INTRODUCTION To LAW ROLANDO A. SUAREZ tet Dina REX Book SturePhilippine Copyright 2018 by ROLANDO-#. SUAREZ ISBN 970-971.23-6493.8 NNo portion of this book may be copied or ‘reproduced in books, pamphlets, outinea of notes, wheter printed, mimeographed, typewritten, cop indifferent electronic doviesorin any othe ooes foe distribution orssle, without the written permisclom of {he authorized representative of the publisher exc brie pessagesin books, artists, eviews, logal papers, sand judicial or other official proceadings with pooper Staion ‘Any copy of thisbook without thecorresponding ‘number and the authorized signature of the authcr ‘on this page cither proceeds from an ilegitsnate ‘source ori in possession of one who haa uo extort to dispoce ofthe same. ALLRIGHTS RESERVED No, 2277 _ iting ioe i MUL $3", gers asec PREFACE ‘The continuing and overwhelming support of law students and professors throoghout the country inpires the author to agree ‘ach and every edition ofthis book, ‘his desire, coupled with the exhaustion of the coies of the last edition and the need for updated work eonsidering'new lave, ‘rovedures and jurisprudence eto the printing ofthis new eden, ‘The purpose of this bok, however, ix stil the same, and that ie to give a basic knowledgo toa boginne, and not to aadsie baw aie, lengthy discussion and explanation of eodel provisions ung care” ‘The author sill blioves that this would be more practical, effective, and more in line with the precise tito of this beak Ne ‘hopes that this modest work could be of help to anyone whe ence Grateful acknowledgement is due to all the members of my staff in my law Sra for all thoirsesiatance in the ecodeag sod proofreading of this book Paratiaque City, September 8, 2011, ROLANDO A. SUAREZ‘ACKNOWLEDGEMENT 1 acknowledge the assistance rendered by the members of my present staff, Rosalio M. Ramoran aod Shey Lyan E. Colte Tamm grateful to my daughter, Rhine Rizzn tf. Suarez, for hor valuable efforts and assttanco to me inthe printing, encoding aed arrangement ofthe final layout of the manuscrip, and to mi sos, Atty; Roland Rhoanel M. Suarez, alo for his own eontsibutlon in particular cases T have assigned fo him. also wish to thank the whole staf of Rex Printing Co, Ine. for helping me throughout the entire printing proce. Above all, Iam immensely gratel to God for ell the blessings, ‘guidance, and fortane that I have received and thoae stil Se saneDEDICATION ‘To my wife, Nora, and my children, Revel, Roland Rhone, Reina Rice and Rhina Riza; to my beloved and deceased parents, ‘Maroelo A. Suarez and Elena Arevalo Suarer, my firs teachers whe taught me the rudiments of writing and the value of hard works to ay thoughtful end loving aunt, Cornelia Arevalo Vd Dr Capul to iy kind and equally thoughtfal mother in-law, Niles Lautchae Via, De Menslese, who just passed oway; tomy deceused brother, and sisters, Buendegardo, Proserina, Evra, Manolo and Roda with whom Ihave shared the Blessings of a modest home and hart working parents; to all my former teachers who cared to enlighten ‘me with their knowledge; to my towntnatos und frond wi Share ‘ay thoughts and aspirations fra beltr society. and above all any dear God who is always generous to help me in any of my endeavors, 1 dedicate this hnmble workCONTENTS Chapter I — Law, Its Concept and Classification. Chapter Il — World's Legal System... Chupter II — Law and Its Application Chapter IV — The Legal Professou and the Qualifictions snd Procedure for ‘Admission tothe Prestice of Law. Chapter V_— Code of Professional Responsibility Chapter VI — Pereons ee (Chapter VI — Concept and Nature of Marrisge Chapter VII — The Family Chapter IX — Property. Chapter X— General Principles about Contracts ‘and Obligations Chapter XI — Spocial Contracts. Chapter XIE Chapter XIE ~ Tovts and Damages. (Chapter XIV ~ Political Law and the Cor ofthe Republic ofthe Philippines Chapter XV — Criminal LaW nnn (Chapter XVI — Remedial Law. (Chapter XVII — Lahor Law and Social Legislation, Saoceaton 2 37 46 49 oy 26 7 190 138 162 206 220 2612 "TRODUCTION TO LAW 8. Lats mun be ordained fr the common bene ‘his recgnize th tana etn na fal Bx Sipruna Ler” ~ th wells of phe CLASSIFICATION OF LAW Natonar, raw — (Pha! Yaw ~ Universe This lew derives ie | 9f Ain Gat governs ‘the force and ‘mathonty | eadict and’ movement af from God. It is supe- grist are non-free and ‘rior to other laws, It is —— lining to the whole | Morat Zaue ~ Set of ule whick ork in atl counteice | Seaca hat eh ed Td at eternal fa Shas Is wrong ae teal by {he human cnaconc and sa Inpired by teal tines Divine Law 4% Divine Positive Law, te, Ten Commandments ¥, Divine Human Positive Law, ie, Commandments of the Chueh, Public Lae 8% Constitutional Law — is the fundamental law of the land which defines the powers ofthe government. b. Administrative Law — thet law which fixes the organize don and determines the com petence of the sdministratine authorities end which regu lates the metheds by which ‘the functions of the govern. ‘ment are performed, POSITIVE LAW LAW, ITS CONCEPT AND CLASSIFICATION ‘© International Lato — body of rules which regulates the ‘community of nations. Private Law — Body of rules ‘which creates due, rights ‘and. obligetions, and the ‘moans endl methods of aet- ting courte in motion for the ‘enforcement of a right or ofa ‘redress of wrong. (Words and Phrases, Vol 24,337) a. Substantive Private Law hots ros which declare relations of ibgantes when the courts have been Droperly moved to action upon ‘acta duly presented to them, (24 Words and Phroses, 237) b, Procedural or Adjective Private Law ~ refers to the ‘means and methods of setting the cours in motion, making ‘the facts known to them and fectuating thei judgments SOURCES OF LAW Law is derived from diferent sou cs, namely: (1) legislation; (2) precedent; (8) custom: and (4) court decison, (a) LEGISLATION — Before the declaration of Martial Law in the Philippines on September 21, 1972, the power to legislate laws is vested in the Congress of dae Philippines which consists of the Senate and the House of Representatives. Upon th imposition of Martial Law and afer the dissolution ofthe old Congress, the Power to legislate law is vested inthe President ofthe Philippines. ‘This isthe reason chy the President sued presidental decrees and letters ofinstructions. When the Botass”;Pambensa was organized, legislative power is principally vested in this body although the President, under and by virtue of what is known as smendssent 1No.6, continued to issue decrees when the exigency ofthe situationChapter WORLD'S LEGAL SYSTEM ‘THE THREE PREVAILING LEGAL SYSTEMS ee ate nay legal aystems that have existed in diferent 2) The Asgease nae: The Mesopetamian Lop Sheng, The Roca Legal Sytem; (@) The Egyptian Lage Sacer The Peete Leta Syst (6) The Hbrew Lael Seas) mms aasatal Legal Sytem; (7) The Chinese Pag (8) The Maritime Legal System, Reece Lage! Sratem: (1) The Roman legal Sete OO) Maken Sten (18) The Jepancee Lag Sratem ce ig ae Mobemmedan Legel Sytem id systems, however, there are three legal systems sted infuence toour laws in the past several oostonns Wont ison Sera \VALUE AND IMPORTANCE OF ROMAN LAW Many law students often ask why Rowan Law was then {included inthe law curriculum aad why was «throu subject for many years New Ciil ode is basiily Raman in rg, Numerous asinediglpisigor sl anime aks eet Being ied odie by ew pron ent tents anees yy sioner in tht ndings It's wort oman eet ‘omen sme ofthe, tha 41. Tgnorantia legis non exeusat — ignorance of te law 2, Dura lex se lex — The law may be harsh, but iis sil the law, 3. Cessante ratione cestat ipsa lex — When ihe reason for the lw ceases, the law aloo reass to exist; 4. Sie utere tuo ut alienum non iaedtae — The owner of 4 hing cannot mako use Users in such « manor as to {injure the rights of third peroon (Art. 481, NCC, Patria potesta ~ Parental authority, Negotiorum geatio ~ Unauthorized management; ‘Res perit domino — The thing perishes withthe owner, ‘Jus possidendi — The right to possess; . Jus abutendi — The right to abuse, 10. Jus wtendlt ~The right to use; AL, Jus Fruendti — The right to the fruits, 12, Jus dinponendi ~ The right to dispose; 18, Jus vendicandi — The right to recover, 14. Nulla poena sine lege — Ther is no crime when there ‘sno law punishing ite “Raman Lat ea lonpr inn thors et the hor icks tht the ne coor cag {iene ene tea rien ad na ck. "uvmmooucTion ro Law 18, Salus populi ert supreme lex — The welfare of the People shall be the supreme laws 16. Caveat emptor ~ Duyers beware; 17. Solutio indebiti — Unjust ensichment; 18. Aadificum solo credit — The balding fllows the lands 12. Accewsorium siguitur principale ~ Land is rec, Principal; and Mt alway 20. Nullam tempus occurit regi — Time rins not eguinet ‘he sovereign Modem laws and concepts of persons and family relations, Pateral authority, marvage, divorce, exocabinage, leptieetae