent criminal action rights and obligations or being subject to legal relations
2. the resolution of which issue determines whether or not the criminal action may proceed
3. CIVIL PERSONALITY
CIVIL CASE FIRST (SUSPEND)> CRIMINAL CASE (PROVE) - the quality of being a person; the aptitude of that becoming the subject, active or passive, of juridical
relations
Effects: it will suspend proceeding in criminal case
Who can invoke: only the accused ARTICLE 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in
Application of Prejudicial Question: if the cases involve criminal and civil action every natural person and is lost only through death. Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost.
JURIDICAL CAPACITY AND CAPACITY TO ACT
Purposes:
 for orderly administration of justice (speedy trial)
JURIDICAL CAPACITY - the fitness to be the subject of legal relations; it is inherent in every natural person
 to avoid conflicting decisions
and is lost only through death.
Remedies: CAPACITY TO ACT - the power to do acts with legal effect; it can be acquired and may be lost.
 File a petition for suspension to the Office of the Prosecutor conducting the preliminary investigation
 File a petition for suspension to the court at any time before the prosecution rests JURIDICAL CAPACITY CAPACITY TO ACT
Revised Guidelines for continuous trial of Criminal Cases Passive Active
 Prohibited Motion: civil case filed first Inherent Acquired (upon reaching the age of majority)
 Meritorious Motion: civil case filed first Lost only through death Lost through death and other means
Can exist even without capacity to act Always exist with juridical capacity
 Archiving Motion: suspension for an indefinite period
Unlimited/cannot be restricted Limited/can be restricted by circumstances
Illustrations:
a. FACTS: H and W1 are separated in fact. H contracted a subsequent marriage with W2. W1 filed a case for Juridical Capacity + Capacity to act = FULL CIVIL CAPACITY
bigamy against H. H filed a civil action for the declaration of nullity of the 2 nd marriage on the ground of
lack of license. HELD: NO prejudicial question because the 2nd marriage is ostensibly valid. Besides, the Civil Personality
1st marriage still exists. Starts (Art. 40) Ends (Art. 42)
b. FACTS: Same with the first but this time, the civil action filed by the husband is for the declaration of Birth (Art. 41) Death
nullity of the 1st marriage for lack of license. HELD: NO prejudicial question because of violation of Art 40
of FC. Civil Indemnity: for rights violated
c. FACTS: H and W are legally married. H has an illegal affair with GF. W filed a criminal case for
o Transferred to heirs upon death
concubinage. H filed a civil action for the declaration of nullity of the marriage on the ground of lack of
o To claim: person whose right was violated
license. HELD: NO prejudicial question because the marriage is presumed to be valid and existing.
d. FACTS: H and W are legally married. H contracted a subsequent marriage with GF. W filed a criminal case
foe bigamy. H filed an action for annulment of the 2nd marriage on the ground that his consent was
vitiated. HELD: There is prejudicial question because the civil case is determinative of whether the
criminal action will prosper.
ARTICLE 40. Birth determines personality; but the conceived child shall be considered born for all  Imbecility
purposes that are favorable to it, provided it be born later with the conditions specified in the - Adult physically but child in the mind
following article. - No Lucid Intervals
PRESUMPTION OF CIVIL PERSONALITY  Deaf-mute
- A conceived child, although bas yet unborn, shall be considered born for all purposes - Inability read or write
that are favorable to it  Physical Incapacity
- It is essential that the child be subsequently born - Article 820, Civil Code
- Not born: considered never having legal personality  Penalty
- Can have favorable donation even during stage of pregnancy - Disqualification from public office or appointed
 Civil Interdiction
- Accessory penalty
ARTICLE 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely - example:
delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven Deprivation of Parental Authority
months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the
 Marital Authority
maternal womb.
 Be the guardian
 Prodigality
Born:
- Under guardianship only
Intra-uterine life at least 7 months/above
 Family relations- husband and wife cannot sell to each other
 Completely delivered from the mother’s womb
 Alienage/Nationality- no land ownership
 Removal of the umbilical cord (crying)
 Insolvency- bankruptcy
 Trusteeship
Intra-uterine life of less than 7 months
- Hold property on behalf of a person
 Live for at least 24 hours after complete delivery
 Absence- a person who has left his domicile
 Respiration: alive, considered born
If death was proven: civil indemnity and moral damages at times for pre moral suffering  Provisional Absence: temporary
 Declared Absence: petition for declaration of absence (Art. 384)
Juridical Capacity + Capacity to act = FULL CIVIL CAPACITY The appointment referred to in the preceding article having been made, the judge
shall take the necessary measures to safeguard the rights and interests of the
RESTRICTIONS OR MODIFICATIONS OF CAPACITY TO ACT absentee and shall specify the powers, obligations and remuneration of his
Capacity to act (18 years old and above) representative, regulating them, according to the circumstances, by the rules
- Subject to cessation, modification and ratification concerning guardians.
(Articles 38 and 39) Effectivity of Date of declaration of Absence: 6 months after its publication in a
newspaper of general circulation
 Age (Minority) Effect of Absentee: Art. 393
- Minors cannot enter into contracts Whoever claims a right pertaining to a person whose existence is not recognized must
- Exceptions: assisted by guardians prove that he was living at the time his existence was necessary in order to acquire said
Contract of Necessities right.
