PERSONS AND FAMILY RELATIONS MIDTERM REVIEWER

I. Effect and application of laws A. When laws take effect The New Civil Code took effect on August 30, 1950 General Rule: 15 days after completion of publication in the Official Gazette or newspaper of general circulation Exception: The law can provide for its own date of effectivity, i.e, less than or greater than 15 days after publication Publication is MANDATORY, even if the law provides its own date of effectivity Publication must be in full since its purpose is to inform the public of its contents The people are deemed to have conclusively been notified of the law even if they have not read them Covered by publication requirement: - Presidential decrees and executive orders - Administrative rules and regulations, if their purpose is to enforce or implement existing law pursuant to a valid legislation - All those with general applicability Not Covered by publication requirement: - Interpretative regulations and those administrative regulations internal in nature - Letters of instructions - Municipal ordinances (covered by LGC) PESIGAN VS ANGELES Publication is necessary to apprise the public of the contents of the regulations and make the said penalties binding on the persons affected hereby. Justice and fairness dictate that the public must be informed of that EO by means of the

publication on the OG. TANADA VS TUVERA Publication of presidential issuances of public nature or of general applicability is a requirement of due process. Before a person may be bound by the law, he must first be officially and specifically informed of its contents. Presidential issuances of general application which have not been published have no force and effect Admin Code of 1987 - 3 certified copies of rules issued by every government agency such rules take effect 15 days after filling

NATIONAL ELECTRIFICATION ADMIN VS GONZAGA FUENTES VS ROCA B.Ignorance of the law Ignorance of the law excuses no one from compliance therewith. (Ignorantia juris neminem excusat) Dictated by necessity Actual ignorance of the law would thus afford immunity KASILAG VS RODRIGUEZ Gross and inexcusable ignorance of the law may not be the basis of good faith but excusable ignorance may be such basis if it is based upon ignorance of fact. - Exception to the rule: error arising from complex legal principles and conflicting interpretations of doctrines (mortgages, etc) ELEGADO VS COURT OF APPEALS Foreigners cannot be any less bound by our laws in our own country. Elegado was a Filipino lawyer representing the foreign companyshows ignorance of the law C. Retroactivity of Laws

General Rule: Laws are not retroactive Exceptions: 1. Penal laws when favorable to the accused who is not a habitual delinquent (RPC 22) 2. Interpretative statutes those interpreting or explaining other statutes 3. When the law itself expressly provides Exceptions: (a) Ex post facto law; (b) when retroactivity impairs the obligation of contract 4. Remedial Statutes when favorable to accused unless vested rights are to be impaired 5. Curative statutes 6. Emergency laws 7. Laws creating new rights FRIVALDO VS COMELEC Repatriation of Frivaldo retracted to the date of the filing of his application on August 17, 1994. ARUEGO VS CA An action for compulsory recognition and enforcement of successional rights which was filed prior to the advent of the Family Code must be governed by Article 285 of the Civil Code and not by Article 175 of the Family Code. Its application will prejudice the vested rights of private respondent to have her case decided under Article 285 of the Civil Code. D.Mandatory and Prohibitory Laws General Rule: Acts violating mandatory or prohibitory laws are void; these are generally binding Exceptions: 1. When the law itself authorizes their validity 2. When law makes the act only voidable and not void 3. When law makes the act valid but punishes the violator E. Waiver of Rights General Rule: Rights may be waived unless contrary to law, public order,

public policy morals, good customs or prejudicial to a third person with a right recognized by law Elements of Rights:. Subject - Active or entitled to demand the enforcement of the right - Passive or duty bound to suffer its enforcement Object things or services to satisfy human wants, physical or spiritual Efficient Cause the fact that gives rise to legal relation Kinds of Rights: Political participation of persons in the government of the State Civil all others - Rights of personality human rights, arise from the fact of being a man - Family Rights rights of a person as a member of a family - Patrimonial Rights property for their object, economic satisfaction Renunciation of Waiver: The right, benefit or advantage must exist at the time of the waiver Knowledge of such existence Intention to relinquish it Voluntary choice

