A Review of Civil Law by Justice Lopez Rosario

CIVIL LAW REVIEW 1
Atty. Ma. Liza Lopez - Rosario

PRELIMINARY CHAPTER
CIVIL CODE OF THE PHILIPPINES
I. REPUBLIC ACT 386
A. CIVIL LAW CIVIL CODE
Civil Law the mass of precepts which determines and
regulates those relation of assistance, authority and
obedience existing among members of the family as well
as among members of a society for the protection of
private interests. (Sanchez Roman)
Civil C!"# collection of laws which regulates the
private relations of the members of civil society,
determining their respective rights and obligations with
reference to persons, things and civil acts. (Tolentino)
Q: Does the CC contains an effectivity clause?
! "es. #ne year after its publication, the code too$
effect.
Q: When does the CC took effect?
! ugust %&, '()&
Q: Can we conclude that it was published on August 30,
!"!?
! *n +ara vs. ,el Rosario, the S- said that the rec$oning
date is the actual date of circulation. The S- emphasized
the importance of publication . publication as an exercise
of due process. /ublished on 0uly '(1(, the copies of the
-- were simply stored. S- decided to ma$e use of the
date of circulation (ugust %&, '(1() and not the date of
publication (0uly '(, '(1() because the purpose of
publication is defeated when copies of the -- were
released.
#a$a vs% Del &osa$io, '0 Ap$il !("
2acts! ,el Rosario owner of 3) taxi cabs operated a taxi
business. 4e employed % mechanics and 1( drivers. #n
September 1, '()&, without giving said mechanics and
drivers %& days advance notice, ,el Rosario sold his 3)
taxi cabs to +a 5allorca, a transportation company, as a
result of which the employees lost their 6obs.
They brought this action against ,el Rosario to
recover compensation for overtime wor$ and services
rendered on Sundays and legal holidays provided for in
rticle %&3 of the -ode of -ommerce because of the
failure of their employer to give them ' month notice.
*ssue! 7hether or not the -ivil -ode is applicable.
4eld! s to the month pay under rticle %&3 of the -ode
of -ommerce, rticle 338& of the -ivil -ode appears to
have repealed said rticle %&3 when it repealed the
provisions of the -ode of -ommerce governing agency.
This repeal too$ place on ugust %&, '()&, when the 9ew
-ivil -ode went into effect, that is, ' year after its
publication in the official gazette.
The S- ruled that the -ivil -ode too$ effect on ugust
%&, '()&, ' year after its circulation, ugust %&, '(1( and
not from the publication on 0uly '(, '(1( for copies were
not released on such date.
N!$#%
The +ara -ase at the outset loo$s li$e a labor case. #n the
issue of what law is applicable, the S- said that the --
too$ effect repealing the -ode of -ommerce.
0uly '(, '(1( : publication
ugust %&, '(1( : circulation
ugust %&, '()& : effectivity
B. CIVIL LAW COMMON LAW
C!&&!' Law : system of 6urisprudence based on
6udicial precedents rather than statutory laws or legislative
enactments. *t does not consist of absolute, fixed and
inflexible rules but rather of broad, comprehensive
principles based on 6ustice, reason and common sense.
II. LAWS
Law : rule of conduct, 6ust and obligatory, promulgated
by legitimate authority for common observance and
benefit. (Sanchez Roman)
;Refers not 6ust to statutes but also includes executive
order, presidential decrees, administrative rules, central
ban$ circulars. *ncludes those enacted by those exercising
<uasi.legislative function.
A. PUBLICATION ARTICLE ( OF THE CIVIL
CODE AS AMENDED BY E.O. ())
*+.R.% /ublication is an indispensable re<uisite for the
effectivity of the laws (Tanada vs. Tuvera)
*E,-#.$i!'/%
'. The +aw is interpretative in nature
3. +aw is internal in nature
%. +etters of instructions : rules to be followed by
subordinates
1. 5unicipal ordinances are covered by the +ocal
=overnment -ode.
Cases:
% )a*ada vs% )uve$a, '" Ap$il !+(
2acts! Tanada, Sarmiento and the 5ovement of ttorneys
for >rotherhood, *ntegrity and 9ationalism (5>*9*)
see$ a writ of mandamus to compel respondent public
officials to publish in the official gazette of various /,s,
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+#*s, =#s, proclamations, @os, +etters of
*mplementation and #s.
Respondents contend that publication in the official
gazette is not a sine <ua non re<uirement for the
effectivity if laws where the laws themselves provide for
their own effectivity dates so publication in the official
gazette is not necessary.
*ssue! 7hether or not publication is an indispensable
re<uisite for the effectivity of laws.
4eld! /ublication is an indispensable re<uisite for the
effectivity of laws. ll statutes including those of local
application and private laws shall be published as a
condition for their effectivity, which shall begin ') days
after publication unless a different effectivity date is fixed
by the legislature.
-overed by this rule are /,s and @os promulgated by
the /resident in the exercise of legislative powers
whenever the same are validly delegated by the legislature
or at present directly conferred by the -onstitution.
dministrative Rules and Regulations must also be
published if their purpose is to enforce or implement
existing law pursuant to a valid delegation.
The purpose of publication is to give ade<uate notice
of the various laws xxx /,s that provide for fines,
forfeitures or penalties shall be published. #ther /,s
which apply only to particular persons or class of persons
such as #s and @os need not be published on the
assumption that they have been circularized to all
concerned.
N!$#/%
A B0a'-1#/ !2 $1# +!v3$ : +egislative, @xecutive,
0udicial (separation of powers)
A A&#'"&#'$ N!. 6 !2 4563 C!'/$i$7$i!' . The
president is given the power to enact laws.
,eople vs% Que ,o #ay, -%&% #./0!
2acts! Bue /o +ay is appealing from the decision of the
-2* finding him guilty of violating -> -ircular 3& and
sentencing him to suffer C months imprisonment xxx. The
charge was that Bue who was in possession of a foreign
exchange consisting of D.S. dollars, D.S. chec$s and D.S.
money orders amounting to E8,&&& failed to sell them to
->. The appeal of Bue is based on the claim that the said
circular was not published in the official gazette. The
Solicitor =eneral contended that publication is not
necessary.
*ssue! 7F9 not the -> -ircular should be published.
4eld! -> -ircular if punitive in nature should be
published. s a rule, circulars and regulations which
prescribes a penalty for its violation should be published
before becoming effective on the general principle and
theory that before the public is bound by its contents
especially its penal provisions, a law, regulation or
circular must first be published and the people officially
and specifically informed of said contents and penalities.
3% ,hil% 1nt2l vs% 3udge Angeles, ' 4ctobe$ !!/
2acts! The controversy springs from the issuance by the
/*T- of an # under which applications to the /*T- for
importation from -hina must be accompanied by a viable
and confirmed @xport /rogram of /hilippine /roducts.
2or failure to comply with their underta$ings to submit
export credits e<uivalent to the value of their importation
as re<uired by the #, further import applications were
withheld by /*T-.
*ssue! 7F9 the # should be published.
4eld! dministrative rules and regulations must be
existing law pursuant to a valid delegation.
"% 3udge Dadole vs% C4A, 3 Dece5be$ '00'
2acts! +ocal >udget -ircular )) issued by the ,>5
which reduced the monthly allowances given by +ocal
=overnments to RT- and 5T- 6udges was <uestioned in
this case. /etitioner 6udges filed a protest against the
notices.
*ssue! 7F9 the ,>5 circular is valid.
4eld! +>- )) is void on account of its lac$ of
publication. dministrative rules and regulations must be
existing law pursuant to a valid delegation. *nterpretative
regulations and those merely internal in nature, that is,
regulating only the personnel of an administrative agency
and the public need not be published. 9either is
publication re<uired of the so called +#*s issued by
administrative superiors concerning the rules or
guidelines to be followed be their subordinates in the
performance of their duties.
B. WHERE SHOULD PUBLICATION TA8E
PLACE9
*+.R.%
'. #fficial =azette or
3. 9ewspaper of =eneral -irculation
(>asa vs. 5ercado)
*E,-#.$i!'% The case of 4agonoy 5ar$et Gendor
ssociation vs. 5unicipality of 4agonoy >ulacan.
Cases:
% 6asa vs% 7e$cado, / ,81# /3/
2acts! The 6udge of -2* /ampanga allowed and probated
the last will and testament of *nes >asa (the deceased).
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The same 6udge approved the account of the administrator
of the estate, declared him the only heir of the deceased
and closed the administration proceedings. The petitioners
filed a motion in which they prayed that the said
proceedings be re.opened and alleged that the court
lac$ed 6urisdiction to act in the matter because there was a
failure to comply with re<uirements as to publication of
notice and hearing prescribed in the -ode of -ivil
/rocedure. They also contend that the wee$ly newspaper
H*ng IatipunanJ in which the notice and hearing was
published was not a newspaper of general circulation in
the province of /ampanga.
*ssue! 7F9 the *ng Iatipunan is a 9=-. (7hat is a
9=-K)
4eld! *t is a 9=- for the following reasons!
'. *t is published for the dissemination of local
news and general information
3. *t has a bona fide subscription list of paying
subscribers
%. *t is published at regular intervals (the trial court
ordered the publication to be made in said
newspaper precisely because it was a 9=-)
1. *t is not a newspaper devoted to the interests or
published for the entertainment of a particular
class, profession, trade, calling, race or religious
denomination.
'% 8agonoy vs% 7unicipality, / 9eb$ua$y '00'
2acts! The Sangguniang >ayan of 4agonoy >ulacan
enacted an ordinance which increased the stall rentals of
the mar$et vendors in 4agonoy. rticle % of the said
ordinance provided that it shall ta$e effect upon approval.
The ordinance was posted from 9ovember 1 to 3), '((C.
*n the last wee$ of 9ovember '((8, petitioners were
personally given copies and were informed that it shall be
enforced on 0anuary '((L. The petitioners contended that
the sub6ect ordinance was not posted as re<uired by law.
*ssue! 7F9 the ordinance was posted as re<uired by law.
4eld! n ordinance which increased the stall rentals of
the mar$et vendors has complied with the publication
re<uirement when the same was posted in % conspicuous
places since there was no newspaper of local circulation
in the municipality which is in accordance with Section
'LL of the +=-.
C. EFFECTIVITY
*+.R.% +aw shall ta$e effect on the date it is expressly
provided to ta$e effect.
*E,-#.$i!'% *f no such date is made after ') days
following the completion of its publication.
Cases:
% #a 6ugal : 62laan vs% &a5os, '0 3anua$y '00"
2acts! /res. <uino issued @# 38( authorizing the ,@9R
Secretary to accept, consider, and evaluate proposals from
foreign.owned corporations for contracts involving
technical or financial assistance etc. /res. Ramos
approved R.. 8(13 to govern the exploration,
development, utilization and processing of mineral
resources. fter publication in 3 9=-s, the ,@9R
Secretary issued ,@9R #s otherwise $nown as
*mplementing Rules and Regulations of R.. 8(13.
/etitioner contended that the @#s did not come into
effect.
*ssue! 7hether the @#s did not come into effect.
4eld! ccording to petitioners @# 38( was signed into
law by /res. <uino on 0uly 3), '(L8, 3 days before the
opening of the -ongress on 0uly 38, '(L8. Section L of
the said @# states that the same shall ta$e effect
immediately. This provision according to petitioner runs
counter to Section ' of @# 3&& which provides that laws
shall ta$e effect xxx (now rticle 3 of the --). #n that
premise, petitioners contend that @# 38( could have only
ta$en effect ') days after its publication at which time
-ongress had already convened and the /residentMs power
to legislate had ceased. /etitionerMs contention has no
merit. There is nothing in @# 3&& that prevents a law
from ta$ing effect on a date other than : even before : the
') day period after its publication. *ndeed, this is the very
essence of the phrase Hunless it is otherwise providedJ.
Section ' of @# 3&& therefore applies only when a statute
does not provide for its own date of effectivity. Thus, @#
38L became effective immediately upon its publication in
the official gazette on ugust %, '(L8.
'% C1& vs% #huillie$, ( 3uly '003
2acts! -*R issued a 5emorandum #rder ').(' imposing
a )N lending investorMs tax on pawnshops. The >*R
issued an assessment against +huillier demanding
payment of deficiency tax. +huillier contended that the
said memo is a new and additional tax measure on
pawnshops which -ongress could enact.
*ssue! 7F9 the said memoranda are valid even without
publication.
4eld! n interpretative rule is designed to provide
guidelines to the law which the administrative agency is
in charge of enforcing xxx 7hether an administrative rule
is merely interpretative in nature, its applicability needs
nothing further than its bare issuance for it gives no real
conse<uence more than what the law itself has already
prescribed. 7hen the administrative agency goes beyond
merely providing for the means that can facilitate or
render least cumbersome the implementation of the law
but substantially increases the burden of those governed,
it behooves the agency to accord at least to those directly
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affected a chance to be heard and thereafter to be duly
informed.
The said orders cannot be viewed simply as
implementing rules or directive measures revo$ing in the
process previous rulings of past commissioners xxx The
due observance of the re<uirements of publication should
not have been ignored.
NOTE% PUBLICATION EFFECTIVITY
Q: )he &ecto #aw was app$oved by the ;enate on
3anua$y , '00(% 1t contains an effectivity clause which
<should take effect i55ediately afte$ the signing of the
,$esident=% When does the law take effect?
! OSteps! (') Ta$e into consideration the ruling in
Tanada. (3) Ta$e note of the general rule and the
exception. (%) ,etermine what $ind of law is involved. (1)
pply rticle 3. ()) 2ind out if there is a 9=-P
+.R.% *f the law has effectivity clause, follow the
effectivity clause.
E:C.% pply the ').day period counted after the
publication if there is no effectivity clause.
Q: What is the pu$pose of publication?
! To inform the public
N!$#%
A Tabloids are published at regular intervals
III. ARTICLE 3 I+NORATIA ;URIS NON
E:CUSAT
Q: Why igno$ance of the law e>cuses no one?
! rticle 3 does not emphasize publication but
effectivity.
P0#/7&.$i!'! @very person is presumed to $now the law,
since the government has already complied with the
re<uirement of publication.
+.R.% *gnorance of the law excuses no one from
compliance therein.
E:C.%
'. *gnorance of fact may excuse a party from the
legal conse<uences of his conduct. (*gnoratia
2acti)
@x. *gnorance of foreign law is a mista$e of fact.
3. 5ista$e as to difficult <uestions which is the
same as mista$e of fact. Read rticles )3C, '%%1,
3')1 and 3')) --
Cases:
% 7ia?ue vs% 3udge ,a5onag, '+ 7a$ch '003
2acts! -omplainants who were connected with the ,aily
*nformer (a widely circulated newspaper in 7estern
Gisayas) were charged before the 5T- by 0udge
/amonag of the crime of libel. Respondent 6udge
conducted a preliminary investigation and thereafter
issued warrants for the arrest of the complainants.
-omplainants filed an administrative case against the
6udge for gross ignorance of the law. They contended that
the 6udge neither has authority to conduct a preliminary
investigation not to issue warrants for their arrest. The
6udge said that it was his first libel case and that he issued
the warrants in good faith.
*ssue! 7F9 respondent is guilty of gross ignorance of the
law.
4eld! 0udges are expected more than 6ust cursory
ac<uaintance with statutes and procedural rules. They
must $now the law and apply them properly in good faith.
The provisions of rticle %C& of the R/- on the persons
authorized to conduct preliminary investigation in libel
cases is so elementary, not to $now it constitutes gross
ignorance of the law.
'% @state of 6oo vs% -ee, 3 7a$ch !''
2acts! -heong >oo, a native of -hina died intestate in
Qamboanga. 4e left property worth /'&&,&&&. The estate
of the deceased was claimed on one hand by =ee, who
alleged that he was a legitimate child by a marriage
contracted by >oo with Tan ,it in -hina in 'L(). The
estate was claimed, on the other hand by 5ora dong
who alleged that she had been lawfully married to >oo in
'L(C. =ee introduced in evidence a document in -hinese
stating the marriage ceremony that too place in moy,
-hina.
*ssue! 7F9 the document presented by =ee may be
recognized here in the /hilippines.
4eld! *gnorance of a foreign law is not ignorance of the
law but of fact because such foreign law must be first
alleged and proved as a matter of fact, there being no
6udicial notice of said foreign law. The -hinese marriage
was not ade<uately proved.
P0!-#//7al P0#/7&.$i!' : if the foreign law is not
properly alleged and proved, the presumption is that it is
the same as our own law. (@state of Suntay vs. Suntay)
3% ;untay vs% ;untay, 3 3uly !("
2acts! #n 5ay '1, '(%1, 0ose Suntay died in moy,
-hina. 4e married twice, the first time to 5anuela -ruz
with whom he had several children now residing in the
/hilippines and the second time to 5aria >illian with
whom he had a son. polonio (son of 5anuela) filed
0oseMs intestate in the -2*. 5aria also instituted the
present proceedings for the probate of a will allegedly left
by the deceased. ccording to Silvino (son of 5aria),
before the deceased died in -hina, the deceased left a will
with =o Toh, >arreto and +opez as attesting witnesses.
=o Toh arrived in the /hilippines with the will,
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unfortunately, the sons of 5anuela snatched it. =o Toh
said that the will was already probated in -hina.
*ssue! 7F9 the /hilippine court may recognize the
probate of the will in -hina.
4eld! 7here it appears that the proceedings in the court
of a foreign country were held for the purpose of ta$ing
the testimony of 3 attesting witnesses to the will and the
order of the probate court did not purport to allow the
will, the proceedings cannot be deemed to be for the
probate of the will as it was not done in accordance with
the basic and fundamental concepts and principles
followed in the probate and allowance of wills. The will
in this case cannot be allowed.
*n the absence of proof that the municipal district court
of moy, -hina is a probate court and on the -hinese
+aw of /rocedure in probate matters, it may be presumed
that the proceedings in the matter of probating or allowing
a will in the -hinese courts are the same as those provided
for in our laws on the sub6ect. (/rocessual /resumption)
IV. ARTICLE < RETROACTIVITY VS.
PROSPECTIVITY
*+.R.% /rospectivity of laws
*E:C.%
W1#' law -a' =# >iv#' 0#$0!a-$iv# #22#-$%
'. +aw expressly provides for its retroactivity. >ut
in no case must an ex post facto law be passed.
3. +aw is curative in nature (laws intended to
correct errors or irregularities incurred in 6udicial
or administrative proceedings.
%. +aw is remedial in nature . there are no vested
rights in rules of procedure (5edina vs. -)
1. +aw is penal but favorable to the accused (rt.
33 of the R/-)
). +aws creating new rights provided that no vested
right is impaired (rt. 33)%, /ar. 3R Buizana vs.
Redugerio)
C. @mergency laws : authorized by the police
power of the government.
N!$#/%
A +aw is penal but favorable to the accused.
Examples:
-ase of Robin /adilla : there was a bill proposed
reducing the sentence of illegal possession of firearms.
The bill was authored by Senator Ramon Revilla, Sr..
The /resident decided to remove the death penalty.
-onvicts who are in the death row were not punished
because of the law.
Q: Does the 9a5ily Code contain a $et$oactivity clause?
! "es. rticle 3)C of the 2amily -ode provides that this
code shall have retroactive effect insofar as it does not
pre6udice or impair vested or ac<uired rights in
accordance with the -- or other laws.
Q: An illegiti5ate child was bo$n p$io$ to the effectivity
of the 9C, will the p$ovision of $et$oactivity unde$ the
9C apply to the illegiti5ate child?
! *f the father died prior to the effectivity of the 2-,
compulsory heirs already ac<uired vested rights even if
the distribution of property has not yet ta$en place. *f the
father died during the effectivity of the 2-, retroactivity
applies because assuming the father has legitimate child,
there is no vested right yet.
Cases:
% 7edina 1nvestigation vs% CA, '0 7a$ch '00
2acts! Taburnal was hired by petitioner as security guard
and was assigned to benson, *nc. Taburnal was relieved
due to violations pursuant to his service contract. 4e then
filed a case against his employer. The labor arbiter ruled
in favor of Taburnal. /etitioner appealed to the 9+R-
which dismissed the same for lac$ of 6urisdiction.
/etitioner filed a petition for certiorari in the - which
dismissed the petition for having been filed beyond the
C&.day reglementary period. - ruled that the petition
was filed on the C8
th
day since petitioners received on
9ovember '&, '((( the order dated ugust 3C, '((( of
the 9+R- and the 5R was filed on '( 9ovember '(((.
-opy of the order denying the said motion was received
by petitioners on % pril 3&&& while the petition was filed
with the - on %' 5ay 3&&&. /etitioners contended that
their petition was within the period : that the amendment
under .5. &&.3.&% of the S- wherein the C&.day period
to file a petition for certiorari is rec$oned from receipt of
the resolution denying the 5R should be deemed
applicable.
*ssue! 7F9 the said .5. may be retroactively applied.
4eld! The amendment should be deemed applicable. *t
too$ effect on ' September 3&&&. Remedial statutes or
statutes relating to remedies or modes of procedures
which do not create or ta$e away vested rights but only
operate in furtherance of the remedy or confirmation of
rights already existing, do not come within the legal
conception of a retroactive law or the general rule against
retroactive operation of statutes. Statutes regulating the
procedure of the courts will be construed as applicable to
actions pending and undetermined at the time of their
passage. The retroactive application of procedural laws is
not violative of any right of a person who may feel that he
is adversely affected. The reason is that as a general rule,
no vested right may attach to nor arise from procedural
laws.
'% @lvi$a Au 4h vs% CA, / 3une '003
2acts! Specific performance was filed against @lvira for
failure to pay the pieces of 6ewelry she purchased from
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Solid =old *nternational. compromise agreement was
entered between Solid =old and @lvira wherein the latter
issued post dated chec$s. The said chec$s bounced. The
RT- found @lvira guilty of violation of >/ 33. @lvira
appealed to the - alleging that the RT- has no
6urisdiction over the offense. @lvira contended that the -
erred in not resolving the 6urisdictional issue in her favor,
thereby, un6ustly depriving her of the legal benefits of
giving retroactive effect to the provisions of R 8C('
expanding the 6urisdiction of the inferior courts (5T-) to
cover the offenses involved in her case.
*ssue! 7F9 laws defining 6urisdiction of courts should be
given retroactive effect.

4eld! +aws defining 6urisdiction of courts are substantive
in nature and not procedural for they do not refer to the
manner of trying cases but to the authority of the courts to
hear and decide certain cases in the various instances of
which they are susceptible. R 8C(' is a substantive law
and not a penal law as nowhere in its provision defines a
crime neither does it provide a penalty of any $ind.
0urisdiction is determined by the law in force at the time
of the filing of the complaint and once ac<uired,
6urisdiction is not affected by subse<uent legislative
enactments placing 6urisdiction in another tribunal.
4ence, the contention of @lvira is incorrect.
3% QuiBana vs% &eduge$io, 0 7ay !(!
2acts! The action is based on an actionable document
which states that in the event that the defendants failed to
pay Buizana the amount of /))&, the former will transfer
the land specified in the agreement. 7hen the defendants
failed to pay, the offered to pledge the land and transfer
possession thereof to the plaintiff but the latter refused the
offer.
*ssue! 7F9 the second part of the written obligation in
which the obligors agreed and promised to deliver a
mortgage over the land upon their failure to pay the debt
is valid upon the plaintiff.
4eld! This second part of the obligation in <uestion is
what is $nown in law as a facultative obligation defined in
rticle '3&C of the --. This is a new provision and is not
found in the #ld Spanish -ivil -ode which was in force at
the time of the execution of this agreement. There is
nothing in the agreement which would argue against its
enforcement. *t is not contrary to law or public morals or
public policy and notwithstanding the absence of any
legal provision at the time it was entered into governing it,
as the parties had freely and voluntarily entered into it,
there is no ground or reason why it should not be given
effect. *t is a new right which should be declared effective
at once.
V. ARTICLE 6 WAIVER OF RI+HTS
*+.R.% Rights may be waived.
*E:C.%
'. Dnless waiver is contrary to law, public order, public
policy, morals or good customs.
3. 7aiver is pre6udicial to a third person.
F!0 waiv#0 $! =# vali" $1#0# &7/$ =#%
'. vested right
3. voluntary relin<uishment of such vested right.
%. The person waiving must $now of the existence
of his right.
N!$#/%
A Gitiated consent should not be present
A ctual right should be existing.
Q: 1n students2 field t$ip, the pa$ents a$e 5ade to sign a
waive$% 1s this in acco$dance with A$ticle /?
! (The right involved here is the right to file an action
for damages against the school if something would
happen in the field trip).
Dp to now, there is no S- decision regarding this matter.
This happens also in hospitals before operation. -ontrary
to public policy will not be applied since up to now it is
being practiced.
There is no existing right yet. 9o actual right. @ven if you
$eep on signing the waiver, it does not give any effect
because there is no right existing.
;ancheB vs% CA, '! ;epte5be$ !!0
2acts! Rosalia +ugod is the only child of Spouses 0uan
Sanchez and 5aria Gillafranca while rturo +ugod,
@velyn +ugod.Ranises and Robert +ugod are the
legitimate children of Rosalia (private respondents).
/etitioners are the illegitimate children of 0uan Sanchez.
2ollowing the death of her mother 5aria, Rosalia filed a
petition for letters administration over the estate of her
mother and the estate of her father 0uan. The petitioners
filed a petition for letters administration over the intestate
estate of 0uan, which petition was opposed by Rosalia xxx
The parties executed a compromise agreement wherein
they agreed to divide the properties of 0uan. Rosalia, the
appointed administratix failed to deliver some properties
to the petitioners. The trial court in deciding the case did
not follow the compromise agreement. The - dismissed
the petitionerMs petition.
*ssue! 7F9 the compromise agreement is valid.
4eld! compromise agreement entered into by the heirs
regarding their proportionate share in the estate of their
deceased father does not constitute relin<uishment of a
right to properties which were not $nown.
Such waiver is valid because the parties waived a
$nown and existing interest : their hereditary right which
was already vested in them by reason of the death of their
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father. rticle 888 provides that the right to succession is
transmitted from the moment of the death of the decedent.

