Civil Law Midterm Exam PDF

RA 386 (CIVIL CODE OF THE PHILIPPINES) August 30, 1950 - civil code August 03, 1988 - family code (Corazon Aquino) ARTICLE 2 General Rule: 15 days following after publication : following = 16th : following = “after” > 15 days > 15th : publ...

RA 386 (CIVIL CODE OF THE PHILIPPINES) August 30, 1950 - civil code August 03, 1988 - family code (Corazon Aquino) ARTICLE 2 General Rule: 15 days following after publication : following = 16th : following = “after” > 15 days > 15th : publication - full publication - Official Gazette - Newspaper of General Circulation: (1) news of general character, (2) subscribers, (3) regular intervals - known by all Filipinos Exception: law provides “otherwise” (date of effectivity) Instances: 1. Law - more or less than 15 days = 15th 2. Law - immediately after publication = 15th 3. No date provided by law > 15 days following publication = 16 th Laws not need to be published > laws that are “internal in nature” 1. Non-penal laws 2. Interpretative regulations 3. Letter of instruction 4. IRR Exception: with penalty > publish ARTICLE 3: Ignorance of the law excuses no one from compliance therewith. Legis non excusat - Not a lawful justification - Everyone is presumed to know the law and its consequences even if they have no actual knowledge of the law - Applies to all kinds of domestic laws, whether civil or penal, substantive or remedial - Does not apply to foreign laws: such laws must be proved like any other matter of fact Judicial Note - Refers to the act of the court in taking cognizance of matters as true or as existing without the need of the introduction of evidence - the authority of the court to accept certain matters as facts even if no evidence of their existence has been presented - excludes foreign law - examples: location, history, key officials Doctrine of Presumed Identity or Processual Assumption - Only limited in the country - Doesn’t include presumption of foreign law > should be proven like any other matter of fact - where a foreign law is not pleaded or, even if pleaded, is not proven, the presumption is that foreign law is the same as Philippine Law. Mistake of Law – not excusable Mistake of Facts – excusable NOTE: Japanese Law is not a lawful justification ARTICLE 4: Laws shall have no retroactive effect, unless the contrary is provided. Lex prospicit non respicit o General Rule: Prospective/Proactive – applied on or after effectivity o Exception: if the law provides retroactive 1. Procedural/Remedial Laws 2. Penal Laws 3. Tax Laws 4. Laws creating new rights 5. Interpretative statutes  6. Curative/Remedial Statutes 7. Emergency Laws Exception to Exception: a. Ex post facto law – act that “was” innocent when it was committed b. Bill of Attainder – punishes/condemns without due process c. Laws impairing contractual obligations d. Divest substantive rights (exception: freedom of speech) ARTICLE 5: Acts against provision of mandatory and prohibitory laws shall be void, except when the law itself authorizes their validity General Rule: void - Mandatory: act done = punishable - Prohibitory: to do an act that is prohibited NOTE: not all laws are mandatory and prohibitory, there are also Permissive Laws o Exception: 1. Laws provides validity 2. It makes the act valid but punishes the wrong doing 3. The act shall be voidable, not void - Voidable: valid until annulled - Void: void from the beginning as if it never happened 4. Legal effects o Summary of Exception: a. Allowed b. Allowed but punished c. Voidable d. Legal effects Example: - Physiological Incapacity: void marriage but children are legitimate - Void Marriage: children > illegitimate ARTICLE 6: Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good customs, or prejudicial ot a third person with a right recognized by law. General Rule: rights are waivable Exception: a. Contrary to law b. Contrary to public order c. Contrary to public policy d. Contrary to public morals e. Contrary to good customs f. Family right g. Personality right h. Prejudicial to 3rd person i. Future inheritance (art. 1347 – future inheritance cannot be waived) ARTICLE 7: Constitution vs. RA = Constitution RA 1 vs. RA 2 = RA 1 RA 1 > RA 2 > RA 3 = RA 1 ARTICLE 8: Stare decisis (et no quieta movere) – “to adhere the precedents, the court decisions must be quiet and not be moved” Judicial