Civil Liability Presumptive Death: Art. 390
- Article 14, Family Code After an absence of seven years, it being unknown whether or not the absentee still lives,
- Article 797, Civil Code he shall be presumed dead for all purposes, except for those of succession.
- Article 1327 (1), Civil Code Effect of Return of Absentee:
 Advanced Age: not limited; not only limit if it will impair mental faculties Recover property or proceeds of sale of the property
 Capacity is always presumed
 Insanity ARTICLE 42. Civil personality is extinguished by death.
- Civilly liable (use your properties)-at the time the act done, there must be insanity Physical Personality is not equal to death of civil personality
- Article 789 and 1327, Civil Code Civil Personality is extinguished by death
- Sane: proof of Lucid Interval  The effect of death upon the rights and obligation of the deceased is determined by law, contract and by
will
ARTICLE 43. If there is a doubt, as between two or more persons who are called to succeed each other, ARTICLE 44. The following are juridical persons:
as to which of them died first, whoever alleges the death of one prior to the other, shall prove the (1) The State and its political subdivisions;
same; in the absence of proof, it is presumed that they died at the same time and there shall be no (2) Other corporations, institutions and entities for public interest or purpose, created by law; their
transmission of rights from one to the other. personality begins as soon as they have been constituted according to law;
SUCCESSION (3) Corporations, partnerships and associations for private interest or purpose to which the law grants a
juridical personality, separate and distinct from that of each shareholder, partner or member.
Survivorship
- Doubt as to who died first. Whoever alleges the death of one prior to the other shall have to prove the Governed by:
same THEORY OF SPECIAL CAPACITIES
- Disappearance becomes relevant if they left properties - Exercise powers that is expressly given to them including incidental powers
- Powers not given cannot be done validly
Rule on Survivorship - Examples:
Burden of proof: If there is a doubt, as between 2 or more persons who are called to succeed each other, as o Acquire or possess property of all kinds
to which of them died first, whoever alleges the death of one prior to the other, shall prove the same. o Incur obligations
o Bring civil or criminal actions
Presumption: In the absence of proof, it is presumed that they died at the same time.
ARTICLE 46. Juridical persons may:
Effect of presumption: There shall be no transmission of rights from one to the other. 1. Acquire and possess property of all kinds,
2. Incur obligations
Elements of Art 43: 3. Bring civil or criminal actions
a. There is no proof which of 2 persons died first; and
b. They are called to succeed each other. JURIDICAL PERSONS can only sue and cannot be sued because they are not those persons who will be liable
who commit such criminal act.
Rule 131, Section 3 (jj)
When two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown DOMICILE
who died first, and there are no particular circumstances from which it can be inferred, the survivorship is
presumed from the probabilities resulting from the strength and age of the sexes, according to the following ARTICLE 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of
rules: natural persons is the place of their habitual residence.
Under 15 Under 15 Older
Above 60 Above 60 Younger ARTICLE 51. When the law creating or recognizing them, or any other provision does not fix the
domicile of juridical persons, the same shall be understood to be the place where their legal
Under 15 Above 60 Under 15
representation is established or where they exercise their principal functions.
Over 15 but under Over 15 but under
MALE
60 (female) 60 (male)
DOMICILE & RESIDENCE IN POLITICAL LAW: THE SAME
Over 15 but under Over 15 but under
Under 15
60 60
Over 15 but under Over 15 but under Domicile Residence
Over 60
60 60 more or less permanent more or less temporary
a person can have generally only one domicile a person can have several places of
(kk) If there is a doubt, as between two or more persons who are called to succeed each other, as to which of residence
them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of denotes a fixed permanent residence to which when denotes a place of abode (physical
proof, it is presumed that they died at the same time. absent, one has the intention of returning (legal relation to relation to a place)
a place)
Elements On Survivorship under the Rules of Court: domicile is residence coupled with the intention to remain residence is not domicile
a. There is no proof which of 2 persons died first; for an unlimited time
b. They must have died during a calamity; and
c. They are not called to succeed each other. animus revertendi is a Latin phrase that means "With
intention to return".
Kinds of Domicile: MARRIAGE - is a special contract of permanent union between a man and a woman entered into in
1. Domicile of Origin (Domicilium Originis) accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an
- Domicile of parents at the time the child was born inviolable social institution whose nature, consequences, and incidents are governed by law and not subject
to stipulation, except that marriage settlements may fix the property relations during the marriage within the
2. Constructive Domicile limits provided by this Code. (Art 1, FC)
- Domicile given to the child after birth by operation of law on account of legal disability
MARRIAGE VS. ORDINARY CONTRACT
3. Domicile of Choice 1. Marriage is a special contract; and ordinary contract is just a mere contract.
2. Marriage is governed by law on marriage; an ordinary contract is governed by law on contacts.
- The place freely chosen by a person sui juris
3. Marriage is an inviolable institution; an ordinary contract is not.
4. Marriage is not subject to stipulation except only with regard to marriage settlement which the parties
Migration may agree upon before the marriage; an ordinary contract is subject to stipulation.