V#/$#" Ri>1$ is one whose existence, effectivity and
extent does not depend upon events foreign to the will of
the holder.
+.R.! *t is not possible to waive obligations and duties.
E:C.!
'. 7hen authorized by law (#bligation is
concomitant of a right that is waived. @xamples!
Read rticles 1LL and CC3 of the --)
3. 7hen authorized by the holder of the correlative
right.
VI. ARTICLE 8 ;UDICIAL DECISIONS HAVE
THE FORCE AND EFFECT OF A LAW

D!-$0i'# !2 S$a0# D#-i/i/ : 7hen a court has laid down a
principle of law as applicable to a certain set of facts, it
will adhere to that principle and apply it to all future cases
where the facts are substantially the same.
H!0i?!'$al S$a0# D#-i/i/ : a division of the S- may or
may not follow the decision of another division. (S- is
divided by several divisions, usually, in ' division there
are ) 6ustices)
V#0$i-al S$a0# D#-i/i/ : courts have no option but to
follow the decisions or orders of the S-. This is
obligatory on the part of the courts because 6udicial
decisions have the force and effect of a law. 0udicial
decisions are called H6udge.made lawsJ. Gertical stare
decisis happens when S- had ruled en banc.
Ra$i! D#-i"#'"i O=i$#0 Di-$7&
Pa0$/ !2 a D#-i/i!'%
4. Ra$i! D#-i"#'"i it is the principle which the case
established. *t is the reason for the decision.
(. O=i$#0 Di-$7& : opinions necessary to the
determination of a case not binding and cannot have the
force of 6udicial precedents (/eople vs. 5acadaeg)
Cases:
% ,eople vs% 7acadaeg, '+ 7ay !('
2acts! ntonio =uillermo was convicted of murder. The
petitioner contended that the -2* ruled in its 6udgment of
conviction that ntonio is not entitled to the benefits of
amnesty because the murders of which he was convicted
were committed Hnot in furtherance of the resistance
movement but in the course of a fratricidal strife between
3 rival guerilla unitsJ. The 8
th
=uerilla mnesty
-ommission composed of 4on. 5acadaeg, /ecson and
San 0ose together with convicted ntonio opposed the
petition alleging that the decision of the court does not
prevent ntonio from invo$ing his right to the provisions
of amnesty because said right was not at issue at the trial
of the case against him and the pronouncement of the
court is not final and conclusive and is merely an obiter
dictum.
*ssue! 7F9 the pronouncement of the court is obiter
dictum.
4eld! finding of a court is deemed a pronouncement on
a material issue and is not an obiter dictum. *t is final and
conclusive against parties involved and may not under the
principle of res 6udicata be again raised in issue by them
in any tribunal, 6udicial or administrative.
The ruling of the court that ntonio is not entitled to
the benefits of amnesty is not an obiter dictum but is a
ruling of the court on an issue expressly raised by the
party on facts or evidence adduced in the course of the
trial of this case.
'% )ala &ealty vs% 6anco 9ilipino, '0 3une '000
2acts! >2 faced a legal problem with respect to its branch
site holdings. The =eneral >an$ing ct provides that
ban$s may only invest in real estate up to )&N of their net
worth. To address the problem, its ma6or stoc$holders
agreed tot set up an entity to which its existing branch
sites for >2 with all such branch sites including those
unloaded to be leased to >2. >2 sold '' real estate
properties to Tala including the ,avao branch site
(sub6ect of this suit). Tala leased the same branch to >2.
The petition stems from an action of e6ectment wherein
the issue was which of the 3 different contracts of lease
presented by each party governs them. Tala presented an
'' year lease agreement. >2 presented a 3& year lease
contract. 5T- and RT- both refused to exercise
6urisdiction. The - ruled that since other similar
e6ectment suits were brought before it in which the 3&.
year lease contract was upheld, it ruled in favor of >2.
*ssue! 7F9 stare decisis should be applied in this case to
resolve the issue of which of the 3 contracts should be
pronounced as valid.
4eld! *t is the better practice that when a court has laid
down a principle of law as applicable to a certain set of
facts, it will adhere to that principle and apply it to all
future cases where the facts are substantially the same.
@ven though the locations of the properties are different in
the 3 cases, the conclusion reached in one can very well
be applied in the other inasmuch as not only are the
parties the same but more importantly the issue is one and
the same and hence should no longer be re.litigated.
3% )ung Chin 8ui vs% &od$igueB, ' Ap$il '00
2acts! /etitioner a Taiwanese arrived in this country as
temporary visitor. 4e was arrested by policemen who
turned him over to the >*,. summary deportation order
was issued finding him guilty of possessing a tampered
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passport. /etitioner filed before the RT- a petition for
4abeas -orpus. The RT- granted the petition.
Respondents filed an appeal and was given due course by
the RT-. The petitioner appealed but the - ruled in
favor of respondents. ,uring the pendency of the
proceedings before the -, petitioner filed a petition for
certiorari in the S- contending that the RT- should have
re6ected the appeal of the respondents being filed late or
beyond the 1L.hour period provided under the Rules of
-ourt. The S- denied the petition.
*ssue! *s the reglementary period within which to appeal
in habeas corpus cases 1L hours from notice of the
decision appealed from (as petitioner contends) or is it ')
days similar to other cases (as contended by respondents)K
4eld! This court already re6ected the same arguments of
the petitioner in =.R. '%8)8'. /ertinent portions of that
decision are reproduced below! JThe reglementary period
for filing an appeal in a habeas corpus case is now similar
to that in ordinary civil actions (Sec. %, Rule 1', R#-)J.

Stare decisis presupposes that the facts of the
precedent and the case to which it is applied are
substantially the same. 7here a finding of court was
based on a procedure of law that has been repealed, the
facts under the same cannot be relied upon by courts on
the succeeding cases.
VII. ARTICLE 4< PENAL LAW THEORY OF
TERRITORIALITY
*+.R.% /enal law follows the theory of territoriality and
generality regardless of nationality.
*E:C.%
'. /rinciples of /ublic *nternational +aw on diplomatic
immunity.
3. /resence of treaty stipulations.
E,$#00i$!0iali$@ : territorial 6urisdiction of one state
forms an extension of the territory of another state.
@xample! @mbassy
E,$0a$#00i$!0iali$@ : exemption by virtue of treaty
stipulation.
@xample! mbassador
;chneckenbu$ge$ vs% 7o$an, 3 3uly !3/
2acts! /etitioner was duly accredited honorary consul of
Druguay at 5anila. 4e was charged in the -2* of 5anila
with the crime of falsification of a private document. 4e
ob6ected to the 6urisdiction of the court on the ground that
both under the constitutions of D.S. and the /hilippines,
the court below had no 6urisdiction to try him.
*ssue! 7F9 a consul is immune from suit.
4eld! consul is not entitled to the privileges and
immunities of an ambassador or minister but is sub6ect to
the laws and regulations of the country to which he is
accredited. consul is not exempt from criminal
prosecution for violations of the laws of the country
where he resides.
VIII. ARTICLE 4A PRINCIPLE OF
NATIONALITY
N!$#% -ivil laws pertaining to family rights F duties,
status, condition, legal capacity follow the principle of
nationality.
R#a"% R.. (33) : ,ual -itizenship ct
S#-. (B R.A. 5((A : ,eclaration of /olicy! ll /hilippine
citizens who become citizens of another country shall be
deemed not to have lost their /hilippine citizenship
sub6ect to conditions.
S#-. 3B R.A. 5((A : Retention of /hilippine -itizenship!
9atural.born citizens of the /hilippines who have lost
their /hilippine citizenship by reason of their
naturalization as citizens of a foreign country are hereby
deemed to have re.ac<uired /hilippine citizenship upon
ta$ing the following oath of allegiance to the republic
xxx.

D#0iva$iv# Ci$i?#'/1i. (Sec. 1, R.. (33)) : The
unmarried child whether legitimate, illegitimate or
adopted, below 'L years of age of those who re.ac<uire
/hilippine -itizenship upon effectivity of this act shall be
deemed citizens of the /hilippines.
Cases:
% &oeh$ vs% &od$igueB, '0 3une '003
2acts! /etitioner, a =erman and a resident of =ermany
married -armen Rodriguez (a 2ilipina) in 4amburg,
=ermany. Their marriage was ratified in Tayasan, 9egros
#riental. #ut of their union were born -arolynne and
lexandra. -armen filed a petition for declaration of
nullity of her marriage before the RT-. /etitioner filed a
motion to dismiss but was denied by the court. /etitioner
also obtained a decree of divorce in =ermany. The -2* of
=ermany dissolved the marriage but parental custody for
the children was granted to petitioner. /etitioner now
alleges that there is nothing left to be tac$led by the
/hilippine -ourt as there are no con6ugal assets alleged in
the petition and the custody of the children had already
been awarded to petitioner.
*ssue! 7F9 the court may retain 6urisdiction over the case
despite the fact that the petitioner has already obtained a
decree of divorce from the =erman -ourt.
4eld! ,ivorce decrees obtained by foreigners in other
countries are recognizable in our 6urisdiction but the legal
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effects thereof : custody, care and support of children
must still be determined by our courts.
>efore our courts can give the effect of res 6udicata to
a foreign 6udgment such as the award of custody to
petitioner by the =erman -ourt, it must be shown that the
parties opposed to the 6udgment had been given ample
opportunity to do so on the grounds allowed under
Section )&, Rule %(, R#- (now Section 1L, Rule %() :
HThe effect of a 6udgment of a tribunal of a foreign
country, having 6urisdiction to pronounce 6udgment is as
follows!
(a) *n case of a 6udgment upon a specific thing, the
6udgment is conclusive upon the title to the thing.
(b) *n case of a 6udgment against a person, the
6udgment is presumptive evidence of a right as
between the parties and their successors.in.
interest by a subse<uent title but the 6udgment
may be repelled by evidence of a want of
6urisdiction, want of notice to the party, xxxJ.
@>ceptional Case:
'% Can Do$n vs% &o5illo, + 4ctobe$ !+(
2acts! lice Gan ,orn is a citizen of the /hilippines
while private respondent (Richard Dpton) is a citizen of
D.S. They were married in 4ong Iong. They established
their residence in the /hilippines and begot 3 children.
The parties were divorced in 9evada, D.S. and remained
and that lice re.married in 9evada, this time to
Theodore Gan ,orn. Richard filed a suit against lice
stating that liceMs business in @rmita, 5anila is con6ugal
property of the parties and as$ing that petitioner be
ordered to render an accounting of that business and that
Richard be declared with right to manage that con6ugal
property. lice contended that respondent is estopped
from laying claim on the alleged con6ugal property
because of the representation he made in the divorce
proceedings before the merican -ourt that they had no
community of property. Respondent avers that the divorce
decree cannot prevail over the prohibitive laws of the
/hilippines.
*ssue! 7F9 the decree of divorce is valid in the
/hilippines.
4eld! The decree is binding on Richard as an merican
citizen. 2or instance, Richard cannot sue lice as her
husband in any State of the Dnion.
#wing to the nationality principle (rticle ')) : only
/hilippine nationals are covered by the policy against
absolute divorces the same being considered contrary to
our concept of public policy and morality. 4owever,
aliens may obtain divorces abroad which may be
recognized in the /hilippines provided they are valid
according to their national law. *n this case, the divorce in
9evada, released Richard from their marriage from the
standards of merican law, under which divorce dissolves
the marriage. /ursuant to his national law, Richard is no
longer the husband of lice. 4e would have no standing
to sue in the case below as liceMs husband entitled to
exercise control over con6ugal assets. 4e is bound by the
decision of his own countryMs court, which validly
exercised 6urisdiction over him and whose decision he
does not repudiate. RichardMs contention that under our
laws, lice is considered married to him cannot be 6ust.
TaC# N!$#% A0$i-l# (6B Pa0. (B Fa&il@ C!"# : if alien
spouse obtained the decree of divorce, 2ilipino spouse
will have the right to remarry.
Q: 3uan and 7a$ia would like to get 5a$$ied% )he
p$oble5 is 3uan is in the ,hilippines and 7a$ia is in
;pain wo$king% 7a$ia is only / yea$s old and 3uan is
' yea$s old% 7a$ia lea$ned that unde$ ;panish law, the
5a$$ying age fo$ fe5ale is " yea$s old and fo$ 5ale is
/ yea$s old% Dnde$ the ;panish law, 5a$$iage by p$o>y
is allowed% 3uan has no 5oney to go in ;pain% )hei$
5a$$iage Eby p$o>yF was then celeb$ated in ;pain% 1s the
5a$$iage valid?
! (>efore answering, you are compelled to apply rticle
') : 9ationality Theory applies). +egal capacity : for as
long as 5aria is a 2ilipina, the 2amily -ode governs her.
The marrying age here is 'L years old.

Regarding marriage by proxy up to now there are
conflicting decisions. lternative answers!
'. /rof. Sta. 5aria : 9ull and void but not on the
argument that under the /hilippine law during
marriage ceremony they should be physically
present.
3. -onsidering marriage ceremony is merely
formal, applying rticle '8 : lex loci
celebrationis (law of the place where the contract
is celebrated). >ut this rticle is confined only to
forms and solemnities meaning extrinsic validity
of the contract, as long as it is valid there and not
prohibited here, marriage by proxy is valid here.
(7hat is prohibited is incestuous marriage,
bigamous marriage xxx). rticle '8 does not
include intrinsic validity. rticle '8 applies only
to forms and solemnities.
N!$#/%
A rticle '8 may be applied as a general rule. @xception :
exterritoriality.
A To answer! connect 2amily -ode to rticle '8 and state
authority.
A *f the problem is too general, ma$e a <ualification. *f
intrinsic, apply rticle '). *f extrinsic, apply rticle '8.
Q: Assu5ing the 5a$$iage is valid, 3uan fell in love
with anothe$% Does 7a$ia have the $ight to sue 3uan?
! pply rticle '1. (Remember the case of 5ar$
0imenez and Rod Strun$. 5ar$ : extradition case. Rod :
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CIVIL LAW REVIEW 1
alleged crime was committed here in the /hilippines.)
Territoriality theory applies.
Q: 1f a spouse 5a$$ied anothe$ in 8ongkong, 5ay you
as the fi$st spouse file a c$i5inal case of biga5y o$ a
civil case he$e in the ,hilippines?
! *f criminal case, it cannot be filed here because rticle
'1 provides that penal laws are only applied in crimes
committed here in the /hilippines. Regarding the civil
case, it will prosper because rticle ') provides liability
for violation of such.
Q: David 5a$$ied Chato in the ,hilippines% A week afte$
David decided to go back to ;audi A$abia to wo$k% David
fell in love with Ayce in ;audi% David was able to get a
ce$tification capacitating hi5 to 5a$$y% )hey got
5a$$ied% Chato lea$ned of the 5a$$iage% What a$e the
possible cases?
! (before answering, this re<uires you to apply rticles
'1 and '). *f criminal case, no choice but -hato has to go
to Saudi rabia and find out if Saudi will allow her to file
a case for bigamy. *f she cannot file, she has to wait for
the husband to go bac$ here together with the yce and
continue to live together and the case now is concubinage.
*f ,avid was the only one who came bac$, no crime or
case to be filed. 9ote that adultery and concubinage are
not crimes against the state, They are personal.
N!$#/%
A rt. '8 : refers to extrinsic validity
A rt. ') : refers to intrinsic validity
A rt. 'C, par. 3 : affirmation of what contains in rt. ')
A *f there are foreign places involved in the case, what
law should govern, 6ust remember rticles '1 to '8
because you can apply them simultaneously. They do not
contradict each other.
A 2oreigner executing a will remember! lex loci
celebrationis, national law, domiciliary law.
D% W1@ i/ i$ $1a$ i' i'$#/$a$# /7--#//i!'B 'a$i!'al law
!2 $1# "#-#"#'$ i/ 2!ll!w#"9
! rt. ') : when it comes to family right (right to
succession is a family right) then it follows that national
law should govern.
I:. ARTICLE 46 LAW +OVERNIN+ REAL
PROPERTY
N!$#! *f the problem involves property, apply the lex
situs.
*+.R.% +ex rei sitae
* E:C% *ntestate and testamentary succession!
(a) #rder of succession
(b) mount of successional right
(c) *ntrinsic validity of will (rt. 'C)
(d) +egal capacity to succeed