ERunloation, adoption, guardianship, propery, awison aileron Roman lg ertae i te noted for origi. These gf fama vl a il, arr and pecs Me ‘pe tadons of lew in acing cocoa onc eee POLITICAL HISTORY OF ROME (@) INTRODUCTION ‘The evolution of Roman Law is better understood and SPprocinted by asociating it with the politcal histor of Renee. found thirteen conturies from the founding of Rome, ton ace ‘hanges inthe goveramontas well asim the mode and the seen ae [WORLISLBOAE SysTER the people. Necessarily, each period has its own extent of political ‘and legal development "The importance of associating the politcal history of people vith ts lav was recognized by Gaius, « Roman jurist, when bead “Being about to take up an interpretation of our enciont statutes, | ‘have thought it essential that the law of the Roman people shosid ‘be traced from the foundation tho ety, not because {want to weite verbose commentaries, but beaase inal mtter, I pereuive a thing is complete aly when all parts are assembled, and surely the most important part of «thing is its begining." (Burdick, Priniples of Roman Law and Their Relation to Modern Lew, p. 87) (©) THREE PERIODS OF ROME'S POLTTICAL, HIs- ‘TORY Romanpolitica history isdivided nto three periods: Monarchy (753-509 B.C.) Republic 500-31 B.C.) and the Empire (31 BC. 1455. AD.) ‘The first period start fom the eel times to the abolition of the kingship, The second period starts from the abolition of the ‘monarchy tothe unification of aly. The thin period ia marked by the breakdown of th old ropullien form and is characteraed $y fierce political strife 1) Monarchy (758-509 B.C.) Romulus, fom whom the name of the ety was derived, is the founder of Rome. Ta Kings who immediately succeded him are Nama Pompias Tllus Hosts and Ancus Manitus ‘Numa Pompilius was doseribed asa wise ad pious ruler and is ‘known to have established the Roman religion and the adding of two months to tho tensnonth calendar. During the rege of Tallas Hostilus, the Romans conquered Alba Longa, the religious center of the Latin people. Under Ancus Merits, numberof troublesome Lelin cities were conquered and thei Inhabitants were brought to Rome. Shorey before 300 B.C, Rome sas conquered by Etruscan princess from uers the Tier. Tarquiaus Priseus (618 B.C), the frst of the Btruscan kings, drained the clty’s marshes and ‘mvroved the Forum, whieh was the commercial and police comer of the town. He earriod on ataay ware with many neighboring people.nemopucTiON ToLAW ‘nder Savin Tula, th tcond Etruscan bing, reaty vs made withthe Lai hie wich scbseeinent see ‘the head of all Italy. hem Brutus at about 09 B.C. Asaresult, the Etruscane weve from the city and the rest of the Latiui, and Rome becnne Republi (b2) Republic 509.81 B.C.) In this period, constant warfare and conquest prevailed. ‘he rein of government was in the hands of the aistorane citizens called patricians. At first, the plebiany (eomen {itizena) had ite todo with the administration ef goveromeces Gredually, however, they removed the barrier batweoy tog ‘ue to their continuing demands for refrms, Inthe eaty days of the Republi the ring power wae Alvde between wo patrician magiteie cated one a ‘They were called consuls whi were chown by ap cma called Comitia Contarita. It wee, fade up ae, ‘spportone in such s way thatthe von of the patterns counted mare than the votes of the petians Te a, any act of auy magistrate which was unjust to any toon The plbina continued to grin other rights and an seumbly of ter own called conclu phe, we They appointed en aancominien called Doreen {tablets in 450 BC. In 445 B.C, the plebisns wns the sak, ‘marry patrcians by virtue of Lex Cenuleia, Sometime in 367 B.C, Liensian laws aro passed which revised debt lava, limited holdings 300 ares of land, and compelled the large Isndowners to employ a certain proportion af the laborers. In 260 B.C, the plebiane wera admitted to the 8. | CONSTRUCTION BY THE BAR AND LEGAL COM: MENTATORS ~ It is presumed that the meaning pully gen 8 statute by the members ofthe logel profeson is trae one aad regarded as one that should not be lightly changed (50 an Jon ‘p.912) The opinion and eammessries of text writers sa lege, ‘smmentators, whether they ae Filipinos a forsignrs, ey tase ‘amulted a, in fat, they aro etentimes cited or made ce efrences Im cour decisions, ‘SIMPLIFICATION OF THE RULE REGARDING THE USE OF EXTRIN. SiC AIDS Bxtrinsie ids, euch as those mentioned above, ar enti! wo ‘espoct, cansideration and weight but the cours re at Liberty to decide whether they are nypicable or ot tothe case brought vot {or decision.Chapter Iv THE LEGAL PROFESSION AND THE QUALIFICATIONS AND PROCEDURE FOR ADMISSION TO THE PRACTICE OF LAW {QUALIFICATION FOR ADMISSION TO THE PRACTICE OF LAW ‘There are two bic requirements that shoul be complied with before person can engage inthe practic of lew. FIRST REQUIREMENT (Before Admission tothe Bar) He should frst bo admittad to tho bar. This requirement is complished by complying withthe following requirements (See. 2 lnrelation to Secs 8, ane 14, Rule 138, ROC) 8. Citizenship — He must be a citizen ofthe Philippines; ‘Age ~ Tle must at least be twenty-one (23) years of age; Resldence — He must be a resident of the Philipines; Education Qnalifcation per 41 He mast have completed a fouryear high school course which i prerequisite toa bachelor's degree Inare or eclences, 42 He must have completad a bachelor’s desree with any af the following subjecte as major or Beld af 42.1. Polteal Science 422 Logie 423 Bnglieh 424 Spanish st Eon, porns aN oe goaucaions 425 History 426 Beonomicn 43. He most have completed a Bachelor of Lawe degree ‘mala schol oruniverity approved acd recognized by the Secretary of Education. © Moral and other Qualifications — He must be of ond moral character, and that no charges against him, involving ‘oral turpitude have been fod or are pending in any cout in the Philippines. {Bar Examinations — Ho muct pate the Ber Examin- £1 In order that a candidate may Ye deemed to have passed his examinations muemefuly, he must heve obtained a general average of 75 in any subject Tn separate cases, the Supreme Court made the fllowing ‘Tan vs, Sabandal, BML No. 44 Bequia vs. Sabandal, SBC 66, Feb. 24, 1992 Melonolo-Herrera, J “The practice of le: isnot matter of righ. It is @ privilege bestowed upon individuals who are no! learned in the law ut we tre also known to possess good enol characte.” eS eesLogarda vs. Court of Appeals GHLNo. 94457, June 10,1982 ‘En Banc, Per Curiam “Lawyers are indispensable part ofthe whole system of wdmi- string Justice in tha jurisdiction. Ata time whan strong and Alatrbing criticisms aro being hurled atthe lgal profesion, strict ‘compliance with one's cath of oflo and Une Conons of Proescianal Bie is imperative” “Lavryers shouldbe fair, honet, respectable, above suspicion snd beyond reproach in dealing with thir cints. The profession is not synanymous with an ordinary business profession. Iisa matter ‘of publ interest” PRACTICE OF LAW IS A PROFESSION AND NOT A BUSINESS Law avoctcy isnt capital that yields profit, The rturnait ivesbirth toare simple rewards fre done orservice rendered. tie ‘allng that unlike mercantile parts which enloya greater desl freedom from government interferency, is impresed with public fnterest, for which itis subject to State regulation (Metropolitan ‘Bank ond Trust Company ut. Court of Appeals, GR. Noe. 8810003, “Ton, 23, 190, Second Division, Regalado, J.) Membership in the legal profiasion is achieved cay after a lng and Inborius study. By sears of patiencs, real and ability, the attorney eoquires « xed mean of eupport fr himeelf and his family. This is not to say, however, that the emphasis is on the pecuniary value of this pofeesion but rathoron the soil prestige Spd intalecual standing nocescerily arising ftom and attached to the same person of the fact that everyane le deemed an officer of the court. (Conrad vs. Navarro, Adm Case No. 2085; Ortigas ve ‘Navarro, Adm. Cose No. 2148, May 3, 1980, Bn Banc, Per Curiam) On the one hand, the profession of an atiomey is of great Importance to za individual and the prosperity of his life may spend on its exarise. The right wo exerene tought sot tobe ight tor ssprciosly taken from him. On the other hand, ie extremely Alearable that che respectability of the Bar should be maintained fend that its harmony with the Bench should be preserved. For these objets, some controlling power, some moderation, and judgment, ‘ust be exerdised. Conrad "> Navarro, anra, Orgae vs. favaro, supra) “WE LH, ORESION AND Tu QUALAFICATIONS ‘THE DUTIES OF A LAWYER "The lawyer has the flowing duties: 1. Tomaintain allagiane tothe Republic ofthe Philippines nd toeupport the Contitetion and obay the lnws ofthe Philipines 2, To chserve and maintain the respect dus to the courts of sustioe and Jada ofors 8. To counsel or maintain tach actions or proceedings