PFR-Midterms-Reviewer-1.docx

**When do laws take effect?** **Art. 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.** A law may provide for its own effectivity. If the law is silent as to its own effectivity, then it shall take effect only after fifteen (15) days following its complete publication. **15^th^ day v. 16^th^ day** **15th Day:** If the law declares that it shall become effective *"15 days after its publication,"* it means that its effectivity is on the 15th day after such publication. **16th Day:** If the law declares that it shall be effective "after 15 days following its publication," its effectivity is on the 16th day thereafter. **When the Law is silent** When the law is silent as to its effectivity, then it shall take effect after fifteen (15) days following the completion of its publication. **Publication is a must.** In the *Tañada* case, the Court ruled that Article 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette even if the law itself provides for the date of its effectivity since the clear object of the law is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens (*Tañada v. Tuvera)*. **Where to publish?** Publication of laws may now either be in the Official Gazette or in a newspaper of general circulation in the Philippines. **Can there be a partial publication?** Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the laws. **What if the law provides that it is effective immediately after approval?** A statute which by its terms provides for its coming into effect immediately upon approval thereof, is properly interpreted as coming into effect immediately upon publication thereof in the Official Gazette as provided in Article 2 of the Civil Code. Note: The Legislative may provide a shorter period or longer period than the 15 days. **What are included in the publication requirement?** - Presidential Decrees and Executive Orders - Administrative Rules and Regulations - Monetary Board Circulars - Municipal Ordinances **Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.** GR: Laws are to be construed as having only prospective operation. *Lex prospicit, non respicit.* XPN: In the following instances, laws may be given retroactive effect: (1) if the law itself provides for retroactivity; (2) penal laws favorable to the accused; (3) if the law is procedural; (4) when the law is curative; and (5) when the law creates new substantive rights. **What are Ex-Post Facto Laws?** Basically, an *ex post facto* law is one that would make a previous act criminal although it was not so at the time it was committed. Elements: 1. Refer to criminal matters; 2. Retroactive in its application; and 3. Prejudicial to the accused. **Non-Impairment of Contracts**: GR: Only laws existing at the time of the execution of the contract are applicable thereto and not later statutes, unless the latter are specifically intended to have retroactive effect. XPN: A law enacted in the exercise of police power to regulate or govern certain activities or transactions could be given retroactive effect and may reasonably impair vested rights or contracts. Ratio: Non-impairment of contracts or vested rights clauses will have to yield to the superior and legitimate exercise by the State of police power to promote the health, morals, peace, education, good order, safety, and general welfare of the people. **Procedural or Remedial Laws** Statutes regulating the procedure of the courts will be construed as applicable to actions pending and undetermined at the time of their passage. Procedural laws are retroactive in that sense and to that extent. In Acosta v. Tan, when the petitioner failed to submit a record on appeal as a pauper litigant, the Court held that: according to the Rules of Court applicable at the time, a record on appeal was indeed required to be filed by a pauper appellant, although it did not need to be printed. [However, the Court highlighted that B.P. Blg. 129, enacted prior to the decision of the case, eliminated the requirement for a record on appeal to] [perfect an appeal]. This new rule was applied retroactively, as established in the precedent set by Alday vs. Camilon. The [Court underscored that procedural laws are generally applied retroactively], which serves to benefit the petitioners in this instance. Note: See MRCA v. CA, supra. **Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.** Mandatory Laws Prohibitory Laws Permissive Laws ------------------------------------------ ----------------------------------------------------- ------------------------------------------------ The law commands that something be done. The law commands that something should not be done. The law commands that it permits or respected. GR: Acts executed against the provisions of mandatory or prohibitory laws are void. XPN: 1. When the law itself authorizes its validity. 2. When the law makes the act valid but punishes the violator. 3. When the law merely makes the act voidable. 4. When the law declares the act void but recognizes the legal effects arising from it **There can be no cause of action if the act is void.** In BPI v. IAC, When Zhornack entrusted the safekeeping of greenbacks to COMTRUST and later the former filed a complaint, the Court held that since the mere safekeeping of the greenbacks, without selling them to the Central Bank within one business day from receipt, **is a transaction which is not authorized by CB Circular No. 20**, it must be considered as one which falls under the general class of prohibited transactions. Hence, pursuant to Article 5 of the Civil Code, **it is void, having been executed against the provisions of a mandatory/prohibitory law.** More importantly, it **affords neither of the parties a cause of action** against the other. \*\*\* **Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.