R#'v!i D!-$0i'# E T0a'/&i//i!' T1#!0@ : Hreferring
bac$J. ,ecedent is a national of one country and a
domicile of another. 7hen the conflict rule of the forum
refers a matter to a foreign law for decision. (>ellis vs.
>ellis)
F!07& N!' C!'v#'i#'/ : a doctrine whereby a court of
law having full 6urisdiction over a case brought in a
proper venue or district declines to determine the case on
its merit because 6ustice would be better served by the
trial over the case in another 6urisdiction.
L!'> a0& S$a$7$# : refers to authorized substituted
service.
Cases:
% 7iciano vs% 6$i5o, Gove5be$ !'0
2acts! The partition of the estate left by the deceased
0oseph >rimo is in <uestion in this case. The 6udicial
administrator of the estate filed a scheme of partition.
ndre >rimo, one of the brothers of the deceased opposed
it. 4e contended that the partition in <uestion puts into
effect the provisions of 0oseph >rimoMs will (which states
that 0osephMs will shall be governed by /hilippine laws)
which are not in accordance with the laws of his Tur$ish
nationality, for which reason they are void as being in
violation of rticle '& (now rt. 'C) of the --.
*ssue! 7F9 /hilippine laws may govern the will of 0oseph
>rimo, a Tur$ish.
4eld! ndre did not prove that said testamentary
dispositions are not in accordance with the Tur$ish laws,
inasmuch as he did not present any evidence showing
what the Tur$ish laws are on the matter and in the
absence of evidence of such laws, they are presumed to be
the same as those of the /hilippines. There is no evidence
in the record that the national law of the testator was
violated in the testamentary dispositions in <uestion
which not being contrary to our laws must be complied
with and executed. Therefore, the approval of the scheme
of partition is not erroneous.
Regarding the exclusion of ndre as legatee, inasmuch
as he is one of the persons designated as such in the will,
which says Hxxx the institution of legatees in this will is
conditional and the condition is that the instituted legatees
must respect the testatorMs will to distribute his property,
not in accordance with the laws of his nationality but in
accordance with the laws of the /hilippines xxxJ. *f this
condition is valid, any legatee who fails to comply with
the will li$e ndre is prevented from receiving his legacy.
Said condition is void being contrary to law for rticle
8(3 provides that impossible conditions shall be
considered as not imposed xxx Said condition is contrary
to law because it expressly ignores the testatorMs national
law.
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'% 6ellis vs% 6ellis, / 3une !/0
2acts! mos >ellis was a citizen and resident of Texas at
the time of his death. >efore he dies, he had made 3 wills,
one disposing of his Texas properties, the other disposing
of his /hilippine properties. *n both wills, his recognized
illegitimate children were not given anything. Texas has
no conflicts rule (rule of /rivate *nternational +aw)
governing successional rights. 2urthermore, under Texas
law, there are no compulsory heirs and therefore no
legitimes. The illegitimate children opposed the wills on
the ground that they have been deprived of their legitimes
to which they would be entitled, if /hilippine law were to
apply.
*ssues! (') 7F9 the illegitimate children are entitled to
their legitimes. (3) 7F9 renvoi doctrine may be applied in
this case.
4eld! 7here the parties call for the application of the
5iciano case and the renvoi doctrine, the same cannot be
made because first, the 5iciano case cannot apply since
under the decedentMs national law (Texas), the system of
legitimes doed not apply to estate of a citizen of Texas.
Second, the illegitimate children cannot call for the
application of the renvoi doctrine, there being no conflict
of laws involved.
The renvoi doctrine usually pertinent where the
decedent is a national in one country and domiciled in
another. *t does not apply to a case where the decedent
was a citizen of Texas and was domiciled therein at the
time of his death.
provision in a foreignerMs will that his properties
should be distributed in accordance with /hilippine law
and not in accordance with his national law is void, being
contrary to rticle ') of the --.
3% ABna$ vs% -a$cia, 3 3anua$y !/3
2acts! @dward -hristensen was a citizen of D.S. and a
resident of -alifornia. @dward executed a will in 5anila
be<ueathing to 5aria +ucy -hristensen all his income and
property and to 5aria 4elen -hristensen (his
ac$nowledged natural child) /%,C&&. #pposition to the
approval of the pro6ect of partition was filed by 4elen
insofar as it deprives her legitime as an ac$nowledged
natural child. The court below ruled that as @dward was a
citizen of D.S. at the time of his death, the successional
rights and intrinsic validity of the provisions in his will
are to be governed by the law of -alifornia, D.S.. 4elen
contended that /hilippine law should be applied
*ssue! 7F9 /hilippine law should be applied in this case.
4eld! 7here the testator was a citizen of -alifornia and
domiciled in the /hilippines, the amount of successional
rights should be governed by his national law. 4owever,
since the conflict of law rules of -alifornia provides that
in case of citizens who are residents of another country,
the law of the country of domicile should apply, then
/hilippine law on legitimes was applied. 4ence, under
/hilippine laws, the ac$nowledged natural daughter
cannot be deprived of her legitime.
:. ARTICLE 46 LAW +OVERNIN+ E:TRINSIC
VALIDITY OF CONTRACTSB WILLSB PUBLIC
INSTRUMENTS.
*+.R.! +ex loci celebrationis (forms and solemnities) or
locus regit actum.
A..li-a$i!' !2 +#'#0al R7l#%
(') rt. L') : wills made by 2ilipinos abroad may be in
the form established by such country.
E,-%
(a) 3
nd
par, rt. '8 (diplomatic or consular officials)
(b) rticle L'( in relation to rt. L'L : 6oint wills
executed abroad, not valid in the /hilippines
(c) rt. L'C : 7ill made by an alien abroad maybe
executed according to formalities prescribed by
law where he resides, his country or what civil
code prescribes.
(d) rt, L'8 : will made by an alien in the
/hilippines executed in accordance with law of
his country or law allowed by his country.
(3) rt. 3C, 2amily -ode : marriages contracted by
2ilipinos abroad in accordance with laws in force in the
said country.
E,-.%
(a) rt. %), par ' . age
(b) rt. %), par. 1 : bigamous marriage
(c) rt. %), par. ) : mista$e of identity
(d) rt. %), par. C : void under rt. )%
(e) rt. %C : psychological incapacity
(f) rt. %8 : incestuous marriage
(g) rt. %L : void for reasons of public policy
HUMAN RELATIONS
I. ARTICLE 45 ABUSE OF RI+HT IS
ACTIONABLE
*+.R.! >reach of promise to marry, not actionable
(=ashem Shoo$at vs. -R 4ermosisima vs. -)
*E:C.! >reach of promise to marry S some act or event T
civil action for damages (/e vs. /eR 7assmer vs. Gelez)
Cases:
% -ashe5 ;hookat 6aksh vs% CA, '! ;C&A (
2acts! 5arilou =onzales filed a complaint for damages
against petitioner for the alleged violation of their
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argument to get married. 5arilou alleges that she is 33
years old and pretty lass of good moral character while
petitioner is an *ranian. The latter countered and proposed
to marry her. /etitioner forced her to live with him but
petitionerMs attitude towards her started to change, he
maltreated and threatened to $ill her. /etitioner repudiated
their marriage agreement.
*ssue! 7F9 a breach of promise to marry is an actionable
wrong.
4eld! The existing rule is that a breach of promise to
marry per se is not an actionable wrong. This
notwithstanding, the said -ode contains a provision,
rticle 3', which is designed to expand the concept of
torts in this 6urisdiction by granting ade<uate legal remedy
for the untold number of moral wrongs which is
impossible for human foresight to specifically enumerate
and punish in the statute boo$s.
*n the light of the above laudable purpose of rt. 3',
the S- held that where a manMs promise to marry is in fact
the proximate cause of the acceptance of his love by a
woman and his representation to fulfill his promise,
thereafter becomes the proximate cause of the giving
herself unto him in a sexual congress, when in reality he
had no intention of marrying her, and that the promise
was only a subtle scheme to obtain her consent to the
sexual act, such would 6ustify the award of damages
pursuant to rt. 3', not because of such promise to marry
but because of the fraud and deceit behind it and the
willful in6ury to her honor and reputation. Such in6ury
should have been committed in a manner contrary to
morals, good customs or public policy.
'% 8e$5osisi5a vs% CA, 0! ,81# /'!
2acts! Soledad -agigas (complainant), filed a complaint
for the ac$nowledgment of her child, -hris 4ermosisima,
as natural child of said petitioner, as well as for support of
said chills and moral damages for alleged breach of
promise. /etitioner admitted the paternity of the child and
expressed willingness to support the latter but denied
having ever promised to marry the complainant. 0udgment
was rendered declaring -hris as the natural daughter of
the defendant and ordering defendant to pay actual,
compensatory and moral damages.
*ssue! 7F9 moral damages are recoverable under our
laws for breach of promise to marry.
4eld! *t is the intent of the -ongress not to sanction
actions for breach of promise to marry. 4owever, when
the breach of promise to marry has been precipitated by
seduction, moral damages may be recovered.
There is no seduction in this case where the woman
was willing to have intimate relations with a man. *n such
a case, the man cannot be said to be morally guilty of
seduction.
7here a woman, who was an insurance agent and
former high school teacher, around %C years of age and
approximately '& years older than the man overwhelmed
by her love for a man approximately '& years younger
than her, had intimate relations with him, because she
wanted to bind him by having a fruit of their engagement
even before they has the benefit of clergy, it cannot be
said that he is morally guilty of seduction.
3% ,e vs% ,e, 30 7ay !/'
2acts! married man (lfonso /e), who was the adopted
son of a relative of a girlMs father and who has the same
family name as the girl, became very close to the girl and
her family. *n '()3, the man fre<uented the house of the
girl (+olita) on the pretext of desiring to teach her how to
pray the rosary. The 3 eventually fell in love. *n '()8, the
lfonso as$ed +olita to date him. +olita came to him and
never came bac$. +olitaMs parents, brothers and sisters
now sue the defendant under rticle 3'.
*ssue! 7F9 the complaint is actionable.
4eld!The S-, applying rt. 3' ruled that indeed he, a
married man, has seduced +olita through an ingenious and
tric$y scheme to the extent of ma$ing her fall in love with
him. Gerily, he has committed and in6ury to +olitaMs
family in a manner contrary to morals, good customs and
public policy.
"% Wass5e$ vs% CeleB, ' ;C&A /"+
2acts! 2rancisco Gelez and >eatriz 7assmer, following
their mutual promise of love, decided to get married and
set September 1, '()1 as the big day. #n September 1,
'()1, Gelez left a note for his bride.to.be stating that their
wedding should be postponed because the mother of
2rancisco opposes it. The next day, he sent another
telegram telling 7assmer that Gelez will return soon.
Thereafter, Gelez did not appear nor was he heard from
again. 7assmer sued Gelez for damages.
*ssue! 7F9 breach of promise to marry is an actionable
wrong.
4eld! 5ere breach of promise to marry is not actionable
wrong, but to formally set a wedding and go through all
the preparations therefore, only to wal$ out of it when the
marriage is about to be solemnized is <uite different.
#bviously, it is contrary to good customs and the
defendant conse<uently must be held answerable for
damages in accordance with rticle 3'.
(% ;ea Co5 vs% CA, '( Gove5be$ !!!
2acts! Seacom is a corporation engaged in the business of
selling and distributing agricultural machinery, products
and e<uipment. Seacom and 0 ** entered into a dealership
agreement whereby Seacom appointed the former as
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CIVIL LAW REVIEW 1
exclusive dealer in the city and province of *loilo and
-apiz. *n the course of the business relationship, 0**
allegedly incurred a balance of /'L,L1% for unpaid
deliveries and Seacom brought an action to recover said
amount plus interest. 0** alleged that as a dealer in -apiz,
0** contracted to sell 31 units of power tillers to a group of
farmers but Seacom ta$ing advantage of the said
information and in bad faith, went directly to the farmers
and dealt with and sold 3' units thereby depriving 0** of
unrealized profits.
*ssue! 7F9 Seacom was in bad faith.
4eld! "es. The principle of abuse of rights under rt. '(
departs from the classical theory that Hhe who uses a right
in6ures no oneJ. The modern tendency is to depart from
the classical and traditional theory, and to grant indemnity
for damages in cases where there is abuse of rights even
when the act is not illicit.
rticle '( was intended to expand the concept of torts
by granting ade<uate legal remedy for untold number of
moral wrongs which is impossible for human foresight to
provide specifically in statutory law.
bsence of good faith is essential to abuse of right.
=ood faith is an honest intention to abstain from ta$ing
any conscientious advantage of another.
The elements of abuse of rights under rt. '(, are!
(') there is a legal right or dutyR (3) which is exercised in
bad faithR (%) for the sole intent of pre6udicing or in6uring
another.
N!$#! legal right ceases to exist when the law granting
it has not been complied with.
/% 7et$obank vs% Wong, '/ 3une '00
2acts! 5indanao =rains (5=) applied for a credit
accommodation with 5etroban$ (5>) to finance its rice
and corn warehousing business. s a security for such
credit accommodation, respondent executed a R@5 in
favor of 5>. ,ue to 5=Ms failure to pay the obligation,
5> extra6udicially foreclosed the property. 5= re<uested
to postpone the scheduled auction. 5= paid /3&,&&& for
the postponement of the auction sale. The same would be
postponed for C& days. ,espite payment, the sheriff
proceeded with the auction sale. new T-T was issued
in the name of 5>. Respondent unaware of the foregoing
developments applied for a credit accommodation with
/roducers >an$ using as security the same T-T which
contains the mortgage to 5>. *t was only then that he
learned that his property was already foreclosed.
*ssue! 7F9 5> was in bad faith.
4eld! ban$ must exercise its right to foreclose a
mortgage upon the mortgagorMs failure to pay his
obligation in accordance with the clear mandate of the law
granting such right. @ach and every re<uirement of the
law must be complied with, lest, the valid exercise of the
right would end.
*t must be remembered that the exercise of a right ends
when the right disappears and it disappears when it is
abused especially to pre6udice others.
0% Alegui vs% CA, / 7a$ch '00'
2acts! residential apartment located in 5andaluyong
-ity was formerly owned by Serafia real estate, a
company owned by the >arettos. 2or more than 3& years,
unit no. ') was leased by Serafia to Sps. =enguyon. *n a
letter, the tenants were informed that the assets of Serafia
had already been transferred to .>. >aretto @nterprises.
pprehensive that they were about to be e6ected, the
tenants formed the an organization called the >aretto
partment Tenants ssociation. They elected rlegui as
G/ and +u as auditor. >elieving that negotiations were
still on going, the =enguyons were surprised to learn that
the unit they were leasing had already been sold to +u. +u
then sold it to rlegui.
*ssue! 7F9 +u and rlegui were in bad faith.
4eld! 7hile constructive trusts arising out of fraud or
duress be an actionable wrong, S- declared herein that
constructive trust may also arise out of abuse of
confidence which is now also be an actionable wrong.
Such that where officers of an association of tenants were
tas$ed to negotiate the purchase of units leased by tenant
: members, acted to purchase the units on themselves
instead, violated the trust and confidence reposed on
them. The acts of +u and rlegui directly violate the
principles enunciated in rt. '(.
+% &a5os vs% CA, Ap$il '00'
2acts! Ramos was advised to undergo an operation for the
removal of a stone in her gall bladder. >y 8!%& .5.,
@rlinda was already being prepared for operation. She was
accompanied by -ruz, her sister.in.law who was the ,ean
of the -ollege of 9ursing at -apitol 5edical -enter. 4er
surgeon, ,r. 4osa$a, arrived late ('3!') /.5.). ,r.
=utierrez (anesthesiologist) improperly intubated @rlinda.
,r. 4osa$a instructed another doctor to intubate the
patient. @rlinda was placed in a trendelenburg position : a
position where the head of the patient is placed in a
position lower than her feet. The operation did not go
well. @rlinda stayed in the *-D for a month until she died.
/etitioners filed with the RT- a civil case for damages.
*ssue! 7F9 private respondents were liable for damages.
4eld! ,r. 4osa$aMs irresponsible conduct of arriving very
late for the scheduled operation of @rlinda is violative not
only of his duty as a physician but also of rticle '(.
!% #ui vs% 7atillano, '0 7ay '00"
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2acts! +ariosa was employed as laborer in a store owned
by >en and Iiao. d6acent to the said store was another
store owned by IiaoMs son, +ui. #n #ctober '(LL,
+ariosa was ta$en ill and was permitted to ta$e the day
off. 4e went to the house of his aunt (5atillano). +ariosa
reported for wor$ the day after but Iiao told him that his
employment was terminated. 4e was able to collect only
his bac$wages. 4e withdrew money from his ban$
account and bought a cassette and sunglasses. +ariosa was
accused of robbery : he allegedly stole money from >en.
+ui mauled +ariosa and forced the latter to admit the
crime. +ui together with /at. +eo Ro6as went to the house
of Sps. 5atillano and too$ pants, floor mat and ladies
shoes. They also went to +ariosaMs girlfriend and forcibly
too$ the cassette and sunglasses. +ariosa executed an
uncounseled confession where he stated that he stole
/1&,&& to buy appliances, cassette etc. +ariosa sued +ui
but the case was dismissed. Sps. 5atillano sued +ui for
damages.
*ssue! 7F9 petitioners were liable for damages.
4eld! Dnder rticles '( and %3 in relation to rticle 3',
the dismissal of the complaint against petitioners are of no
relevance to the civil complaint for damages filed by the
in6ured party against them. The action for damages may
still proceed despite the dismissal of the criminal and
administrative actions.
0% 7W;; vs% Act )heate$, 0 3une '00"
2acts! 1 employees of ct Theater were apprehended by
the member of the police force for allegedly tampering
water meter. #n account of the incident, the respondentMs
water service connection was cut off. ct Theater filed a
civil case against 57SS alleging that the latter acted
arbitrarily in cutting off the respondentMs water service
connection without prior notice. ,ue to lac$ of water, the
health and sanitation of respondentMs surroundings and
patrons were affected.
*ssue! 7F9 the act of 57SS in cutting off the
respondentMs water service connection without prior
notice is pre6udicial to the latter 6ustifying the award of
damages under rticle '(.
4eld! right is a power, privilege or immunity
guaranteed under the constitution, statute or decisional
law, or recognized as a result of long usage, constitutive
of a legally enforceable claim of one person against that
other.
4owever, the exercise of right is not without
limitations. 4aving the right should not be confused with
the manner by which such right to be exercised. rticle '(
of the -- precisely sets the norms for the exercise of
oneMs rights which is that it must be exercised in a manner
in conformity with 6ustice and give every person what is
due him.
% Gikko 8otel vs% &eyes, '+ 9eb$ua$y '00(
2acts! formal party was held at 9i$$o 4otel. The party
was for invitation only thrown for the hotelMs manager, a
0apanese national. Then came a person (Roberto Reyes
a.$.a. may >isaya) who was clearly uninvited by the
celebrant. The organizer, 5s. +im, approached Reyes and
told him to leave. ccording to 5s. +im, she politely
approached Reyes. ccording to Reyes, 5s. +im
humiliated him. ,ue to his traumatic experience, he filed
a case for damages against 9i$$o hotel and +im. 9i$$o
hotel contended that pursuant to the doctrine of volenti
non fit in6uria, they cannot be made liable for damages as
Reyes assumed the ris$ of being as$ed to leave as he was
a gate crasher.
*ssue! 7F9 9i$$o hotel should be held liable for
damages.
4eld! The doctrine cannot be used as a shield against an
actionable wrong since the parties herein, although having
a right to as$ a gate crasher from leaving the hotel was
still under the obligation (as re<uired by rticles '( and
3') to treat such person fairly in order not to expose him
to unnecessary ridicule and shame.
rticle'( $nown to contain the principle of abuse of
rights is not a panacea for all human hurts and social
grievances. The ob6ect of this article is to set standards
which must be observed not only in the exercise of oneMs
right but also in the performance of oneMs duties. 7hen
this article is violated, an action for damages is proper
under rticles 3& and 3'. The common theme under
rticles '( and 3' is that the act complained of must be
intentional.
N!$#! Reyes did not win in this case for pieces of
evidence were presented that the hotel did not abuse its
right.
D!-$0i'# !2 V!l#'$i N!' Fi$ I'F70ia : refers to self.
inflicted in6ury, which precludes the recovery of damages
by one who has $nowingly and voluntarily exposed
himself to danger, even if he is not negligent in doing so.
Da&'7& A=/G7# I'F70ia : he who uses a right in6ure no
one.
Q: What is the $eason behind Da5nu5 Abs?ue 1nHu$ia?
! 2or as long as the person is exercising his right
provided under rticle '(, he cannot be held liable. >ut if
there is an abuse of the right, he can now be held liable.
@xample! 9uisance (can be abated 6udicially or
extra6udicially)
II. ARTICLE () CONTRARY TO LAW
9$ancisco vs% CA, '! Gove5be$ !!!
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2acts! . 2rancisco Realty of which dalia 2rancisco is
the president entered into a land development and
construction contract with 4erby -onstruction
represented by its president 0aime #ng, pursuant to a
housing pro6ect financed by =S*S. 4erby filed a
complaint against 2rancisco and =S*S for the collection
of unpaid balance under the pro6ect. They entered into a
compromise agreement. *n '(8(, after an examination of
the records of the =S*S, #ng discovered that ,iaz and
2rancisco had executed 8 chec$s drawn against *nsular
>an$ and payable to 4erby. #ng claims that these chec$s
were never delivered to 4erby. Dpon in<uiry with ,iaz,
#ng learned that the =S*S gave 2rancisco the custody of
the chec$s. 2rancisco forged the signature of #ng to ma$e
it appear that 4erby had indorsed the chec$s.
*ssue! 7F9 petitioners are liable for damages for forging
the signature of #ng.
4eld! 2orging the signature of another without his
$nowledge or consent for the purpose of indorsing a
chec$ and depositing the same under the forgerMs account
is contrary to law. Dnder the law, every person who
contrary to law, willfully or negligently causes damage to
another shall indemnify the latter for the same.
III. ARTICLE (4 CONTRARY TO MORALSB
+OOD CUSTOMSB PUBLIC POLICY
Cases:
% A$afiles vs% ,hilippine 3ou$nalists, '( 7a$ch '00"
2acts! #n pril '1, '(L8, while 5orales, a reporter of
/eopleMs 0ournal was at the 7/,, @rmelita, an employee
of 9ational *nstitute of tmospheric Sciences (9*S),
lodged a complaint against petitioner (9*S director) for
forcible abduction with rape and forcible abduction with
attempted rape. 5orales thereupon personally interviewed
@rmelita for the purpose of reporting the same in the next
issue of /eopleMs 0ournal. 4e tried to contract rafiles to
verify @rmelitaMs story but failed. 5oralesM report
appeared as a headline on /eopleMs 0ournal. /etitioner
instituted a complaint for damages arising therefrom.
*ssue! 7F9 rafiles may recover damages.
4eld! *n order that a discreditable imputation to a public
official be actionable, it must either be a false allegation
of fact or a comment based on false supposition. *f the
comment is an expression of opinion based on established
facts then it is immaterial that the opinion happens to be
mista$en as long as it might be reasonably inferred from
the facts. 4ere, the girl.victim gave her statement in the
presence of the media who subse<uently interviewed her.
*n actions for damages for libel, it is axiomatic that the
published wor$ alleged contain libelous material must be
examined and viewed as a whole. The presentation of the
news item which is the sub6ect of petitionerMs complaint
may have been in a sensational manner but it is not illegal
per se. The newspapers must be given such leeway and
tolerance to enable them to courageously perform their
important role in our democracy.
'% 6u*ag vs% CA, 0 3uly !!'
2acts! >unag brought -irilo to a motel where she was
raped. >unag promised to marry -irilo. They lived
together as husband and wife for 3' days and filed their
respective applications for a marriage license. fter
leaving -irilo, >unag filed an affidavit withdrawing his
application for marriage license. complaint for damages
for alleged breach of promise to marry was filed by -irilo
against >unag.
*ssue! 7F9 -irilo is entitled to damages.
4eld! The acts of petitioner irremissibly constitute acts
contrary to morals and good customs. These are grossly
insensate and reprehensible transgressions which
indisputably warrant and abundantly 6ustify the award of
moral and exemplary damages pursuant to rticle 3' in
relation to paragraphs % and '& of rt. 33'(, 333( and
33%1.
IV. ARTICLE (( ACCION IN REM VERSO NO
MISTA8E
P0i'-i.l# !2 U'F7/$ E'0i-1&#'$ : applied in rticle 33
(ac<uisition of something) and rticle 3%, -ivil -ode (one
benefited thru act or event causing damage to another).
Q: What is the unHust en$ich5ent p$ovision in p$ope$ty?
! rticle 8'( : regardless of the amount, you are
re<uired to give to the public officer and proper notice is
given to the public. *t is only after the lapse of C months
when the finder could ac<uire ownership over it.
/rovisions on builder, planter sower : any expenses
which involve necessary or useful expenses of the builder,
planter or sower, he has the right to retain it in his
possession until being reimbursed by the owner,
otherwise, tantamount to un6ust enrichment.
N#>!$i!07& +#/$i! : (rt. 3'11) anyone who voluntarily
ta$es charge of the agency or management of the business
of property of another without any $nowledge of the latter
shall continue doing the same until the termination of the
neglect or abandonment of said property.
S!l7$i! I'"#=i$i : the 6uridical relation which is created
when something is received when there is no right to
demand and it was unduly delivered through mista$e,
obligation to return it arises.
Cases:
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CIVIL LAW REVIEW 1
% 8%#% Ca$los vs% 7a$ina, '! 3anua$y '00"
2acts! 5arina properties entered into a contract
(construction of /hase % of 5arina >ay 4omes) with 4.+.
-arlos for %C) days. 4.+. -arlos instituted a case for sum
of money against 5arina see$ing the payment of
/'1,&&&,&&&.
*ssues% (') 7F9 there was un6ust enrichmentR (3) 7F9
4.+. -arlos may recover a reasonable value of the
services it rendered.
4eld! There is un6ust enrichment under rticle 33 when a
person is un6ustly benefited and such benefit is derived at
the expense of or with damages to another. Dnder the
principle of <uantum meruit, a contractor is allowed to
recover the reasonable value of the thing or service
rendered despite the lac$ of written contract in order to
avoid un6ust enrichment. Buantum meruit means that in
action for wor$ and labor, payment shall be made in such
amount as the plaintiff reasonably deserves. To deny
payment for a building almost completed and already
occupied would be to permit un6ust enrichment at the
expense of the contractor.
'% Aguila$ vs% CA, 0 3uly '000
2acts! guilar entered into a lease agreement with Sps.
0uguilon. /etitioner paid advance rentals. To comply with
their obligations, the spouses vacated the second floor but
they moved bac$ because the spousesM own building is
under construction. guilar instituted an action for
specific performance against the spouses. *t prayed that
the spouses be ordered to deliver to him the entire
property which was the sub6ect matter of the lease
contract.
*ssue! 7F9 there was un6ust enrichment.
4eld! *t is but fair that the spouses made to pay a fair
rental value for the use and occupation of a portion of the
leased premises from the time they have returned to said
building. *t would be un6ust enrichment for the private
respondents to demand rent for the entire leased premises
when they themselves are at the same time occupying a
portion thereof.