only as appear to him tobe just, and such defense only as he believes bbe oneatlydebetable under te law; 4 To employ, for the purpote of meintaning the extsoe confided to him, such means oaly es are consistent wth truth and hover, sd never eeck to mislead the judge or any judicial oficer by a aries or fale statement of eto law, ‘5. ‘To maintain inviolate the confidence, and at every peril ta himael, to procarve the oerets of his len, and to aeropt mo ‘compensation im connection with his elias businese except am, ‘him or with hir knowledge and sppcoval: 6. To abetain fom all offensive personality and to advance 0 fact prea tothe honor or reputation afm party or witness, ‘nlensrequlzed by the jtion ofthe onze with which hee charged ‘1. Not to encourage either the commencement or the continuance ofan ation or proseding, or delay any man's cause, fom any corapt motive or interest; 8. Neverto rset, for any considaration porsonal to himself, the cate of the defenseless or oppreied and 9, Inthe defonse ofa pernon accused ofa erzne, hy all air and honorable means, gardens af his personal opinion as ta the irulltof the accused, to present every defense Ut the aw permis to {he end that no prson may be deprived of if or liberty, but by due proces of. LAWYER'S COMPENSATION An attorney shall be enliled to have and rcover from hia lent ‘ot more than a reasonable compenaelion fer hi serves, ith & ‘iow of to importance of the subject mater ofthe controversy, the ‘ont of te tryin rendre, andthe professional standing ofthe Sttomey. No court aiall be t3und by the opinion of attorneys as(®) Toe Suprome Court, m order t further the State logitimeso intrest i eevating the quality of professional service, ‘may require that tho cot of proving the profession i this fash bbe shared by the subjecte and beneliaris ofthe regularity program ~ the lawyers. () And because itis « new regulation in exchange for new bonis, it snot retroactive, its wot une, it snot unfit (a re Integration ofthe Bar ofthe Philippines, 28 SCRA 22-281, 1973; In redllion, A.M. No. 2928, August 8, 1978) Chapter V CODE OF PROFESSIONAL RESPONSIBILITY ‘BACKGROUND In 1917, the Philippine Bar Association edopted Canons 10 82 tho Canons of Profesional Ethin ofthe Ameriean Bar Association. Jn 1946, it adoptod Canons 83 to 47 of tho Canon of Profesional Ethics of the American Bar Association. These Canons served as the ethical rule tht were fllowod and enforced by the ear, and ‘which were cbuerved an guiing principle ofthe iswyers, the courts, {he Bar, and the pubic to ensure that due respect ia gven to lew In 1980, the Integrated Bar of the Philipines adoptad Code of Professional Responsibility. It was submited Intar to the Supreme Gourt for approval. Oa June 21,1968, the Supreme Court ‘promulgated the Code of Professional Responsility. THE CODE OF PROFESSIONAL RESPONSIBILTY 1S SINDING UPON ALL LAWYERS "The Code has twenty-two (22) Canons, thus Canon 1 A lawyer shall uphald the constution, obey ‘he laws of the land and promote reepet or Jaw and for legal procesces Canon 2 — Alawyer shall make hislgal service available ‘nan efficient and eouvenlent “manner sompatible with the independence, integrity tnd effectiveness ofthe profession. Canon3 ~ A lawyer in making known his gal services shall use only tre, honest, fair, dignified end objective information or rstement of factsCanon 4 Canon 5 Canon 6 Canon 7 Canon 8 Canon 9 Canon 10 Canon tt Canon 12 Canon 13 Canon 14 ‘A lnwyor shall participate inthe improvement ‘ofthe legal system by iitatng or supporting ‘forts inlaw reform and in the iaprovemect of the administration of justice Alawye shall oop abreast of legal develop- ments, participate in continuing legal duce ‘ion programs, support etorta to achieve high standards in lw echoola as well inthe prac. tical training flaw students and asit indi sorinating inrmation regarding the law and ‘Mrapradence, ‘These canons shall appl to lawyers in govern- iment service in the discharge of their ofa ‘ack. ‘Alawyer shall tall times uphold te integrity land dignity ofthe legal profession and eupport ‘the activities ofthe integrated ba. A lawyer shall conduct himself with courtery, faimess and candor toward his professional colleagues, and shall avoid haressing tactice against opposing counsel. A lawyer shall not, direct o indirectly assist ir the unauthorized practice of law. ‘A lower ces candor, faimess and good faith to the court. ‘A lawyer shall cbicrve and maintain the respect du tothe courts and io udicial office tnd should init on similar conduct by others. A lawyer shall exert every efor and consider lhe duty wo assist inthe speedy and eftont administration of justice, ‘A lawyer shall rely upon the merits of hus ‘muse and refrain from any impropriety which fends to influence, or gives the appearance of Influencing the court ‘A lawyer shal! not refuse his services to the Canon 15 — A lawyer thal obscrve anor, fienoes nd loyalty in ‘ll his delinge and transactions swith hls elon. Canon 16 — A lawyer shal hol in trust all moseye and properties of his cient that may come ita is oatesson Canon 17 ~ A lawyer owes fidelity to the cause of his lint and be shall be mindful ef the teu and ‘confidence reposed inh, ~ Allawyer shal sore his lent with competence snd diligence, Canon 19 — A lawyer shall represent his cont with sea! ‘within the bounds ofthe law, Canon 20 ~ A lawyer shall charge only fait and reasonable fee Canon 21 — A lawyor shall preserve the confidences and secrets of his ellont ven aftr the ettomey- lint relation is erminated Canon 22 — A lawyer shall withdraw his services only for ‘00d cause and upon note appropriate in the dreunstance, GOOD MORAL CHARACTER 18 THE CORNERSTONE OF THE ‘CODE OF PROFSSIONAL RESPONSIBILITY PABIS: 1, Rule 188, Section 2, Revised Rules of Court 2 Cenon 1, Rale LoL ‘They provide as follows: Rulo 138, Se. 2 “Section 2. Requirements forall applicant for edmission to the Bar. ~ very applicant for admission ab @ mater ot ‘he bar must bo citizen of the Philipines, atlas tnentgg (2 yoars of age, of geod moral chavacer. and a raids of the Philippines, and must produce before the Supeeme Cours ‘satisfactory evidence of good moral character and that nocharges aguinst hm, invelving moral turpitude, have bean ‘led or are ponding in any court inthe Pillpines (Canoe 1, Ralo 1.0% "Canon 1. A lawyor shall uphold the constitution, obey ‘the laws ofthe land and promote respect fo law and for legal processes” “Rule 1.01. A lawyer shall not engage in unlawful, Aishoneet, immoral or does cond. ‘TO GIVE TEETH TO RULE 158, THE REVISED RULES OF COURT PROVIDES THE FOLLOWING IN RULE 138, SECTION 27, THUS: Section 27. Attorneys removed or suspended by Supreme Court on what grounds. ~ A ember ofthe bar may bo removed oF ‘uspended from his ofico a atorney by the Supreme Coort fr any deceit, malpractice, or eter gross misconduct in such ofc, groely {immoral eondet or by reason of his conviction ofa rma involving ‘oral turpitude, r fr any vslation ofthe oath which hei required to take before the admission to practice, o for wif disobedience of any lawful order ofa superior cout, o for eorrupty or wilfully appearing as an attorney fr party to a ease without authority to ‘doe, The practice of eating easoe nt nw for the purpose of xin, ‘ther perwoally or through paid agents or brokers: constitutes malpractice, GOOD MORAL CHARACTER IS NOT ONLY A REQUISITE TO [ADMISSION TO THE PRACTICE OF LAW, BUT IT IS ALSO A ‘CONTINUING CONDITION TO REMAIN ASA MEMBER OF THE LEGAL PROFESSION tis continuing requisite and condition for alewyerto remain 25. momber of the lag profseion for thy are always requird to ‘smnform to the higher standards of morality. Ae anytian, or when ‘ lewyescommita mrongdoing which indicates the moral unftnest {fer the profession, whether i be profesional or non-proxsiocal, justifies disciplinary action. Bmido Grande ws. Atty. Bvongene De Silea, A.C: No, 4838, July 28,2005) Ja BM. No. 164, June 8, 2004, entitled “In the matter of, ‘the Disqualication of Bar Examince Haron 8. Meling inthe 2002 Bar Exauninstions and for Disciplinary Action at a member of the PPhilippino Shar’ Bar,” the Supreme Court said Practice of law is not a right, but a privilege bestowed upon individuals who are not only icarmad in the et, bat who ‘crealey known to possess good moral character: Respondent’ ‘concealment speaks of his lack of good moral, character and ‘enults in the forfelture ofthe privilege Bestotved om him aa ‘member ofthe Sharia Bar. — Practice oflam, whether under he ‘agular or the Sharfa Court, snot eater of right bat merely 9 ecuirement ofgoed moral characte not nly cond precadent to adssission to tho practise of law, its contiaued pesoaion i also fer remaining nthe practice of lew. ‘The standard frm fue in connection with the application {p take’ 2009 Bar Peaminatione requires tho apace fo aver that ho or she “has not been charged with any actor mation