** **Elements of Rights** 1. Subject; a. Active subject (entitled to demand the enforcement of the right); and b. Passive subject (one who is duty-bound to suffer its enforcement). 2. Object; and 3. Efficient cause. **Real Rights v. Personal Rights** **Real Rights** **Personal Rights** ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- The power belonging to a person over a specific thing, without a passive subject individually determined against whom such right may be personally exercised; it is enforceable against the whole world. Personal right or the power belonging to one person to demand of another, as a definite passive subject, the fulfillment of a prestation to give, to do or not to do. **Can rights be waived?** Yes. The following requisites should be present: 1. He must actually have the right which he renounces; 2. He must have the capacity to make the renunciation; and 3. The renunciation must be made in a clear and unequivocal manner. \*\*\* **Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.** **When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.** **Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.** **What are the ways of repealing laws?** 1. Express repeal. 2. Implied repeal. Note: The *statement "all laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly,"* however, is not an express repealing clause because it fails to identify or designate the act or acts that are intended to be repealed. **Requisites of Implied Repeal** 1. The laws cover the same subject matter; and 2. The latter is repugnant to the earlier. **General Law v. Special Law** When there is a conflict between a general law and a special statute, the special statute should prevail since it evinces the legislative in- tent more clearly than the general statute. **Can a Special Law repealed, amended, or altered by a General Law?** **No. A special law cannot be repealed, amended or altered by a subsequent general law** by mere implication. It is a well-settled rule in this jurisdiction that "a special statute, provided for a particular case or class of cases, **is not repealed by a subsequent statute, general in its terms**, provisions and application, unless the intent to repeal or alter is manifested. **Effects of REPEAL of Repealing Law.** 1. Express Repeal: When a law which *expressly repeals* a prior law is itself repealed, the law first repealed shall not be thereby revived *unless expressly* so *provided*. 2. Implied Repeal: When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived unless the repealing law provides otherwise. **Can you repeal the Constitution?** [Make a smart guess, please. ] Note: Recall the SC's power to declare a law unconstitutional and the concept of judicial review. **Art. 8. Judicial decisions applying or interpreting the laws, or the Constitution shall form a part of the legal system of the Philippines.** Judicial decisions **refer to Supreme Court decisions**. In *Miranda v. Imperial* the SC held that only the decisions of the Supreme Court establish jurisprudence or doctrines in this jurisdiction. **Doctrine of Stare Decisis** It means that when the Court has once laid down a principle of law as applicable to a certain state of facts, **it will adhere to that principle and apply it to all future cases where the facts are substantially the same**. **Does the Doctrine apply to decisions rendered by the other courts?** **No**. only decisions of the Supreme Court are considered in the application. Note: The **application** of the foregoing shall be **prospective**. \*\*\* **Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.** **How does it apply to criminal cases?** The judge may not decline to render a judgment. Instead, the judge must dismiss the criminal action. Applying the rule *"nullum crimen, nulla poena sine lege."* **What should the judge do if the law is silent?** If the law is silent or is obscure or insufficient with respect to a particular controversy, the judge shall apply the custom of the place, and in default thereof, the general principles of law and justice. **Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.** The first duty of the judge is to apply the law ---- whether it be wise or not, whether unjust ---- provided that the law is clear, and there is no doubt. **When can the court resort to equity?** The SC held that equity, which has been described as "justice outside legality," is applied only in the absence of, and never against, statutory law or judicial rules of procedure. **Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced.** **A custom must be proved as a fact, according to the rules of evidence.** **What is a custom?** It is a rule of conduct formed by repetition of acts, uniformly observed as a social rule, legally binding and obligatory. **Requisites in the application of Customs** 1. **Plurality of acts**, or various resolutions of a juridical question raised repeatedly in life; 2. **Uniformity, or identity** of acts or various solutions to the judicial question; 3. **General practice** by the great mass of the social group; 4. **Continued performance** of these acts for a long period of time; 5. General conviction that the practice corresponds to a juridical necessity or that it is **obligatory**; and 6. The practice **must not be contrary** to law, morals, or public order. Note: They must be proven as a fact. In the case of *Yao-Kee v. Sy-Gonzales*, the Court held that: the testimonies of Yao Kee and her brother, as well as other documentary evidence, were insufficient to establish the foreign law or custom on marriage. The Court emphasized that foreign laws must be proven as facts, and the absence of such proof means that the marriage cannot be recognized in the Philippines. The Court also noted that Philippine courts cannot take judicial notice of foreign laws and that the petitioners did not present any competent evidence to prove the Chinese law on marriage. **Can a person be held liable due to an accident resulting from a customary act?