V. ARTICLE (< COURT3S PROTECTION OF
THE UNDERDO+
Pa0#'/ Pa$0ia# : sovereign power of the state in
safeguarding persons under disability.
VI. ARTICLE (5 PROOF BEYOND
REASONABLE DOUBT PREPONDERANCE OF
EVIDENCEH ACDUITTAL IN CRIMINAL ACTION
RELIEF FROM CIVIL LIABILITY
E:C.! -riminal case does not exist.
VII. INDEPENDENT CIVIL ACTION IARTICLE 34J
CIVIL OBLI+ATION NOT ARISIN+ FROM A
FELONY
I'"#.#'"#'$ Civil A-$i!' : one brought distinctly and
separately from the criminal case (Sec. % Rule ''', R#-)
IAJ ART. 3( BREACH OF CONSTITUTIONAL
AND OTHER RI+HTS
IBJ ART. 33 DEFAMATIONB FRAUDB
PHYSICAL IN;URIES
ICJ ART. 3< REFUSAL OR FAILURE OF CITY
E MUNICIPAL POLICE TO +IVE
PROTECTION
IDJ ART. (466 DUASI DELICT OR CULPA
ADUILIANA
;a$5iento I #i5pin vs% CA, '0 Dece5be$ '00'
2acts! +impin and postol doing business under the name
of ,avao +ibra *ndustrial Sales filed an application for an
irrevocable domestic letter of credit with ssociated >an$
for the amount of /1()I in favor of +S /arts 4ardware
for the purchase of scrap irons. The >an$ issued a trust
receipt. The defendants +impin and postol failed to
comply with their underta$ing under the trust receipt.
,efendants claim that they cannot be held liable as the
scrap iron were lost when the vessel transporting them
sun$. RT- and - ruled against petitioners. /etitioners
now contends that - had departed from the applicable
basic principle and procedure to the case embodying
ssociated >an$Ms claim for the civil liability of /1()I
not having been expressly reserved by it, has been not
only impliedly but in fact expressly instituted in criminal
case.
the applicable basic principle and procedure to the case
embodying ssociated >an$Ms claim for the civil liability
of /1()I not having been expressly reserved by it, has
been not only impliedly but in fact expressly instituted in
criminal case.
*ssue! 7F9 the civil liability is deemed instituted
4eld ! 7hile a reading of Rule ''' shows that the
offended party is re<uired to ma$e a reservation of his
right to institute a separate civil action, 6urisprudence
instructs that such reservation may not necessarily be
express but may be implied which may be inferred not
only from the acts of the offended party but also from acts
other than those of the latter.
9othing in the records at hand shows that private
respondent ever attempted to enforce its right to recover
civil liability during the prosecution of the criminal action
against petitioners.
VIII. ARTICLE 3) CIVIL OBLI+ATIONS
ARISIN+ FROM CRIMINAL OFFENSE.
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CIVIL LAW REVIEW 1
ARTICLE 3A RESERVATION OF CIVIL ACTION
SHOULD BE MADE BEFORE THE PROSECUTION
PRESENTS EVIDENCE
IAJ ARTICLE 4))B RPCB PERSON CRIMINALLY
LIABLE IS ALSO CIVILLY LIABLE
+.R.% @xtinction of penal action does not carry extinction
of civil action (Sec. 3, Rule ''', R#-)
R#a/!'% Buantum of evidence in civil case U criminal
case
E:C.! *f ac<uittal is based on a finding that the accused
did not commit the criminal acts imputed to him (7estern
vs. Salas)
Weste$n vs% ;alas, ' August !!0
4eld! 7here the ac<uittal is on a finding that the
defendant did not commit the crime complained of, a civil
action Hex.delictoJ cannot prosper. c<uittal in a criminal
action bars the civil action arising therefrom where the
6udgment of ac<uittal holds that the accused did not
commit the criminal acts imputed to him.
IBJ EFFECT OF DEATH OF THE ACCUSED TO
THE CIVIL LIABILITY ISEC. <B RULE 444B ROCJ
Cases:
% ,eople vs% ;endaydiego, '0 3anua$y !0+
4eld! ,eath of the defendant during the appeal or before
the 6udgment of conviction by the lower court become
final and executory extinguished his criminal liability but
his civil liability survives. (>9,#9@,V)
'% ,eople vs% 6ayotas, ' ;epte5be$ !!"
4eld! ,eath of the accused pending of his conviction
extinguished his criminal liability as well as his civil
liability based solely thereon. This means that if the civil
action is one called ex delicto or arising from the crime,
the death of the accused extinguishes both the criminal
and civil aspect of the case.
4owever, a civil action not arising from the crime such
as those arising from other sources of obligation which is
not a crime (such as law, contracts, <uasi.contracts and
delicts) the claim for civil liability survives
notwithstanding the death of the accused.
7here that civil action survives, an action for recovery
from such may be pursued only by way of filing a
separate civil action. This separate civil action may be
enforced either against the executor, administrator of the
estate of the accused depending on the source of the
obligation.
/rescription will not lie against the filing of a separate
civil action when the offended party opted to institute the
civil action simultaneously with the criminal action and
then later, the civil action was extinguished together with
the criminal action after the death of the accused.
The statute of limitations on the civil liability is
deemed interrupted during the pendency of the criminal
case and conformably with provisions of rticle '')) of
the --, that should avoid any apprehension on a possible
privation of right by prescription.
ICJ SEC. 4B RULE 444B ROC UNDER THE 4558
RULES ON CRIMPRO INSTITUTION OF CIVIL
ACTION WITH CRIMINAL ACTION WAS
E:TENDED TO ARTICLES 3(B 33B 3< AND (466 OF
THE CC. UNDER THE ())) REVISED RULES ON
CRIMPROB ONLY CIVIL LIABILITY ARISIN+
FROM OFFENSE CHAR+ED IS DEEMED
INSTITUTED WITH THE CRIMINAL CASE
+.R.! -ivil liability arising from the offense charged is
deemed instituted with the criminal action.
E:C.%
(') #ffended party waives civil action
(3) #ffended party reserves the right to institute it
separately
(%) -ivil action instituted before criminal action.
N!$#%
The reservation of the right to institute separately the civil
action shall be made before the prosecution starts
presenting its evidence and under circumstances affording
the offended party a reasonable opportunity to ma$e such
reservation.
;a$5iento vs% CA, '0 Dece5be$ '00'
4eld! The reservation to file a separate civil action may
not be necessarily be express but may be implied which
may be inferred not only from the acts of the offended
party.
2ailure of the court to ma$e any pronouncement,
favorable or unfavorable as to the civil liability of the
accused amounts to a reservation of the right to have the
civil liability litigated and determined in a separate action,
for nowhere in the R#- is it provided that if the court
fails to determine the civil liability, it becomes no longer
enforceable.
The appearance of the offended party in the criminal
case through a private prosecutor may not per se be
considered either as an implied election to have his claim
for damages determined in said proceedings or a waiver
of his right to have it determined separately. 4e must
actually or actively intervene in the criminal proceedings
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CIVIL LAW REVIEW 1
as to leave no doubt with respect to his intention to press a
claim for damages in the same action.
*n the present case, the withdrawal of appearance of
offended partyMs counsel in the early stage of the criminal
proceedings is a clear intention of not submitting its claim
for civil liability against the defendant in the criminal
case.
N!$#%
,ue to the dual concept of civil liability, more than one
civil action to recover civil liability arising from the same
act or omission is allowed, only limitation is against
double 6eopardy.
Cases:
% Ace 8aule$s vs% CA, '3 August '000
4eld! *n negligence cases the offended party has the
option between an action for enforcement of civil liability
based on culpa criminal under rticle '&& of the R/- and
an action for recovery of damages based on culpa
a<uiliana under rticle 3'88 of the --.
rticle 3'88 however, precludes recovery of damages
twice for the same negligent act or omission. 7here
accused has been criminally charged (granting
recoverable indemnity) and in the separate civil action,
damages has been awarded, the offended party may only
be entitled to the bigger award of the two, if the amounts
vary.
'% 7accay vs% ;ps% Gobela, 3 7a$ch '00(
4eld! court trying a criminal case cannot grant the
award of damages in favor of the accused. The court
trying a criminal case should limit itself to the criminal
and civil liability of the accused. lso, under Sec. '(a),
R#-, the accused cannot file a counter.claim, cross.claim
or %
rd
party complaint, the sub6ect matter thereof should be
litigated in a separate civil action.
Di/-7//i!' !2 A0$i-l#/ (5 $! 3A
( +0!7./%
4. Fi0/$ >0!7. : rticles 3(, %& and %). 7ith reservation.
Relate these articles to rticle '&& of the R/- and Sec. ',
Rule ''', R#-.
(. S#-!'" >0!7. : rticles %'.%1 and 3'8C. @ven without
reservation.
Q: Why g$ouped?
! because in the first group, a person criminally liable is
also civilly liable. 5ay arise from tort.
Q: What a$e the sou$ces of obligation?
! law, contract, <uasi.contract, delict, <uasi.delict.
@xamples!
Slapping incident in public can be a slander by deed. 3
liabilities may arise, one civil and one criminal.
Gehicular accident and the passengers died. -ivil case :
damages. -riminal case : rec$less imprudence resulting
to homicide.
Q: What a$e the possible sou$ces?
! Buasi delict : important element is negligence. @ven
without reservation, civil case may be filed.
4owever, if pursuing based on delict, reservation should
be made.
:. ARTICLE 36 PRE;UDICIAL DUESTION. SEE
SECTIONS 6 AND 6B RULE 444B ROC
P0#F7"i-ial D7#/$i!' : one which must be decided first
before a criminal action may be instituted or may proceed
because a decision therein is vital to the 6udgment in the
criminal case.
El#&#'$/ !2 P0#F7"i-ial D7#/$i!'% I&#&!0i?#J
(') -ivil action involves an issue similar or
intimately related to the issue raised in the
criminal action
(3) Resolution of such issue determines whether or
not the criminal action may proceed.
(%) 0urisdiction to try said issue must be lodged in
another tribunal
(1) -ivil action must be filed first before the
criminal action
the issue in the criminal case is entirely different
in the civil case but the issue in the latter is
intimately related with the former
Ti.% *n the >ar @xam
') *mmediately identify what are the 3 cases
involve. s a rule ' civil ' criminal case
3) The civil case should be filed first.
a. *f the criminal case preceded the civil
and it appeared that the accused filed
the civil case, it would show that he
filed it to benefit him, if the accuse filed
a motion to suspend the criminal case,
base on the existence of a /B.
%) pursuant to elements, go bac$ to criminal case
and determine how is the crime committed
I#l#&#'$/J
1) go bac$ to the civil case, if the civil case would
be decided in favor of the accused, would it have
any effect as to the elements of crime, if yes,
there is /B, if no effect no /B
@xample%
') ,eclaration of 9ullity of 5arriage (-ivil)
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>igamy (-riminal -ase)
3) ssuming that the 9ullity is filed ahead, then go
to elements of >igamy.
%) @lements of >igamy! >igamy is committed by
any married person (a) first valid marriage (b)
not yet legally dissolve during the existence of
the first marriage (c) accuse contracted second
marriage (d) which has all the essential and
formal re<uisites of a marriage
E22#-$ !2 Fi0/$ Ma00ia># a/ a N7lli$@
Q: 1f the fi$st 5a$$iage is a nullity, will it affect the
6iga5y caseJ does it 5ean that the accused did not
co55it 6iga5y?
! 9oB when the accused contracted the 3
nd
marriage, the
first marriage is still existing (one of the elements) so if
later on it will be declared void, it will not negate the fact
that at the time he contracted the 3
nd
marriage, there
already is bigamy since at the time of 3
nd
5arriage, the '
st
marriage is yet to be declared as annulled
Therefore all elements of >igamy is present, the nullity
of the '
st
marriage has no effect even if later on declare
void.
E22#-$ !2 S#-!'" Ma00ia># a/ a N7lli$@
*f the ground of declaration of nullity of 3
nd
marriage is
absence of 5arriage +icense, if the 3
nd
marriage is
declared void, will it affect element of >igamy (@lement
number 1), that for bigamy to exist 3
nd
marriage should
also be valid, if there is no 5arriage +icense, then the 1
th
element is not present hence there is /B.
Q: 1f the g$ound is psychological incapacity, will the
answe$ be the sa5e?
! 9o, /sychological *ncapacity is not an essential or
formal re<uisite of 5arriage, although is a ground for
declaration of 9ullity of marriage
*t would not have any effect in >igamy case, even if
later annulled because at the time 3
nd
marriage was
contracted, it has all element of a valid marriage, it 6ust
happen that psychological incapacity is a ground at
present under the 2amily -ode and such ground has no
retroactive effect as to the decisions of 9ullity, why? *f
the ground is /*, children born before the declaration of
nullity will remain legitimate, but if the ground is lac$ of
essential or formal re<uisites of marriage, children
although born before the declaration of nullity they will
be considered illegitimate, because the decision can be
given a retroactive application.
E,a&.l#% A''7l&#'$ !2 C!'$0a-$ !' $1# >0!7'" !2
20a7" ICivilJ. BP (( IC0i&i'al -a/#J
(3) =ranting the civil case was filed ahead of criminal
case.
(%) >/ 33 is violated by issuing a chec$ which has
not been sufficiently funded.
(1) if the contract will be annulled on the ground of fraud,
will it affect the decision in >/ 33, 9#, because, in >/
33, regardless of the reason for the bouncing of the chec$,
what is material is that upon issuing, there is no fund from
which is may be drawn, that is why there is no defense in
>/ 33.
D% I/ $1# -ivil -a/# i' $1i/ i'/$a'-# a PD i' BP ((9 !
9o, because even if the contract is subse<uently annulled
the violation of the law has nothing to do with whether or
not the contract was later on annulled.
E,% E/$a2a IC0i&i'al Ca/#J A''7l&#'$ !2 C!'$0a-$
ICivilJ.
Q: What is one of the i5po$tant ele5ent in the
co55ission of @stafa?
! 2raud, so if in the annulment case the existence of
fraud had been established and the contract was annulled,
it is then possible that it would have an effect upon the
existence of estafa because if it is prove that the
complainant in the criminal case has commited fraud for
the annulment of contract, then it follows that the
defendant in criminal case did not commit estafa. 4ere
there is a /B.
3udge )a5in, !!'
S- gave an exceptional case, that even if there are 3
civil case, there can be a /B, this is an isolated case.
>ecause as a general rule, for a /B to exist there must be
' civil and ' criminal. *n this case, it involves a cadastral
case and e6ectment case, and the court ruled that even if
there are 3 civil cases there is a /B, because in this case,
defendant in the e6ectment case is claiming that the
property were he is in possession belongs to him. *f the
cadastral proceeding will push through and will be
rendered in his favor, then it will follow that he is not an
illegal settler, that the property really belongs to him.
D5ikting vs% CA, '000
4ere it involves an intra.corporate issue. There is an
authority given by the corporation to a third person to act
in behalf of the corp. The other case is an estafa case. S-
held that the resolution of the issue raise in the intra.
corporate dispute will determine the guilt or innocence of
respondent for the crime of estafa filed against him. #ne
of the element of the crime of estafa is with abuse of
confidence under rt %') par '(b), is a demand made by
the offended party to the offender. Dnder the
circumstance since the allege offended party, the validity
of the demand to deliver the sub6ect vehicle rest upon the
authority of the person ma$ing such demand. 4ere this is
a special $ind of estafa, where one of the elements is the
authority of the person who made the demand, it 6ust that
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CIVIL LAW REVIEW 1
in the civil case the issue is whether or not there was
really an authority given to the person who made the
demand. So if it can be shown that there was really an
authority then it follows that there is no estafa committed.
4ere there is also a /B.
PERSONS
I. CLASSIFICATION OF PERSONS
() 9atural /erson
(>) 0uridical /erson
Q: What if in the p$oble5, the ?uestion would be
5ultiple choice and you will be ask to identify who is a
Hu$idical pe$son%
N!$#! -o.ownership does not have a 6uridical personality,
a partnership does.
a. -o.ownership
b. /artnership
c. -redit Dnion
d. ,epartment of 0ustice
e. #ffice of the #mbudsman
f. +ocal =ovMt of Ialoo$an
II. ARTICLE 36 ;URIDICAL CAPACITY
CAPACITY TO ACT
0uridical person, has its own 6uridical personality.
0uridical -apacity is different from capacity to act.
;70i"i-al Ca.a-i$@ : fitness to be the sub6ect of legal
relations. /resupposes personality and is inseparable from
it.
Ca.a-i$@ $! A-$ : power to do or carry out acts that will
have 6uridical effect. -an be ac<uired or may be lost by a
person in varying degrees.
Q: )$ue o$ 9alse, a pe$son that has Hu$idical capacity
has capacity to act?
! 2alse, because even if one has 6uridical capacity, there
maybe certain restriction in ones capacity to act)
@xample! >uboy and >ell has 6uridical capacity but they
do not have the capacity to ta$e the >R exam, if their
educational attainment restrict their capacity, because they
may be college graduate but not a law graduate.
Q: )$ue of 9alse: pe$son with a capacity to act, has a
Hu$idical capacity?
! True, because if one has the capacity to act it follows
that the said person can enter into any 6uridical
relationship, who may be a natural or 6uridical person that
has a 6uridical capacity.
III. ARTICLES 38 AND 35 RESTRICTIONS ON
CAPACITY TO ACT
I'-a.a-i$@ : is the restriction of a personMs capacity to
act.

rt %L.%(, restriction on capactity to act , we do not apply
the @xpression Dnios Rule. There are ceratin resriction
which might not appear in the enumeration but may still
be considered as a restriction to once capacity to act. So
if one desires to practice the profession of law in the
/hilippines, but he is not a 2ilipino citizen, his nationality
would be considered as a restriction on his capacity to
practice law in the /hil.
( Cla//#/ !2 R#/$0i-$i!' E I'-a.a-i$@%
(') 9atural incapacity!
(a) ,ue to lac$ of development : minority
(b) ,ue to disease : insanity, deaf.mute,
impotency
(3) -ivil incapacity!
(a) ,ue to crime : civil interdiction
(b) ,ue to public policy : family relations, domicile,
9ationality, insolvency, absence
*V. ARTICLE <) CIVIL PERSONALITY
ARTICLE <4
A0$i-l# <) a'" <4
>irth determines /ersonality. >ut a conceived child
should be considered born for all purposes favorable to it.
De 3esus vs% ;y?uia I -eluB, (+ ,81# ++/
The case of ,e 0esus has something to do with a
donation to a conceived child. *n the latter case, it
involves a claim for damages for an aborted child. *n the
former, the donation as considered as valid and binding to
the conceive child, even if the child was not yet born.
Why? Ta$e note of the phrase, shall be considered born
(even if still conceive), for purposes favorable to it. The
word favorable is important, because even if the child still
inside the womb, there is an act performed by a third
person in favor of the conceive child, but that act is not
favorable to the conceived child, the provisional
personality being given to the conceived child will not be
applicable. rt 1&, apply only if the act performed by the
third person is favorable. @x! in the will of the biological
father, it allege that he is ac$nowledging the child being
conceive by his longtime live in partner 5aria, he will
donate his house and lot to the baby being conceived by
5aria. The act of ac$nowledgment and donation is both
favorable.
>ut what if the biological father would state that
all his obligation will also be assumed by my child with
5aria, the same can no longer be considered as favorable,
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CIVIL LAW REVIEW 1
hence the provisional personality of the child will no
longer be applicable to the conceive child
That presumptive personality should become
conclusive later on and the law gives the re<uirement for
it to be conclusive and the law re<uires that Hif the child
had an intra.uterine life of less that 8 months, it should be
alive for at least 31 hours from the time of its complete
delivery, but if the child has intra.uterine life of 8 months
or more, it need not survive for 31 hrs. what is important
is that it is alive from the time it is completely delivered.
=oing bac$ to the case of baby of 5aria, can she
claim the inheritance or demand for support after the birth
of the child, yes, provided that, applying rt 1', Hif the
child is less than 8 month, it survived for 31 hrs, because
if it did not survive even if there is a donation in a will,
the child did not ac<uire 6uridical capacity, hence legally
spea$ing has never become a natural person. >ut if the
child survives for 31 hrs, then after lapse of 31 hrs he
died, can 5aria still recover the donationK "@S, because
the 31 hrs re<uirement has been complied with, assuming
it had less than 8 months of intra.uterine life, thus legally
spea$ing when it was born it was considered as a natural
person, the mother being a compulsory claim, has the
right to claim the donation given to the child.
>ut if the child is 8 months or more, then after
delivery it cried, then died, 5aria, may still get the
donation because the child need not live for at least 31
hrs.
ssuming the problem given is so general, and it
did not state how old is the child when it was delivered,
you must ma$e a <ualification, provided that the act is
involve is favorable to the conceive child, otherwise no
need to ma$e a <ualification, in that sense, the conceived
child never had a presumptive personality to spea$ of.
/resumptive personality pertains only to a
conceived child. *t does not apply to corporation about to
be registered, the law is very clear, it pertains only to a
conceived child.
#i5Hoco vs% @state of 9$agante, !"+
S- held that the estate of the deceased is a 6uridical
person. So that in succession although the definition of
succession includes transfer of rights property and
obligation, strictly spea$ing the obligation is not being
transferred. Why? >ecause, prior to partition, the
creditors will be the to be settled first, they can sue the
estate because it is a considered a 6uridical person.
ARTICLE <3 PRESUMPTION ON
SURVIVORSHIP E SIMULTANEOUS DEATH.
FACTS ARE UN8NOWN APPLIES WHENEVER
PARTIES WHO DIED ARE CALLED TO SUCCEED
EACH OTHER. OTHERWISEB SEC. 3 PAR ;;B
RULE 434 OF THE ROC ON DISPUTABLE
PRESUMPTIONS APPLIES.
N!$#% See Rule '%', Sec. ) (II), R#-
Q: Assu5ing that 3uan and 5a$ia got d$owned in a
flood cause by ove$flowing of the da5, who was the fi$st
one who pe$ished? Will a$ticle "3 be applied?
! 9o, even if they have been living together as husband
and wife for more that '& years, but not legally married,
he cannot apply rticle 1% because this article will only
apply if people involve is called to succeed to each other,
that why this should be connected to the rules on
succession as to who is considered as a compulsory heir.
*f live in partner, no application. /resumption on
survivorship involves person who died are called to
succeed to each other legally.
Q: What if in the will the na5e is w$itten as volunta$y
hei$?
! *nstituted heir but not compulsory heir, so still not
applicable.
R7l# 434 S#- 3 a'" A
=ives the presumption as to who died ahead of whom.
*n the bar exam, stic$ to this presumption.
D!&i-il# a'" R#/i"#'-#
I' Civil Law
D!&i-il# : there is an element of permanence, place
where one intends to return
R#/i"#'-# : temporary in character
I' P!li$i-al Law IEl#-$i!' Law i' .a0$i-7la0J
The distinction has disappeared.
FAMILY CODE EFFECTIVITY A7>7/$ 3B 4588
Dnder rticle 3)C, the 2amily -ode may be given
retroactive effect, provided that it will not affect vested
rights.
#ne might encounter a problem in the bar exam
wherein, if the date is indicated, that serves a warning
whether the family code or the civil code would apply. *f
there is no date, then the new civil code would apply.
Sometimes the situation would fall under the phrase
Hprovided that it will not affect vested rightsJ : -ase of
Ty vs. -.
Ma00ia>#
A0$i-l# 4 I&#&!0i?#J
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CIVIL LAW REVIEW 1
Q: 1t says the$e that a cont$act of 5a$$iage is a special
cont$act% Why special?
! >ecause in an ordinary contract, there is a meeting of
the mind but at the same time parties have the discretion
to enter into any $ind of stipulation. >ut in a contract of
marriage parties do not have the discretion to enter into
any $ind of stipulation.
Acebedo vs% A$oce$os
n instrument entitled $asunduan executed by the
husband and the wife was declared null and void for being
against public policy.
/arties are not allowed to stipulate for themselves their
separation and allow the other party to marry of the other
in the absence of 6udicial intervention. That is an
agreement that is against the law. the definition of rticle
' (2-), is explicit, its only during an ante.nuptial
agreement that a party can enter into a stipulation as to
what $ind of property relationship would govern the
properties that they would ac<uire during their marriage.
>ut when it comes to right and obligations, they are
imposed by law not by the parties to a marriage.
Q: A, felt like he likes 5o$e to play with dolls than
$obots, so afte$ taking the ba$, A went to 8ongkong and
when he $etu$n back in the ,hilippines, he co5pletely
change% A 5a$$ied 6 Ea guy alsoF, afte$ seve$al atte5pt
they we$e not blessed with a child, late$ 6 found out that
A is a guy% 1s the 5a$$iage conside$ed valid? Would the
5a$$iage be voidable on the g$ound of f$aud? Can that
be conside$ed f$aud in the fi$st place?
! Ta$e note that the enumeration of fraud in the 2- is
exclusive, so cannot fall under 2raudK >ut can it be use
as a ground for declaration of nullity of marriageK "@S,
on the ground of Kl#>al -a.a-i$@L MMM marriage is a union
between a man and a woman.
;ilve$io vs% &epublic
4as something to do with a guy who later on became a
woman. 4e had a sexual transplant. 4e filed a petition
for correction of entry in his birth certificate he wants to
change his name and his sex to a female. S- held that
entry in the birth certificate should refer to data at the time
of birth not to any event which would later transpire. The
trial 6udge erroneously grants the petition to change the
sex of the petitioner, because at the time of his birth
petitioner is a man not a woman.
There is a case, where a girl, who had a sexual
transplant and change her genital organ into a penis.
4owever until now she remains to have 3 ovaries and '
uterus, so notwithstanding her transplant, they cannot
together with her wife, produce a child. So they decided
to have an artificial insemination, wherein she herself got
impregnated. *f in case, a problem in the bar would be
as$ whether the marriage is valid, 6ust stic$ with rticle ',
a marriage is a union between a man and a woman.
5arriage with the same sex cannot be considered valid
here in the /hil, unless the definition would be amended.
A'!$1#0 C!&.!'#'$ !2 L#>al Ca.a-i$@ A>#
Dnder the Spanish -ivil -ode, the marrying age is still
'1 for female, 'C for male. Dnder -anon +aw, '1 for
female 'C for male. ssuming that one decided to
solemnized the marriage of below 'L since that is the
marrying age under the -anon +aw, remember that -anon
+aw would always submit to -ivil +aw.
,a$ental Consent between the ages : + to ', absence of
which will only ma$es the marriage voidable.
,a$ental Advice between the ages : ' to '(, absence of
which would not ma$e the validity of marriage.
Q: 1s the$e a cont$adiction as to age of +.' K' .'(?
! 9o, what is the $eason? >ecause in application for
marriage, one cannot consider himself to be exactly 3',
remember rt '%, ' day is e<uals to 31 hours, and in
every second that passes, one gets older, and thatMs the
reason why the law states 'L.3' F 3'.3). That is why in
our birth certificate we could see the hour and time of our
birth, this means for instance that we are 3' years of age
at that particular hour and minute and after that lapse, we
get older by another second or minute for that matter.
-a$cia &ecio vs% &ecio
The absence of certificate of legal capacity is merely
an irregularity in complying with the formal re<uirement
of procuring a marriage. n irregularity which will not
affect the validity of the marriage.
Why? >ecause itMs different if what is absent is the
marriage license not the certificate of legal capacity. *t is
different however, if one of the contracting parties is a
foreigner, because a foreigner who contracts marriage
here in the /hilippines would not be able to obtain a
marriage license. So in lieu of the marriage license, the
foreigner would have to secure a certificate from his
embassy that he has the capacity to contract a marriage.
The same thing with 2ilipino who would contract
marriage abroad, they did not have to secure the license
from the /hil, the certificate coming from the /hil
@mbassy suffice.
C!'/#'$ F0##l@ +iv#'
nother essential re<uisite of marriage, absence of
which would ma$e the marriage void ab intio. (Gices of
-onsent)
N!$#% if in the bar the <uestion has something to do with
the vices of consent in marriage, answer the <uestion in
relation to contracts in general
33 ? / a g e
CIVIL LAW REVIEW 1
+egal -apacity and -onsent freely given are the
essential elements. rticle ') in relation to rticle '8, the
former spea$s of nationality theory, if one is going to
marry abroad, one has to ma$e sure, that the essential
re<uirements as to +egal -apacity e.g. age and sex, and
consent freely given, the law that governs should be the
2amily -ode for 2ilipino where ever they may be found.
s to the formal re<uisites, the authority of the
solemnizing officer, marriage license, marriage ceremony,
connecting with article '8 of the -ivil -ode, lex loci
celebrationis, extrinsic elements. So if one would marry
abroad, if in that country, marriage license is not an
element, the marriage would be valid here in the /hil.
pplying rticle '8 of the -ivil -ode, in relation to the
2amily -ode. >ecause it does not fall under any of the
prohibited marriages, in the same way when we spea$ of
marriage by /roxy.
A7$1!0i$@ !2 S!l#&'i?i'> O22i-#0
M#&!0i?#% persons who are given the authority to
solemnize marriage.
Q: 7ayo$ of 7anila, celeb$ated the 5a$$iage August ',
!!+, is the 5a$$iage valid?
! Remember, if thereMs a date, it serves a warning
because, the law that is applicable would either be the
-ivil -ode or the 2amily -ode.

