Art 19 development bank of the philippines vs CA (Insurance)

Velayo vs shell co. of the philippines (Airlines)

Art 20 Albenson Enterprises Corp V Court of Appeals

mistake in identitiy, art 19, 20 & 21

Art 21 Manuel v People - (Married for 20 years)

Gashem shookat baksh v CA (Iranian exchange student
wassmer vs velez - (Letter)
quimiguing v icao - (neighbors)
Constantino vs mendez - (waitress & repeated sex)
Magbanua vs IAC - (Tenants refused to give water)
Vda. De laig v CA - (World war 2)
Peoples bank v. Dahican Lumber company (havent read)

art 22 Every person who through an act or performance of

another or any other means aquired

art 23 even when the act or event causing damage to another

was not due to the fault
Obana vs CA - sandoval's 170 cavans of Rice

art 24 De lima vs laguna Tayabas company

(collision 30 years case, liberal stand, merit)
Domingo vs astorga - (business couple good in buisns)

Art 25 thoughtless extravagance in the expense of pleasure

art 26 Every person shall respect the dignity, personality

RCPI vs verchez - (telegram asking for money)

art 27 Ledesma vs court of appeals

(the loan giver, tresurer, Honors student)
vda. de laig v. court of appeals (Deed of sale)
Amaro et al vs sumnanggit (Police officer)
Javellana v Tayo (Mayor)
Correa v CFI Bulacan ()
Palma v Graciano
Carreon v Province of Pampanga
Stiles v Lowell

art 28 Unfair competition

art 29 Philippine National Bank v Catipon
Republic of the philippines v Asaad

art 33 in cases of defamation fraud and physical injuries..

*Dyogi vs yatco - (Runover wife)
*Marcia V. CA - (Bus and jeep collision)
art 34 when a member of a city or municipal police force..

art 35 section 1 - Institution of criminal and civil action

section 2 - When separate civil action is suspended
section 3 - When civil action may proceed independently
section 4 - effect of death on civil actions
section 5 - judgment in civil action not a bar to crim

art 36 *Benitez v. Conce - (PNB) 50k later 170K

- (Civil case for not paying)
- (criminal case then filed for estafa)
 *Fortich-celdran v Celdran - (first and second marige,
ammicable settlement
Criminal: Estafa yes
Civil : Authenticity of document
*Jimenez v. Averia - (fishing boat)
Criminal : didnt return money 20k no
Civil: Fraud decite and intimidation
*Landicho v. Relova - (First wife and second wif e)
Criminal: Bigamy filed by 1st wife no
Civil: 2nd wife file d force, threat & Intimidation
he also filed for force, threat....
*Zapata v. Monsenta - (the respondent was the victim)
Criminal: Bigamy yes
Civil: Force, threat and intimidation
*Beltran v People - (paramour)
Criminal: Concubinage no
Civil: Phychological incapacity

Art 37 Juridical capacity which is the fitness to be the subject

Art 38 are mere restrictions
(1) minority; - (under 18) (2) insanity - (Mental disorder)
(3) imbecilit - (feeble-minded)
(4) deaf-mutism - (only if cant read or right) or (Has guardian)
(5) prodigality - (squanderer of money)
(6) civil interdiction - (convict)
Art 39 broader than art 38 ex: Father is full capacity in art 38
but in art 39 he his capacity to alienate his property...
(1) Penalty - (penalties imposed as punishments in crimes) deprive
(2) Family relations - (husband wife etc. incldng half-blood)
(3) Alienage - (Foreigner) (4) absence - (2 - 5 years)
(5) insolvency - (unable to pay money owned)
(6) trustee - not allowed to become a buyer of the trust property