** In the case of *Martinez v. Buskirk*, the SC held that: The act of defendant\'s driver in leaving the horses in the manner proved **was not unreasonable or imprudent**. **Acts the performance of which has not proved destructive or injurious** and which have, therefore, been acquiesced in by society for so long a time that **they have ripened into custom**, cannot be held to be of themselves unreasonable or imprudent. **Accidents sometimes happen and injuries result from the most ordinary acts of life. But such are not their natural or customary results**. Hence, the driver was exonerated. \*\*\* **Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.** **If months are designated by their name, they shall be computed by the number of days which they respectively have.** **In computing a period, the first day shall be excluded, and the last day included.** In computing a period, the first day is excluded while the last day is included. **If Last Day Falls on Saturday, Sunday or Legal Holiday** It depends on the following: [Ordinary Contract]: In an ordinary contract, the agreement of the parties prevails. This is because obligations arising from contracts have the force of law between the contracting parties. [Under the Rules of Court]: if the last day of the period falls on a Saturday, a Sunday or a legal holiday in the place where the court sits, the time shall not run until the next working day. **May the computation start from the hour that the person receive the notice?** **No.** In the case of *Armigos v. CA*, the SC held that: According to these rules, the first day is excluded, and the last day is included in the computation of the period. The Court found no merit in Armigos\' argument that the period should be computed from the exact hour the decision was received. The Court noted that adopting such a novel interpretation would lead to confusion and unreliable testimonies regarding the exact time a decision or order was received. **How should the period be computed in cases of a leap year?** In the case of *NAMARCO v. Tecson*, the Court rejected the plaintiff-appellant\'s argument that a year should be understood as a calendar year, emphasizing that the explicit provision of Article 13 must be followed. The Court also noted that altering this interpretation would amount to judicial legislation, which is beyond its power. If a change in the law is necessary, it must be done through the legislative process, not by judicial decree. \*\*\* **Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.** **\*\*\*** **Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.** **Status and Conditions** Philippine laws relating to status and condition are binding upon citizens of the Philippines, even though living abroad. Hence, **divorce between Filipinos are not valid**. However, in cases of **mix marriages**, **aliens may obtain divorces abroad, which may be recognized** in the Philippines, provided they are valid according to their national law. **Legal Capacity** Laws relating to legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. **How about aliens?** With respect to aliens, their national law shall govern with respect to their legal capacity, following the "nationality principle" embodied in Article 15. **Divorce obtained by a Filipino abroad** In the case of Baretto-Gonzales v. Gonzles, wherein both parties are Filipino citizens and one of them obtained a divorce decree in Nevada, the SC held that: The Court\'s decision was anchored in the principle that Philippine courts are not permitted to recognize foreign divorce decrees that contradict local laws and public policy, particularly those related to family rights and obligations. Likewise in the case of *Tenchavez v. Escano*, the SC held that: The Supreme Court held that recognizing the Nevada divorce would contravene Philippine public policy, which does not recognize absolute divorce. The court emphasized that allowing such recognition would undermine the institution of marriage and potentially legalize polygamy, which is against the moral and legal principles upheld in the Philippines. **Can a divorce decree prevail over the policy of the Philippines against divorce?** In the case of *Van Dorn v. Romillo Jr*. the court emphasized that under the nationality principle in Article 15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorces. However, aliens can obtain divorces abroad that may be recognized in the Philippines if valid according to their national law. Since the Nevada divorce dissolved the marriage, Richard no longer had standing to sue as Alice\'s husband in the Philippines. **Accordingly, does a foreigner who has obtained a valid divorce in his home country have the legal capacity to file a complaint for adultery against his former spouse in the Philippines?** In the case of Pilapil v. Ibay-Somera, the Court emphasized that the status of the complainant as the offended spouse must exist at the time of filing the complaint. Since Geiling had obtained a valid divorce in Germany, he was no longer Pilapil\'s spouse at the time he filed the adultery complaints. \*\*\* **Art. 16. Real property as well as personal property is subject to the law of the country where it is situated.** **However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, what- ever may be the nature of the property and regardless of the country wherein said property may be found.