"es, under the -ivil -ode the 5ayor is one of those
persons authorize to celebrate marriage. That authority is
however ta$en away from him by the 2amily -ode.
Q: What if the 5a$$iage is celeb$ated on 3an% , !!, is
the 5a$$iage valid?
! 9o, remember that the +ocal =overnment -ode too$
effect one year after its promulgation on 0an. ', '((',
hence effective on 0an ', '((3, that is the only time when
the authority of the 5ayor was given bac$ to solemnize
marriage.
Ti&# 20a&#% ugust % '(LL : ,ec %', '((', a 5ayor has
yet no authority to solemnize marriage.
Q: What if the pa$ties believe in good faith that the
7ayo$ had the autho$ity to sole5niBe in 5a$$iage, is the
5a$$iage valid?
! 9o, ignorance of the law excuses no one in compliance
therewith. in the 2amily -ode, when we refer to
circumstance of =ood 2aith, it should refer to a mista$e of
2act not a mista$e of law. Remember that as long as the
state has enacted a law, even if one did not read it,
ignorance thereto excuses no one from complying
therewith, and since under the 2amily -ode, a 5ayor is
not given the authority to solemnized marriage, good faith
of the contracting parties would not ma$e the marriage
valid.
#a>a5ana vs% 6altaBa$, !' ,81# 3'
Q: What if the Cice.7ayo$ sole5niBed the 5a$$iage is it
valid?
! *f the Gice.5ayor is acting as a 5ayor the marriage is
valid. So ma$e a <ualification. So otherwise, if he is
acting in his capacity as a Gice.5ayor, the marriage is
null and void. >ecause a Gice mayor is not given the
authority under the +ocal =overnment -ode to
solemnized 5arriage.
Q: 3ustice Lenaida @lipanio, celeb$ated the 5a$$iage of
A and 6, is the 5a$$iage valid?
! 9o, ta$e note that 0ustice Qenaida @lipanio is not one
of the 6ustices of the Regular -ourt, but only of the #ffice
of the court dministrator, but only with a title of the
6ustice. @ven if she assume the position of the 6ustice, she
is not one of those authorize to solemnize marriage
because only the 6ustices of the S-, -, -T,
Sandiganbayan, RT-, which are allowed to solemnized
marriage.
nother example, the Secretary of ,#0, we address
him as 0ustice Raul =onzales but he is not a 6ustice or
even a member of the 0udiciary but he holds a title of a
6ustice.
+i$ewise +abor rbiters, are address as 6udge, because
their position is co.e<ual with 6udges of RT-, however
they still do not fall within the enumeration and therefore
any marriage celebrated by them is null and void.
N!$#% so find out who are incumbent at present and as to
$nown 5ayor of 5etropolitan 5anila.
Gava$$o vs% 3udge Do5agtoy, ! 3uly !!/
*nvolves a 6udge solemnizing a marriage outside his
territorial 6urisdiction. ccording to this ruling, that it is
simply considered as an irregularity.
Q: What if it is the 7ayo$ who celeb$ates 5a$$iage
outside his te$$ito$ial Hu$isdiction?
! pply by analogy the ruling in 9avarro, because so far
there is yet no Supreme -ourt Ruling regarding that
matter.
(5amMs opinon! she does not agree with the ruling, it
would have been better daw if the reason given by the
ponente is that the parties believe in =ood 2aith, that a
6udge can celebrate marriage even outside his territorial
6urisdiction, because the 6urisdiction of a 6udge can only
be $nown by lawyers or law students somehow. >ut for
purposes of the bar, stic$ with ruling in 9avarro case, that
it is merely considered as an irregularity.
P0i#/$B 0a==iB i&a&B &i'i/$#0/ !2 $1# C170-1
@xample! 5i$e Gelarde of @l Shaddai does not have the
authority to solemnize marriage. 4e is still a catholic. @l
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CIVIL LAW REVIEW 1
Shaddai, is recognized group of the Roman -atholic and
that he is not a clergy merely that head of such group.
4ence a marriage solemnized by him is null and void
because he is not a priest

S1i. Ca.$ai'B Ai0.la'# -1i#2B &ili$a0@ -!&&a'"#0B
>#'#0al -!'/7lB vi-# -!'/7l
*mmediately connect to marriage under exceptional
character, why? >ecause this people are given the
authority in cases where time is of the essence. #ne of
the parties is in articulo mortis, which is the common
factor. 2or them to be given the authority, ma$e sure that
the elements are all present, otherwise if one is absent
ignorance of the law excuses no one from compliance
therewith, good faith of the contracting parties would not
ma$e the marriage valid.
@xample! marriage celebrated by a ship captain not on
voyage between parties where in not one of them is at the
point of death, void. So with a vice consul who return
here in the /hil, and solemnized a marriage here, is void.
s in the case of the 5ilitary -ommander, ta$e
note that there must be no -haplain, if there is then it is
the chaplain that is given the authority not the 5ilitary
-ommander.
Q: What if in the ai$plane, so5e one is in a$ticulo
5o$tis and the$e is a p$iest, who should sole5niBed?
: /riest, under any circumstance has the authority to
solemnized for as long as they have such license to
celebrate marriage, the presence of the ship captain or
airship captain does not remove such authority from the
priest. The authority of the captains are invo$e only
incases where there are no other person authorize by law
to solemnized marriage are present.
Q: 7a$$iage sole5niBed by a consul between one of the
pa$ties is a 9ilipino and fo$eigne$ is this valid?
! 3 #/T*#9S!
I4J '!$ vali"B focus on the provision of the family code,
that a consul is only given authority to solemnized in
the place where he is appointed as a consul and
between 2ilipino citizen
I(J vali"B if the argument is base under a0$i-l# 46 l#,
l!-i -#l#=0a-i!'i/. Remember that the authority to
solemnized marriage is merely a formal element, and
under rticle '8, lex loci celebracionis, referring to
extrinsic elements, which is also $nown as a formal
element, if in the country where the marriage was
celebrated, and the consul is assigned, and the law of
the country gives the consul the authority to
solemnized such marriage, if it is valid in that
country and it not prohibited here, it is valid in the
/hilippines.
=ood 2aith refers only to 5ista$e of 2act and not +aw
because of the presence of rticle %, ignorance of the law
excuse no one.
Q: A, an e>.se5ina$ian, f$ust$ated se5ina$ian,
voluntee$ed as a sac$istan, one day, a 5a$$iage was
about to be celeb$ated, the p$ies was not available so he
ask A to call anothe$ p$iest% A p$etended to be assistant
p$iest and celeb$ated the 5a$$iage, is the 5a$$iage
valid?
! "@S, remember that a priest is one of those authorized
to solemnized marriage, so if the parties believe in good
faith that he is the priest, Galid, this involves a mista$e of
fact.
>ut if in the problem 0ustice Raul =onzales
celebrated the marriage, it is not valid, because he is not
authorized by law to do so. @ven if the parties are in good
faith, but since 0ustice =onzales is not one of those
enumerated under the law that has the authority to
solemnized marriage, the marriage is not valid. (5ista$e
of law)
Ma00ia># Li-#'/#
9ote! 4ow to compute the life existence of 5arriage
license. *t should be '3& days counted from date of
issuance. 7hyK @ven if a document is presented by the
contracting parties before the solemnizing officer, and the
marriage is celebrated and it would appear that the '3&
days had lapse, the marriage is void ab initio, ground! lac$
of marriage license. There is no extension of such
lifetime.
*t is advisable to file application at least 3 or %
wee$s before the intended day of the marriage, because
the posting is only for '& days.
*n cases where the '3& days had lapse and a
marriage has been contracted, it is void, so if the civil
registrar refuse to record the same because of such fact,
then it would be better for the parties to secure first
another marriage license and then for the priest to
solemnized the marriage again even if the canon law
prohibits another solemnization between the same parties,
the civil code must be upheld.
utomatic upon lapse of '3& days, marriage
license no longer effective
-ase! -osca v. /alaypayon
The 6udge, solemnize a marriage without a
marriage license, what the parties merely did is that they
executed an affidavit of cohabitation. 0udge failed to
realized, that, though the parties had been cohabiting for C
years, at the time they did so, they were still minors. >ut
in this case, the marriage was not declared void since the
same was not the issue at bar. The 6udge was
reprimanded
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2ollowing the doctrine in 5inal, the impediment
should not be existing for at least ) years, it should be
continuous.
Ca/#% S#>7ia v. Ca0"#'a/
The certification issued by the +-R, must
categorically state, that the particular entry, document
could not be found in their office despite diligent search
*n this case, there was no search conducted, the
individual involve merely presumed that thereMs no such
document that exist.
So in the case of marriage license to be as proof,
as$ in the +-R a certification, since in the marriage
contract itself, it states there the marriage license no, date
of issue.
So to determine if there really is a marriage
license, go to the +-R that issued the marriage license. So
if there is no such marriage license in their file list, then
as$ for certification providing that +-R exerted effort to
loo$ for the marriage license
N!$#! 5emorize 5arriage of @xceptional -haracter
D7#/$i!'% 7hy are they called marriages of @xceptional
-haracterK >ecause, the law considers the validity of the
marriage even if it was celebrated without a marriage
license.
4. A0$i-7l! &!0$i/
-ase of Soriano! after the celebration of the marriage
without marriage license between one of the parties who
was really sic$ which later on survived, will that affect the
validity of the marriageK 9#, notwithstanding the
survival of the party at the point of death, it would not
ma$e the marriage void.
7hat if celebrated between a living and a decease, is
the marriage validK : it must be considered that a decease
has no longer 6uridical capacity and no longer consider a
natural person. dead person cannot give a consent
freely given.
(. I' 0#&!$# .la-#
Reason! contracting parties cannot go to the office of
+-R, to file an application of marriage license. >ut what
is ironical in this case is that it is the duty of the
solemnizing officer, that he executes an affidavit stating
that before he solemnize the marriage he ma$es sure to
find out whether the contracting parties have the capacity,
which affidavit should be attach to the marriage contract
which should be filed before the +-R where the marriage
too$ place.
*ronic because of the priest has the access to the
+-R, then how come that the parties could claim that they
are in the remote place
3. Ma00ia># i' A0$i-7l! M!0$i/ i' a S1i. !0 a Pla'#
-onnect this to people who had the special
authority under exceptional cases to solemnized the
marriage (irplane -hief and a Ship -aptain)
<. Ma00ia># i' A0$i-7l! M!0$i/ wi$1i' $1# ?!'# !2
Mili$a0@ O.#0a$i!'.
@x! was diagnosed to have only '& more days to live,
can a marriage be validly celebrated if a person was
diagnosed to die after '& days, can we consider him in
articulo mortisK 9#, because, for a person to be
considered in articulo mortis, consider the actual status of
the person at the time the marriage is actually being
celebrated. The fact that he was given only '& days to live
as presumed by the doctor, cannot deemed to be one in a
condition of articulo mortis.
A. E$1'i- C7l$70al C!&&7'i$i#/
@xamples! ifugao, aetas, $alinga
6. C!1a=i$a$i!' F!0 A Y#a0/
To be considered as marriage under exceptional
character, the impediment should not be existing
exclusively, continuously, for ) years.
I&.#"i&#'$ : this is construed in its general term,
embracing all $inds of impediment including minority.
E,a&.l#% both at / yea$s old the pa$ties sta$ted
cohabiting with one anothe$ fo$ ( yea$s, can thei$
5a$$iage be conside$ed unde$ e>ceptional cha$acte$ as
cohabitation fo$ ( yea$s? -ase of >or6a.5anzano v.
0udge Sanchez, an administrative matter, where the S-
simply stated, the circumstances which should be
considered in an affidavit of cohabitation, and one of
them Hthere is no impediment existing at the time the
marriage is celebratedJ. ,oes this mean that the >or6a
,octrine replaced the doctrine in 9inal -aseK (#pinion of
maam : it did not abandon), but what should be
considered is the underlying reason why cohabitation for
) years is deemed marriage under exceptional character,
which isW. The /hilippine law does not accept a common
law relationship, but would li$e to protect the rights of
common law spouses, (thatMs why the prohibition for
donation between husband and wife is also applicable to
them,W. The /hilippine law does not accept a common
law relationship, but would li$e to protect the rights of
common law spouses, (thatMs why the prohibition for
donation between husband and wife is also applicable to
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CIVIL LAW REVIEW 1
them, rt '18 and '1L, also tells us the property relation
of common law spouse, which is -o.ownership, however
despite all of this the 2amily -ode would not tolerate any
$ind of illicit relationship, so if we would conclude that
5anzano abandon the ruling in 9inal, it would defeat the
purpose of cohabitation.
This one is considered as marriage under exceptional
character (0#a/!'J to encourage common law spouses to
legitimize their union.
D% What if the ?uestion is that A and 6 fo$ the fi$st '
yea$s had been living togethe$ fo$ with i5pedi5ent but
fo$ the last 3 yea$s until the celeb$ation of thei$
5a$$iage, the$e was no i5pedi5ent, how would you
answe$ this?
! IO.$i!' 4J stic$ to the ruling in 9inal, always
invo$ing the underlying reason behind the provision.
IO.$i!' (J invo$e the 5anzano ruling, where in if we
would try to analyze it, the statement was more of an
obiter, because it was not the main issue, it merely refers
that one of the things included in the affidavit of
cohabitation, and one of them is that there is no
impediment existing at the time of solemnization of
marriage.
Q: 1f the sole5niBing office$ lea$ned that a day befo$e
the 5a$$iage, the pa$ties Hust applied fo$ a 5a$$iage
license, does the office$ have the $ight to $efuse to
sole5niBe thei$ 5a$$iage?
! 9o, because, they are not duty bound to determine
whether license has been really issued. *f application of
marriage license was made on the same day the marriage
was solemnize, there was merely an irregularity and the
person involved in the irregularity would be sanctioned
for that, because there should be a '& day publication
re<uirement before a marriage license can be issued.
Ma00ia># C#0#&!'@
Q: 1f the &ecto$ of ;an ;ebastian celeb$ates the
5a$$iage in a place outside the chu$ch, is the 5a$$iage
valid?
! "es, even if the 2amily -ode states, inside the private
chamber or church, when it comes to the place where the
marriage would be held, it can be change, upon the
re<uest of the contracting parties
7hen it comes to location the place can be change, but
what is importance in marriage ceremony is that Hthe
parties personally in front of the officer and exchange
their vows or * dos. *n that sense, a marriage is a
consensual contract base on perfection.
The absence of a marriage contract will not negate the
existence of a celebrated marriage. *n the absence of the
witnesses, who are the sponsor, the solemnizing officer
may testify that the marriage was celebrated,
notwithstanding that one of the parties should hide the
marriage contract.
*n remedial law, text massaging is already accepted as
evidence% )he ?uestion is if the 5a$$iage was celeb$ated
th$ough the use of an inte$net <inte$national confe$ence
o$ video confe$ence is the 5a$$iage valid? t the time
the family -ode was enacted, there is yet to cellphones
and internet, applying the rule on statutory construction,
in the interpretation of the provision, one rule is that ta$e
into consideration the circumstances when the law was
enacted. 7hen the 2amily -ode was enacted, the framers
included the marriage ceremony, personal appearance and
declaration of consent, before the solemnizing officer, that
means that they should be physically present in front of
the solemnizing officer.
#o$ia Case
There was failure on the part of one of the parties to
affix their signature on the marriage contract, does it
mean that there is no marriage celebratedK 9#, marriage
is a consensual contract not a formal contract, even if it is
not signed it will not negate the celebration of a valid
marriage.
1ntestate @state of Del -ado
Dnder Rule '%', Sec. % par. ( (a) one of the disputable
presumptions unless contradicted, Hman and woman
deporting themselves as husband and wife entered into a
lawful of contract of marriage, absence of marriage
contract is not a proof that no marriage too$ place, once
presumption arises other evidence may be presented.
There is always a presumption that when a marriage is
celebrated it is presumed to be valid unless declare
otherwise.
s we see it, witnesses are not part of re<uisites 3
witnessesR the authority of solemnizing officer is a forma
re<uisite, if the 5a$$iage is celeb$ated without witnesses
is this valid? "@S, because it is neither a formal re<uisite
nor an essential re<uisite. 7e cannot say that it forms part
of the marriage ceremony because, marriage ceremony
refers only to the physical presence of the parties before
the solemnizing officer at the time of the exchange of
their * doMs. bsence of witnesses is merely an
irregularity which will not affect the validity of the
marriage.
@ugenio vs% CeleB
The controversy involves the corpse of the decease, as
between the legitimate and common law spouse. S- held
the word spouse in article '11 of the -ivil -odeR refer to a
lawfully wedded spouse. /hilippine law does not
recognize common law marriage.
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CIVIL LAW REVIEW 1
Ma00ia># C#l#=0a$#" A=0!a"
-onnect rticle '), '8, rt %) parg ',1,) C, %C, %8, 3L.
+ex +oci -elebrationis if it is valid there, it is valid
here and it is not prohibited here, it will be valid in the
/hilippines, provided that it only involves as to the formal
re<uisites (authority of officer, marriage license and
marriage ceremony)
>ut if it involves legal capacity, consent freely given,
if it valid there not here, it will not be valid in the
/hilippines.
@xample! *f a 2ilipino married to same sex abroad, that is
an essential element Hlegal capacityJ we do not apply rt
'8 but rt ') of the -ivil -ode in relation to the 2amily
-ode.
N!$#% *f it involves the issue of validity of marriage,
enumerate the essential and formal re<uisites. *f there is
the presence of all the essential and formal re<uisites and
it does not fall under the prohibited marriage, it is valid.
fter considering if there is a ground of nullity, go
now to annulment. >efore doing so, remember the
prescriptive period of annulment, if it has prescribed there
is no need to go thru the grounds of annulment.
/rescriptive period, usually ) years except, insanity and
lac$ of parental consent, the prescriptive period of the
parent is different but for the parties it is still ) years.
RI+HTS AND OBLI+ATIONS
A. T! Liv# T!>#$1#0 IA0$. 68J
1lluso$io vs% 1lluso$io.6uildne$
The parties at the time that the case was filed and the
case was decided the husband was still alive, and it was
the wife who file a case for mandatory in6unction against
the husband.
*t must be remembered, that a marriage is a special
contract, and what ma$es it special is that the parties
cannot stipulate on the terms and conditions and unli$e in
an ordinary contract, wherein incase there is a breach of
the terms, the remedy would be specific performance or
rescission. 4ere, if one of the spouses would not li$e to
live with other spouse, is it p$ope$ to file a petition fo$
5andato$y inHunction, asking the cou$t to co5pel the
husband di$ecting hi5 to live with the wife? N!B S- held
that the living together is something personal between the
husband and the wife, its also the same thing with respect
to other obligation, (to remain faithful, mutual respect),
this obligation although imposed by law, the court cannot
intervene and compel the other spouse to be bound by the
same. The case was dismissed. 9o mandatory in6unction
can be filed in order to compel the spouse to live with one
another.
D% Does it 5ean that in this case if the othe$ spouse
$efuse, is the$e no othe$ $ecou$se?
: 9#, there are sanctions for this breach of obligation.
(') The one who leaves the con6ugal dwelling shall
not be entitled for support
(3) ggrieved party may apply for receivership,
authority with sole administrator of the con6ugal
partnership or absolute community
(%) 2ile a petition for separation, or dissolution or
con6ugal partnership or community property.
A$$oyo vs% Cas?ues de A$$oyo
4ere the S- gave an exception, when the spouse will
be allowed not to continue living with the other spouse.
*n this case, every time the husband would have a
sexual intercourse with his wife, he would demand
barbaric means of having sex.

*f there is already a physical violence involve, the law
allows the spouse to leave the con6ugal dwelling and that
would not amount to abandonment..
*n this case, this abandonment would not constitute as
a ground for legal separation, only when there is a bad
faith in the abandonment which is a ground. *n this case,
S- allows it as an excuse for the wife not fulfill her
obligation to live with his husband
@ven in the 2amily -ode rt C(, as when the spouses
do not agree where to live, then the court would intervene,
but in reality the 2amily court would still throw the issue
bac$ at the parties because it is a personal decision on
their part.
-ase when one is allowed to live separately from the
spouse!
(') #ne should live abroad in the practice of profession
F compelling reason
(3) 5arital Rape
B. M7$7al L!v#B R#/.#-$ a'" Fi"#li$@
Sa'-$i!' 2!0 B0#a-1%
'. =round for +egal Separation!
Dnder the '()& -ivil -ode, there is only 3 grounds,
attempt against the life and adultery and concubinage.
9ow, rt. )) (L), 2- : HSexual *nfidelity or perversion.
This is favorable to women, because it is easier a
woman for adultery and difficult for a man to be
convicted of concubinage.
3. *ncapacity to Succeed
%. ,isinheritance
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CIVIL LAW REVIEW 1
1. pply to court for Relief (rt 83, 2-) : refers for
damages.
C. M7$7al H#l. a'" S7..!0$
*n relation to support, the support should not only be
limited to financial support, but also ta$ing care of the
family.
,elayo vs% #au$on
4ere, the wife, became pregnant and it was the in.laws
who accompanied her to the hospital, and the husband
was not there. The in.laws were as$ed to pay for the
medical bill which was refuse. S- said, do not have the
obligation to pay for the hospital bill but it is the husband.
Spouses are the first in the list who have the obligation to
give support.
D. ;!i'$ Ma'a>#&#'$ !2 $1# H!7/#1!l"
3ade$ 7analo vs% ;ps% Ca5aisa
This one should be connected with the property
relationship of the spouse, if the property relationship is
one of con6ugal partnership or absolute community and
there is disposition in the property that forms part thereof,
under the 2- the re<uirement is that there must be a
written consent of the other spouse. bsence of which,
then the sale would be void.
N!$# E $i./% that it is possible in the bar a date might be
given. Remember the effectivity of the 2- is ugust %,
'(LL. Why? *f the transaction too$ place before the
effectivity of the 2amily -ode, and there is no written
consent, what is the status of the contract of saleK Dnder
the '()& -ivil -ode, the contract of sale is merely
voidable not void ab initio as when it happen after the
effectivity of 2-.
Refer to -ivil code rt 'CC, compare to provision of
the 2amily -ode as to the disposition of property that
forms part of the -/ or -, and which is stated in this
ruling.
E. Ri>1$ $! E,#0-i/# L#>i$i&a$# P0!2#//i!'
There is no need for consent. Spouse not in agreement
of the profession may ob6ect thereto only on valid serious
and moral grounds.
Ayala 1nvest5ent vs% CA
4ere, it should still be connected with the issue of
property relationship, because it is a <uestion of, if one of
the spouses wanted to obtain a loan,
Q: 1s the$e a need to secu$e fi$st the consent of the othe$
spouse?
! 9o, the written consent only involves the disposition
of property not when in cases of securing a loan. Then if
this loan would redound to the benefit of the family, then
the creditor could see$ relief from the -/ or -, in this
case if the -/ or - would not be oblige to pay the
creditor it would amount to un6ust enrichment. *t is the
creditors burden to prove that the same redounded to the
benefit of the family. That is the reason why at present, it
is their practice that in securing a loan the other spouse is
also re<uired to affix his signature although the same is
not re<uired by law.
TITLE V
THE FAMILY

Q: Who a$e the 5e5be$s of the fa5ily? (5emorize)

A0$. 4A). 2amily relations include those!
(') >etween husband and wifeR
(3) >etween parents and childrenR
(%) mong brothers and sisters, whether of the full or
half.blood.

R#a/!'% Inowledge of the members of the family will
help you answer the <uestion whether or not the family
home is exempted from attachment. Dnder the
-onstitution, the State would li$e to protect the interest of
the members of the family by ma$ing sure that the family
has a place where they can stay so in relation to family
home, the family home is generally exempted from
attachment provided that only members of the family are
the one actually in possession of the family home.

Q: 1s siste$.in.law o$ daughte$.in.law 5e5be$ of
fa5ily?
! S- ruled 9#V So if sila lang ang na$itira sa family
home pedeng iattach..

Q: 1s Ca$egive$ o$ yaya 5e5be$ of fa5ily?
! Iahit na sa 2ilipino setting we do not consider a yaya
an ordinary yaya but treat them as member of the family.
>DT remember that the enumeration under the 2- is
@X-+DS*G@..expressio unius rule..if it is not included in
the enumeration, it is deemed excluded..therefore if none
of them is in possession of the family home..it is sub6ect
for attachment..

EARNEST EFFORT TO COMPROMISE
A0$. 4A4. 9o suit between members of the same family
shall prosper unless it should appear from the verified
complaint or petition that earnest efforts toward a
compromise have been made, but that the same have
failed. *f it is shown that no such efforts were in fact
made, the same case must be dismissed.
This rules shall not apply to cases which may not be
the sub6ect of compromise under the -ivil -ode.

9ow connect it to your remedial law..this refers to
cases involving members of the family and S- said that
before the court can ac<uire 6urisdiction over it there
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CIVIL LAW REVIEW 1
should be a proof that earnest effort to compromise was
entered into..or the parties tried to compromise..ang
problema nga lang in reality and based on experience if it
is conflict between members of the family, they seldom
compromise..although that is a re<uirement under
remedial law and even under the 2-..

Alva$eB vs% &a5i$eB 5arital ,is<ualification Rule
(5,R). Sa remedial law..di $a pede maging witness $c
asawa mo un..pedeng maging favorable $c sa $anya..S-
ruled that the marital dis<ualification rule is applicable
only if walang strained relationship between the husband
and the wife.

6ut what happened in this case? sinunog ng lala$i
ung bahay ng $apatid nya na alam nya na ung asawa nya
nasa loob ng bahay..S- ruled that it is obvious..strained
na ung relationship..gusto ng ihawin ng asawa ung
babae..ba$it mo pa iaapply ung earnest effortKVK @h
papatayin na ung babae..$aya tayo may marital
dis<ualification rule pare di mastrain ung relationship..eh
$ung strain na talaga b$it pa iaapply ang 5,R..

8iyas ;aving
S- ruled in relation to earnest effort to compromise
that will only be applicable if the parties involved in the
case are the members of the family..if there is already a
stranger or a third person who is involved in the case this
earnest effort to compromise is not anymore applicable..

Q: Why?
! $c $awawa naman ung third personWdi ba $apag
sinabi nating earnest effort to compromise..madedelay
ang lititgation..$ay why mo hahayaang madelay ang
litigation 6ust to give the members of the family to
compromise at the expense of third person..
7a$tineB vs% 7a$tineB
S- ruled that the phrase Hmembers of the familyJ must
be construed in relation to RT. ')& of the 2-

rt. ')&. 2amily relations include those!
(') >etween husband and wifeR
(3) >etween parents and childrenR
(%) >etween ascendants and descendantsR
(1) mong brothers and sisters, whether of the full or
half.blood.