Requirements of Waiver: He must actually have the right which he renounces He must have the capacity to make the renunciation The renunciation must be made in a clear and unequivocal manner PEFTOK INTEGRATED SERVICES VS NLRC Quitclaims were prepared and readied by PEFTOK and employees were forced to sign the same for fear that they would not be given their salary on pay day, and worse, their services would be

terminated if they did not sign the said quitclaims under controversy = no voluntariness **Quitclaims that derogate workers rights are prohibited DM CONSUNJI VS CA Claims for damages sustained by workers in the course of their employment could be filed under the Workmens Compensation Law, to the exclusion of all further claims under other laws. The CA held that the case at bar came under exception because private respondent was unaware of petitioner -Wife who availed of employees compensation for her husbands death did not waive her right to bring a civil action for damages FERRER VS DIAZ - Hereditary rights cannot be waived when parents are alive, because these are mere inchoate, and not in esse - we can only waive rights that we currently have, we cannot waive a future right

earlier law THORTON VS THORTON The FC did not empower the family courts to exclusively issue writs of habeas corpus and it did not revoke the capacity of SC and CA to issue writs of habeas corpus. In relation to the word exclusive, although it is assumed that the language of the laws should follow common understanding, the spirit of the law and intention of the lawmakers come first than legal technicalities - FCourt Acts (RA 8639) did not repeal BP129 LLEDO VS LLEDO Repeals by implication are not favored. Thus, GSIS premiums can be claimed by person dismissed from the service, pursuant to Commonwealth Act 186 despite passage of subsequent laws that do not mention return of premiums G.Judicial Decisions General Rule: Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines Doctrine of Stare Decisis requires courts to follow the rule established in earlier SC decisions. However, the doctrine is not inflexible, so that when in the light of changing conditions, a rule has ceased to be beneficial to society, courts may depart from it. DE ROY VS CA There is no law requiring the publication of SC decisions in the OG before they can be binding. Duty of lawyer in active practice to keep abreast of SC decisions particularly where issuances have been clarified, consistently reiterated, and published in advanced reports of GRs and in the SCRA and law journals PESCA VS PESCA The interpretation placed upon the written law by a competent court has

F. Repeal of Laws General Rule: Laws are repealed only by subsequent ones. As much as possible, laws must coexist with each other Kinds of Repeal: Express or declared repeal contained in a special provision of a subsequent law Implied or tactic repeal takes place when the provisions of the subsequent law are incompatible or inconsistent with those of an earlier law Requisites: Both laws cover the same subject matter The latter law is repugnant to the

the force of law. The intendment of the law has been to confine the meaning of psychological incapacity to the utmost serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage H.Duty to render judgment General Rule: No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws In applying the law, the court should discover and give effect to its spirit. The spirit of the law may be found in the precedents which served as its basis as well as in the history of its formation I. Presumption and Applicability of Customs Customs juridical rule which results from a constant and continued uniform practice by the members of a social community, with respect to a particular state of facts, and observed with a conviction that is juridically obligatory Local custom as a source of right cannot be considered by a court of justice unless such custom is properly established by competent evidence like any other fact must be proved as a fact Juridical custom must be differentiated from social custom. Juridical custom can supplement statutory law or applied in the absence of such statute. Custom, even if proven, cannot prevail over a statutory rule or even legal rule Customs as judicial notices Mandatory (no need to prove it) and Discretionary (evidence must be presented to prove a certain fact) judicial notice Requisites of Custom:

Plurality of acts Uniformity or identity of the acts General practice by the great mass of the social group Continued practice by these acts for a long period of time General conviction that practice corresponds to a juridical necessity Practice must not be contrary to law MARTINEZ VS VAN BUSKIRK Acts, the performance of which has not proven destructive or injurious and which have been generally acquiesced in by the society for so long a time has to have ripened into a custom, cannot be held to be unreasonable or imprudent and that, under the circumstances, the driver was not guilty of negligence in so leaving his team while assisting in unloading his wagon ALONZO VS PADUA Hard cases make bad laws. There was really no written notice given by the vendors to their co-heirs. Strictly applied and interpreted, Article 1088 can lead to only one conclusion to wit, that in view of such deficiency, the 30day period for redemption had not begun to run, much less expire in 1977. Right and justice must prevail J. Legal Periods General Rule: 365 days each year, 30 days in one month, 24 hours in a day, nights from sunset to sunrise. If months are designated by name, the shall be computed by number of days which they respectively have Computing a period, first day shall be excluded and last day included ARMIGOS VS CA NCC13 is similar, but not identical to Art4 of the Code of Civil Procedure which provided that unless otherwise specifically provided, the time within which an act is required by law to be