decisions only from the SC (prospective only) = Law o en banc > all justices o justices: 1 CJ > Alexander Gesmundo, 14 Assoc. justices, Baguio judge > Justice Marvic Leonen o en banc vs division = en banc  Obiter Dictum - Comment in the decision - Not part of the judicial decision and not part of the law of the land NOTE: en banc has 3 divisions with 5 members each ARTICLE 9: Duty of the courts to make decision with the absence of law Determine first if Civil of Criminal a. Criminal - If there is no law, no crime punishes the same (nullum crimen sine lege) “no crime without law” - DECISION: dismissal b. Civil i. Customs - Requisites: plurality of facts, uniformity, general, continous, not contrary to LPPP (art 6), obligatory ii. Foreign Laws - Republic vs cagandahan - Decisions of foreign courts iii. Expert opinions iv. Stat com ARTICLE 10: Justice and fairness are the goal Verba Legis: plain meaning rule Ratio Legis et anima: intent of the framers Mens legislatators: intention of the legislator Dura lex sed lex ARTICLE 11: Customs vs. Law = Law Custom 1 vs. Custom 2 = Law Person 1 (same custom) vs. Person 2 (custom) = Custom ARTICLE 12 Custom = Fact ARTICLE 13 Year – 365 days Months – 30 days (if named > computed based on the month); ex: feb – 28/29 days Day – 24 hrs Night – sunset to sunshine NOTE: Computation – excluded the first day, include the last day ARTICLE 14-18: CONFLICT OF LAWS Forum Non Conveniens – refusal to assume jurisdiction because it will prove inconvenient for forum PH Law is not prohibited to try case involving a property in abroad, but since it I inconvenient for the forum, PH Law leaves foreign law to adjucate on the property o Theory of Comity – the application of foreign legal systems in cases involving foreign elements is proper, otherwise, the non-application would constitute a disregard of foreign sovereignty or lack of comity towards other states o Principles: i. Comity based on Reciprocity – PH is willing to apply foreign law because foreign country is willing to apply PH Law ii. Comity based on the persuasiveness of a foreign judgement – willing to use FL because it is too persuasive o Renvoi - “referring back”  -A procedure whereby a jural matter presented is referred by the conflict of laws rules of the forum to a foreign state, the conflict of laws rules of which in turn refers the matters back to the law of the forum (remission) or a third state (transmission) - Remission: 1st (PH to US), 2nd (US to PH) - Transmission: PH > US > CA What can courts do? - Accept renvoi - Reject renvoi o Doctrine of Processual Presumption - Presumed-identity approach - If FL is not property allowed and proved, the presumption is that it is the same as our law - The party who wants to have a FL applied to a disputed or case has the burden of proving the FL ARTICLE 14: Generality Principle General Rule: National Law/PH Territory Example: Territorial Sea > 12 NM > Sovereignty : EEZ – Economic Rights only o Penal Laws Basis: TERRITORY Exception: Immune individuals 1) Heads of states (also the pope in vatican) 2) Ambassadors – political representatives = immune from local/domestic penal laws 3) Senator – immunity from suits (when congress in session) NOTE: consuls (economic representatives) are not immune ARTICLE 15: Nationality Principle Lex Nationalii - Family rights Follows nationality - Duties - Nationality: binding to PH citizens even - Status though living abroad - Condition - capacity NOTE: Republic vs. Manalo - only applies on mixed laws (either the PH citizen or foreign spouse ma file divorce in Foreign courts) ARTICLE 16: Lex rei sitae – real and personal property is subject to the law of the country where it is situated Exception: Paragraph 2, Art 16 i. Intestate ii. Testamentary succession (inheritance) ARTICLE 17: Lex loci celebrationis - Forms and solemnities of contracts, wills, and other public instruments (extrinsic validity) shall be governed by the laws of the country in which they are executed o Sale: location of the proerty o Contract: where it was signed o Legal capacity: nationality/national law Extrinsic Validity Intrinsic Validity a) Laws stipulated by the countries b) National law of the parties, if the parties are of the same nationality c) Place of perfection of the obligation d) Law of the passive subject ART 19-21: HUMAN RELATIONS ARTICLE 19 