>DT a sister.in.law or brother.in.law is not included in
the enumeration.

;antos vs% ;antos
Q: Mpag walang ea$nest effo$t to co5p$o5ise, if the$e is
no p$oof, what will the cou$t do?
! The court will have to dismiss the case.

Q: What happened in this case?
! ,ito ang nangyari ininvo$e nya ung failure to
compromise dun sa action to revive 6udgment..isnt in your
remedial law, you are given a period of ) years on which
to execute the 6udgment otherwise you file an action to
revive the 6udgment..ang ginawa dito, action to revive
na..so para mprevent ang action for revival, niraise nya
ang issue na walang earnest effort to compromise..

S- ruled that it is not applicable to an action revive
6udgment.. that earnest effort to compromise can only
applicable in an original action but not in an action to
revive 6udgment..

FAMILY HOME IFHJ

;E:CEPTION FROM ATTACHMENT will only
apply if members of the family are the ones in possession
of the family home. Therefore, if none of the family
members is staying in the family home, it will be then be
anymore exempted from attachment

This is one provision in the 2- that could 9#T >@
=*G@9 R@TR#-T*G@ /++*-T*#9.

Q: Why?
! Dnder the '()& --, before a house and lot can be
considered as a 24, there is a need for a 6udicial or
extra6udicial constitution, this is not automatic..under the
2-, its automatic..in other words, for as long as the house
and lot belongs to one or both of the spouses and
members of the family are staying there
without any act, automatically it is deemed instituted as a
24

Q: Mung kinasal na ang 5agulang natin tapos walang
ginawang steps befo$e pa$a 5aging 98 sya, assu5ing
na unde$ !(0CC ung 5a$$iage, tapos dahil effective na
ngayon ang 9C, 5ay the 9C $ega$ding constitution of
the 98 be now given $et$oactive application?
! *T ,@/@9,S. 7hether or not there was a loan
obtained before the effectivity of the 2-. Ta$e note of
RT 3)C2- Hthis code shall be given retroactive
application provided that it will not affect vested rightJ.
Therefore, if a loan was already obtained before the
effectivity of the 2- by any of the spouses then this
provision regarding the constitution of the 24 under the
2- cannot be given retroactive application because
creditors have already acquired a vested right on the
property of the spouses..

#/*9*#9 9* 55! That is why in the problem, too
general..no indication whether there is a loan obtained or
not. * will SD==@ST, you ma$e a <ualification provided
that we are tal$ing of a situation wherein the spouse got
married before the effectivity of the 2-. Iapag ung
problem, na$asulat naman na $inasal after the effectivity
of the 2-, no need to <ualify because it is automatic
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CIVIL LAW REVIEW 1
without 6udicial or extra6udicial constitution. /R#G*,@,
that the house and lot belongs to anyone or both spouses..

Q: ,a5pagulo%% ;i 3uan at 7a$ia nagpakasal afte$ the
effectivity of the 9C, Gagupahahan%%!++%%afte$ 0y$s
dun pa $in sila nakati$a%%Can that apa$t5ent be
conside$ed as a 98?
! 9o, one re<uirement is that it should be owned by one
or both of the spouses.. that is the reason why it is
exempted from attachment.. to protect the interest of the
members of the family..
,at$icio vs% #a$io 111
The 24 deemed constituted from the time it is
occupied as a family residence. #ccupancy of the family
of the 24 either by the owner or by any of its
beneficiaries must be actual. Something real. ctually
existing. 9ot merely possible. 9ot constructive
possession. -onnect it to your property, isnMt possession
can be actual or constructive possession. So here for it to
be protected from exemption. *t must be actual not
constructive possession and it should be occupied by the
members of the family as enumerated under the 2-.

N!$#% rt. ')%. The family home is deemed constituted
on a house and lot from the time it is occupied as a family
residence. 2rom the time of its constitution and so long as
any of its beneficiaries actually resides therein, the family
home continues to be such and is exempt from execution,
forced sale or attachment except as hereinafter provided
and to the extent of the value allowed by law.

LIFE E:ISTENCE
N!$#% A0$. 4A5. The family home shall continue despite
the death of one or both spouses or of the unmarried head
of the family for a period of ten years or for as long as
there is a minor beneficiary, and the heirs cannot partition
the same unless the court finds compelling reasons
therefor. This rule shall apply regardless of whoever owns
the property or constituted the family home.

Q: ,ano na kapag na5atay?
! *t will continue for period of '&yrs from the death of
one of the spouses or for as long as there is a minor
child..a minor beneficiary of the 24..

Q: Mapag na5atay ung 5agasawa, ang naiwanang
anak ay ung y$ old%%how long?
! 5ore than '&yrs pa.. Hfor as long as there is a minor
childJ..in this case, till magreach sya ng 'Lyrs old tsa$a
lang magteterminate ang existence ng 24..

NOT E:EMPT FROM E:ECUTION
N!$#% rt. ')). The family home shall be exempt from
execution, forced sale or attachment except!
(') 2or nonpayment of taxesR
(3) 2or debts incurred prior to the constitution of the
family homeR
(%) 2or debts secured by mortgages on the premises
before or after such constitutionR and
(1) 2or debts due to laborers, mechanics, architects,
builders, materialmen and others who have rendered
service or furnished material for the construction of the
building.

(') Taxes under this provision refer only to real
estate taxes.

Q: What if di ka nagbayad ng inco5e ta>?
! 7ala syang $inalaman dito..therefore, exempted pa rin
from attachment

#/*9*#9 9* 55! Gery ironical $c sabi ng State.. *
will protect the family..pero sabi ng State, if di $a
nagbayad ng real property tax, the State * will not protect
you..* will get your 24..(H,)

(3) debts incurred prior to the constitution of the
family home

. *t is in consonance with rt3)C2- because creditors
already have ac<uired vested right..connect it with..

(%) debts secured by mortgages on the premises
before or after such constitution
(1) 2or debts due to laborers, mechanics, architects,
builders, materialmen and others who have
rendered service or furnished material for the
construction of the building.

Q: Debt to labo$e$s, kapag di ka nagbayad ng katulong,
kasa5a ba ito dito?
! 9o.*ncluded lang dito ay ang laborers who only wor$
for the construction of the 24..
;ps% Ca$sola vs% CA
S- only made mention about when it is constituted as
a 24..from the time it is occupied as a 24..no need for
6udicial or extra.6udicial constitution..

7odi?uillo Case
Iapag nangutang na before effectivity of the 2-, you
cannot give anymore a retroactive application to this
provision on creation of the 24..74"K because it will
affect the vested right of the creditors..

TITLE VI
PATERNITY AND FILIATION
MaC# /70# @!7 C'!w $1# &#a'i'> !2 $1# 2!ll!wi'>%
. /aternity
. relationship between a father and a child
>. 5aternity
-. 2iliation
,. +egitimate
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CIVIL LAW REVIEW 1
@. *llegitimate
2. dopted -hild

P0#/7&.$i!'% *f a child is born in a lawful marriage, the
child is presumed to be legitimate.

;;; vs% Aguas
S- ruled that the presumption becomes conclusive if
there is absence of proof of physical impossibility to have
sexual intercourse with a wife and the action of
impugning the legitimacy or illegitimacy is something
personal to the husband

N!$#% A0$. 466. +egitimacy of a child may be impugned
only on the following grounds!
(') That it was physically impossible for the husband to
have sexual intercourse with his wife within the first '3&
days of the %&& days which immediately preceded the
birth of the child because of!
(a) the physical incapacity of the husband to have
sexual intercourse with his wifeR
(b) the fact that the husband and wife were living
separately in such a way that sexual intercourse was not
possibleR or
(c) serious illness of the husband, which absolutely
prevented sexual intercourseR

(3) That it is proved that for biological or other scientific
reasons, the child could not have been that of the husband,
except in the instance provided in the second paragraph of
rticle 'C1R or

(%) That in case of children conceived through artificial
insemination, the written authorization or ratification of
either parent was obtained through mista$e, fraud,
violence, intimidation, or undue influence.
Concepcion vs% CA
*n this case, mother denying that the child is her own
child..S- ruled that maternity is never uncertain..every
reasonable presumption must be made in favor of
legitimacy..74"K because only the woman $nows who is
the real father of her child..

N!$#% A0$. 466. The child shall be considered legitimate
although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress.

A0$. 468. *f the marriage is terminated and the mother
contracted another marriage within three hundred days
after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary!
(') child born before one hundred eighty days after
the solemnization of the subse<uent marriage is
considered to have been conceived during the former
marriage, provided it be born within three hundred days
after the termination of the former marriageR
(3) child born after one hundred eighty days
following the celebration of the subse<uent marriage is
considered to have been conceived during such marriage,
even though it be born within the three hundred days after
the termination of the former marriage.

*n '()&--, if the husband died, the wife is not allowed
to contract marriage immediatelyWso there is a grace
period for the issuance of a marraiage license. Why?
because the law woul not li$e to have a problem regarding
paternity and filiation of a child..

9ow in case if there is any issue regarding the
paterninty and filiation, if you will notice the prominent
numbers in paternity and filiation, you have three!
'. '3& days
3. 'L& days
%. %&& days

R@-I#9*9= /#*9T! before or after 'L& days from the
second marriage but within %&& days from the first
marriage
R#a/!'% (S@X @,D-T*#9 9* 55) That is the time
that there is a meeting of mind of the sperm and egg cell..
for girls having regular menstruation, 3LdaysWdivide by
3 e<uals '1..therefore, for you to have safe sex, count 8
days from the first menstruation and then count 3' to 3L
because that time the woman is not in ovulation..
'3& days is time the fetus is being madeW @tceteraW

REMEDIES%
'. Remedy given to a husband who does not li$e to
ac$nowldge the child as his own childYACTION TO
IMPU+N THE LE+ITIMACY OR ILLE+ITIMACY
OF THE CHILD. ssuming that the relation is one of
common law relationship.

3. 1f it is the child who is suffe$ing o$ not t$eated well,
what is his $e5edy? The child is given a remedy to file an
ACTION TO CLAIM LE+ITIMACY OR
ILLE+ITIMACY a.$.a. AC)14G 94&
C47,D#;4&A &@C4-G1)14G.
*n remedial law, anybody can file an action. 9obody is
prohibited to file an action..but the <uestion is! are you the
proper party in filing the actionK *n other words, we
connect now the substantive law with remedial law.

Q: 3uan Dela C$uB, a child, who was not acknowledged
by the fathe$ and the 5othe$ file an action in behalf of
the child fo$ co5pulso$y $ecognition% 1f you we$e the
Hudge, how will you decide the action filed by the
5othe$?
! >efore answering, consider first the following! (') *s
the mother the proper party in interestK *s she the real
party to file an actionK (3) Same thing as to the remedy to
the husband, *s the sister of the father the party in interest
to impugn the legitimacy or illegitimacy of the childK
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CIVIL LAW REVIEW 1

9ext step, loo$ if there is any date given in the
problem. *f there is, chec$ if it is within the prescriptive
period. 9#T@! /R@S-R*/T*#9 rt. 'C(. The legitimacy
or illegitimacy of a child born after three hundred days
following the termination of the marriage shall be proved
by whoever alleges such legitimacy or illegitimacy.

A0$. 46). The action to impugn the legitimacy of the
child shall be brought within one year from the
$nowledge of the birth or its recording in the civil
register, if the husband or, in a proper case, any of his
heirs, should reside in the city or municipality where the
birth too$ place or was recorded.
*f the husband or, in his default, all of his heirs do not
reside at the place of birth as defined in the first paragraph
or where it was recorded, the period shall be two years if
they should reside in the /hilippinesR and three years if
abroad. *f the birth of the child has been concealed from
or was un$nown to the husband or his heirs, the period
shall be counted from the discovery or $nowledge of the
birth of the child or of the fact of registration of said birth,
whichever is earlier.

Then, is the$e a g$ound o$ p$oof of filiation? *n action
to impugn, the real party is the husband. This is the
general rule. Study the exception : when heirs of the
husband may impugn the filiation. >ut ta$e note connect
the HheirsJ on who are the compulsory heir in succession.
Therefore, if it does not fall within the exception,
expression unius rule, the 6udge must dismissed the case
because he is not the real party in interest.

NOTE% @X-@/T*#9S T# *5/D=9
A0$. 464. The heirs of the husband may impugn the
filiation of the child within the period prescribed in the
preceding article only in the following cases!
(') *f the husband should died before the expiration of
the period fixed for bringing his actionR
(3) *f he should die after the filing of the complaint
without having desisted therefromR or
(%) *f the child was born after the death of the husband.

#iao Case
*n this case, the child is who filed the
action..impugning his legitimacy..$c ang nangyari
dito..ung second husband nung nanay nya ay mas
mayaman $aysa tatay nya..so sabi ng bata, hindi who a$o
ang ana$..hindi a$o legitimateWS- ruled that impugning
oneMs legitimacy is personal to the husband or to the
father and not to the child..

Q: What about the action to clai5 legiti5acy o$
illegiti5acy of the child? Does the law $e?ui$e that it
5ust be filed du$ing the lifeti5e of the putitative fathe$?
! s you could see, the provision is silent on the
matter..so meaning, as long as the child is alive..the child
can file the action, even if the father is dead..but there is
an exception, if the child filing the action is illegitimate
and the proof of filiation presented by the child is open
and continuous possession..the 2- re<uired that the action
must be filed not 6ust during the lifetime of the child but
also during at the lifetime of the putitative father..That is
the only exception that re<uiring that the father must be
alive at the time of the filing of the action.

N!$#% A0$. 46(. The filiation of legitimate children is
established by any of the following!
(') The record of birth appearing in the civil register or
a final 6udgmentR or
(3) n admission of legitimate filiation in a public
document or a private handwritten instrument and signed
by the parent concerned.
*n the absence of the foregoing evidence, the legitimate
filiation shall be proved by!
(') The open and continuous possession of the status of
a legitimate childR or
(3) ny other means allowed by the Rules of -ourt and
special laws. (3C)a, 3CCa, 3C8a)

Q: A$e the$e cases whe$ein the hei$s of the child can file
the action?
! s we have said, it is the general rule that it is the child
should file the action. @xception, the heirs of the child can
file the action if the two cases! when the child ,*@ during
(') minority and (3) in a state of insanity. >ut with respect
to remedy of husband, % ang exception.

N!$#% A0$. 463. The action to claim legitimacy may be
brought by the child during his or her lifetime and shall be
transmitted to the heirs should the child die during
minority or in a state of insanity. *n these cases, the heirs
shall have a period of five years within which to institute
the action.

Q: When to file?
! *f it is a remedy given to the husband, there are three
important numbers! ', 3 and % years. Remember the rule
on exception and its application. Inow where the child
was born and the residence of the father.

Q: 1f the child is bo$n was bo$n in the sa5e $esidence of
the fathe$, what $ule applies?
! The father is given a period of one year from the
$nowledge or registration of the birth certificate..although
of course, if you will notice, based on due process, it
should be counted from the $nowledge of the
father..'yr..hindi lang dapat alam nyo $ung anong year
iaapply but $ung $elan $ayo magbibilang..$c ba$a alam
nyo ' year tapos expired na pla..

3 yrs applies if the child was born in a place which is
different from the place where the father resides..so..

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CIVIL LAW REVIEW 1
Q: 1f sa Ca$dinal ;antos ipinanganak ang bata tapos
ang fathe$ ay $esiding sa @spana, 7anila%%what yea$
will you apply? y$ o$ 'y$s?
! 3yrs $c -ardinal Santos is in San 0uan and you $now
that @spana is in 5anila..unless if @spana, 5adrid..then in
this case, %yrs will apply..

Q: What if it is the hei$ of the husband filing the case,
what is the p$esc$iption pe$iod?
! pply the same prescriptive period..', 3 or % years

Q: What if the case is filed by the child?
! t anytime during the lifetime of the child as a general
rule..but ta$e note again of the exception

Q:What is the p$esc$iption given to hei$s of the child?
! ) years counted from the death of the child during
minority or in state of necessity.
Regarding -T*#9 2#R -#5/D+S#R"
R@-#=9*T*#9, remember the ground under rt '83 2-
: proof of filiations.

#n the other hand, regarding the impugning of the
father, ta$e note of rt 'CC 2-. =R#D9,S!

(') That it was physically impossible for the husband to
have sexual intercourse with his wife within the first '3&
days of the %&& days which immediately preceded the
birth of the child because of!

(a) the physical incapacity of the husband to have
sexual intercourse with his wifeR
(b) the fact that the husband and wife were living
separately in such a way that sexual intercourse was not
possibleR or
(c) serious illness of the husband, which absolutely
prevented sexual intercourseR

;S#0i!7/ ill'#// is the $ind of illness that will really
affect or prevent the manMs capacity to have sexual
intercourse.

Andal Case
S- that even if the husband is already suffering on
chronic tubercolosis, this provision will not apply..not
serious illness that will affect manMs capacity to have
sexual intercourse

Q: 8ow about if the husband has p$ostate cance$?
! This provision will not apply. /ede pa rin. 5ay
capacity pa rin to have sexual intercourse

Q: What if pa$alyBed?
! 5ust <ualify. *f taas or baba ang paralyzed..if taas
lang, pde pa rin gumana ung nasa baba..or better, for this
provision to apply, the man should be fully paralyzed

;Livi'> /#.a0a$#l@ means not only that the husband is
leaving the con6ugal dwelling.

Q: What if ung babae nasa Calaoocan tapos ung lalaki
nasa 7andaluyong?
! *t will not apply $c pede pa rin mag$aroon ng sexual
intercourse..may probability pa rin na mag$ita

Therefore, husband must be abroad..there is no
possibility $c na ma$abuo..

(3) That it is proved that for biological or other scientific
reasons, the child could not have been that of the husband,
except in the instance provided in the second paragraph of
rticle 'C1R or

;titigan mo ung bata..if obvious from the appearance of
the child na di mo ana$..un na..except thru artificial
insemination..

That in case of children conceived through artificial
insemination, the written authorization or ratification of
either parent was obtained
(') through mista$e, fraud, violence,
intimidation, or undue influence.

;there must be a written consent. *t must be freely
given because any vitiated consent is a ground for the
annulment

Q: When is the w$itten consent be given?
! *t must be given before the birth of the child.

Q: What if it was given afte$ the child was bo$n? can the
subse?uent w$itten be valid?
! 9o, because the law re<uires it to be given before

Q: What will be the $e5edy of the husband?
! The only remedy is to adopt the child
8ao vs% CA
>lood testing grouping is conclusive as to none
paternity but it is not a proof of filiation because it does
not follow that if you are blood type , your child should
be blood type ..

Q: What about action given to the child?
! rt'83 2- provides for proof affiliation and these
proofs of affiliation is categorized into two! (') primary
proof of filiation and secondary proof of filiation.

PRIMARY PROOF OF FILIATION
(') The record of birth appearing in the civil register
or a final 6udgmentR or
(3) n admission of legitimate filiation in a public
document or a private handwritten instrument and signed
by the parent concerned.

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CIVIL LAW REVIEW 1
;>irth -ertificate

&oces Case
*f the birth certificate is not signed by the father, the
birth certificate cannot be accepted as proof of filiation
even if in the birth certificate indicates the name of the
father
*n the old birth certificate, the form only provides a
box which indicates whether legitimate or illegitimate.
>ut now, at the bac$ there is affidavit of
ac$nowledgment..

E:CEPTION% 1lano Case
*t was the father who filled up the blan$ form of the
birth certificate. nd gives all the information...ang
ginagawa $c ay pinapafill.up ng nurse using pencil or
iniinterview then ittype ng nurse..pero nung binili$ na ung
typewritten form, the father was not able to sign $c he
was not around then the mother signed.
There was an issue on paternity and filiation. The
father refused to ac$nowledge the child and the child
presented the birth certificate. 7hich was unsigned but
considering the circumstances that prevailed at the time of
the delivery of the child, S- ruled that even if the birth
certificate was unsigned since the father was the one who
gave all the information, as an exception to the general
rule. 4ere, the birth certificate was admitted as evidence..
So if a <uestion will be as$ed in the bar exam..its too
general.
Q: 3uan Dela C$uB p$esented a bi$th ce$tificate as
p$oogf of filiation and unsigned bi$th ce$tificate, is it
ad5issible in evidence as p$oof of filiation?
! "ou must <ualify..invo$ing the ruling in case of Roces
and *lano
,eople vs% De #antin, '000
Reiterated the case of Roces
#abagala Case
Reiterated the case of *lano
D% +iv# a' #,a&.l# !2 .7=li- a'" .0iva$# "!-7&#'$
$1a$ -!7l" =# 7/#" a/ .0!!2 !2 2ilia$i!'.
! Remember the ante.nuptial agreement. Those
stipulations that has nothing to do with the celebration of
marriage and the marriage did not ta$e place and if that is
ac$nowledgement of a child that could be considered as a
public document or a private handwritten instrument
nother example, +ast will and testament. *f it is a
notarial will, it is public instrument. *f it is a holographic
will, it is a private instrument wherein the testator does
not only disposes property but also ac$nowledges the
child being conceived by the common law spouse or by
the wife. (parecio vs. /araguya)
SECONDARY PROOF OF FILIATION
*n the absence of the foregoing evidence, the legitimate
filiation shall be proved by!
(') The open and continuous possession of the status of
a legitimate childR or
(3) ny other means allowed by the Rules of -ourt and
special laws.
Q:-ive e>a5ples of open and continuous possession of
the status of a legiti5ate child%
! 6a$uieco Case
7here the father or the husband accompanied the
pregnant woman in the hospital and paid the hospital bill.
That is the example of open and continuous possession..
lso, using the surname, those children born before the
efectivity of the 2- and under the -- there is no
prohibition against the use surname. lthough ngayon
mahirap na, regarding the illegitimate child using the
surname of the biological father. >efore your application
can be accepted you have to attach document proving that
you were already ac$nowledged by your biological father
lso, $ada buwan pumupunta $a sa taong ito at
$inu$uha ang allowance mo..or biniyaran ang tuition fee
mo..
Q: @>a5ples of 5eans allowed by &4C%
! 7endoBa vs% CA
*ncluded in the phrase Hother meansJ are the baptismal
certificate, 6udicial admission, family bible in which his
name was entered, common reputation respecting
pedigree, admission by silence, testimony of witness
(Rule '%& R#-)
Q: 8ow about DGA? What is the position of the cou$t?
! s early as the -ase of Tecson, case involving 2/0.
That is when for the first time the S- made mention of
,9. The S- said that lower court is not prevented from
accepting ,9 as proof of filiation. lthough, S- in the
case of 8e$$e$a vs% Alva said that court should be
cautious in giving credence to ,9. *t is not enough that
childMs ,9 profile matches that of the putative father.
The court should re<uire ((.(N as minimum value of
probability of paternity. The court should consider how
samples were collected and handled because there could
be a possibility of contamination. ,9 test does not
involve getting sample of your blood. >ut pwedeng scrape
your s$in or hair with the root. Scrape the tongue.
#/*9*#9 9* 55! which it would be better if you
legally adopt the child because ,9 is already accepted
in adoption so if later on somebody will run after the child
and it will be proven that you are not the biological
parent. The one claiming has the right on the child. $c
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CIVIL LAW REVIEW 1
may ,9 na tayo. lthough adoption cost! /)&,&&&.
C&,&&&Wand should be performed simultaneously with
the father and the child with the consent of the biological
mother..
C$uB vs% C$istobal
@arly ruling, that baptismal certificate is not
acceptable..it is only a piece of document that proves that
the sacrament of baptism was performed..it is a private
instrument but in this case, medyo $umambyo, horizontal
stare decisis, the S- baptismal certificate is one of the
acceptable documentary evidence to proof filiation in
accordance of R#-.
Q: @>a5ples of p$ivate inst$u5ent%
! +ove letters, text message and also email messages
Q: 1f the ?uestion has nothing to do with a$tificial
inse5ination but test tube baby o$ cloning, how will you
answe$?
! >y analogy, apply the provision regarding artificial
insemination because the framers never probably realized
that there could be a test tube baby or cloned baby in the
future.
ILLE+ITMATE CHILDREN
Q: What a$e the $ights of the legiti5ate child$en?
! A0$. 46<. +egitimate children shall have the right!
(') To bear the surnames of the father and the mother,
in conformity with the provisions of the -ivil -ode on
SurnamesR
(3) To receive support from their parents, their
ascendants, and in proper cases, their brothers and sisters,
in conformity with the provisions of this -ode on
SupportR and
(%) To be entitled to the legitimate and other
successional rights granted to them by the -ivil -ode.
Q: 8ow about an illegiti5ate filiation? 8ow it is
establish? What a$e thei$ $ights?
! A0$. 46A. *llegitimate children may establish their
illegitimate filiation in the same way and on the same
evidence as legitimate children.