Art 40 birth determines personality but the concived child shall

Presumative personality and actual personality
art 41 for civil purposes, the foetu is considered born if it
Quimiguing vs icao - (neighbores)
geluz vs CA - (Third Abortion)(COMELEC)damgs fr injrs/death
Birth certificate is the best evidence of the fact of birth
its a public document its confidential eexept upon the request of:
(1) person himself (2) Parents, spouse, institution iincharged etc
(3) court (4) nearest kin incase of death
art 42 civil personality is extinguished by death
Butte v. manuuel uy and sons, inc - (Co-owner house and lot)
Art 43 Joaquin v. Navarro - (manila massacre)(German club)
Positive evidence or can be circumstantial evidence=facts
Art 44 the following are juridical persons;
public: BPI,DBP Ph gaming and amusment corporation
private: coca-cola, toyota,
Art 45 juridical persons mentioned in nos. 1 and 2 of the preceeding
Art 46 juridical persons may acquire and possess property of all kin
Roldan v. Philippine veterans board - (Philippine veterans board)

Merritt v. Government of the PH islands - (hit by ambulance)

while riding a motorcycle (ambulance driver not a special agent)

USA v. Guinto - (solicited bids of contract)(clark air base)

Dizon won but included in his bid an area not included in invitation
(civil eng area) SO RESPONDENT WANTED TO CANCEL AWARDS and rebid
 enjoys emunity unless it conducts business
haircut and shave also shampoo massage manicure etc

municipality of sanfernando v judge firme - (sand&dumptruck)

hit jeep causing death.. they enjoy immunity however
(their charters provides them the competence to sue and be sued)
(but cant prosper bc driver was acting in its gov capacity)

Philrock v. board of liquidators -(defective rock pulverizing machinery)

Repacom is a gov agency suing it is akin to suing the State
no juridical personality separate and distinct from government

City of kokomo v. loy - (Kokomo firefighter) Drunk while in duty

had reached a private settlement agreement

TORIO v. FONTANILLA - (Collapsed stage, fiesta, died)

cnstrctn of 2 stages one died (vincente Fontanilla)
obsolved bc merely acting agents, does not observe fiestas

palafox v province of ilocos norte - (Runover) truck driver homicide

governmental functions or duties(Mentainance of road)provincenotliable

cagayan fishing vs sandiko - (loan 8k, Mortgaged 4 parcels of land)

company was not yet incorporated when it entered into contract
corporation was non-existant

saw v ca - (collection suit on tax was filed by

Equitable Banking Corporation against saw) stockholders moved to
intervene about the loans filed by saw as they did not aprove
stockholders cannot intervene bc distinc personality not owners
Art 48 the following are citizens of the philippines:
Romualdez-Marcos v comelec ()

Title I. - Marriage

marriage is a special civil contract, not ostensible

does not shed right of privacy, extinguishes criminal action on
rape, 3 parties in a civil marriage the 2 spous and aproving state

Bove v pinciotti - (he went to washington) ostensable

Philipine tlegraph vs NLRC - policy of not accepting married womn
not okay bc it does not prove that being married could be
detrimental to the business

Mail order bride (1) establish business fil woman to foreign

(2) advertise such business (3) to induce a fil woman to be part
(4)to use postal service to promote

trafficking woman (a) to match fil woman to foreign for money

(b) for marrying a fil woman real or simulated for selling them

Zulueta vs ca - ransack cabinets contain documents diaries photogr

duncan v glaxo - emplois faling in love and tecson married bettsy
okay because married couples in a business could spoil the secrets
behind its formulas, marketing strat, and other confidential prog
star paper corporation v simbol - one employee fell inlove with co
not okay bc its only a mere fear that marid emplois working tgther
may be less efficient
Silverio v. Republic - he transexual, biolgicl sex change, melard to
melly wanted to alter BC but birth certificate is a historical record
Republic v. cagandahan - in his birth certificate he ws idnty a FM,
his condition congenital adrenal hyperplasia, no breast no mens period
change frm jenifr to jeff
MT vs JT- married couple who the wife ws transexual the husband stoped
giving suport bc they wend divorced thus following an action