done shall be computed by excluding the first day and including the last; and if the last be Sunday or a legal holiday, it shall be excluded. - 15 day appeal period by the day, not by the hour; however, compute habeas corpus 48 hour appeal period by the hour NAMARCO VS TECSON Years defined as 365 days, months are of 30 days not the natural or solar months unless they are designated by name. Change in legislation should be done by the congress - Action to revive judgment is 10 years. Count 365 days X10 = 3650 days. Action here filed 2 days late because of 2 leap year within the 10 year period GO VS DIZON Art 23 of the Interim Rules and Guidelines promulgated by this Court to implement BP129 clearly states: Perfection of Appeal in cases where appeal is taken, the perfection of the appeal shall be upon the expiration of the last day to appeal by any party. - Under ROC, judgment debtor can redeem within 12 months from date of sale (date of registration of sale). If one month equals 30 days, 12 months should mean 360 days, not 365 days (dissenting) QUIQUI VS BONCAROS Their Motion of Reconsideration, although dated Aug 16, 1979, was filed with the trial court on Aug 17, 1979 or one day beyond the 30-day reglementary period prescribed by Section 3 of Rule 41which states that appeal may be taken by serving upon the adverse party and filing with the trial court within 30 days from notice of order or judgment, a notice of appeal, an appeal bond, and a record on appeal. The time during which a motion to set aside the judgment or order or for a new trial has been pending shall be deducted, unless such motion fails to satisfy the requirement of Rule 37.

K.Applicability of Penal laws General Rule: Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and treaty stipulations RAYRAY VS CHAE KYUNG LEE No competent evidence that Korean laws permit bigamy or polygamy. Presumed to be the same as our laws. Marriage laws.. L. Binding Effect General Rule: Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the PH even though living abroad Nationality Principle Art 26 valid here, valid everywhere TENCHAVEZ VS ESCANO A foreign divorce between Filipino citizens, sought and decreed after the effectivity of the NCC, is not entitled to recognition as valid in the Philippines; and neither is the marriage contracted with another party by the divorced consort, subsequently to the foreign decree of divorce, entitled to validity in this country. ATCI OVERSEAS CORP VS ECHIN Party invoking the application of foreign law has the burden of proving the law, under the doctrine of processual presumption General Rule: Real property as well as personal property is subject to the law of the country where it is stipulated. 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 the said property may be found. Testate with will Intestate no will

BELLIS VS BELLIS Texas law applies to matters of succession, re the state of Amos Bellis, following the principle in Art 16 General Rule: Forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they are executed. GERMAN VS DONALDSON Power of attorney executed in Germany, should be tested as to its formal validity by the laws of that country and not the CC. KAZUHIRO HASEGAWA VS KITAMURA A contract is binding, as between two Japanese nationals, executed in Japan. General Rule: In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. ATTY MARIETTA D ZAMORONOS VS PEOPLE AND SAMON II. Persons and Personality A. Concept of a person and personality NCC37: Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in 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. Kinds of Capacity: Juridical Capacity

Legal capacity Personality Aptitude for the holding and enjoyment of rights Fitness of man to be the subject of legal relations Capacity to Act aptitude for the exercise of rights referred merely as capacity ability, poser, qualification, or competency or persons, natural or artificial, for the performance of civil acts depending on their state or condition as defined or fixed by law power to do acts with legal effect CAPACITY TO ACT Active Merely acquired Lost through death and other causes Cannot exist without juridical capacity Can be modified, restricted or limited

JURIDICAL CAPACITY Passive Inherent Lost only through death Can exist without capacity to act Cannot be limited/restricted

NCC38: Minority, insanity or imbecility, the state of being deaf-mute prodigality and civil interdiction are mere restrictions on capacity Minority is now 19 years old a person below such age is a minor, and has a limited capacity to act. The unemancipated minor cannot enter into contracts but he may be estopped from disavowing his contract if he has misled the other party as to his age.

NCC39: The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alien-age, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this

Code, other codes, the ROC, and in special laws. Capacity to act is not limited on account of religions belief or political opinion. A married woman, 21 years of age or over, is qualified for all acts of civil life, except in cases specified by law. Elements of Civil Capacity Juridical Capacity vs Personality Theory of General Capacities Applies to natural persons One has the ability to do all things with legal effects except only in those specific circumstances where the capacity to act is restrained Theory of Special Capacities Applies to juridical persons The powers of juridical persons are limited only to those that are expressly conferred upon them or those which can be implied therefrom or incidental thereto