Punishbe by lay ra or epulation ofr a fiscal je fs fr administrative body, or Indeed fn oF aaceed or taviced By aay curt or tun fy tle eine invlag mara terpitde; nora there ony ponding ease Chane pean ae Despite the decoration eure hy tho fran, Malin i ot revel Ut he he tres) pending erin cate Hisdlverae lanca cenwututes concealment, done under cath at that (In he Mater of ‘he Dingualficatin of Bar Esamince Helin 8: Ming, BA Ne, 1158 June 8 2000) ‘The sclosurerequirementisimposedhy the Court determine ether there is satisfactory evidenee of good mcr character of the applicant, The nature of whatever easee are pending against the applicant would ad the Court fm determining whether hr is endowed with the moral ftnees demanded a lamyer By eoorling the existence of ach cases, the applicant then funks Uso tet of ‘ilnass even if the cases are ultimately proven to he sawerranted x uct to inpag oat! te god maa hare of he Molings concealment of the fact that thore are three (3) ‘ending criminal eabes aginst him apeks of his lack ofthe requisite ood morel cheracler and resulta in the frfeitre othe priloge ‘bestowed upon him aa.a member of Shara Bor ‘THE REQUIREMENT OF GOOD MORAL CHARACTER WAS THREE (G) OSTENSIBLE PURPOSES "These parponse are 1. To protact che public,2. Toprotact the public mage oflawyers; and ‘To protect prospective clients (Dantes us. Dantes, AC. 585, Sept. 22,2004) \WHAT Is THE CONCEPT OF GOOD MORAL CHARACTER? ‘There ano exact definition ofthe term “good moral character” ‘thas been held that moral character what a person realy, a8 Aitinguished from good reputation or from the opinion generally fntertined af him, the estimate in which hein eld be the public Inthe place where h is known. Moral character ie not a euhjeative {arm but oe which cneresponds to abjective realty. The standard of ‘personal nd profesional intagrity i not etited by euch conde ‘ts merely entities the peron to escape the ponalty af eiminal lav. Good character ined t Teart common humility. (Rapong ve. Oblema, 7 SCRA 859), ‘The raqurement of god character ia of much resto import, ‘a far aa the general public is concermod, than the pococsion of ‘the legal learning. Lemyers are exported 20 able by the tnets of ‘morally, not only upon admission tothe Bar but also hraughout ‘thet legal creer, in order to maintain one's good standing is that ‘exclusive and honored fraternity. Good moral characteris more than {ust the sbeonce of bad character. Such character expres iaelt ‘the will todo the unplessant thing if ti right, and the resolve not tadathe pleasent thing itis wrong. Ths must be no because "ast ‘Interest are committed to his care; he isthe reipient of unbounded trust and confidence; he deals with the cient’ property, reptaion, ‘ef, hal." (Cordon ve, Balianua, A.C. No 2797, Oct, 2002), DISEARMENT AND DISCIPLINE OF ATTORNEYS; HOW IS THIS CONSTITUTED? SECTION (RULE 139-8) — Proceedings forthe disbarment, suspension o discipline of attorneys may be taken bythe Supreme CGoare motu propre, or by the Integrated Bar of the Philppines OBP) upon the verified complaint of any person. ‘The complaint ‘hal state eer and coniely th fct- complained of and shall be Supported by alidavits of persons having personal knowleage ofthe facts therein alleged andlor by such documents as may eubetentate sid fact ‘The IBP Poard u. Goveruors may, motu propsio e- won ‘formal by the Supreme Court oF by a Chapter Board of Ofer, or (CODE oF PROFESSIONAL AESPONSIBIITY “ st the instance of any person, initiate and prosecute proper charges ‘guinat ving uttoaeys inctangthoee a the goverment serv Six (6 copies of the verde complaint shal be fled withthe Secretary ony ofitschapter who shall frthwith renemit heme to the IBF Board of Governors fr ansignnent oan investigator LEOPOLDO V. CREDITO, EF AL. ve. ‘ATTY. SALVADOR T, SABI Oct 19, 2008 Facts: ‘The labor arbiter ordered th reinstatement of the employee! laborers of Binalbogan Isabela Sugar Company (scom) sad ‘warded to them the amount ofP678,138.38 as tll backwages, ‘The NLRC revered the suid decison which prompted the camplainants, led by Credo, to ask Aly. Salvador: Sabi, Sle a petition fr certiorari with the Suprnse Court. Complainants collected amounts from members ranging fro P30 ta PLOD each Aefray the expences in fling the petitions However, the Court demssd the potion ow Mare 9,192 fetter st tg es a rn ‘euiedertieton guna foram hoping Rependet sop ‘did not tell petitioners of the dismissal for three (3) years. = Complainants sought the disbarment ef respondent for negligence of duties. The matter was rerred to the TBP, which inielly found respondent guilty of simple neghgerse and egal and unjust actuation as practicing lawyer fr which the penal of 2year suspension was recommended, The ISP Hoard of Dre reduced the penalty tom “warning” that a ein ar offnse in the future would be dealt with more every. HELD: 1. Canon 1 of te Coto of Pfeil Hespenai roves that inners ome Sci fo te ene ef et aloes ind ust therfre be vay minal ft was sad dee {pote in them. Under Canon 1, they aro male sane tine {Senta with eompetens and igen Spt they arse “ong! gal mater nto the ad toe ages te Conectin‘herwih tal rnd able Saas they ar eid to ky thr hots normed a theeselati’ eaea and to reapand within a reanonahe ton to request {br information Even before jainng the Ber, lawyers subecriba 1 ‘an oath to conduet themselves “with all good Sdaity as wel tothe ‘courts a to Uelrlents.” 2 The dismissal of complainants’ petition before the Supreme Court was due to the fallure of respondent t pay the ‘tal revised dockat and other logal fect ae wal as to attach the requir certification on fore shopping. He attempted to rectify those procedural lapses by fling m Moti for Reconsideration Nonetholoe,thare fs no donying th fact that ho overiouke procedural roqurements that a normally prudent practitioner could fd should not have left unattended, especially when tho “ights fovght to be protected mere those ofthe underprivileged like the present complainants 3. Lawyers engaged to eprecont clients in a engo bes reapooability of protecting th latter's interest with warmth, ze {ibd utmost dligence. Thoy must constantly keop in mind that ther ‘clions or emissions would be binding a the cents, 4, In Garcia ve. Aty. Manuel, bod fith was ascribed to 8 lawyer fo fling to inform the client of the stats of a cage In view oftheir highly fduciary relationship wit their counsel cients have ‘every reason to expect from the former periodic and full updates on ese dovelopments, pisposmon: Atty. Sabio was found gully of violating Canons 17 and 18 ofthe Canons of Profeweional Responsibility and for which he was | SUSPENDED from the practic of aw for on (1) year elective upon receipt of decison, with starn warning that cnilar atsin ho future wil be dealt with more soverly Chapter vi PERSONS CONCEPT OF APERSON Jn Ramen law, a person is ons who is expable to exercise ownership ond legal rights and to incur and contact obligations ‘Under thie omcopt a slaveie not conadered person he being merely ‘regarded then ass chattel « thing tht canbe sl or dissed of ‘the discretion of the master. Hence, a lave doesnot have Ue legal ‘apacity to exareise ownership and to incur andcontrect obligations ‘The old and the new Conattatons of the Philippines, on the other hand, guarantos qual protection ofthe lawe and tie ‘means that no persons or cass ef pera, whether rch o por end regards of his religious belief and palin persuasion, shall be desied the same protection ofthe laws which i enjoyed by other peteons or other clases of persans in the asme place and in Ice ‘rcumstances. Special favor or privilege for any individual or clase is prohibited. (S301, Art. 1, 1987 Conttution) ‘Under the New Civil Code, « parson may be @ natural or juridical person. A natural peron rere toa human blag and & Juridical person refers to uxy ofthe follwing. (1) The state and its political subdivision @ Other corporations, institutions and entities for public interest or parpoes, created by law, (8) Corporations, partnerships and associations for private intrest oF purpots to which the law geente jriical personality, wparate and distinct fom that of cach ‘harsholé, partner or mente. (Art #4, NC) cAPACITY 1s Roman aw, egal capaci refered toa ull prop capacity. Te hae this kind of expe ssn bite muse be re,citizen and a eu juris, The capacity alrondy acquired and being ‘nipyed may be lst or diminished. Tha degre of dination fans ‘Under the New Civil Code, a person as fll or complete evil capacity if be hus juvdial capacity and capacity to act. Juridical ‘pacity isthe fitness tobe the subject of eal relations, Capcity to ‘cts tho power to do acts with legal effect ‘Artile 37 of tho New Civil Cade provides a flows: “uridical capacity, which ie the fnses to be the suject of legal relations, is inherent in every natural person and is lot ony through death. Capacity to ac, tohich isthe power