go vs ca - video coverage

common-law marriages are not recognized

enriquez v. velez - the man refused to surender his so caled wife to the
sherif saying he has legal custody. but the same was given to brothers
and sisters as they were the next of kin bc marrige was not identified

mcclurg V terry - marriage in jest

cosca v. Palaypayon - absence of marriage license and paying judge for
the marriage fees also he did not sign marriage contract
alcantara vs alcantara-
madridejos v de leon -

hermosisima v. ca - a 36yo former hs Tichr and 10y younger formr student

they had sexual int in a cabin thus their child born but man marid another
woman
cuaderno v " - cohabitation is impossible??
Wassmer v velez - letter, necessary preparations

art 7 marriage may be solemnized by:...

Presumption of marriage

Perido v. Perido – perido married 2x after 1st wife died, after he &
2nd wife died; the child and 1st and 2nd marriage filed a case on
land. marig was presumed bc persons dwelling together
Balogbog v. Court of Appeals - 2 sons claim that they were the legitimate
children of balogbog and are entitled to 1/3 of estate, petitioners
denied, gavino died single since there was no record of their fathers
marriage in LCR but absence of marig cert doesnt make mrig invalid
Pugeda v. Trias - solemnizing oficer forgot to bring marige cert LCR
lived together for 18 years after the ceremony
vda de chua v. CA - Roberto chua died living property worth 5M, a
woman filed a petition claiming that she was the true wife now she
has to prove. but cant bc she doesnt have original marg certificate
sy vs CA - physical violence and marriage without marig cert.she then
filed for the declaration of absolute nullity of their marriage on
ground of phychological incap
presented a photostrat copy not approved in LCR
Trinidad vs CA - arturito claims to be the son of trinidad and is
entitled to 4 parcels of land but then the other party said he is not
bc no marriage took place due to absence of marriage certificate
baptismal cert or birth cert is enough
Rivera v IAC - their son cannot present marriage cert bc records were
burned during war but he can still rely on presumtion of marriage bc
his parents lived together for many years as husband and wife
vda de la rosa - louis campo and elisa delgado had 5 children one of
them is josefa who was married to guillermo they lived together for
50 years but had no children of their own. only adopted ones. when
they died luis delgado tried claming their intestate estate
people v ignacio - rosaria and ignacio heated argument died bc was
hit on the nape with a palo2.
PROOF TO ATTACK VALIDITY OF MARRIAGE
people vs janssen -
DECLARATORY RELIEF
republic vs orbecido - Orbecibo was married to an alien spouse who
divorced him he asked for a decla relief invoking prgrph 2 of art 26
of fam code if he could remarry.

Art 36 proving psychological incapacity

-is psychosomatic
can only be proven with external indecators
must be clearly alleged

Art 220 225 - rights of parents duties and obligations to children

failure of this is part of psychological incapacity

husband and wife are to live together

living adulterous life does not indicate psychological incap

norms used to comply with psychological incap shall be used in any

nationality

Art 41 judicial declaration of presumptive death

Art 42 recording of affidavit of reappearance in the civil registry

art 45 - a marriage may be annuled for any of the following causes, exis
1. that the party in whoes behalf it is sought to have the marriage anuled
2. that either party was of unsound mind
3. that the consent of either party was obtained by fraud, unless
4. that the consent of euther party force, intimidation and undue influence
5. that either party was physically incapable of conssumation
6. that either party was afflicted with a sexually transmissable disease