** **Principle of Lex Rei Sitae** Real and personal properties are subject to the law of the country in which they are situated. XPN: Real and personal properties involved, in the matter of the intestate and testate succession of a decedent. Instead, what is **applicable is the national law** of the decedent in matters of: 1. The order of succession; 2. The amount of successional rights; and 3. The intrinsic validity of the provisions of the will. **Renvoi Doctrine** Renvoi literally means referring back. An example of the application of the said doctrine is found in the case of *Aznar v. Garcia*. In this case, Edward E. Christensen, an American citizen born in New York, had resided in California from 1904 to 1913 before moving to the Philippines in 1913. He rarely returned to California and never acquired property there, indicating his domicile was in the Philippines. In settling the decedent's estate, **California\'s conflict of law rules, specifically Article 946 of the California Civil Code, refer the matter back to the law of the decedent\'s domicile**, which is the Philippines. The Court emphasized that applying California\'s internal law would deprive Helen of her legitime, which is contrary to Philippine law that recognizes natural children as forced heirs. The Court concluded that the Philippine law on succession should govern. **Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.** **When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.** **Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.** **Principle of Lex Loci Celebrationis** **Extrinsic Validity** The forms and solemnities are governed by the laws of the country in which they are executed under the principle of *"lex loci celebrationis."* **The Intrinsic Validity of Contracts** The intrinsic validity of a contract is governed by the proper law of the contract or *"lex contractus,"* Lex contractus may either be the law of the place voluntarily agreed upon (*lex loci* voluntatis) or the law of the place intended by them expressly or impliedly (*lex loci intentionis*). Example: Marijuana is legal in Wakanda. A Filipino scientist, Iron Man and a Filipino Bodybuilder, Hulk, met in Wakanda and executed a contract that says Iron Man will be delivering three bags of marijuana to Hulk's wife, Black Widow, at Manila, Philippines. Here, in this case, the contract is not valid because the intrinsic validity of it is not valid under Philippine law. However, if the contract stated that the marijuana will be delivered at a mansion owned by Hulk in Wakanda then it's valid. If Iron Man talkshit Hulk and Hulk tried to enforce the contract here in the Philippines, it will be void because even if it is valid in other countries there are prohibitive laws prohibiting the act. **In the case of the intrinsic validity of wills** The intrinsic validity of the provisions of a will, however, shall be governed by the national law of the decedent. **How about acts executed before Diplomatic and Consular Officials?** The solemnities established by Philippine laws shall be observed in their execution. **Can a foreigner execute a will in the Philippines?** In the case of Bellis v. Bellis, The SC held that a provision in a foreigner\'s will to distribute properties according to Philippine law is illegal and void. It based its decision on Articles 16 and 1039 of the Civil Code, which mandate that the national law of the decedent governs intestate and testamentary successions concerning the order of succession, the amount of successional rights, the intrinsic validity of the provisions of the will, and the capacity to succeed. **Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.** \*\*\* **HUMANS RELATIONS** **Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.** May a public officer be validly sued in his/her private capacity for acts done in connection with the discharge of the functions of his/her office? Yes. In the case of *Vinzons-Chato vs. Fortune Tobacco Corp**.*** The Court held that: A public officer is generally not liable for damages arising from the just performance of official duties within the scope of assigned tasks[. However, a public officer is not immune from damages in his/her personal capacity for acts done in bad faith, which are outside the scope of authority.] **Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.** **Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.** **Principle of Damnum Absque Injuria** The legitimate exercise of a person's rights, even if it causes loss to another, does not automatically result in an actionable injury. This principle does not, however, apply when there is an abuse of a person's rights, or when the exercise of this right is suspended or extinguished pursuant to a court order. **A civil action for damages for malicious prosecution is allowed.** **Note:** Malice and probable cause must exist in order to justify a suit for malicious prosecution. Elements**:** 1. The fact of the prosecution and the further act that the defendant himself was the prosecutor and the action was finally terminated with an acquittal; 2. That in bringing the action, the prosecutor acted without probable cause; and 3. The prosecutor was actuated or impelled by legal malice. However, there is no malicious prosecution if it was in a nature of of an innocent mistake. **Clean Hands Doctrine** Article 21 is based on equity, and he who comes to court to demand equity, must come with clean hands. Article 21 should be construed as granting the right to recover dam- ages to injured persons who are not themselves at fault. **Principle of Abuse of Rights** He who uses a right injures no one. Article 19 sets standards for the exercise of rights and performance of duties. Note: to act with justice, to give everyone his due, and to observe honesty and good faith. Art. 19 was expanded to include the concept of torts. The absence of good faith is essential to the abuse of right. Definition of good faith: An honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of the law, together with an absence of all information or belief of fact which would render the transaction unconscientious. Elements of Abuse of Rights: 1. There is a legal right or duty; 2. Which is exercised in bad faith; and 3. For the sole intent of prejudicing or injuring