to do act with legal effect a acquired fond may be lost Capacity to ot, ne jr capacity, may be reece Lied Tho Terricons are thowetestoned im Artie 98 ofthe ‘New Gol Code tt cope: MIgPC 1M — Minority 1 = tosenty S = State ofeing deatomute P — Prodigaity © ~ civil interdiction Cis interdiction chal deprive tho fender daring the tin of tus sentence ofthe rights of prenalsathory, or guardanlip, citer tate pironrropey ay wart ot ‘ofthe rightto manage is property and ofthe ight to dapace a propery by any actor any conweyane ner otc. (Art 3, RP) -Arsile 98 ofthe Now Civil Code spesks of restrictions on opacity t act, while Arie 39 speaks of circumstances whieh ‘modify or limit capacity to ac. Said erile provide a allows: “Art $8. iors, im'y or imbeclity, the state ofbeinga dea wut, prodgalty and evil intareton are tnere restricuonson capacity tact, and donotexempt the fcepactated pereon from certain obligations, a2 when the later are from hie aaa or "2m property rlatisnc sch as easement “Are 9. The flowing circumstances, among oth ‘9, modify or limit eapacty to aet age, sanity, and Imbeciity, the state of being deatmute, penalty pod ality, family relations, clienage, absene, insolvency and trustoeship. The eomsequences ofthese ecumstane- fs are governed in this Code, other codes the Rules of Cour, and in special ews. Capacity tose isnt limatad on account of religios elie o politcal opinion” “A marriod woman, ‘wenty-one sears of age or ‘over is quilted for all sets of ci lie except in eases ‘specified bylaw.” WHEN DOES THE PERSONALITY OF ANATURALPERSON BEGIN? Personality of a natural person begins at conception (nat at ‘birth provided that birth should oscur Inter. This ison the esi of ‘Article 40 ofthe New Civil Code which provides illows “Art. 40. Birth determines personality but the ‘umecived child shall be considered born for ll purposes that are favorable ot, provided tbe boen eter wi he candtions specified inthe flowing ariie”™ WHEN DOES THE PERSONALITY OF A PRIVATE CORPORATIONS (PRIVATE JURIDICAL PERSON) BEGIN? 1 bogins trum the momsat © certificate of incorporation is ranted to it by ho Securities and Exchange Commision. Prom this moment, it has a personaly separate and distinct fom Rt stockholders WHEN IS A FETUS CONSIDERED BORN? Article 41 snswors this question. It says: “For civil purposes, he fetus is consiored bora fiir live a the ie it is eomplealy delivered from the mothers womb, How're ifthe flit bad a Intrauterine lit of es than seven mont, emit doomed bare i ites within twen'y-Srar hours after bis complete livery from Sie maternal wom,” Under Articles 40 and 41 therefore, conerved child can bo m recipient of donation provided itt favorable wo hie The metus that ifthe donation i urdansune toe cmened ch, the donation isnot considered validNOTE: o ® feed an inta-trine life of las than seren onthe thchld asta ved win ent fur 20 our aris compete delivery fom is mataral wom (Cant etn, ti) 1 he fetus ha on inte rion fant sven anh ts consdered toefitilve afr sane sven om the mother womb. Chapter Vit CONCEPT AND NATURE OF MARRIAGE conczPr ‘Theconcep of marriage both in Romanlaw end inthe New Civil (Code are fandamentally the came. It i regarded an permanent §union ofa man and a woman [tis only in thst sone that concept is similar fr while the Roman rogard marriage ane union of mae and a woman is s ifslong consertium. the New Civil Code came lout with a more strict and conservative cauept and defeat of ‘marriage, Sil later, the New Family Cade amend this defen, DEFINITION OF MARRIAGE ‘REQUISITES OF A VALID MARRIAGE “Article 62, New Cieik Code “Article I, New Family Code Marriage is not a mere contract but an @ ‘Marriage ie a special contract, of permanent union, between + mc and a icoman entered into in ‘ocordarce with aw for the ertab- Hshment of conjugal and family {fe It isthe foundation ofthe fam. ty and an tnototable social inatt tution whose nature, coneequence, land incidents are governed by le ‘and not subject to eipalation, ex ‘cept that marriage wetilements ‘may fix the property relations dur ing the marriage within the mits | proclded by this Code. (S20)‘Articlos 2 and 8, Now Family Code ‘A7L.63.Nomarziageshall | Art 2. No marriage shall be solemaized unless all these | bo vali, unless those naental requisites are complid with: | equate are present 1. Lage capacity ofthe con- | 1, Legal capacity of the com ‘acting parton; ‘acting partce who must ‘boa male ands fomale;and 2 Their consout, ely given; 2 Consent freely given in the 3. Authority of tho person | ® OF “hit Article 58, New Civil Code presence ofthe solenunizing Performing the mersces | Face ae a Ax. 8. The formal reat 4 A marrige eens, exert | sing VE Seree Rema ‘namarragootexceptional character. Sec ta, Art.| 1. Authority of the S619) telemnizing offcor, 2 A valid marvinge teense excep inthe case provided {orn Chapter of tia Tie, and presence of not leat than {Gro witneces of legal age (6, 550) Hence, unlike an ordinary contract, the parties, both under the Now Civil Coas and the Family Code, cannot just terminate their marriage as they wish, for the consequence and incidents of ‘marrige are governed by law. Notaries Publiewho draw or execute documents destroying the involability of marriage are subject to iplnary seta, UNDER ARTICLES 2 AND 3 OF THE NEW FAMRY CODE ESSENTIAL REQUISITES “Art. 2. No marriage shal. be vali, unless these ssenlial requisite ae presents, ) Legal capacity of the contracting porte who ‘must be maleand a female Consent freely given in the presence of the solemnising ofc” (Underscoring supp) FORMAL REQUISITES "Art. 3. The formal requisite of mariage ae: (1) Authority ofthe solemniing offer; (2) A valid marriage linge except in the saser rovided for in Chapter 2 ofthis Tes and @) A marrioge ceremony which takes place with ‘he appearance of the contracting parties before the sa tmnizing ofcer and their personal declaration that they tae eachother as husbancl and wifein the presence of ak eas than tivo witness of liga age (830,950) (iden. storing supplied) ESSENTIAL REQUISITES ‘The absence of any of Une eid eesentil requisites renders the ‘untract of marrage void cb initio except as may he prvded we Section 85(2) ofthe Family Code, Hence, ie required that (The contracting partie must bea men and ¢ man who should have the legal capacity to enter into aeotrat of warsans ‘his means tat both of thom must at lest be 18 years of age ae that they are not legally pobiited frm marying (2) Both of them must give cmeent tothe marviaee. Tether ‘ansent, not the consent of the parents tha is refered te Astle a0.FORMAL REQUISITES [ABSENCE OF LEGAL AUTHORITY OF THE SOLEMNIZING OFF! CER TO SOLEMNIZE MARRIAGE [ABSENCE OF MARRIAGE LICENSE Renders the marrage void except when the marriage is contractd with either or both parties believing in good fath at ‘the time af the marriage thatthe wlemniring offer had the legal authority do 20 RENDERS THE MARRIAGE VOID ‘A marriage coremony must publicly take piace under sad conditions but the marriage ceremony may be eoleaized elaewhere {ithe Salling caen: 1 In caso of marriages contract at the point of death (artiulo morte: 2 Incase of marieges in remote places: or In ease both partes request the eolemnizing ofcer in ‘writing to that eet. (Art. 8. PO) EFFECTSOF THE FOLLOWING: 1. Abenee of any of essential or fora raqusites 2 Defects in any of the essential requisites: and 3. regularity inthe formal resister REQUIREMENTS IF ANY OR BOTH OF THE CONTRACTING PARTIES ARE BETWEEN 16 AND 21 YEARS OLD AND IF ANY OR [BOTH ARE NOT EMANCIPATED BY MARRIAGE ‘Abscnce of Any of | Defocs im Any wy ta the he Esentistor | ofthe Raventia | Hreeslari Formal Requisves | " equsiias | Forma! Regisiter TW all render che| Testa andar] i chll aa alte the sarringe rsd a inno | she marrage vid | rabity ef che ernage fecept ss aa!