Art 46 - any of the following cercumstances shall constitute fraud referr

1. non disclosure of previous conviction by final judgment
2. concealment of the wife of the fact that the time of
3. concealment of sexually transmissable disease
4. concealment of drug addiction

no other missrepresentation or decite as to character, health, rank

art 55 - a petition for legal separation may be filed on any of the foll
1 repeated physical violence
2 physical violence or moral pressure to compel the petitioner to change
3 attempt of respondent to corrupt or induce the pretitioner prostitution
4 final judgment of sentencing respondent to imprisonment of more than 6
5 drug addiction
6 lesbianism
7 contracting by the respondent of a subsequent bigamous marriage
8 sexual infidelity or perversion
9 attempt of the respondent against the petitioners life
10 abandonment of the petitioner by the respondent without justifiable ca

for purposes of this article the term "child" shall include a child by
nature or by adoption.
Kung mag cohabit lang conjnugal partnership(co-ownership)
Absolute community - properties join together
conjugal partnership - only fruits from marriage are shared
complete separation - complete separation property

prenuptual agreement

phycological incapatcity
requisits gravity, jridical antecident, incurrable

PREJUDICIAL QUESTION
1 must be connecting
2 must be determinative to the guilt of the spouse

jose and marria

jose and maria upon marriage afflicted with std serious and
incurrable

70 spouses joinly responsible for the support of the family

71 managment of household shall be the right and duty of both spouses
72neglection of his/her duties to conjugal union
73 legitimate proffession about consent
Property relations
art 74 property relations btwn husbn and wife shall be gvrnd folwng:
(1)marig settlments executd bfr marig (2)by provisins of this code
(3) local custums

art 75
Absolute community - properties join together
conjugal partnership - only fruits from marriage are shared
complete separation - complete separation property

in the absence of mrg settlement or regim agreed upon is void, the system
of absolute community property shall establish (default) before it was
conjugal before aug 3 1988
---Kung mag cohabit lang wai mrg conjnugal partnership(co-ownership)
---marriage settlements must be governed by statute of frauds
statute of frauds - contracts must be executed in writing
---the same is uninforceable if there is no writing but still valid
76,77,78 & 79
76 modifications of marriage settlements must be made before the marriage
77 shall be in writing which shall not prejudice any 3rd person unless
they are registered in local civil registry
78 minor can also make marriage settlements proveded they have the
consent of persons designated in art 14 (was repealed) so di na need
79 ex mental incapacity guardian

80 in absence of mrg setlmnt

81 everything stipulated in the settlements or contracts including
the donations before the marriage shall be rendered void if the marriage
did not take place. however stipulations that are not dependent upon the
celebration of marriage shal remain valid (ex.recgnitn of paternity)
82 donations by reason of marriage are those made bfr celeb in considera
and favor of both future spouses.
Propter nuptias
83 these donations are goverened by the rules on ordinary donations
 established in art 3 of book 3 of ncc in so far as they.
ART. 127 statute of frauds but movables may be made orally or writing
and made ina public document;
in accepting, personal proprty if exceeds 5k acceptance shuld be
made in writnig othrwise its void. personal property should be in a
public instrument and authentic form

in new civil code 129 ruls are different implied acceptance is sufficent
bc its governed by the statute of frauds
84 if futur spouse agreed other than absolute community of property
they cant donate each other in their mrg settlements more than 1/5
of their present property. the same shall be goerened by provisions
on testamentary successions and the formalities of wills
exception is absolutw community
85 donations by reason of marriage of property subject to encumbrances
shall be valid.in case of foreclosure of the encumbeance and proprty..
encumbrance = a right interest or legal liability may diminish land value
foreclosure =

86 donation by reasn of mrg may be revoked by the donor in the flwn cses
87 every donation or grant of gratuitous advantage, direct or indirect,
between the spouses during the marriage shall be void, except moderate
gifts which the spouses may give each other on the occasion of any family
rejoicing. the prohibition shall also apply to persons living together as
husband and wife withouut a valid marriage

whatever net on the estate will be devided to heirs

art 98 neither spous will not donate to com property without consent
bec wife and husband are co-owners and to maitain harmony to marriage

ex. house of hope was actually a donation (wow fact by dean)

exemption if donation is moderate

ex. 5k-10k pesos for fund raising for typhoon victims
(sana all moderate ang 10k)

art 99 terminated by death by niether spouse

move on with his/her exclusive whatever is left to the decease spouse will
be distrebuted

decree of legal separation the comunity property is separated

if the husband for example is a drug addict then it is greatly pre judi
cial to the wife (not the end of marriage though)

when marriage is annuled

incase of judicial separation

ex husband and wife are big entreprenures

leaving without just cause for 3 months... these people shall have no
right to claim or ask for money.