The action must be brought within the same period
specified in rticle '8%, except when the action is based
on the second paragraph of rticle '83, in which case the
action may be brought during the lifetime of the alleged
parent.
A0$. 466. *llegitimate children shall use the surname and
shall be under the parental authority of their mother, and
shall be entitled to support in conformity with this -ode.
The legitime of each illegitimate child shall consist of
one.half of the legitime of a legitimate child. @xcept for
this modification, all other provisions in the -ivil -ode
governing successional rights shall remain in force.
Rights of illegitimate children, as long as the child is
recognized, the child is entitled to support, inheritance
and with the new law. 9 -T ++#7*9= T4@
-4*+, T# DS@ T4@ SDR95@ #2 T4@
>*#+#=*-+ 2T4@R (R.. (3))) abandoned the
ruling in MOSES+ELT.
LE+ITIMATED CHILDREN
rt. '88. #nly children conceived and born outside of
wedloc$ of parents who, at the time of the conception of
the former, were not dis<ualified by any impediment to
marry each other may be legitimated.
;The 2- code ma$es used of the word CONCIEVED
a'" BORN 9#T CONCIEVED !0 BORN ..you go bac$
to your statcon. The effect of using Ha'"L is not the same
as the effect of using H!0L in the provision. *f it is 9, it
is mandatory that both should be present. *f it is #R, it
means that you have a choice either or the child can be
legitimated if the child is conceived and born.
Q: )he pa$ents should not have any legal i5pedi5ent to
5a$$y each othe$%%because if the$e is legal i5pedi5ent
to 5a$$y each othe$ and when bo$n the child is bo$n,
the$e was no 5o$e legal i5pedi5ent%%what is the
$e5edy?
! doption not legitimation by subse<uent marriage..
Q: What should be done if the child can be legiti5ated
by subse?uent 5a$$iage?
! The parents need only toexecute an affidavit that when
the child was conceived and born.. there was no legal
impediment to marry each other existing between them
and later on they got married..attaching birth certificate of
the child and marriage contract and submitting them to the
civil registrar office where the birth certificate of the child
is registered..
Q: Would the$e be new bi$th ce$tificate be issued?
! 9one. 7hat will happen is that the civil registrar will
ma$e an annotation that the child is legitimated by
subse<uent marriage.
RI+HTS OF LE+ITIMATED
A0$. 465. +egitimated children shall en6oy the /a&#
0i>1$/ as legitimate children.
ACTION TO IMPU+N
A0$. 48(. +egitimation may be impugned only by those
who are pre6udiced in their rights, wi$1i' 2iv# @#a0/ from
the time their cause of action accrues.
ADOPTION
DOMESTIC ADOPTION v/. INTERMCOUNTRY
ADOPTION
%) ? / a g e
CIVIL LAW REVIEW 1
Q: When will you apply the 1nte$.Count$y Adoption?
Will you apply it only if a fo$eigne$ is applying fo$
adoption?
! 9o. it is not only applicable for foreigner who is filing
for adoption but also it could be applied if a 2ilipino is
applying for adoption. "ou can use *nter.country
doption, if petition for adoption is filed abroad but if in
the /hilippines, apply domestic adoption.
Q: Whe$e will you file if it is 1nte$.count$y?
! we have *nter.country adoption board..now what you
have to do is to go to the /hilippine @mbassy and in<uire
from the /hilippine embassy and you can file your
petition for adoption there..
Q: Can any child be legally adopted?
! s long as the child be "#-la0#" l#>all@ availa=l# 2!0
a"!.$i!' and the child is a &i'!0 child then he can be
<ualified to be adopted..unli$e before..you can 6ust adopt
any child who you can see in the street,it is
automatic..also, if you saw a baby in front of your door,
you can adopt it the baby >DT 9#7, you need to bring
the child to ,S7, or any orphanage. 74"K so that they
can do the declaration of the child as legally available for
adoption..if not, so that it will be less expensive, in our
petition for adoption the prayer would be to (') as$ the
court to declare the child legally available for adoption
and (3) to grant the petition for adoption note that
declaration can be 6udicial or extra6udicial..
Q: 1n 1nte$.count$y, it uses the wo$d <legally.f$ee child=
does it have any diffe$ence f$o5 legally avaible fo$
adoption?
! 9o. *t is simply a <uestion of semantics..t the same
time, it could also be done 6udicially or exta6udicially
Q: Who 5ay adopt?
! at least 'Cyrs older than the adoptee
Q: 1s it absolute?
! 9o. exception!
'. if the adopting parent is the biological parent of the
child to be adopted (or the spouse of such parent)
@xample! 9abuntis $a nung minor $ then later on gusto
mo ng ang$inin ung bata..pwede $ahit di yrs ung
gap..S old law, ')yrs sa youth and welfare code..ang
explanation ay nadagdagan $c ang marrying
age..#/*9*#9 9* 55! di sya pabor sa rason na un. *t
would probably bec of the moral ascendancy that should
be exerted by the adopting parent toward the adopted
child. lthough, why 'Cyrs of all ages. 0ust because it is
the law
*n ,omestic doption, ALIEN now may adopt
provided that he has the <ualifications of a 2ilipino who
can adopt plus additional re<uirements..
NOTE% REDUIREMENTS
FILIPINO CITINEN
'. legal age, in possession of full civil capacity and
legal rightsR
3. good moral character, has not convicted of any
crime involving moral turptitude,
%. emotionally and psychologically capable of caring
for children
1. at least 'Cyears older than the adoptee (waiv#"
when the adopter is the biological parent of the
adoptee, or is the spouse of the adopteeMs parent)
ALIEN
'. Same as the <ualifications of 2ilipino citizen
3. 4isFher country has diplomatic relations with the
Republic of the /hilippines
%. heFshe has been living in the /hilippines for at least
% continuous years prior to the filing for adoption
and maintains such residence until the adoption is
enterd
1. heFshe has been certified by his her diplomatic or
consular office or any appropriate government
agency that heFshe has the legal capacity to adopt in
his or her country
). hisFher government allows the adoptee to enter
hisFher country as hisFher adopted sonFdaughter
R@S*,@9-" and -@RT*2*-T*#9 of the alienMs
<ualification to adopt in hisFher country may be waiv#"
for the following!
'. former citizen who see$s to adopt a relative within
the 1
th
degree of consanguinity or affinity
3. #ne who see$s to adopt the legitimate sonFdaughter of
hisFher 2ilipino spouse
%. #ne who is married to a 2ilipino citizen and see$s to
adopt 6ointly with hisFher spouse a relative within the 1
th
degree of consanguinity or affinity of the 2ilipino spouse
4DS>9, 9, 7*2@ S4++ 0#*9T+" ,#/T
except in the following cases!
'. if one spouse see$s to adopt the legitimate
sonFdaughter of the other
3. if one spouse see$s to adopt hisFher own
illegitimate sonFdaughter. /rovided, however,
that the other spouse has signified hisFher
consent thereto
%. if spouses are legally separated from each other

;*n inter.country, the adopter must be at least 38 years old

NAlin bang bansa ang wala tayong diplo5atic $elation?
tingnan natin $c ba$a ung bata or magaapon nanggaling
sa bansa na wala tayong diplomatic relation..di open ang
lahat sa pilipinas..>a$a $c un ang <uestion sa bar..Dng
resdidency re<uirements..yan ang re<uisites sa 2-. s a
rule sa 2-, alien cannot adopt unless he has the
<ualifications but in ,omestic adoption. lien can adopt
provided that he has the all <ualifications of the 2ilipino
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CIVIL LAW REVIEW 1
who are <ualified to may adopt and a residence of the
/hilippines for three years. lso ta$e note..who are
included in 1
th
degreeK hanapin ang common..sa tatay
'degree..sa $apatid 3 degrees..A22i'i$@ $amag.ana$ mo
lang dahil asawa mo.
Q: Who 5ay be adopted? 7@74&1L@
! *n ,#5@ST*- ,#/T*#9, the following may be
adopted!
'. any person below 'L years of age who has been
administratively or 6udicilally declared available
for adoption
3. the legitimates sonFdaughter of one spouse by the
other spouse
%. as illegitimate sonFdaughter by a <ualified
adopter to improve his Fher status to that of
legitimacyR
1. a person of legal age if, prior to the adoption,
said person has been consistently considered and
treated by the adopter(s) as his or her own child
since minority
). a child whose adoption has been previously
rescinded
C. a child whose biological or adoptive parents(s)
has diedR provided, that no proceedings shall be
initiated within Cmonths from the time of death
of said parent(s)
*n *nter.country, only a l#>all@ 20## -1il" may be the
sub6ect of inter.country adoption

Q: Whose w$itten consent is necessa$y? E5e5o$iBeF why
it is necessa$y especially when it involves legit5ate and
adopted child, 0yea$s?
! because ultimately it will lessen their successional
rights..lumillit ang share..in actual cases, tinatanong talaga
ng 6udge ang bata..gunu din ang biological parent in cases
of biological right, hindi na sya magiging compulsory
heir, pde lang testate succession but not intestate
succession..testate succession if heFshe is instituted as an
heir..
S@-. ( (,omestic)R 74#S@ -#S@9T *S
9@-@SSR" T# T4@ ,#/T*#9
'. the adoptee, if '& years of age or over
3. the biological parent(s) of the child, if $nown, or the
legal guardian or the proper government
instrumentality which has legal custody of the child
%. the legitimate and adopted sonsFdaughters, if '&
years of age or over
1. the illegitimate sonsFdaughters, if '& years of age or
over, of the adopter if living with said adopter and
the latterMs spouse, *f nay
). the spouse, if any, of the person adopting or to be
adopted
Q: 1s gua$dian allowed to adopt?
! #nly after the termination of the guardianship and
clearance of hisFher financial accountabilities.
)a5a$go Case
,uring the pendency of the petition for adoption. The
prospective adoptive child cause an in6ury to a third
person..in relation to the 2- rt'38.'3L, who should be
liableK The parents.ba$it dapat maging liable ang
parentsK >ecause the parents has actual supervision of
the child. 7hen a petition for adoption is granted, the
decision granting the petition for adoption would retroact
when the child was born. This is the only first time that
the local civil registry will cancel the original birth
certificate and new birth certificate will be issued $c ang
ma$i$ita nung bta..name of father ay ung adopting
father..name nung mother ay adopting mother..so hindi
nya malalaman based on the document na inampon lang
sya..$aso ung ibang civil registrar nag$a$amali $ahit
na$astate na sa implementing rules the birth certificate
should not show that the child was simply adopted.
So ang nangyari sa case na ito, nung nag$aroon na ng
decision, inampon na ung bata so syempre
mangongole$ta na ung relatives nung batang
nasa$tan..sabi nung biological parent dapat hindi $ami
ung liable..dapat ung adopting parents..$c ung adoption
decision retroacted to the date when the child was born
so wala na $aming problema, wala $amiong liability..S-
ruled that wrong..this is an exceptional case wherein the
decision regarding the adoption was not given retroactive
application.74"K because it will be unfair for the
adopting parent. S- said at the adopted child causes
in6ury to third person, the biological parent were the ones
actual custody and supervision of the child..therefore,
even if the petition for adoption was already granted..the
biological parent should still be liable for the in6ury
caused by the adopted child because when it happened,
the are the ones who has actual custody and supervision
of the child..
Mang Case
7ritten consent of the biological parents is
indispensable unless the parents already abandoned the
child
Q: What a$e the effects of adoption?
! '. parental authority vested on the adopter
3. considered as legitimate sonFdaughter of the adopter
%. successional right
*Remember that adoption is strictly personal between
the adopting parent and the adopted child..that is why in
relation to succession, as held in the case of 7a$iategue
vs% CA, there is no right of representation if the adopted
child predeceased the adopting parent. Why? because the
relationship is strictly between the adopting parent and the
adopted child
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CIVIL LAW REVIEW 1
B! no ngayon ang mangyayari sa share ng adopted
childK
! di ba sa succession may tinatawag tayong accretion..di
pede ang right of representation.. di rin pede ang
substitution..$c ang substitution pede lang sya sa testate
succession..so accretion in favor of the surviving
legitimate children who are the compulsory heirs..ung
ana$ ng adopted, wala ma$u$uha unless the ana$ of the
adopted was instituted as a voluntary heir

RESCISSION is only applicable or a remedy available to
the child
Q: What about the adopting pa$ent?if 5aldita pla ung
ina5apon, ano gagawin nya?
! disinheritance
;tephanie Asto$ga -a$cia Case
4ere the petitioner is a single parent, lala$i nagampon
sya..di ba $apag nagampon $a mas maganda may wife
para at least $umpleto ang magiging pangalan ng
bata..may middle name may surname..ang <uestion ditto
ng nagampon ay $awawa naman ung inampon $o $ung
walang siyang middle name..alangan naming gamiting
nung inampon ang middle name ng nagampon $c
magiging mag$apatid sila..tatay na nya $apatid nanaya..so
the petitioner as$ the court to allow the child to retain the
middle name (the surname of the mother)..for the first
time the S- emphasizing the importance of the middle
name..it traces the maternal lineage. S- granted the
petition..allowed the child to retain the surname of the
mother as the middle name. @ven if the child was already
adopted
&epublic vs% 8e$nandeB
ng gusto ng nagampon palitan din ang pangalan.. S-
ruled 9o..ang right lang ay palitan ang surname pero ung
pangalan..you need to connect it now with R#-, change
of name. it provides when allowed to change name (ex.
4umiliating, embaracing). -hange of name is not allowed
in adoption but through R#-.
Ching #ing Case
doption is not a mode of ac<uiring or changing oneMs
citizenship..so if your adopting parent is an merican
citizen..then it is not automatic that you become an
merican citizen..because citizenship is a political right
but not a civil right..although, you need to connect it now
with dual citizenship act.. "#0iva$iv# -i$i?#'/1i. it
presupposes that the unmarried child, below 'Lyrs of age,
whether legitimate, illegitimate or adopted XXX
..naampon na sya tapos nag$ataon ung tatay gusto ulit
magrea<uire ng /hilippine citizenship..no need to ta$e
oath of allegiance ung bata..susundin na ung citizenship
ng tatay
TITLE VIII
SUPPORT
ART.45A a'" 455 MEMORINE
PERSONS OBLI+ED TO SUPPORT
A0$. 45A. Sub6ect to the provisions of the succeeding
articles, the following are obliged to support each other to
the whole extent set forth in the preceding article!
(') The spousesR
(3) +egitimate ascendants and descendantsR
(%) /arents and their legitimate children and the legitimate
and illegitimate children of the latterR
(1) /arents and their illegitimate children and the
legitimate and illegitimate children of the latterR and
()) +egitimate brothers and sisters, whether of full or half.
blood
ORDER OF SUPPORT
A0$. 455. 7henever two or more persons are obliged to
give support, the liability shall devolve upon the
following persons in the order herein provided!
(') The spouseR
(3) The descendants in the nearest degreeR
(%) The ascendants in the nearest degreeR and
(1) The brothers and sisters.
Q: Assu5ing that you got 5a$$ied, does it 5ean that
you$ obligation to give suppo$t to you$ pa$ents o$
b$othe$s o$ siste$s is dee5ed te$5inated?
! s you could see, there is no provision in support that
provides when obligation to give support is terminated.
This is the only case when there is the decision and the
decision does not become final in the sense that any
amount that reflects therein in the decision can be
changed depending on the needs of the recipient and the
means of the giver..

=oing bac$ to the <uestion, what the law gives you is
to follow the order of support. 7ho should be given
preference against the otherK

Buestion ni mam sa mga nga student. *f may pera ang
mga lala$i $anino ibibgay! sa nanay o asawaKsabi daw ng
mga student nya ay sa nanay but she said na mali un..
base sa order of preference, dapat sa asawa.biblical
basis!once you are married you have to leave your mother
and go to your wife XXX (H,) the support given to the
mother must be from exclusive property not from
con6ugal partnership or absolute community of property
Quisu5bing Case
Dnborn child entitled to support
#acson Case
-onnected with the provision of un6ust enrichmentWif
the biological father did not give support but it was the
uncle, the uncle has the right to demand for the
reimbursement of the expenses he incurred in the
%L ? / a g e
CIVIL LAW REVIEW 1
child..otherwise,the biological father is un6ustly enriching
himself at the expense of the uncle..
,at$icio vs% Dayo
*nvolves waiver of right..the S- gives the following
characteristics of support.. it is personal, based on family
ties..that is why in relation to property there is distinction
between real right and personal right..right to support is a
personal right..it cannot be transmitted ..in relation to
succession, based on the definition of sussession..it
enumerated what can be transmitted after the death..one
of the thing that can be transmitted is a right..but it refers
to a real right not a personal right. @xample of personal
right is support..it is intransmissible, it cannot be
renounced, that is why in RT C 2-.. there can be no
valid waiver of right to support nor can be renounced nor
be compromised..free from attachment or execution..it
variable in amount..this why the decision cannot be final
because the amount involve is always sub6ect to change
TITLE I:
PARENTAL AUTHORITY
-orrelate it with -4*+, >DS@ -T and RT '(
--, therefore if the parents are at fault, they could be
liable criminally or for damages, respectively.
CUSTODY OF THE CHILD
Q: What if the$e is a conflict between the husband and
the wife, to who5 the custody be awa$ded?
! *n relation to custody, if the child is below 8yrs
old..the custody is generally given to the mother. Why?
because we have $#'"#0 a># .0#/7&.$i!' which means
that the beast interest of the child is considered by the
court..it the child is below 8yrs old they say the manner
how the mother raises the child is different as to how the
father will raise his own child..so the law prefers the
mother to ta$e care of the child..
-a5boa and )onog Cases
S- gave exception to that rule.

+ENERAL RULE% if the child is below 8yrs old, the
custody is awarded to the mother

E:CEPTION% for compelling reasons
Q: -ive e>a5ples of those co5pelling $easons when
the custody should not be awa$ded to the 5othe$
! '. 9eglect
3. bandonment
%. Dnemployment
1. *mmorality
). 4abitual drun$enness
C. ,rug addiction
8. 5altreatment of child
L. *nsanity
(. ffliction with a communicable disease
Therefore, it the mother is not suffering from any of
these then the custody shall be automatically awarded to
the mother.
;agala vs% CA
-ustody of child entrusted to mother in law is simply
a temporary custody. Why? because parental authority is
inalienable. *t cannot be transferred..
,e$eB Case
The custody of a child below 8 years of age is given to
the mother because of the basic need of the child for a
mothers loving care
Q: What is the $e5edy if you want to $egain the
custody of a child?
! 2ile a /@T*T*#9 2#R 4>@S -#R/DS
Q: Whe$e do you file? Does it fall within e>clusive
Hu$isdiction of the fa5ily cou$t? 6ecause in you$
$e5edial law, the$e is a special cou$t c$eated that will
handle the cases of the fa5ily called a 9A71#A
C4D&)% 1s it only the 9a5ily cou$t whe$e you can file?
! 7ad$inial vs% 7ad$inial
The family court act of '((8 (R.. L%C() did not
divest the - and S- the 6urisdiction over habeas corpus
cases involving custody of minors..in other words, the
2amily court has concurrent 6urisdiction with - and S-
when it comes to petition for habeas corpus..affirmed by
5&%.&%.&1 of S- dated pril 33,3&&1..the 2amily court
is vested with original and exclusive 6urisdiction in
custody cases not in habeas corpus..it means that petition
for custody is different from petition for habeas corpus
casesWtherefore, if you are filing a petition for custody of
the child, the family court has only the original and
exclusive 6urisdiction to handle the case the case..on the
other hand, @X5/+@ of petition for habeas corpus! *f
the grandparent will get the custody of the child tapos
itatago..so what is the remedyKfile a petition for habeas
corpus..
. in this case, it ruled that regarding habeas
corpus..there is concurrent 6urisdiction with 2amily
court, - and S-
6ondadHai vs% 6ondadHai
*f the custody was awarded to the wife, it does not
deprive the husband of the parental authority.. parental
authority is retained.. what is not given to the father is
simply the custody over the child.. that is why the father
has the right to visit the child..
#a>a5ana Case
The choice of child for 8yrs or above, should be
ascertained. lthough of course, family court do not li$e
to call the child in the witness stand and as$ the child to
ma$e a choice because it becomes traumatic on the part of
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CIVIL LAW REVIEW 1
the child..therefore, usually the court will throw bac$
again to the parents and as$ them to settle it amicably..
Q: ,a$ental p$efe$ence $ule vs% 5ate$nal p$efe$ence
$ule?
! *n &a$#0'al .0#2#0#'-#, custody of the mother over
the child is preferred than that of the father.. Why?
because it has something to do with ethymological
definition of marriage..marriage is ta$en from two latin
words..mater (mother) and munium
(officeFresponsibility) because of the (month period of
pregnancy wherein there is much bonding between
mother and child..

Pa0#'$al .0#2#0#'-# 07l# that the custody of the
child should only be given to the parent..that is why the
$ind of authority between the parental authority given to
the parents and the substitute parental authority being
exercised by the grandparents..parents should always
exercise parental authority..although, 2ilipino setting
assuming that the wife wor$ abroad..uasually the wife
leaves the custody to her parents..mali ito..because it is a
violation of parental preference rule..parents are vested
of custody of their child against other person including
the grandparents..
M$isna vs% 1AC
9o finality of custody of 6udgment
;antos case
*t is only in the absence of both parents, that
grandparents can exercise substitute parental
authorithy..if wala lolo o lola, elder brother or sister..if
none, guardian..
S7=/$i$7$# .a0#'$al a7$1!0i$@ !v#0 $1# -1il"
N!$#% A0$. (46. *n default of parents or a 6udicially
appointed guardian, the following person shall exercise
substitute parental authority over the child in the order
indicated!
(') The surviving grandparent, as provided in rt.
3'1R
(3) The oldest brother or sister, over twenty.one years
of age, unless unfit or dis<ualifiedR and
(%) The childZs actual custodian, over twenty.one years
of age, unless unfit or dis<ualified.
7henever the appointment or a 6udicial guardian over the
property of the child becomes necessary, the same order
of preference shall be observed.
Q: What is the diffe$ence between A&) '+ 9C vs% A&)
'+0 CC?
A0$. (48. The school, its administrators and teachers, or
the individual, entity or institution engaged in child are
shall have special parental authority and responsibility
over the minor child while under their supervision,
instruction or custody.
uthority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity or institution.
ART (48). +astly, teachers or heads of establishments of
arts and trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they remain
in their custody.
ART (48) refers to torts and damages (<uasi.delict)..it
does not ta$e into consideration the age of the
students..law is silent.. ART (48 it explicitly provides
that it refers to minor children and they could be held
liable if something happened to minor child in an
authorized activities w1#$1#0 i'/i"# !0 !7$/i"# $1#
.0#&i/#/ !2 $1# /-1!!lB #'$i$@ !0 i'/$i$7$i!'. The school,
its administrators and teachers, or the individual, entity or
institution will be liable. >DT in ART (48) the school
does not have any liability..the liability is only shared
between the teacher and the head of the school.
ART (48 we are tal$ing about minor children wherein the
teacher, school and the administrator can be held
responsible..their liability is solidary and principal..
connect it with ART (45 FC

A0$. 4(5. Those given the authority and responsibility
under the preceding rticle shall be .0i'-i.all@ a'"
/!li"a0il@ lia=l# for damages caused by the acts or
omissions of the unemancipated minor. The parents,
6udicial guardians or the persons exercising substitute
parental authority over said minor shall be /7=/i"ia0il@
liable.
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved that
they exercised the proper diligence re<uired under the
particular circumstances.
ll other cases not covered by this and the preceding
articles shall be governed by the provisions of the -ivil
-ode on <uasi.delicts.

;considering that their liability is principal.. if the
6udgment cannot be enforced on them, you may run after
the parents of the minor child who caused in6ury to
another minor child
>ut ta$e note of the difference form ART ((4 FC
A0$. ((4. /arents and other persons exercising parental
authority shall be civilly liable for the in6uries and
damages caused by the acts or omissions of their
unemancipated children living in their company and
under their parental authority sub6ect to the appropriate
defenses provided by law.