another. Note: While Article 19 lays down the rule of conduct for the government of human relations and for the maintenance of social order, it does not provide a remedy for its violation. The remedy of an action for damages is found in Article 20 and 21. Article 20 speaks of a general sanction and that is to indemnify his victim for injuries suffered thereby. It also does not distinguish whether the act was done *willfully or negligently*. Elements of Contra Bonus Mores (Art. 21): 1. There is an act which is legal; 2. But which is contrary to morals, good custom, public order, or public policy; and 3. It is done with the intention to injure. Is a breach of promise to marry actionable? GR: No, generally it is not actionable. XPN: 1. Yes, if there is fraud and deceit in way that when a man's promise to marry is the proximate cause of the acceptance of his love by the woman and it results in sexual congress. 2. When the plaintiff has incurred expenses for the wedding and necessary incidents thereof. Note: It is actionable not because of the promise to marry but because of the fraud and deceit (Art 21.) See the discussion on marriages below. **Can an acquitted accused be held civilly liable?** Yes. In the case of People v. Ritter, the SC held that Ritter inserted the foreign object that caused Rosario\'s death. Expert medical testimony suggested that infection from such an object would have set in much earlier than seven months. The Court emphasized the need for credible and reliable evidence, which the prosecution failed to provide. [Despite the acquittal, the Court recognized Ritter\'s morally reprehensible behavior and ordered his deportation to protect public morals and the well-being of Filipino children.] \*\*\* **Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.** **Art. 23. Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.** **What is an Accion In Rem Verso?** An action for recovery of what has been paid or delivered without just cause or legal ground. **Accion In Rem Verso v. Solutio Indebiti:** Mistake is an essential element in Solutio Indebiti but in Accion In Rem Verso, it is not necessary that there should have been a mistake in payment. What are the elemtns of Accion In Rem Verso? 1. That the defendant has been enriched; 2. The plaintiff has suffered a loss; 3. That the enrichment of the defendant is without just or legal ground; and 4. The plaintiff has no other action based on contract, quasi-contract, crime, or quasi-delict. **Can there be a liability without fault?** Yes, Civil Code now recognizes liability without fault or negligence, even when the event producing loss to others may be accidental or fortuitous, so long as another person is ben- efited through such event or act. Ratio behind Art. 23: It seeks to prevent unjust enrichment. \*\*\* **Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.** **Art. 25. Thoughtless extravagance in expenses for pleasure or dis- play during a period of acute public want or emergency may be stopped by the order of the courts at the instance of any government or private charitable institution.** **What is the legislative intention behind Art. 24?** The law intended to protect both those who are found weak and uneducated who may have been taken advantage of by unscrupulous persons or those who may have used undue influence in entering into agreements. Before thoughtless extravagance may be prevented the following requisites must be present: 1. There must be an acute public want or emergency; and 2. The person seeking to stop it must be a government or private charitable institutions. \*\*\* **Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall pro- duce a cause of action for damages, prevention and other relief:** **(1) Prying into the privacy of another's residence;** **(2) Meddling with or disturbing the private life or family relations of another;** **(3) Intriguing to cause another to be alienated from his friends;** **(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.** Note: The violations mentioned in Article 26 are not exclusive but are merely examples and do not preclude other similar or analogous acts. What is the Philosophy behind the provision? The Code Commission stressed that in no uncertain terms that the human personality must be exalted. The sacredness of human personality is a concomitant consideration of every plan for human amelioration. **Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.** GR: A public officer, whether judicial, quasi-judicial or executive, is not personally liable to one injured in consequence of an act performed within the scope of his official authority, and in line of his official duty. XPN: However, "any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. **What is the scope of Art. 27?** It is limited to refusal or neglect to perform official duties. It covers only nonfeasance. **What are the requisites for Art 27?** 1. That the defendant is a public official charged with the performance of official duties; 2. That there be a violation of an official duty in favor of an individual; 3. That there be willingness or negligence in violation of such duty; and 4. That there be an injury to the individual. \*\*\* **Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machi- nation or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damages.** **What is unfair competition?** It is the employment of deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said result. (See Rabuya for further examples.) **Note: Articles 29 to 36 were skipped by Atty. Cordova.** **Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effects, is acquired and may be lost. (n)** Person Personality ---------------------------------------- ---------------------------------------------------------------------- Susceptible of rights and obligations. Aptitude to be the subject active or passive of juridical relations. **What are the kinds of persons?