consent to one spouse to any transaction

(summary proceeding)
if absence of spouse the present spouse cant sell the community property
still.. must have judicial authority. explain why com property needs to
be sold.
joint obligation
and
solidary obligation

art 101 the spouse without just cause abandons the other or fails to
comply

business without good managment will collaps

the following are conjugal partnership property

income of spouses are considered conjugal

natural fruit, industrial fruit and civil fruit

natural fruit ex bird carries seed then it grew
industrial intervention of man
civil is ??

hidden treasure, you own it but if a valid visitor of land finds it then
50-50 mo

fishing, live stock (old law. lmao)

aquired by chance is separate if lost. if win then conjugal partnership

(this is about gamling ^ )

contract of sale

installment mortgageor
when property is purchase for the conjugal property then

contract to sell

will not give full ownership of the car yet, they will lend the car to you
but not yet fully paid

no more reimbursment to the company but jose will have reimbursment

jose utang 5yrs to pay obsioma

3rd yr nagpakasal jose kang maria. continue bayad kang obsioma

motigation will go to conjugal partnership

kung naa nai asawa the principal will go to jose but the interest will
own conjugal partnership

120 the ownersip of improvement

land and house are separate properties subject to reimbursment daw
(check on this) value of the house is higher than the land will now be owned
by the conjugal partnership but the other spouse will get paid.

121 the onjugal partnership shall be liable for

sometimes there are expences that the other spouse will not get the conecnt
of the other.. as long as it benefits the family.

expences minor or major repairs

123 somthing indemnities, personal debt are not part of conjugal partnership

death terminates the conjugal P

art 127??
spouse leaves conjugal home without just cause shall have no right
to be supported

court orders are necessary

in the absence of sufficient conjugal property separate property

shall be liable

spouses will be solidarily liable

but ofc if the husband pays all this he can ask for reimbursment
kung siya ra ga pay wala ang wife kung separate property nila
gina bayad

upon separation... there has to be inventory, area location of the

property, cash in bank

in payments of personal debts

each spouse shall be reimbures if she/he used separate property

ex improvments on consturction of house to land

after paying all this expenexes the net profits will be devided

presumption legitimes refer to that part of the properties of the

spouses whish is reserve for compolsory heirs

upon the termination upon marriage of death

end of property relationship

extra judicaial partision

there should be an extra judicial settlement from the death of

spouse for 1 year... the properties must not be in his name
should be in heirs for economic purpose

mortgeor should be the owner of the property

separation of property

rules of evidence
the date were the taxes were paid
the date were

separation of property - each spouse to each his/her own

during marriage whatever income they erned or accuire are owned by them separately
not so much popular

judicial separation of property:

civil interdiction..?

jose judicially declared an absentee

spouse of petitioner abandoned the latter

should not prejudice rights.

141 spouses in the same proceedings filed a motion reviving the property of the
same
"reviving" the property regime

pag bumalik na ang spouse

when the spouse separated for a year resumed

in the absence of

Children born out of wedlock read..

Illegitimate children
legitimated children.. (at the time they were born hindi kasal ang parents but
decided to wedding)

children born inside marriage is legitimate

children born in parents livin but not married

finish the book..

art 147
live in without the benefits of marriage but not suffering any legal
impediments,

if one requisites of art 147 is absent art 148 will apply

art 148

jose live in petra na mai asawa

jose's income will go to conjugal community

if single then co ownership
if bigamous to which his own

time deposits kanya2 sila don

if there is no legal impediment then its presumed that its a conjugal effort

if the party acted in bad faith....