=3 in| ahi as provided in| Sat 8 gary’ or purse Arie 02, [Arile 0" [regen or thee Examples 1. Lackeegaeapac |1. Lack of are]. Lack o at age 5 ofthe contact | tales spare. la. consent of af. 2 Lack of conuat of} pay is vir” ere sy ofthe patiss| tial Tp wt an nr Dairy = ck ot legal caper }4. Nomabeenee of te is Samp ‘There isa nae of consent tothe marrage tobe given, inthe order mentioned, by the father, the mother, the surviving pore ‘tuardian, or persons having legal charge of tur. ‘The consent shall bo manifisted in writing by the interested erty, who personally appears before th lal ev! rguiear, or {he form ofan adavit made in the presence of two winesec and attested before any official authorized by law to eminent. (an14, FO) REQUIREMENT IF ANY OF THE CONTRACTING PARTIES 1S [BETWEEN 21 AND 25 YEARS OLD ‘The party concerned shall be obliged to nak parental advice sn advice i nt obiained, orf uch edvice i not favorable, or if tne parent or guerdian concerned refuses to ive any advice, ‘no marriage license shall rae il sftr thre (3) reat lowing, the completion of publication of he application for marrage liom, (Ar 15, FO)EFFECT IF MARRIAGE IS CELEBRATED WITHIN THE THREE (@) MONTHS PERIOD ON THE BASIS OF A MARRIAGE LICENSE ISSUED IN VIOLATION OF THE SAID PERIOD. ‘Tre marviago is valid but the parties responsible of the leregulaity shall be ell, criminally and administratively liable, Inothor words, tho samo is treated merely as an irrogularty. (Art. 470) [AUTHORITY OF THE SOLEMNIZING OFFICER Marriagsssolemined by any person not legally authorized to porform marriages are aid unless gach marriages were contracted with either orboth pariesheieving in god faith that thesolemalzing ‘fcar had th legal authority todos. (Art. 352), FC) NOTE: 1. Uner the Family Code, mayors are excluded ftom the st of hove who are authorized to solemnize marriage, Tater, or under the New Loeel Government Code, the mayors are now authorized to soleranive marrige. (Se, ‘44 XVI, Local Government Code) 2 Any incumbent member of the Judiciary may solemnize ‘marriages within the courts jrieiction, 3. IF the marriage is celebrated by a priest, imam or rinistor of church, iia required that atleast ane of tbe contracting parties bolongs to the eolomnizing ofcer’s church or religious ect. (Art 72), FO) 4 Taemarriage shall bo solemnized publilyin thecbembars of tho judgo or im open eour, in the church, chapel or ‘temple, or inthe ofice ofthe consl-general, EXCEPT in cases of marriages in artculo morta, or whore both of tho partes request the solemnizing efcer in writing in which ‘ase the mursiago may be solemnized at a iouse or place designated by them in e warn statement to that aoc (are, FO) MARRIAGE LICENSE Withost a mariage lcmse, the mariage is void. But for lag a8 thee 5 & marriage Heense te immatera! i sega cr irrogularty obtained. The marrago is valid just the same bat the guilty partic shall be cil, criminally, 2nd administratively liable. Art 4, 3d par, FC) FORMALITIES OF MARRIAGE No praseribod form or religious rite for Uh slemlaaton of te marriage is required. It shall be necoaary, however, fr the ‘oniracting parties to appear personally before the solemnizing “oficer and delar n the presence of not less than two (2) witaeses flog age that thes take each ether as husband and wife, This ‘declaration shall be contained in the marrige eetieate which shal be signed by the contractiug parses and thir witnesses and attested by the solemniing cr. (Ar. 6, FC) ‘VOID AND VOIDABLE MARRIAGE ‘The distinctions between avoid and voldable mariage ato its concept and its effect ae allows: ‘Vold marriage Weis void ab into, Teta. ‘The marcage i valid nile old tom the very begin: | annulled Bing and therere a0 tnarrage legally exists, 2. The macrage can never | 2, ‘The marriage can be ratified Voldable marriage be rates, by fice cohabitation 5. No conjugal partnership |, There is eonjugel partner. ss created ship wales the mariage et. ‘ements provided otherwise. 4. There i so mood for a] 4. A judicial dacision in needed Judical declaration that | toannal the mariage. he marvage i void 5. "Tho validity of the mar-| 5 The validity ofthe marvinge riage may be attacked |” may not be "Hacked after fven alter the death of| one party die,« smetaoDueTIEN To LA © The status of children |G, The status of children bora ‘vor out marriages that |” out of vidable marriages: ste veld ab initio They |) Thowe coosived before a are legitimate. children ca sega Aecree of annuliment are Legitimate Children; Avice 54 of the Farlly Code which provides es] (2) Those conceived after a follows decree of annulment are Megitimate eiren. ‘Art. 54. Chinen com cved or Horm bare the Judgment. of annulment fF sbwolate malty of the ‘marrage under Article ‘36 has become final and ‘xecatory shell be consi ‘rod lgitimate, Children conceived or bor of the Subsequent merviage un dor Arie 9 shall Uke wise be legitimated WHAT MARRIAGES ARE VOID FROM THE BEGINNING? ‘Under Art 35 ofthe Family Coe, the illowing marrage ‘shall be void from the beginning: ™ (3) "Tose contracted by any party below cghten years of ge sve wi the coe 6 pareats ptdan () ‘Thx elena by any person ot oa authorised io Tetform ariget alec mariage wre contracted ‘thither orth erin hrngin pol fs tht te ‘Sten: afer bad the ep ethan edo (8) ‘Those solemn without lens, excep thos covered Eke precoding Chapter (4) Thove bigemous or peiygamous marriages wot falling under Arle 4 (8) Those contracted through mistake of one contracting rey a: tothe ideaity of tes other and (©) Those subsequent mariage (att aro void under Astle 88 WHAT ARE OTHER VOID MARRIAGES? The following marriages are wid 1. Void beeause of psychological incapacity "Art 96. A marrage contracted by any party who atthe ‘ume of the celebration, was payehologiclly incapacitated comply with the mental marital obligations of marriage, ‘hal rise be void even auch incapecty become manifest ‘only afer ite alemniztion” REPUBLIC OF THE PHIAPPINES vs. ‘COURT OF APPEALS. 198 SCRA 268. FACTS: On August 16, 1890, respondent Rovidl O. Molina filed = verified petition for declaration of samaimeat of er marrage to Reynaldo Malina. "The patition alleged that Rordel and Repusldo were married on April 14,1985, atthe San Agutin Church in Mane; that son, ‘Andro O. Molina was born: that ator a year of marriage, Resale showed signs of"immaturty and lresponabity ae a husband and 'fther since he preferred to spend tare the with his peers end fiends on whom be squandered his money; that he depended om his parents for id and assistance; and, was 2overhanest wth bis wife In regurd to their nance, resulting i frequent quarrels between ‘thom. That cometime in February 1966, eaynaldo wea reiivedcfhie jebis Manila, and sings then, Rodel had boone sols breeder ‘of the family; that im Oster 1965, the couple had a ery intense ‘quarrel, asa result of which heir rolaionship was eetranged: tht Jn March 1987, Rodel resigned from her jb in Manila and went to live with her parenia in Baguio; that afew weeks later, Reynaldn left Roridol and their child, and hed sine then abaadned them: ‘that Reynaldo had ths shown thet he was paychsorally incoptle of complying with esontal saartel obligations and was highly {mmeture and a habitually quarrelsome individual wi thought of hime as aking to be sorved: and that woeld be the couple's boat interest to have thir marsiage delared nll and roid in oer to free them from what appeared lobe am incompatible marrage fom the sar Reynaldo cdmittd that he and Rotide could no longer lve tayether as husband and wife, but con.ended thatthe misundestandings and frequent quarrels were doe to: (1) Roridel's strange chair of imsisting on aintining ber group of fund even after ‘heir marrige; (2) Haida’ refusal to perform some of her marital ution such a8 cooking meals; (8) and’ Rordel' fulure trun the Dhoasebold and hand!> thee Snances Diaring the pretrial on October 17, 190, the filling were stipulate: 1, That the pales herein ere loglly married on April 14, 1985 at the Chareh ofS, Augustine, Maul 2, Tha out of their marringo, a chilé named Albert Andre Olaviano Malina was born on July 29, 1986, ‘That the parties are separated {nat for more than three 4. That the petitioner is mot asin lg; "That the respondent isnot eskng for damages; end ‘That the common cil ofthe partis isin the custody of ‘he petitioner wie ‘Bvidenos for horein respondent wife cosistod of her own testimony and that of her fends Rosemarie Ventura and Maris Toonora Padila as wel a of Ruth G, Lalas, social worker and of Dr. Thoreita HidalgoSison, a yeychiatriat of the Bagulo Geral Hospital and Medica Center She also submitted do-aments marked tas Exhibits “A°to“B-1." Reyzaldo did not present any evidencs as hho appeared only during the pre-trial conference. On May 14,1991, the trial eourt rendered judgment declaring the marringe void. The appeal of petitioner was denied hy the Court cof Appeals Which firmed in foto ITC's decision, Hence, the present sappart for her and her ISSUE: In his petition, the Solicitor Genera insists thet “the Curt of Appeale made an erroneous and increet interpretation of the phate ‘psychological incapacity’ (as provided under Art. 36 ofthe Family Code), and made an incorrect application thereof to the fact ofthe caso" adding that th appealed decison tended “wo establish In effet tho moet liberal divorce procoZare In the orld which i ‘tnathema to ourealtare™ In denying the Solicitor General's sppeal the respondent Court relied heavily on the trial cours findings “thatthe marriage between the partiesbrokeupecauseof tei opposingandconfictng poreanalites” Then t added it owm opinion that “the Civil Code Revision Committoo (hrsinefterrefored to as the Commits) {ntended to Uberalize the application of our ivi laws on personal find faaly rights xxx" Iv cooduded that. ‘Aso ground fur aanuimentof mariage, we view peyhelogical ‘incapacity as broad range of mental and behavioral condcct on the pert ofinreconelable differences” and “onictng personalities” in no wi constitutes pryhologcal incapecity. It isnot enough to prove thet the partie filed to moot thr responses and luce a marred persons; it asontiel that Dey mat be shown tbe incapable of doing e, due to some peyshslgial (ot physica) Mines. ‘The evidence adduced by respondent merely chowed that she snd her husband could not got along with each other. There had oan no shoving ofthe gravity of the pbicm nether its judicial sntacedonce nor its incurability. The expert tastimony of Dr. Sao Showed no incurable peyehiatric disorder but only ineompatbity. courr Q— It i therefore the recommendation of the paychistrist ‘besed on your findings tht itis beter forthe Court to ‘zal (sic) the marziage? A— Yes, Your Honor. (@~ Therois no hope forthe marriage? A There it no hope, the man is lao living with snothor QI it leo the stand of the peychiatrst thatthe partion are peycholopically unfit for each other but they are psychologically ft with the ther parties? A Yes, Your Honue. Q— Neither are they pychologically unfit fr their profereons? A Yes, Your Honor. 