** 1. Natural; and 2. Artificial or Juridical. Note: Tangina pag di mo pa alam yan ewan ko na lang. +-----------------------------------+-----------------------------------+ | Juridical Capacity | Capacity to Act | +===================================+===================================+ | Aptitude of the subject for the | Aptitude for the exercise of such | | mere holding or enjoyment of | rights and to consummate | | rights. | juridical acts. | | | | | Fitness to be the subject of | Power to do acts with legal | | legal relations. | effects. | | | | | Same and always for all men. | Does not exist in all men. | | | | | Lost only through death. | May be lost through other means. | +-----------------------------------+-----------------------------------+ **Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.** **Art. 39. The following circumstances, among others, modify or limit the capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.** **A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law.** Note: Although the capacity to act of incapacitated persons are restricted or limited, they are not, however, exempt from certain obligations, as when these obligations arise from his acts or from property relations, such as easements. **Minority** It is defined as the state of a person who is under the age of legal majority and a minor is a person below eighteen years of age since majority commences upon attaining the age of 18. Note: According to Art. 1327 of the NCC, an unemancipated minor cannot enter into a contract. Two views regarding emancipation: Prior to R.A. 6809 R.A. 6809 -------------------------------------------------------------------------------- ----------------------------------------------------------------- The emancipation of a minor can take place by marriage and recorded agreement. Emancipation can take place only by the attainment of majority. **What happens to a contract entered into by a minor?** A contract entered into by a minor, without the consent or assistance of a guardian, is either voidable or unenforceable. **What are the effects of ratification of the foregoing contracts?** 1. It may be ratified by the guardian of the minor. If the contract. 2. When both the contracting parties are still minors, the ratification by the parent or guardian of one of the contracting parties has the effect of converting the contract to a voidable one. 3. If it's ratified by both of the parents of the contracting party, it shall be valid from the inception. **What is the prescription in an action for annulment of the aforementioned contracts?** It shall prescribe in four (4) years from the time the guardianship ceases. **What are the effects of misrepresentation by the minor?** 1. When a minor misrepresents his age and his physical features are such as to mislead the other party into believing that he is of age, the minor on reaching the age of majority can no longer annul the contract on the ground of estoppel. 2. Passive or constructive misrepresentation v. active misrepresentation: a. If he is only guilty of passive or constructive misrepresentation he will be still allowed to annul the contract upon attaining the age of majority. **Can a sale be annulled on the grounds of minority and alleged fraud and deceit by the buyer?** In the case of *Mercado v. Espiritu*, the plaintiffs sought the annulment of a deed of sale executed on May 17, 1910, claiming they were minors at the time of the sale and that the sale was procured through fraud and deceit by Luis Espiritu. The court cited decisions of the Supreme Court of Spain, which [support the principle that minors who misrepresent their age cannot later seek to annul the contract]. The court also referenced Section 333 of the Code of Civil Procedure, which deals with [estoppel]. The court concluded that the [plaintiffs had not suffered any actual damage or prejudice from the sale, as the total amount received (P3,000) was deemed a fair price for the land.] Therefore, the court affirmed the lower court\'s decision, dismissing the plaintiffs\' complaint. Note: See *Young v. Tecson*. **Can a contract of purchase and sale of the land become void due to the minority of one of the parties**? In the case of *Bambalan y Prado vs. Maramba*, [the court ruled that the contract of purchase and sale was void]. Here, [a minor plaintiff claims ownership of a piece of land, arguing that the contract of purchase and sale was void due to duress and his minority], resulting in the defendants not acquiring any right to the property. The SC held that as regards with the minority, the doctrine laid down in the case of [Mercado vs. Espiritu], wherein the [minor was held to be estopped from contesting the contract executed by him pretending to be of age], [is not applicable herein]. In the case now before us the plaintiff [did not pretend to be of age; his minority was well known to the purchaser, the defendant, who was the one who purchased] the plaintiff\'s first cedula to be used in the acknowledgment of the document. **What if the minor informed the buyers of his minority one month after the sale?** In the case of *Suan v. Alcantara*, the Court [found that the deed of sale was supported by valid consideration and that the minor\'s misrepresentation estopped him from disavowing the contract.] The Court also noted that the minor\'s subsequent ratification of the deed of sale upon receiving P500 further emphasized his bad faith. [The circumstance that, about one month after the date of the conveyance, the appellee informed the appellants of his minority, is of no moment, because appellee\'s previous misrepresentation had already estopped him] from disavowing the contract. **When do you file an action to annul a contract by reason of minority?