148 applies if its a bigamous marriage

art 149
the family is the foundation of a nation, to build a nation also needs to
protect the family union.. family relations are governed by law.
if the family wont work out that would be the most unfortunate thing esp for
the children. who will give parental care to them? cause disinchantment to
their children. partner is not a lothing where you can change from time to
time it must be strong, rock solid.

family relations include those the husband and the wife, parents and their
children. has to be openess and transparancy. should be loving each other.
ascendants and decendants you have to take care of them also..

art 152..153..
idealy there should be a family home.. mahirap if walang bahay or renting

priority should be able to buy a house

whether ligitimate or ilegitimate

154

159

160

163 the filiation of chilren maybe by nature or adoption..

born out of wedlock is illigitimate child
born inside is legitimate

legal adoption = must be legally adopted

art 164
artificial incimination = relative recent origin, first performed abroad

status of an AI children as a legitimate child provided that both of

them ratified said incinimation

the husband has physical incapacity to intercourse maybe he is sick or comma

or biological or scientific reasons

167 168

a child born before 180 is considered born provided it be born within 300 days
after terminaton of marriage
a child born 180 days after 180 even though it be born after 300 days
(review this)

illigitimate children

man and a woman living together with children no impediment

later they get married they can have their children be legitimate
by virtue of their marriage.

178 legitimation shall take place between subsequent marriage from parents

179 legitimated children shall have the same rights

statutory creation = legitimation

before the legitimation the laws shall be strictly followed in order for the
benifit and protection..

effects of litigimation retroacts to the childs birth.

181 the legitimation of children who died before the wedding/marriage

the benefits of that legitimation will go to the heirs of that deceased
child
read adoption and effect of parental authority
adoption gyud

183 a person of age and in possesion of full civil capacity and legal rights may
adopt, provided he is in a postion to support and care for his children,
legitimate or illegitimate ipn keeping with the means of the family.

good moral character and has not bin convictd of crime invlvng moral turpitude
only minrs can be adptd, except in cases when the adption of a persn is alwed
adopter must be 16 years older unless if the adopter is the biolgcl parent

184 follwing persons may not addopt:

1 guardian with respect to the ward
2 persons convicted of a crime invlving moral turpitd
3 an alien exp, formr filipipno citizen, one who seeks to adopt the legitimt
child of his or her filipino spouse, one who marid a fil cit and seeks to
adopt jointly his or her spouse a relative by consanguinity of the latter

185 husband and wife must jointly adopt except if

1 when one spouse seeks to adopt his own illegitimate child
2 " the legitimate child of the other

186 in case husband and wife jointly adopt or one spouse adopts the legitimate
child of the other, parental authority shall be excercised by the spouses

187 following may not be adopted

1 a person of legal age, unless he/she is a child of nature of the adopter or
his or her spouse, or, prior to the adoption, said person has been consistently
considered and treated by the adopter as his or her own child during minority
2 an alien whos government has no diplomatic relations to rep of phil
3 a person who has already been adopted unless such adoption has been revoked

188 the written consent of the following to the adoption shall be necessary:
1 the person adopted if 10 yrs or older
2 the parents by nature of the child, legal guardian or proper government inst
3 legitimate and adopted children
4 ilgitmate children, 10 yrs of age or over, of the adopting parent if
5 the spouse if any of the persom adopting or to be adopted

189 adoption shall have the following effects:

1 adopted shall deem to be a legitimate child of the adopters and both shall
aquire reciprocal rights and obligation arising from parent to child including
the right of the adopted to use the surname of the adopters
2 parental authority of the parents by nature of the adopted shall terminate
and be vested in the adopters, except if the adopter is the spouse of the parent
by nature of the adopted
3 the adopted shall remain an intestate heir of his parenats and other blood
relatives.

190 legal or intestate succession to the estate of the adopted shall be

governed by the following rules:

sec 19 grounds for recision

simulated birth

simulation shall not be punished provided the same is considered beneficial

to the child