Principle of Abuse of Right - suum jus summa injuria (the abuse of a right is the greatest possible wrong) - The exercise of a right must be in accordance with the purpose for which it was established and must not be excessive or unduly harsh; there must be no intention to harm another o Requisites - Existence of a legal right or duty - Exercised in bad faith - For the sole intent of prejudicing or injuring another o Damnum Absque Injuria - Damage without injury - Damage resulting from the legitimate exercise of a person’s rights is a loss without injury for which the law gives no remedy. One who merely exercises one’s rights does no actionable injury and cannot be held liable for damages ARTICLE 20 Acts contrary to law - Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same - general sanction for all other provisions of law which do not especially provide for their sanction ARTICLE 21 Acts contra bonus mores - Acts against good morals act which is legal but is contrary to morals, good custom, public order, or public policy and is done with the intent to injure o Breach of Promise to Marry - General Rule: Not actionable. One cannot seek specific performance to compel marriage - ACTIONABLE: There must be another act independent of the breach of promise to marry which gives rise to liability as where there was fraud or deceit, financial damage, social humiliation, and moral seduction ARTICLE 37 Civil Personality o Persons - Any being, natural or artificial, capable of possessing legal rights and obligations - A person is any being susceptible of rights and obligations or more specifically, it is every physical or moral, real or juridical and legal being susceptible of rights and obligations or being the subject of legal relations o Kinds of Persons: - Natural Persons: human beings created by God through the intervention of parents - Juridical Persons: Those created by law o Juridical Capacity v. Capacity to Act - Juridical Capacity: Fitness to be the subject of legal relations; Inherent; Lost only through death; Can exist without capacity to act; No limitation - Capacity to Act: Power to do acts with legal effects; Merely acquired; Lost through death and restricted by other causes; Always exists with juridical capacity; Has limitations  o Restrictions/Limitations on Capacity to Act i. Minority ii. Insanity iii. Imbecility iv. Deaf mute v. Prodigality vi. Civil interdiction vii. Alienage viii. Absence ix. Family relations x. Penalty xi. Insolvency ART 40-43: NATURAL PERSONS Beginning of Personality - BIRTH (actual personality) - From the time of the child's CONCEPTION, for all purposes favorable to him (presumptive personality) On Presumptive/Provisional Personality - A conceived child is already entitled to support from its progenitors and can be acknowledged even before it is born - The concept of provisional personality CANNOT be invoked to obtain damages for and in behalf of an aborted child When is a child considered born? (Art. 41) - For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb - If the fetus had an intra-uterine life or less than 7 months, it is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb Civil personality extinguished: Natural Persons – by DEATH : Juridical Persons – by TERMINATION of existence ART 44-47: Juridical Persons Juridical Person - a being of legal existence susceptible of rights and obligations, or of being the subject of juridical relations MARRIAGE - For the establishment of family life o Ordinary contracts - only deaths terminate marriage - civil law o Governing law of marriage – family code o Stipulation - Family code - Not subject to your own - Basis of legal capacity - Permanent union - Sex would be determined at birth o 5 requisites (absence would be void) 1) ESSENTIAL: - Legal capacity (sex, age) - Consent Defect: voidable 18 up – 21 below: consent 21 up – 25 below: advice (absent of this would be valid) 2) FORMAL - Authority of solemnizing officer - License - Ceremony  Irregular: valid liable o Solemnizing Authority: - Any incumbent member of the judiciary - any priest, rabbi, imam, or minister of any church/religious sect duly authorized by the Church… - any ship captain or airplane chief only… - any military commander of a unit to which a chaplain assigned… - any consul-general, consul or ice-consul - CA justice (location: anywhere)