later, such that if it is not born alive, its personality disappears as if it had never existed. Separation from mother cutting of the umbilical cord and is enough that the child lives even for an instant. But if it had an inter-uterine life of less that 7 months, only if it lives for at least 24 hours after its complete delivery from the maternal womb will it be considered born FC 164 children conceived as a result of artificial insemination are legitimate provided that both parents authorized such insemination in a written instrument before the birth. GELUZ VS CA A dead child has no right. QUIMIGING VS ICAO Icao succeeded in raping Quimiguing and the latter became pregnant as a result of. Quimiging claims support, damages and fees. As provided by NCC40, child, as since time of conception, having fulfilled the requirement of having born later, has a right to support from its progenitors. DE JESUS VS SYQUIA Breach of promise to marry and for defendant to recognize and support her two children. RTC did not grant damages for breach of contract as it has no standing in civil law. - Child was recognized despite the change of name form what was prearranged CONTINENTAL STEEL VS MONTANO Parent is entitled of bereavement leave from the death of a legitimate dependent child b. Death NCC42: Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

B. Commencement and termination of personality 1. Natural Persons a. Birth NCC40: Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the condition specified in the following article. Birth removal of the fetus from the mothers womb; may be natural or artificial Fetus is not a person, because of the expectancy that it may be born, the law protects it and reserved its rights, making its legal existence, if it should be born alive, retroact to the moment of its conception Personality of Conceived child (1) limited only for purposes favorable to the child; (2) provisional or conditional, depends on the child being born alive

Doubts as to the order of death: As between two or more persons called to succeed each other, if there is doubt as to which of them died first, whoever alleges the death of prior to the other shall prove the same, in the absence of proof. It is presumed that they died at the same time and there shall be no transmission of rights from one to the other. LIMJOCO VS INTESTATE ESTATE OF FRAGRANTE Estate may continue personality. The state or the mass of property, rights and assets left by the decedent, instead of heirs directly, become vested and charged with his rights and obligations which survive after his demise. Under the present legal system, rights and obligations which survive after death have to be exercised and fulfilled only by the estate of the deceased. DUMLAO VS QUALITY PLASTICS Service summons on a dead person is void. He had no more civil personality. His juridical capacity was lost through death. EUGENIO VS VELEZ A man and woman not legally married who cohabit for many years as husband and wife, who represent themselves to the public as husband and wife, and who are reputed to be husband and wife in the community where they live may be considered legally married in common law jurisdictions, but not in the PH. Right to bury a dead person does not include common law husband who is still married. MARCOS VS MANGLAPUS Death of Marcos has not changed the factual scenario under which the courts decision was rendered. Threats to the government, to which the return of the Marcoses has been viewed to provide a catalytic effect, have not been shown to cease. Proof of death; NCC43; ROC (kk): Applies only to persons who are called

to succeed each other. Otherwise, Rules of Court shall apply. The proof of death must be established by positive evidence. Proof of death can never be established from mere inference arising from another inference or from presumptions or assumptions. for succession only Rules of Court 131 SC (jj-kk) When two persons perish in the same calamity, and it is not shown who died first, and there are no particular circumstances form which it can be inferred, the survivorship is determined from the probabilities resulting from strength and the age of the sexes. Rules: If both under 15, older survived If both about 60, younger survived If 1 is under 15 and 1 above 50, former survived If both over 15 and under 60 and sex different, male survived, if same sex, older survived If one be under 15 or over 60 and other between those ages, latter survived JOAQUIN VS NAVARRO Evidence of survivorship need not be direct, it may be indirect, circumstantial or inferential. Where there are facts, known or knowable, from which a rational conclusion can be made, the presumption does not step in, and the rule of preponderance of evidence controls. 2. Juridical Persons Who are juridical persons? NCC44 - State and its political subdivisions - Other corporations, institutions, and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law - Corporations, partnerships and assocs for private interest or purpose to which the law grants a juridical personality separate and distinct from that of each share

holder, partner or member. * Single proprietorship form of business and not a juridical person. Then the action must be brought in the name of the owner and not the business NCC45: The juridical person mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them. Private corporations are governed by laws of general application on the subject. Partnerships are associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. NCC46: Juridical persons may acquire and posses property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. NCC47: Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same. Art. 1767. By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. Two or more persons may also form a partnership for the exercise of a profession. (1665a) Art. 1768. The partnership has a judicial personality separate and distinct from that of each of the

partners, even in case of failure to comply with the requirements of Article 1772, first paragraph. (n) JUASING VS HARDWARE - Single proprietorship business cannot be sued under the name of the business, but under the name of the individual/owner C. Restrictions on civil capacity 1. Presumption of Capacity CATALAN VS BASA A person suffering from schizophrenia does not necessarily lose his competence to intelligently dispose his property. In order for donation or property to be valid, what is crucial is the donors capacity to give consent at the time of donation. 2. Restrictions on capacity to Act NCC38 - Minority, insanity, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. NCC39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n) NCC1327 - The following cannot give consent to a contract: (1) Unemancipated minors; (2) Insane or demented persons, and deaf-mutes who