;The liability of parents is primary..this contemplates a
situation wherein it is outside of the school premises not
1& ? / a g e
CIVIL LAW REVIEW 1
relate to school activities..dito hindi na hahabulin ang
teacher $undi ung parents na..therefore, principal ung
parents

>DT if nangyari sa school, ang unang liable ay
teacher, school and head of school..also, ang liability ay
principal and solidary../!li"a0@ lia=ili$@ means that you
could enforce the entire 6udgment against one solidary
debtor and that soldary debtor should now run after the
other co.solidary debtors..but if they cannot fulfill the
6udgment, then you can run after the biological parent
who caused in6ury..because parents are subsidiary liable
*llustrated in -S@! ESCONDE a'" AMADORA up to
ST. MARY3S ACADEMY v/. 8APITANOS
RT 3'L&. 7hen provision refers to school. *t only
limited to school of arts and trade based on the provision
as embodied in the -ivil code
@sconde Case
S- ruled that RT3'L&(8) refers to teachers or heads
of establishments of a0$/ a'" $0a"#/..not to academic
educational institution..BUT in the case of
AMADORAWRT 3'L& should apply to all
school..academic and non.acdemic..also, held in case of
PALISOC
;aygoBo vs% 1AC
S- ruled that recess is included in the phrase
Hattendance in the schoolJ..therefore if the child is in the
canteen and there is something happened to the child..the
parents can still run after the teacher, school and head of
the school..what is the defense of the latterK #bservance
of diligence of the good father of the family..which is the
same defense under RT 3'L&..
There was a camping..tapos nawawala na ung %
bata..tapos na$ita ung % bata lumulutang ung bata sa
dagat..di na$ita nung teacher na lumangoy at nalunod
ung bata..in this case, even it happened outside the
school since it is related to school activity..the teacher is
liable..the same in the case where bumaligtad ang bus
during field trip sa avilon zoo..XXXXXX
That is the reason why the tuition fee in elementary is
higher than in college..probably because of the
responsibility being assumed by the teacher, school and
administrator..
EMANCIPATION
Dnder '()& --, there are two modes of emancipation!
'. contracting marriage
3. attainment of the age of ma6ority
because marrying age is '1 for female and 'C for
male and at that time the legal age is 3'..
effect of emancipation! parental authority is terminated

9#7, there is only one mode of emancipation because
of the fact that the marrying age is 'L and the legal age is
reduced to 'L..it is the attainment of the age of ma6ority
Q: 1f 5e$on k ginawang kalokohan when +y$s old k,
does it 5ean wala ng cause of action ang victi5 against
you$ pa$ents?Conside$ing A&) '3/%%you a$e al$eady
e5ancipated%%the$efo$e the pa$ental autho$ity is
te$5inated upon $eaching the age of 5aHo$ity
! R.. CL&(. @ven if you are 'Lyears of age or those 'L.
3'..and still living with their parents and causes in6ury to
third person..the parents can still be held liable for it but if
paglagpas mo ng 3' $ahit na nasa nanay $a pa..bahala $a
na sa sarili mo 6ust in case you cause in6ury to third
person..di na liable ang parents..no more VICARIOUS
LIBILITY of parents..
@scano vs% -il
9ag.asawa na sya pero na$atira pa rin sya sa magulang
nya tapos nag$aroon ng problema..S- ruled that basta
nandun $a pa sa parents mo $ahit nagpa$asal $a
na..parents can still be held liableW>DT under RA68)5,
nag$aroon ng limitation..til 'L.3'years old na lang..
NULLITYB ANNULMENTB LE+AL SEPARATION
N7lli$@ . status of marriage is void ab initio, which means
from the very start no marriage was celebrated even if
there was a marriage ceremony performed.
A''7l&#'$. marriage is voidable, valid until annulled.
L.S. marriage is valid at the time it was celebrated.
*n remedial law who is the real party in interest. Secure
a copy of .5. &3.''.'&, tells us about new rules in filing
a petition for declaration of nullity, annulment and +.S.

*n the case of 9inal for purposes of resolving the issue
regarding succession or inheritance, the heirs of any of the
spouses can file a petition for declaration of nullity of
marriage. >ut by virtue the said rule .5. a petition for
declaration of nullity of void marriage may be filed solely
by the husband or the wife.
@n$ico vs% 8ei$s of Cely
S- categorically abandoned the ruling in 9inal. The
heirs do not have the right to file a petition for nullity
even for purposes of setting the issue on inheritance. #nly
the husband or the wife can be considered real party in
interest
Q: Why did 1 say inHu$ed pa$ty no statuto$y $efe$ence?
A: >ec. There is no in6ured party when it comes to
grounds for declaration of nullity. *f you will recall in rt.
1, the absence of any essentialFformal re<uisites will
render the marriage null and void.
1' ? / a g e
CIVIL LAW REVIEW 1
-an you consider a party in bad faith, if 1
th
cousins fell in
loveK or -an we say that the husband or the wife is in bad
faith if there is lac$ of marriage licenseFlac$ of legal
capacityFpsychological incapacitated. That is the reason
why when it comes to who is the real party in interest, we
do not use the word in6ured party, if it is a petition for
nullity. Dnder the rules, it is simply the husband or the
wife. 9obody can be considered as an in6ured party in a
petition for declaration of nullity.
;al5ingo vs% &udica
,ito na$ialam ung pubic prosecutor, $asi dib a if you
file a petition for declaration of nullity the state will always
intervene because of the constitutional mandate that the
state will protect the sanctity of marriage and in order to
find out whether there is a collusion bet. The parties, the
state representative who can be the public prosecutor or
office of Sol. =en. will appeal in court. *n this case S.-
said one who is not a real party in interest in a complaint
for declaration of nullity cannot as$ for the setting aside
therein. 4is invocation of the states interest in protecting
the sanctity of marriage does give him the standing to
<uestion the decision by law. *t is the prosecuting atty. #r
fiscal or Sol. =en. who represents the interest of the state.
>ut as * have said the role of the fiscal or Sol. =en. is
simply to find out whether or not there is a collusion bet.
The parties when the petition was filed. 4ere a %
rd
person
filed a petition for declaration of nullity and he is invo$ing
for the interest of the state. S- said, no you are not a real
party in interest.
A''7l&#'$
D% W1! -a' 2il# $1# -a/#9
! #nly the in6ured partyFaggrieved party.
Q: Why is the$e such a thing as inHu$ed pa$ty in
annul5ent?
! #ne ground 1 annulment is fraud. *n R#-, if you will
go to court, you have to go there with a clean hands so if
you are the one who committed fraud, you cannot file a
petition for annulment. So only the in6ured party can file
but there are exceptions!
'. +ac$ of parental consent. the parent where
consent was not obtained can file a petition for
annulment
3. *nsanity. the relative can file a petition for
annulment.
L#>al S#.a0a$i!'
0ust li$e in annulment, if you will loo$ at the grounds of
+.S there is really an in6ured party. @x. Repeated physical
violence, so $ung i$aw ang bo$singero, hindi i$aw pwede
mgdemanda, ung sinas$tn ang pwede.
P0#/-0i.$iv# .#0i!"
N7lli$@ . the '&.year prescriptive period has been
repealed so forget about it, it imprescriptible, so even if
you were married before the effectivity of the 2-, still
you can file a petition, for the reason that it is void ab
initio so why put prescriptive period.
A''7l&#'$ . )yrs. is the prescriptive period for filing a
petition. 5emorize rt.8.when do you start counting the
).yr period.
@x. 2raud. upon the discovery and not frm the celebration
of the marriage.
>ut ta$e note of the exceptions considering there are %
rd
persons who can file, you need to connect that to the
prescriptive period. So if it is the parent whose consent
was not obtained, the parent can file before the child
reaches the age of 3'.
Q: What happen if the pa$ent was not able to file the
petition and the child is al$eady ' o$ above '?
! So you have to apply the ).yr period but this time
relate it to the spouse who did not obtain the consent of
the parent so the spouse who got married upon reaching
the age of 3' still given ) years counted frm 3'. 5eaning
to say until heFshe reaches 3C yrs old.
fter 3C or pg 38 na cya, if heFshe did not file. the
marriage was already rarified by cohabitation. Ratification
is only applicable in a voidable marriage.
*f insanity, any of the relatives of the insane may file.
>efore the death of either party or during lucid interval.
L.S . ) years.
H!w $! i&.7>'9 Ca' i$ =# a$$a-C#" "i0#-$l@ !0
-!lla$#0all@9
V!i" &a00ia>#. it can be attac$ed collaterally wFc means
that is not the main issue in the case file. *t was simply
brought out as a conse<uence in attac$ing the principal
issue in the case.
V!i"a=l# &a00ia>#. cannot be attac$ed collaterally.
There shld be a separate action to annul.
L.S. it is not applicable bec. The marriage is valid.
+0!7'"/
5emorize the grounds. >ut the easiest way, '
st
apply
rt.1, the absence of any of the essentialFformal
re<uisites. Then go to list of prohibited marriages.
Do5ingo vs% C%A
/rior 6udicial declaration of marriage shld not be
simply construed as necessary only for the purposes of
contracting a subse<uent marriage. There is also need for
6udicial declaration of the first marriage for the purpose of
setting the issue regarding inheritance etc. it is not only
limited to contracting a subse<uent marriage. rt.1& shld
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CIVIL LAW REVIEW 1
be extensive, it shld not only for the sole purpose of
contracting subse<uent marriage.
7olina Doct$ine
S- said, it enumerates what are the elements that shld
be present so that a petition for declaration of nullity on
the ground of /.*. can be granted, the impt. @lements are!
'. 5edically proven
3. /ermanent and incurable
9.>. there are L in the list, but these 3 are most impt.
Ching 7ing Choi
4e wants to remain a virgin all thru his life. 4e does
not li$e to have sex. *n canon law, if marriage is not
consummated it is a ground for annulment. >ut in this
case it is tantamount to /.*. it was discovered that -hing
5ing -hoi is not He but She in a manMs body.
7a$cos vs% 7a$cos
9ot related by blood but bec. #f employment contract.
*f you read this case, these 3 people used to be member of
the /S= they became unemployed. 9ainis ung babae xe
cya lng wr$ng. lthough in this case the S- denied the
petition. 7hat the S- emphasize here, a person can be
considered /.*. even if he was not personally interviewed
by a psychologist. 5oreso $hit ndi nainterview or
naexmine the psychologist may give a recommendation or
declaration that respondent is /.*. >asisK. the testimony of
the relatives of the resp., who testified that since birth that
has been the behavior of the resp. the psychologist will
trace the family bac$ground.
&epublic vs% Dagdag
Root cause must be medically identified.
6uenaventu$a case
/etitioner wants the person who was declared /.*. to
pay damages. S- said no, it is not his fault to be /.*. at the
same time there is possibility that the petitioner may be
declared as /.*.
,a$as vs% ,a$as
The disposition of a disbarment case cannot be
conclusive on an action for declaration of nullity, because
it was based on immorality, it is not a ground.
Ta$e note of the gravity of /.*.
'. =ravity
3. 0udicial antecedents
%. *ncurability
Q: 1f you have been decla$ed as ,%1% do you still have the
capacity to ente$ into a subse?uent 5a$$iage?
! 3 suggested answers!
1. There is such a thing as relative /.*. meaning to
say, resp. might be /.*. to the '
st
spouse but not on
the 3
nd
spouse.
3. 5aMam +opezMs #pinion. ta$e into consideration
the re<uisites of /.*. accdg. To 5olina case there
shld be an element of permanence and
incurability.
I'-#/$ 07l#/ . memorize rt.%8
The new rules of declaration of nullity of marriage under
.5 &3.''.'& relaxed the re<uirement of expert opinion
referring to a psychologistFpsychiatrist. Sec.3 par.b . the
petition need not allege expert opinion but simply
complete facts of he physical manifestation indicative of
said incapacity.
M#&!0i?# &a00ia>#/ a>ai'/$ .7=li- .!li-@.
Bi>a&!7/ Ma00ia>#
Q: 3uan 5a$$ied, afte$ disappea$ing fo$ seve$al yea$s
cont$acted a second 5a$$iage% 1s the '
nd
5a$$iage valid?
! s a general as that you may <ualify, itMs because of
the so called 6udicial declaration of presumptive death of
the absent spouse. ,isappearance is different from
abandonment. 7hat rts. 1& [ 1' contemplate is
disappearance under circumstances beyond the control of
men.
@xample! ,isappeared because of earth<ua$e. *f you want
to marry again you have to file a petition for declaration
of the presumptive death of the absent spouse. 7hich is
different under the '()& --. absences for 8 consecutive
years may be sufficient to give you the capacity to
contract subse<uent marriage, if you have a well.founded
belief that your spouse is dead. 2ilipinos abuse that
provision, that is why in the 2- when if your spouse
disappeared under circumstances beyond your control,
you need to as$ the court to declare your husbandFwife
dead.
@ffect of declaration! this will give you the chance to
contract a 3
nd
marriage.
Q: 1f you cont$acted a '
nd
5a$$iage, does it 5ean to say
that the
st
5a$$iage is al$eady te$5inated?
! 9o, the '
st
marriage accdg. To the 2- is simply
suspended. *n effect, the 3
nd
marriage although allowed by
law is bigamous but this is a case that even it is bigamous
it is considered valid. why validK. bec. >efore the
contracting the 3
nd
marriage there was a 6udicial
declaration of presumptive death of the absent spouse.
Q: What happens if absent spouse $e.appea$ed?
! *t depends, if there is an execution of affidavit of
reappearance filed before the +-R where the marriage
contract is registered automatically, the 3
nd
marriage
according to 2- is deemed terminated in wFc case, the
suspension of the '
st
marriage is deemed lifted.
Q: What happens to the child$en assu5ing they a$e
child$en in the '
nd
5a$$iage?
! The children will remain legitimate.
Dnder the Spanish --, the moment there is a 6udicial
declaration of presumptive death of the absent spouse,
1% ? / a g e
CIVIL LAW REVIEW 1
automatically, the '
st
marriage is terminated, and the 3
nd
marriage will remain to be valid.
Q: Assu5ing that the pe$son who $e.appea$ed have
decided not to file ad affidavit of $eappea$ance, will it
give hi5 the capacity to cont$act a subse?uent
5a$$iage?
! 9o, remedy.he should go to court and file a petition
for the declaration of nullity of his first marriage.
Q: Aside f$o5 the absent spouse, who 5ay file an
affidavit of $eappea$ance?
! The present spouse, but the law does not ma$e it
mandatory the law says Hmay fileJ
A''7l&#'$ !2 Ma00ia>#
Ta$e note when it comes to fraud, you have to apply rule
on statutory const. Hexpresio uniosJ. what is not include is
deemed excluded.
F0a7"
Ducat vs% A?uino
S- said, $pg 8 mnths na un babae $alo$ohan na un $ng
s3vhn may deceit pa. 7hyK *f the woman is pregnant, it is
only up to the 1
th
mnth wherein you cannot see that the
woman is pregnant or not. The moment that it is already
in the )
th
mnth, automatically bgla n lng lala$i ung tyan.
S- said in this case if 8 mnths n un babae, u cnt later on
claim that there was fraudFdeceit.non disclosure of
pregnancy. >ut if the woman is 1 mnths pregy or below 1
mnths then that is when you can invo$e fraud. 7hat
ma$es it fraud is not the pregnancy per se, itMs not the
ST,, itMs not the homosexuality, but the non.disclosure
wFc ma$es it a ground for annulment.
Anaya case
9on.disclosure of pre.marital relationship does not
constitute fraud.
So memorize the 1 circumstances constituting fraud.
Cillanueva vs% CA
+ac$ of cohabitation per se is not a ground to annul a
marriage. *t only becomes when it arises as a result of the
perpetration for any of the grounds for annulling
marriage.
#uis vs%AtienBa
lawyer is involved in this case. The lawyer alleges
that he was threatened by the father of the girl. The father
said that if you will not marry my daughter, * will file a
disbarment case. S- said that is not a $ind of
intimidationFforce wFc can vitiate consent.
The $ind of intimidation wFc can vitiate consent is
something that there is really a threat on imminent danger
to oneMs life or property or life of oneMs relative. *f you
connect it to the 6ustifying circumstance under the R/-.
self.defense.
7aca$ubo vs% Atty% 7aca$ubo
5acarubo got married. 4e filed a petition for
annulment alleging that he was Hnapi$otJ, the court
annulled. 3
nd
marriage. he claimed again Hnapi$ot ulit a<J
S- said it is unimaginable for a lawyer ta$ing into
consideration his profession. '
st
time acceptable Hshot gun
weddingJ but 3
nd
time around Hshot gun wedding ulit, S-
said ' incident of a shot wedding is believable but in
succession would tac$ oneMs credibility especially accdg.
to S- it s not easy to believe that a lawyer would be easily
coward to enter into marriage.
I&.!$#'-@
5ale or female may be impotent. *mpotency 6ust li$e /.*.
shld be permanent and incurable.
3i5eneB vs% &ep
S- said to find out whether it is incurable the spouse
can be physically examined even when there is an
opposition. That would not be a violation of constitutional
rights.
;a$ao case
-onsidering that the operation of the wife was
successful the impotency as a ground for annulment
cannot be accepted.
Q: ,ano 5giging i5potent ang babae?
! ,epende sa opening ng vaginal canal. *f the opening is
too small and there if difficulty for penetration.
Q: @h kng sa lalaki?
! There is difficulty in e6aculation. *t has something to
do wF the size of the penis.
STD
>efore it was not a ground. ><tK Xe dati d uso ang
prostiW huhK
+0!7'"/ 2!0 L.S.
5a$e a code, impt. Dn code ni maMam alm nyo na nW
hehehe
'. Repeated physical violence. it is not simple
violence.. it has to be repeated.
3. bandonment
4ng vs%4ng
The abandonment should be wFo 6ustifiable reason for
it to be a ground for +.S. in this case the wife left the
con6ugal dwelling because she was physically abused. *t
was the husband who filed a petition for +.S. on the
ground of abandonment. S- said it cannot be
abandonment, pnu $ ndi i3wah eh inaabuso mu asawa mu.
So for it to be a ground 1 legal separation it should be.
- t least ' year
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CIVIL LAW REVIEW 1
- wFo 6ustifiable reason
%. attempt of the respondent x x x tgnan sa codalW
hehe
1. final 6udgment. connect it to R#- o$Wun time
frame $ng $elan un periodWna finl 6udgment n
tlga.
). +esbianismFhomosexuality, if there is no
disclosure.fraud, if there is.groubd for +S.
E22#-$/
D% D#-la0a$i!'Ea''7l&#'$ELSB $1#@ /a@ i$ i/ a .a-Ca>#
"#alB w1@9
! >ecause all of these should appear in the decision, it is
not 6ust a ruling that the petition is granted. /etition
should embody what would be the effect in relation to the
status of the child the custody, the prop. Relationship,
donation propter nuptias, succession. Some family court
they might have overloo$ed it so for practical purposes,
when you become practitioners and you will be handling a
case, * suggest you include it in your prayer.
Au vs% Au
S- citing rts. 1( [ )& of the 2-, the issue about the
custody of the child is deemed impleaded in the petition
for declaration of nullity, together wF support, dissolution
of property, presumptive legitime. So S- said lahat dapat
nandon, $ya lng na$a$alimutan ng family court so para
hindi ma$alimutan, ilgay nyo n sa prayer nyo $ya nga
pac$age deal sya.
4. Ma00ia># =!'"
N7lli$@ . marriage is dissolved.
A''7l&#'$ . it is proper to say the marriage bond is
dissolved, bec. *t is voidable, valid until annulled.
L.S . marriage bond is not dissolved, it will remain to
be valid but there is simply a separation from bed [
board.
(. S$a$7/ !2 -1il"0#'
-hildren born before the declaration of nullity will
remain to be legitimate.
So if after declaration gen, rule children are
legitimate, except. if the ground is /.*. under rt. %C
or under rt.)% wFc refers to non.delivery of the
presumptive legitime and the registration re<uirement
before you contract a subse<uent marriage, under
these 3 cases if the children are born before the
declaration of nullity and later n the marriage
becomes null and void, they will remain to be
legitimate.
7hich means that if you are tal$ing about the
other grounds for example. lac$ of legal capacity,
absence of marriage license, $ng ung declaration of
nullity ngawa lng after )& yrs so after )& yrs s3vhn
mu sa ana$ mo illegitimate $ pla. >ecause the
decision in the declaration of nullity as a gen.rule will
retroact on the date of the celebration of the marriage
except if the ground is %C [ )%.
Q: What is the status of the child if it is annul5ent?
! They will remain to be legitimate if conceived or born.
Remember when we were tal$ing about legitimated
children by subse<uent marriage, the law re<uires
conceived and born. 4ere conceived or born so either or.
>efore the decree..
Q: 1n #; what is the status of the child?
! +egitimate because the marriage bond is not dissolved.
3. P0!.#0$@ 0#la$i!'/1i.
7e discussed under rts. '18 [ '1L refer to co.
ownership in relation to a common law relationship
and void marriages. 7e now connect it here, what are
void marriages falling under '18F'1L. s mentioned,
if there is an element of bad faith and * can only
thin$. for it fall under '18F'1L, the co.ownership
under '1L wherein there is a need for a proof of
actual contribution, if he marriage is declared null [
void on the ground of bigamy. >ecause he is in bad
faith but ma6ority be governed by '18 because itMs
not your fault, $ea dib a here is no in6ured party in
declaration of nullity.
I' a''7l&#'$, apply the provision in the creation of
property relationship. So in the absence of ante.nuptial
agreement. presumption.\ absolute community. *n case of
an ante.nuptial agreement, the property relationship
agreed upon by the parties. that is the one that would be
dissolved in annulment of marriage, why? >ecause we are
tal$ing about a marriage that is voidable, valid until
annulled [ what is the effect? 7e said in annulment
there is an in6ured party [ as an assumption the spouse in
bad faith forfeits, what is forfeited is the share in the
profits. /rofits lng ndi $abuuan, $xe $ng $buuan $wa3
nmn. 7la n nga aswa, ala p property.
I' LS, same effect, $ng anu ang property relationship
agreed upon, if there is an ante.nuptial agreement or in the
absence, you follow the applicable property relationship,
following the presumption of the law.
<. C7/$!"@ !2 -1il"0#'
Iea $ng cnv nt applicable sa nullity $ze wla nga,
void ab initio so tlgang dpt sa nanay. Iea nga d b
under the 2- shall carry the surname of the mother
ng$ataon lng we have a new law allowing an
illegitimate child to carry the surname of the father.
*n annulment, here the court will always ta$e into
consideration the different doctrines * mentioned a while
ago. /resumption maternal preference rule and the
parental preference rule.
*n +S, usually gnun din.
1) ? / a g e
CIVIL LAW REVIEW 1
A. I'1#0i$a'-#
N7lli$@ . dis<ualified to inherit of the spouse is in bad
faith.
A''7l&#'$ . spouse in bad faith, dis<ualified to
inherit.
LS . offending spouse, dis<ualified to inherit.
6. D!'a$i!' =@ 0#a/!' !2 &a00ia>#E"!'a$i!'
.0!.$#0 '7.$ia/
N7lli$@ . remain valid except if donee contradicted in
bad faith in wFc case it is revo$ed by operation of
law.
A''7l&#'$ . bsta $pg may bad faith, the revocation
is by operation of law pero $ng ti3gnan mu saWala
$asunod ehW.sorry.
LS . revocation by innocent spouse.
6. D#liv#0@ !2 .0#/7&.$iv# l#>i$i&#
Q: Afte$ the decision of 5a$$iage, what should u
do?
! ,elivery of presumptive legitime and recording of
6udgment. #therwise if you will contract a 3
nd
marriage, if you will not do this, then eiher of the
spouse in the 3
nd
marriage can ma$e this a ground for
declaration of nullity for non.compliance wF this
re<uirement.
R.A. 5)<8M+i>!'"! LawM-l#0i-al #00!0 a-$
The changing of nameFnic$name. ,o not be
confused this wF the change of name in R#-. 7hat is
contemplated in R (&1L are cases involving those
people wherein supposedly you have 3 names in your
birth certificate.
ffidavit is not applicable in passport. The law
does not refer to those cases when for example she
wants to change her name because it is ridiculous.
>ut if for example her name is /edro but she has
been using /edra all throughout the years from
elementary up to college. So what will /edra do,
produce all documents showing that since grade ' the
name /edra has been appearing consistently. This is
not because it is humiliating or embarrassing based
on records because that is the name that you have
been habitually using.
T@.!>0a.1i-al #00!0 . only '
st
name [ nic$name
allowed, surname not allowed
#ther examples wFc can be changed. entry.
birthday, nationality, all typographical. S change to Q
2emale nging male.\ pero female tlage cya.
\-ongressman it is clerical error but to -ourt it is
substantive, if this will be as$ed in the bar, 6ust stic$
to what is written in the title..typographical error or
clerical error or change of first name or nic$name.
E22#-$ivi$@ !2 RA 5)<8% pril 33, 3&&'
-ase of petition for the change of name 0ulio
Iarulasan. S- said the person who should file the
petition should be the concerned person himself. *n
this case it was the mother who filed on behalf of his
child. Reason of the mother, her child will go to
Singapore, and Singaporeans might not pronounce
H$arulasan properlyJ at b$a pgtawanan sya. S- said
let the child decide for himself. The mother is not real
party in interest.
&epublic vs% Co, '000
/ublication of the order of hearing under Sec. 1 of
Rule '&L cures the failure to implead an
indispensable party.
;ilve$io vs%&epublic
/erson who had a sexual transplantFsex re.
assignment. *t was granted by the lower court on
ground of e<uity. S- what should be reflected in the
birth certificate are information on data at the time of
the actual birth. S- made mention of R (&1L .
grounds for changed of '
st
name!
1. /etitioner finds '
st
name, nic$name to be
ridiculous tainted wF dishonor or extremely
difficult to write or pronounce.
2. '
st
name or nic$name has been habitually and
continuously used by petitioner and have been
publicly $nown by that '
st
nameFnic$name in the
community.
That is why *Mve said you execute an affidavit for the
change of name and then you attach documents showing
that since elementary you have been using that name.
-hange of sex and name in the Silverio case was not
allowed.
1C ? / a g e
CIVIL LAW REVIEW 1
' ? / a g e

A Review of Civil Law by Justice Lopez Rosario

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A Review of Civil Law by Justice Lopez Rosario

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CIVIL LAW REVIEW 1

Atty. Ma. Liza Lopez - Rosario

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