** An action to annul a contract by reason of minority must be filed within 4 years after the minor has reached majority age (See *De Braganza v. De Villa Abrille*). **What are the difference between insanity and imbecility?** **Insanity** **Imbecility** --------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------- Is a person who while advanced in age has the mental capacity comparable to that of a child between two and seven years of age. Is one whose mental faculties are diseased. The imbecile is exempt in all cases from criminal liability. Not exempted if acted during lucid interval. Cannot make a valid will or testament or give their consent in contracts. Contracts entered into during a lucid interval are valid but the lucid interval must be proven as a matter of fact. Note: It is only that insanity which prevents a person from knowing the character of the act that he is performing as well as its legal effects which will be ground for annulment. **Is the word "insane" synonymous with the word "crazy"?** **No**, in the case of People v. Vaquilar, the SC held that testimonies suggesting that Vaquilar appeared \"crazy\" were [deemed inadequate to prove that he lacked the capacity to comprehend the nature of his actions or to differentiate right from wrong at the time of the killings]. The court referenced prior jurisprudence to [emphasize that emotional distress does not equate to mental derangement]. It highlighted the [necessity for compelling evidence of insanity]. The presumption of sanity must be convincingly rebutted. **Insanity at the time of the commission of the crime is required.** In the case of *People v. Rafa Jr.* the SC found that [the defense failed to provide clear and convincing evidence of the accused\'s insanity at the time of the crime.] The medical reports and expert testimonies presented by the defense [did not conclusively prove that Policarpio was completely deprived of intelligence or consciousness during the commission of the crime.] The court reiterated that for the insanity defense [to be valid, there must be a complete deprivation of intelligence or consciousness, which was not demonstrated in this case.] The court also noted that while [schizophrenia may impair mental faculties, it does not necessarily exempt an individual from criminal liability.] **Can deaf-mutes give consent?** Only deaf-mutes who do not know how to write are declared by law incapable of giving consent. Note: a contract entered into by a deaf-mute who does not know how to write is either voidable or unenforceable, depending on whether one or both of the parties are incapacitated. **Effects of Civil Interdiction** 1. Deprivation of the rights of parental authority or guardianship; 2. Deprivation of marital authority; 3. Deprivation of the right to manage his property; and 4. Deprivation of the right to dispose of his property by any act or any conveyance *inter vivos*. **Effects of Prodigality** The person will be placed under guardianship and he may only bound himself in a contract through his guardian. **NATURAL PERSONS** **Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.** **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. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.** It is birth that gives civil personality. Note: The requirement, however, that the conceived child must be "born later with the conditions specified in (Article 41)" is not a condition precedent to the right of the conceived child; for if it were, the first part of Article 40 would become entirely useless and ineffective. **Rights of the conceived child?** A conceived child has a provisional personality and it is entitled to the following rights: 1. right to support from its progenitors 2. may receive donations as prescribed by Article 742 of the Civil Code; and 3. it may not be ignored by the parent in his testament. **Can action for such damages could be instituted on behalf of the unborn child?** In the case of *Geluz v. CA* the husband filed an action against Geluz for the abortion of his unborn child. The Court held that: since an action for pecuniary damages on account of personal injury or death pertains primarily to the one injured, it is easy to see that if [no action for such damages could be instituted on behalf of the unborn child on account of the injuries it received, no such right of action could derivatively accrue to its parents or heirs.] In fact, [even if a cause of action did accrue] on behalf of the unborn child, the [same was extinguished by its pre-natal death], since no transmission to anyone can take place from one that lacked juridical personality. They cannot invoke Art. 40 because that same article expressly limits such provisional personality by [imposing the condition] that the child should be subsequently born alive: \"[provided it be born later with the conditions specified in the following article]\". In the present case, there is [no dispute that the child was dead when separated from its mother\'s womb]. **Does a conceived but unborn child have the right to support from its progenitors under Philippine law?** **Yes**, in the case of *Quimiguing v. Icao*, although it was not alleged that the child was born, the Court emphasized that a conceived child, although unborn, [is granted a provisional personality for all purposes favorable to it, as explicitly provided in Article 40] of the Civil Code of the Philippines. Note: The child in the Geluz case was aborted. **Art. 42. Civil personality is extinguished by death.** **The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.