do not know how to write. (1263a) a. Minority - Age of Minority RA 6809, Dec 13, 1989, Age of minority from below 21 to below 18 - Rules on Guardianship - Suffrage - Marriage Any male or female of the age of 18 or upwards not under any of the impediments mentioned in Art 37 and 30 may contract marriage - Contracts contracts become voidable or annullable if party is incapable of giving consent; when defect of contract consists in incapacity of one of the parties, the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing received. When a minor between 18 and 21 who has entered into a contract without consent of parent/guardian, after the annulment of the contract voluntarily returns the whole thing received. When a minor.voluntarily pays a sum of money or delivers a fungible thing in fulfillment of the obligation, there shall be no right to recover

obligation assumed by them or to seek their annulment. BAMBALAN VS MARAMBA The sale is void as to the plaintiff, because he was a minor at the time of execution. The doctrine of Mercado v Espiritu is not applicable to this case, because the plaintiff did not pretend to be of age, and the defendant knew him to be a minor. - void because no active misrepresentation SUANCHIAN VS ALCANTARA Under the doctrine laid down by Mercado v Espiritu, herein followed, to bind a minor who represents himself to be of legal age, it is not necessary for his vendee to actually part with cash, as long as the contract is supported by a valid consideration. The circumstance that about one month after the date of the conveyance, the appellee informed the appeallants of his minority, is of no moment, because appellees previous misrepresentation had already estopped him from disavowing the contract. BRAGANZA VS VILLA-ABRILE The failure of the minor to disclose his minority when making a contract does not per se, constitute a fraud which can be made a basis of an action of deceit. Although the written contract is UNENFORCEABLE because of non-age, however, the minor shall make restitution to the extent that he may have profited by the thing he received. a. If a person is benefited although incapacitated (minor, insane, etc.) to enter a contract, he must pay back/return it. - Criminal Liability RPC12: The following are exempt from criminal liability: (2) A person under 9 years of age (now modified to 15) and (3) A person over 9 years and under 15 unless he has acted with discernment in which case, such minors shall be proceeded against in accordance with Art 80 of this code

**If one is minor, other is not contract is voidable If both minors - unenforceable MERCADO VS ESPIRITU The sale of real estate, effected by minors who have already passed the ages of puberty, and adolescence and are near the adult age when they pretended to have already reached their majority when in fact they have not, is VALID, and they cannot be permitted afterwards to excuse themselves from compliance of the

RA9344: Juvenile Justice and Welfare Law 0-15 years old: exempt from criminal liability 15-18: exempt act with discernment RPC13: Mitigating Circumstances: If offender is under 18 or over 70. ATIZADO VS PEOPLE Burden is not on minor to prove that he is a such. Insanity - Marriage FC45(2): A marriage may be annulled for any of the following causes, existing at the time of marriage: (2) That either party was of sound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife. - Contracts NCC1326(1): The following cannot give consent to a contract: Unemancipated minors NCC1328: Contracts entered into during a lucid interval are valid. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable. - Criminal Liabilty RPC12: The following are exempt from criminal liability: (1) an imbecile or an insane person, unless the latter has acted during a lucid interval Rules of Court 101 S4: When in the opinion of the Director of Health, the person ordered to be committed to a hospital or other place for the insane is temporarily or permanently cured, or may be released without danger he may file the proper petition with the CFI which ordered the commitment. US VS VAGUILAR Vaguilar was found guilty of killing his wife and his daughter with a bolo. Eyewitnesses testified that the defendant appeared to be insane prior b.

to the commission was complaining to plains in his head and stomach prior to the killing. SC said that the evidence is insufficient to declare him insane as the appellants conduct was consistent with the acts of an enraged criminal, not one with an unsound mind. Insanity distinguished from Passion, Anger or Remorsetestimonies indicate that accused was moved by a wayward or hysterical burst of anger or passion. PEOPLE VS RAFANAN Standards/Test of legal insanity: 1. Test of Cognition complete deprivation of intelligence in committing the criminal act 2. Test of violation that there be a total deprivation of will The law presumes every man to be sane. A person accused of a crime has the burden of proving his affirmative allegation of insanity. STANDARD OIL VS ARENAS Capacity to act must be supposed to attach to a person who has not previously been declared incapable, and such capacity is presumed to continue so long contrary is not proved, that is, at the time of his acting he was incapable, crazy or out of his mind; which, in the opinion of the court, has not been proved in this case. There was no direct proof that showed that at the date of the giving of the bond, December 15, 1908, the appellant was incapable of acting because of insanity. The witnesses who as physicians, testified that they observed insane periods in Villanueva twice prior to 1903, once on 1908, but none at the time of the execution of the said bond on December 15, 1908. It was also shown that the wife never before sought to legally deprive her husband management over his estate knowing full well that he was insane. HERNANDEZ VS SANTOS Lulu properties were disposed of and she was taken advantaged of because of her incapacity c. Deaf Mutism