- Permanent home 5. In marriage, the contracting parties must only be 2, one is a male and the other is a female; in ordinary
- Changing domicile contract, there can be 2 or more parties and the difference of gender is not material.
6. Marriage is terminated by death or annulment due to legal cause, i.e., it cannot be terminated without the
Changing Domicile consent of the state; an ordinary contract is terminated upon expiration of the term of the contract, upon
- An actual removal or an actual change of domicile fulfillment of the condition for which it was entered into, rescission, mutual agreement of the parties or
- A bonfide intention of abandoning the former place of residence and establishing a new one through other causes.

RULES: MARRIAGE: SPECIAL CONTRACT

1. A man must have a domicile somewhere  A contract between a man and a woman and the state
2. A domicile once established remains until a new one is acquired  A social institution
3. 1 domicile at a time  If broken: weaken the social institution
4. Residence  Union is permanent
5. No length of residence without intention of remaining will constitute domicile - Terminated by:
1. Death
2. Declaration of Nullity
3. Divorce obtained by a foreigner spouse
 In accordance with the law
Domicile vs Citizenship/Nationality  Nature, consequences and incidents are governed by law
Domicile is a place of abode. While citizenship/nationality indicates ties, allegiance and loyalty to the o Can agree with property relations
government. o Marriage settlement: before marriage
o Judicial Separation of property: after marriage
****FAMILY CODE****
FAMILY CODE OF THE PHLIPPINES PROOF: MARRIAGE CERTIFICATE
(Executive Order No. 209) - Best proof
REASONS FOR ENACTMENT: - Without this, it doesn’t mean that no marriage took place
 to address the insufficiencies and lapses of the Civil Code Others:
 to adapt with the changing times (Dela Rosa v. Heirs of Rustia, G.R No. 155733, 2006)
 to be inclined with Filipino culture and customs  Certificate of Identity
 Passport
Executive Order No. 209  Veterans Application for pension/Compensation for disability
Effectivity: August 3, 1988  Titles to properties
(Memorandum Circular No. 85)  Testimony
Published: August 4, 1987
Calimag v. Heirs of Macapaz, G.R. No. 191936, 2016)
Retroactive Application  Marriage Certificate: Original Copy – Certified Copy
The code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in  Public Documents:
accordance with the Civil Code or other laws. (Article 256)  No need for someone to testify
  Prima Facie Evidence: Regular, Good, Sufficient Evidence 2. Consent
 Private Documents: -Mutual, freely, voluntarily, intelligently given
 Needs someone to testify: identify and authenticate -Signify your intention
 18-21 years old: needs Parental Consent before contracting marriage
Presumption in Favor of Existence and Validity of Marriage  21-25 years old: needs Parental Advice before contracting marriage
A man and a woman deporting themselves as husband and wife have entered into a lawful contract of  EXCEPT for cases of illegitimate children where it requires Father, Mother and person having legal
marriage. This legal presumption may be rebutted by evidence showing that marriage did not actually take charge of the child
place.
Absence of any of the essential requisites?
Elements of Presumption of Marriage
Answer: Void ab initio
1. Cohabitation of man and woman
2. Accompanied with intent to dispose marital obligations
Art. 3. The formal requisites of marriage are:
3. Public deportment or representation as husband and wife.
(1) Authority of the solemnizing officer;
Proof to Disprove the Presumption (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
The fact that there was no record of the marriage is not sufficient to prove that there is no marriage. To (3) A marriage ceremony which takes place with the appearance of the contracting parties before the
overcome the presumption, one or both are in fact married to another. solemnizing officer and their personal declaration that they take each other as husband and wife in
the presence of not less than two witnesses of legal age.
Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer.
I. Essential Requisites
1. Legal Capacity
- in accordance with Article 15 (National Law)
A. Age
B. Sex/Gender
 Determined:
1. At Birth (Physical Exam)
 Immutable
 Cannot be changed
 No law allowing change in an entry to the birth certificate
Illustration:
FACTS: X, a Filipino male. In his certificate of live birth, it was indicated that he is male. Later, he publicly
represented himself as a woman. Eventually, he underwent sex reassignment. He now anatomically
possessed of genetalia of a woman. He then filed a petition for the correction of entry so that male will be
change to female so that he could marry another male. Will the petition for correction of entry be granted?
HELD: NO, because there is no mistake of entry to speak of. The law does not recognize correction of entries
on the ground of sex reassignment, otherwise, such may disturb public interest and policy. Besides, there is
no law regulating sex reassignment. (Silverio vs. Republic, October 22, 2007)

Note: Civil Registry – historical record of all acts, events, judicial decrees that affects rights, duties, status,
condition, and legal capacity of persons. Birth Certificate is a historical record of facts at birth. What may be
changed are clerical or typographical errors, ridiculous name, etc.
C. Absence of legal impediment
Examples of Legal Impediment
1. Prior subsisting marriage
2. Relationship - Incestuous marriages (Art. 37) and Quasi-incestuous marriages (Art. 38)
3. Public Policy (e.g. last par of Art 38)