'm tho ease of feymald, there is no showing hats allaged personality tent. were constalive "" peychlogeal sacapesty” "NTRODUCTION To LAR xing at the tine of mariage celebration. While some effort. nid vet hee use oh penal improsions of house ad genlenes “Ov ep tagoet an of bing “conservative, homely aad inteligen oo the aot Revd such fre of expectation no india of ostoot pocologilFsapecty It alt marly tas las Mindset the foe and blemishes he doe alae 2 Void because of peychologial incapacity “Art 98.A mariage ntact by any pry, who he Line of th edraton, was pylon epee te empl it ah nal ma gain mags Sal haribo wi even uch nepal Hosen only after its solemnization.” me ‘“ 8. Void because of incestuous relationship ‘Art 37. Marriages betmoon tho following ere incestuous ‘and veid frum the begining, whether the relationship betwen the parties e legitimate or lett 1 Betwoonasendont and descendant of ny degree 2 Between brothers and sators, whether ofthe fll or leben, 8. Void for reasons of public policy At. 88. The flowing marriages shall be void from the beginning for reasons of public ply 41. Betwoon cillaeral blood relatives, whether legit ‘ate orilegitimate, upto the fourth evil degree: 2 Betweon step parents and stopetildron; 3. Between parent-n-law snd children‘invtew; ‘4 Between th adopting parent and the adopted child 6 Betwoen the surviving spouse of adopting parent and the adopted cid Between the surviving spouse oft and th adopter, doptod child AND SATURE OF MARINE 1. Betwoon an adopted child an logitimase child of the adopter, 8. Botwoon adopted ehldren ofthe samme adopter and 8. Between parties whore one, with the intenon to marry the other, illed that other pesson'sepsase, or his or her own spouse. Question ~ Is there « need to file an action for declare ton of nullity ofthe maid marriage? Anewer — Yes. Question — Is there a prescriptive period within which said action shall be filed?” Answer ~ The action for declaration of mulity ofthe mariage ‘under Article 36 of the Family Code aballproseribe in ten (10) years ier ita colebretian. Ta athe instances, the action or defense fr the Aeclaratio of abeatutenality abel nt preseibe, Question ~ What is voldable marriage? Answer A voideblo marziage is one which le valid nti it ‘is annulled for any ofthe lowing eases, exiting a the tie of he marrage: 1. -NOAGE REQUIREMENT — That the party in wheeo behalf its sought to have the marriage ened was sigintaen (18) years of ago or over but below tenty-ene (21)and he marriage was tolemniaed without the consent ‘of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one (2), such perty ‘rely coated with Ue other and both ved togethers Irarband and wil, 2. UNSOUND MIND — That either party was of unsound ‘ind, unles such party after coming to reason, frealy ‘ohabited withthe other as husband and wife, 8. FRAUD — That the content of cithor party was ‘obtained by fraud, unless such party aerwards, with fall knowledge of the facta constituting the frau, freely ‘ahabited with the other aa husband and wifeFORCE, INTIMIDATION, ANDUNDUEINFLUENCE, ‘Gulnat the consent either party was stained by foc, intimation or unduo influence, unless he sme hang fsappears ar essed, such party thereaher freely ‘oabited with the other ax husbaad and wis IMPOTENCE — That cather erty wes physically incapeble of consummating the marrage with the ther, nd such ineepacty continues and eppes to he incurable 8 SEXUALLY-TRANSMISSIBLE DISEASE — Th ther party was aici with a sexcally-trenamisaile Aisease fod tobe serious and appears to be incurable " ESSENTIAL REQUISITES; (D LEGAL CAPACITY, and (2) CONSENT FREELY GIVEN LEGAL CAPACITY his means thit the parties must have the necessary age snd that thoe sist be no impediment caused by «pron eueting ‘aria ory a certain relationship, wher on coco eatin, cr eonsanguinity. RULES TO REMEMBER (2) Marne g ithe ml or fete shall bo years or upwards. (Art. 5, FC) * 2) Alter or both ofthe contracting parties (no ha been emancipted ty previous marriage) are between 73 ond of ar ld, here mut he consent to the marae bye athe, ‘othr, surviving paren or gardan or person heving lege charge ofthem, nthe oer mentoned (Art 12,PO) (3) Any contracting party betooen the age of 24 and 26 shalt ‘blige to oak thir parents or guaran for dvice, or if be unfavorable, the marriage Hconse shall not bo igved tl ees {hee (8) months following the completion of the publisation of fz pplication thorefre (Art 15, PC) {© proce paral lei nao, thre snl be ete that he onecting pant nee ‘marriage counselling, Failure to attach certfente of mervinge coun lng shall suspend the completion ofthe publiaton of the appl atom (Are 18, PC) (8). Marriage celebroted without the required leone, excopt ‘when otnerise provided by law like marrage in articu!o morts, ‘Tall bo mall and void. (Art. 358), FO) (©) Nrriage contracted by any party Below 18 years of age, van with parental consent, shall be all and vd (Art. 3601), FO) ‘CONSENT FREELY GIVEN ‘The cungont referred tin Artcl 2 ofthe Family Code refers to the consent ofthe contracting partes there is no consent r when ‘the peries do not have the intention tobe bound, the marsage is ‘oid If there is conrent, bat thare was error, aud, intimidation or fore, the marriage ir eldable (Art 45, C) WHAT CONSTITUTES FRAUD AS A GROUND FOR ANNULMENT (OF MARRIAGE? Article 46 of the Family Code anawers this question, It provides follows (1) Non-isclosure of previous conviction by fina jude ment ofthe other party ofa erime involving mural tariade; (2) Concealment by tho wife ofthe fact that atthe Wine of the marriage she was pregnant by a man other than her husband (@ Concealment of sexually transmissible disease, regardles oft nature, exiting at the time of Use marrage; ot @) Concealment of drug addiction, habitual alesbaisma or homesewaalityo lesbianism atthe time of the marriage, [No other misreprosentation or dccts ws to character, health, rank, frtune ar chastity shall constitta such fraud as wil give froubde for ction forthe annulment of marriage. EFFECTS OF ANNULMENT OF VOIDABLE MARRIAGE thas four effets namely: () WITH RESPECT TO EDUCATION AND SUPPORT The court shall provide for thir edition and napport. (Art. 40, FO(2) WITH RESPECT TO CUSTODY OF CHILDREN — ‘The custy ofthe cilren ie provided fr ax the onurt dnvrna beck (an 49, FC) (3) WITH RESPECT TO ATTORNEYS FEES AND LITIGATION EXPENSES — They are taken fromm the commenty, reper, ifthe ation is aueoes. Ar 90, CC) ( WITH RESPECT 70 THE GUUTY PARTY — are assewsed against the guilty partyin ease of anmulnent due (9) Leck authority ofthe solemnizing officer conosaled ‘rom one party, (©) Conceatment of impotence, oF of «prior maria i are; (© Concealment of incastuous relationship or of quasi- ‘ncetuoas dloqualifieation under Article 5; (@) Knowledge of insanity of oe party. (Art. 91) ‘STATUS OF CHILDREN BORN-OUT OF MARRIAGES AB INITIO They ar illegitimate children except a provided under Article {54 ofthe Family Code which provides as flows Art. 64, Children concsvod or born before the judgment of naument or absolute nality of the mersiage wader Article 88 ‘has become final and executor shall be considered legitimate, ildren conceived or born of the subeaquent mariage under ‘Atle 53 shall kewise be legitimate, ‘STATUS OF CHILDREN BORN OUT OF VOIDABLE MARRIAGES It depends, Thase conceived BEFORE an appealable decree of annulment are legitimate children. Tboee conceived AFTER. nach ocre of annulment are legitimate children. RESTRICTIONS AND PRECAUTIONS TO BE OBSERVED BY THE ‘COURT IN ISSUING THE DECREE OF ANNULMENT ‘Art. 48. In all eases of annulment or declaration of absolute ality of mersiage, the court shal order the prosecuting attorney or ‘seal asigned ti to appear on behalf ofthe stata ta take stone te prevent ellusion between the partes and totale [Shot fabricated or suppres. fe that evidence ‘nal eaes referred to inthe preceding paragraph, nojadgment shal be based pon stipulation “facts or santas of dginet, CAPACITY AND RIGHT TO RE MARRY UNDER ARTICLE 26 OF HE eWviL CODE ‘REPUBLIC OF THE PHILIPPINES vs. CIPRIANO ORBECIDO Tt GR. No, 154380, Oct. 5, 2005 FACTS: Cipriano Ortnid Tt married Lady Myron M. Vilanzra on May 4, 1981, Onamit City They ar ese wih oan 8 Sight in wie lf ha US wt hit. fw year ltr Can cred at hs with ben earaliced 1B'ts Aretcen cnn: Mach late, Gian oad om hs son {bat ew ctaned «ore dcr snd shear eran innocent ey Tt at eto ott careda est ruare igea oneacnareteaamtsas Soot eens Sheet arcmin! Bo i {057 cntntons (2) That paragraph 2 of Arie 25 te Family Code is not applicable to the instent case because it aly applies to 2 marrage celebrated batween Filipino citizen and an ‘lien (the proper remedy is oie a petition fer annulment ar fr logel sparetion; (3) that there leno Taw that governs respondent's situation Respondent admits that Article 26 is not diretly applicable to his caso bat inst that when is asturaliged alien wife obtained a Aivoree which eapacitated her io remarry, he is likewise expacitated by operation af law purauant to Section 12, Article Il of the Coneitation,ss rmopveriox re zawe HELD: Records of the proceedings ofthe Family Code deliberations showed that the intent of Paragraph 2 of Article 26, ecording to Judge Alicia SempioDiy, a member of ty Civil Cale Revision Committe, is ts avoid the absurd situation where the Filipina ‘spouse reraizs marved to ‘he ali spouse who, aber obtaining a Airore, sno longer marie to the Flipine epoune Interestingly, Paragraph 2 of Article 26 traces ts le 26 trace its origi to the 1986 case of Von Dorm v. Ramil, J, (No. 68470, 8 Oct. 1986, 139 SCRA 129), The Van Dorn caso involved a martiage between, 4 Blrino citizen and a foreigner. The Court held therin that ivrce decree validly obtained hy Ube sien spouse ie vali inthe Philippines, and consequently, the Filipino spease is cupactated to remarry under Philippine law Doss the same principle apply toa casa where atthe time ofthe (alebation ofthe mariage the parties were Pipino citiens, but later on, one of them obtains afrcgn etizenship by naturalization? ‘in jripradentl anv lao the 198 cant Qu 5 Gt depne (6 Ne 902 Deer 168 9 Se 4201 In Qt he prin wry in ise, Has ek ‘he thay go muro, The wis bine ¢saarled Aces Suita in 06 nd obo deen boca ya Th Ce {ern hata by way of eer dictum, Unto Bgos dere Steg ey fe a Seabee nae ‘Thus, aking nt cnsdertion the legislative intent end Biying tho ral reson, Uh Court blll hat Paragraph 2 of A {he ahead cuss avlvng eter boo sanclon abeurdiy and inustien, Where te ntarpretaion Statute according tots exact an taral import would lad foie, shicrous results cr contravene th est parpacf the leita shouldbe constrad ccrding lotsa and reason, deen far a necosary the ltr ofthe a A sate may theres extended canes not within the Sterel meaning ots eres, toon ‘5 they come within i pit or ita. 1g (che Court} was] to give meaning tothe legislative intent to avoid the sbourd situation whare the Filipino spate remains mar- ‘Hed to the alien apouse who, after abtaining a divoree is no longer [noried to the Filipina spouse, then the instant ease must be deomed fs coming withir the contemplation of Paragraph 2 Article 2. Tein elements for the application of Paragraph 2 of Article 26, —In view of the rogoing, we state th twin elements forthe ‘ppliation of Paragraph 2, Atila 26 as follows: 1, ‘There is a valid mariage that has boon celebrated betmeon a Pilipino citizen and a foreigner 2. A valid diver is obtsined sbrocd by the alicn spouse fapacitating him or her to remarry. ‘The reckoning paint is not the ctizonship of the parties at the time ofthe celebration ofthe marrage, but their citizenship fat the time a valid divors is abtained abroad by the alien spouse ‘apaciating the latter to reaary. In this ease, when Ciprianos wife was naturalized ax en Amo ricencltizen, there wasetll valid marrage that haabeen clebrated brtween her and Ciprian. As fate would have it, the naturalized lien wife subsoquenty obtained a valid divorce expaciating her to ‘emarry. Cleary, hota requis forthe application of Paragraph 2 et Avile 26 are both proven i this ease, Thus, Cipriane, Ube “civoreed” Filipino spouse should be allowed to remarry. (Te Court] fie] also unable to austin the OSG’ theory that ‘the proyer remedy ofthe Filipizo spouso isto file either petition for danilment or a petition for legal separation. Annulment sould bea long wd tedious process, and in ais partcalar ease, not even feasible, considering thst the mariage ofthe partes nppoars Lo have all the badgoe of validity. On the wher hard, lgal seperation trould not be sufiient remedy for it would not sever the marriage Ties hence, the legally separated Filipino posse would ail remsin Inarried to the naturalized allen spouse Competent evidence of svnee deores and naturalization of seit; Foreign law allowing divorce. However, [te Court} nats] ‘thatthe record are bereft of competent evidence duly submitted by respondent concerning th aivore deeroe and the naturalization of| Fespondent’ wif. It is setled rile that one who alloges a fact has the burden of proving tend mere allegution ts not evidence.Accordingly, for his p28 to prosper, respondent herein must rote his allegation thet his wife‘was aairalzed ae an American ize, Likewive, befory a fren divore decree eam be recngnied by our own courts, the party pleading ft must. prove the divorce ‘cree as a fact and demonstr's is ctaformity to the frig lw allowing i. Such foreign Taw must lao be proved aa our carts cannot take judicial notice of frei ws, Like anyother fay ouch lave must be alleged and proved. Furthermore, respondent st also show tht ho divorce decree allows his former wife ta remarry ‘specifically required i Article 26. Otherwise, thero would be no evidence wit fo declare that be is capaciated to enter into ‘another marriage, Nevertheless, [the Court {is} unanimous in our hong that paragraph 2 of Artilo 26 ofthe Family Code (2.0. No. 202, a8 ‘mended by £0 No, 227, shouldbe interpreted to allow a Pilipino eitiaen, who hasbeen divorced by a spouse who nd ecqured foreign cizenthip and remarried, als to Temarty. However, cousidering ‘hatin the present pation thee io slcen evidence sulbod ‘ad on record, we are unable to dear, based on respondent's bare allegations that his wif, who wasnaturlinedasian American citizen, Jned obtained'a divarce decree and had remarried at American, that respondent is now expactated to remany. Such derlaration ould only be made properly upon respondents submission of the frecited evidence inhi favor, ‘The petition by tho Republi ofthe Philippines is GRANTED, ‘The arailed Decision dated May 15, 2002, and Resolution dated ‘oly 4, 2002, of the Regional Til Court of Nave, Zamboanga del ‘Sur, Branch 3, are hereby SET ASIDE. LEGAL SEPARATION InTRooucTION ln the Philpine, we donot have abu ior (ore & ‘ineulomatriman’). Wecaly have oatve divorce or loge seperation (aivorce mensa ef thor). In abode dvere, the rareage it Sissolved snd the partis caa remarry. In relative divorce or legal Separation, however, the marriage bond isnot diasulved and the pari ae at etd to roman Tne he parti are mere ‘separated from bed and board. * couarran vt @ (GROUNDS FOR LEGAL SEPARATION ‘There are ton (10) grounds fr legs separation under Arile 6 of the Family Code, to wi (1) Repeated physice! violence ar grossly abusive couduct Airected against th poiioner, common child, ofa child ofthe petitioner, (@) Physical violence or moral prosture to compel the ‘etitioner to change religous or poltieal afliation; (9) Attempt of rspondent to corrupt or induce the petitions, ft common eld, of @ euld of the petitioner, to engage fn prostitution, or connivance in such corruption oF Inducements 4) Final judgment sentencing the raspandent to imprison ment af more than six (6) your, oven if pardoned (8) Drug addition or habitual slesholism of the respondent; (6) Lesbianises ur homosexuality ofthe respondent; (1 Contracting bythe respondent ofa rubuequent bigamous ‘marriage, whether in th Philippines or abroad (8) Sexual infidelity or perversion; (©) Attempt by the respondent agaiast the life of the pattioner; or (10) Abandoement of petitioner by respondent without jasti- ‘able car for more tha ene year. For purpose of this Article, the term “child” shall include child by suture or by adoption. Under Arle 97 of the Civil Coe, ‘here ate only two 2) grounds for legal separation, nemely: (1) Far adultery onthe part ofthe wife an for concubinage tn the part ofthe husband as defined in the Penal Code (2) Amattempt hy one epouse against the ip of the other. WITHIN WHAT TIME SHOULD AN ACTION FOR LEGAL SEPARA- TON BE FILED? Artiste 67 ofthe Family Code provide that an action for legal separation shall be filed within Sve (8) ars from Use te of tao reurrence of the cause