NCC1237(2): The following cannot give consent to a contract: (2) Insane or demented persons, and deaf-mutes who do not know how to write NCC807: If the testator be deaf, or deaf-mute, he must personally read the will, if able to do so; otherwise, he shall designate two persons to read it and communicate to him, in some practicable manner, the contents thereof. NCC820: A person of sound mind and the age of 18 years or more, and not blind, deaf or dumb, and able to read and write, may be a witness to the execution of a will mentioned in Article805 of this Code d. Prodigality cant control the way he manages his money ROC92(2): Meaning of word "incompetent." - Under this rule, the word "incompetent" includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation. e. Civil Interdiction accessory penalty RPC 31 RPC34 RPC41 f. Family Relations FC150 FC151 FC87 NCC1490: The husband and the wife cannot sell property to each other, except: (1) when a separation of property was agreed upon in the marriage settlements; (2) when there

has been a judicial separation or property under Article 191 NCC2035: No compromise upon the following questions shall be valid: (1) Civil status of persons; (2) validity of marriage or a legal separation; (3) Any ground for legal separation; (4) future support, (5)the jurisdiction of courts; (6) future legitime NCC963: Proximity of relationship is determined by the number of generations. Each generation forms a degree. NCC964: A series of degrees forms a line, which may be either direct or collateral. A direct line is that constituted by the series of degrees among ascendants and descendants. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants, but who come from an ancestor. NCC965: The direct line is either descending or ascending. The former unites the head of the family with those who descend from him. The latter binds a person with whose whom he descends. NCC966 In the line, as many degrees are counted as there are generations or persons, excluding the progenitor. In the direct line, ascent is made to the common ancestor. Thus, the child is one degree removed from the parent, two from the grandfather, and three from the great-grandparent. In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. Thus, a person is two degrees removed from his brother, three from his uncle, who is the brother of his father, four from his first cousin, and so forth NCC967 Full blood relationship is that existing between persons who have the same father and the same mother. Half

blood relationship is that existing between persons who have the same father, but not the same mother, or the same mother, but not the same father g. Alienage h. Absence i. Insolvency and trusteeship NCC1381: Art. 1381. The following contracts are rescissible: (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof; (2) Those agreed upon in representation of absentees, if the latter suffer the lesion stated in the preceding number; (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them; (4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority; (5) All other contracts specially declared by law to be subject to rescission. (1291a) NCC2236: The debtor is liable with all his property, present and future, for the fulfillment of his obligations, subject to the exemptions provided by law. (1911a) Art. 2035. No compromise upon the following questions shall be valid: (1) The civil status of persons; (2) The validity of a marriage or a legal separation; (3) Any ground for legal separation; (4) Future support; (5) The jurisdiction of courts; (6) Future legitime. (1814a) j. Gender

A minor follows the domicile of his parents Domicile of origin can only be lost and a change of domicile occurs when the following requisites are present: (1) an actual removal or an actual change of domicile; (2) bona fide intention of abandoning the former place of residence establishing a new one; (3) acts which correspond with the purpose, as in the husband and the wife shall fix a family domicile Requirements for the acquisition of new domicile: (1) bodily presence in a new locality; (2) intention to remain therein (animus manendi); (3) intention to abandon the old domicile (animus non revertendi) ROMUALDEZ-MARCOS VS COMELEC Habitual residence Leyte factual Domicile place of habitual residence, where there is intent to go back for purposes of election, this is controlling juridical Introduction to the Family Code A. Effect and Retroactivity B. Repeal/Amendment IV. Marriage and Personal Relations Between Spouses A. The concept of marriage B. Nature of marriage in Philippine Law C. Agreements prior to marriage D. Requisites to valid marriage III.

D. Domicile and Residence of Person 1. Juridical Persons NCC51 2. Natural Persons NCC50