Professional Documents
Culture Documents
11-15 Civilaw Questions
11-15 Civilaw Questions
As a rule, once the criminal action has been commenced, the civil
action for damages arising from the offense charged shall be suspended
until the final termination of the criminal action. What is an exception to
this rule under the New Civil Code? - Anna Danessa Valdez
The exceptions are as follows:
1) Where the civil action is based on an obligation not arising from the act or
omission complained of as a felony, such as when the basis of the civil action is
culpa contractual, culpa aquiliana, etc. (Art. 31, 2177, NCC)
2) Where the law grants to the injured party the right to institute a civil action which
is entirely separate and independent from the criminal action, such as when the
action is based on: (a) interferences by public officers or employees or by private
individuals with civil rights and liberties; (b) defamation; (c) fraud; (d) physical
injuries; or (e) refusal or neglect of a city or municipal police officer to render aid or
protection in case of danger to life or property. (Arts. 32, 33, 34, NCC)
3) Where the question to be resolved in the civil action is prejudicial to the criminal
action (Art. 36, NCC)
12. Blues father dissolved his marriage with his mother on a decree of
annulment issued by the court. Oranges mother, on the other hand,
became a widow upon the death of her father. Blues father and Oranges
mother then got married. Thereafter Blue fell in love with Orange.
Believing their marriage to be void in the Philippines, Blue and Orange
agreed to get married in Timbuktu. Presuming the marriage between Blue
and Orange were considered valid in Timbuktu, is the marriage between
Blue and Orange considered valid in the Philippines? - Joji Digyan
The Answer is YES if the governing law at the time of the marriage between Orange
and Blue is the Family Code. But the answer is NO, if the marriage was celebrated
before the effectivity of the Family Code.
In the case of Ablaza v. Republic of the Philippines, the Supreme Court held: A valid
marriage is essential in order to create the relation of husband and wife and to give
rise to the mutual rights, duties, and liabilities arising out of such relation. The law
prescribes the requisites of a valid marriage. Hence, the validity of a marriage is
tested according to the law in force at the time the marriage is contracted. As a
general rule, the nature of the marriage already celebrated cannot be changed by a
subsequent amendment of the governing law. To illustrate, a marriage between a
stepbrother and a stepsister was void under the Civil Code, but is not anymore
prohibited under the Family Code; yet, the intervening effectivity of the Family
Code does not affect the void nature of a marriage between a stepbrother and a
stepsister solemnized under the regime of the Civil Code. The Civil Code marriage
remains void, considering that the validity of a marriage is governed by the law in
force at the time of the marriage ceremony.
13. Haruki, Japanese, married Natasha, a Filipina. One day Haruki found
Natasha grieving, apparently, because of the death of her 1st husband,
George. Then Natasha admitted that prior to her marriage to Haruki, she
had a subsisting marriage to her Filipino husband, George. She only
Hence, the rule on the exclusivity of the parties to the marriage as having the right
to initiate the action for declaration of nullity of the marriage under A.M. No. 02-1110-SC had absolutely no application to the petitioner.