** Civil personality of a natural person is extinguished by death. However, the personality of a person may be extended even beyond his death and in this case his estate is considered an extension of his personality. In the case of *Limjoco vs. Intestate Estate of Fragante*: Fragante died during the pending of his application for a certificate of public conevenience to operate an ice plant. Issue: Can the estate of Fragante continue the application for a certificate of public convenience after his death? Ruling: Yes, the right to prosecute the application for a certificate of public convenience did not lapse upon Fragante\'s death. This right was considered a property right that survived to his estate, making it part of the assets of his estate. **Can a court acquire jurisdiction over a deceased defendant?** **No**, in the case of *Dumlao v. Quality Plastics Product*, the Supreme Court held that a judgment rendered against a deceased defendant is [null and void due to the lack of valid service of summons and jurisdiction]. [The court emphasized that a person\'s juridical capacity, which is the fitness to be the subject of legal relations, is lost through death.] Therefore, no valid service of summons can be effected upon a deceased person, and consequently, the court cannot acquire jurisdiction over them. **Can a habeas corpus proceeding be used to recover custody of a deceased person\'s body?** **Yes**, in the case of *Eugenio Sr. v. Velez*, the SC held that the habeas corpus petition was initially filed without knowledge of Vitaliana\'s death. The court also clarified that under Philippine law, a [common-law spouse is not recognized as a legal spouse. Therefore, Eugenio, who had a subsisting marriage with another woman, was not entitled to custody of Vitaliana\'s body.] The court cited [Article 294 of the Civil Code and Section 1103 of the Revised Administrative Code, which prioritize the nearest kin for burial duties.] \*\*\* **Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.** Article 43 applies only when the question of survivorship involves persons "*who are called upon to succeed each other"* and is not applicable where there is no question of succession. Note: If the question of survivorship involves persons who are not called upon to succeed each other, it is the rule on survivorship under the Rules of Court that shall govern and not Article 43 of the Civil Code. Rules on survivorship: 1. If both were under the age of 15 years, the older is deemed to have survived; 2. If both were above the age of 60, the younger is deemed to have survived; 3. If one is under 15 and the other above 60, the former is deemed to have survived; 4. If both be over 15 and under 60, and the sex be different, the male is deemed to have survived; if the sex be the same, the older; and 5. If one be under 15 or over 60, and the other between those ages, the latter is deemed to have survived. Application: See the case of *Joaquin v. Navarro*. The Supreme Court ruled that [the evidence presented was sufficient to infer] that Joaquin Navarro, Jr. died before his mother, Angela Joaquin. [Therefore, the statutory presumption of survivorship does not apply.] The decision of the Court of Appeals was reversed, and the distribution of the estates should be made in accordance with the trial court\'s decision. JURIDICAL PERSONS **Art. 44. The following are juridical persons:** 1. **The State and its political subdivisions;** 2. **Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;** 3. **Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.** **Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them.** **Private corporations are regulated by laws of general application on the subject.** **Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships.** **Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.** **Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same.** **What are juridical persons?** Juridical persons are artificial beings to which the law grants a personality distinct and separate from each individual member composing it and susceptible of rights and obligations, or of being the subject of legal relations. **When do corporate existence starts?** Commences to have corporate existence and juridical personality and is deemed incorporated from the date the Securities and Exchange Commission issues a certificate of incorporation under its official seal. **What is a partnership?** A contract of partnership is defined by law as one where two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. **What are the elements of a partnership?** 1. Where two or more persons bound themselves to contribute money, property, or industry to a common fund; and 2. They intend to divide the profits among themselves. GR: The agreement need not be formally reduced into writing, since statute allows the oral constitution of a partnership. XPN: When immovable property or real rights are contributed, and when the partnership has a capital of three thousand pesos or more. Note: Art. 1768. The partnership has a juridical personality separate and distinct from that of each of the partners, even in case of failure to comply with the requirements of article 1772, first paragraph. **Does Sole Proprietorship possess separate juridical personality?** A sole proprietorship does not possess a juridical personality separate and distinct from the personality of the owner of the enterprise. The law merely recognizes the existence of a sole proprietorship as a form of business organization conducted for profit by a single individual. **Art. 48. The following are citizens of the Philippines:** **(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines;** **(2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines;** 3. **(3) Those whose fathers are citizens of the Philippines;** 4. **(4) Those whose mothers are citizens of the Philippines and, upon** **reaching the age of majority, elect Philippine citizenship;** **(5) Those who are naturalized in accordance with law. (n)** **Art. 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.** **Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.** **Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions.**

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