Article 1-51 Flashcards
(153 cards)
1
Q
Article 2
A
Laws shall take effect after 15 days following the completion of their publication in the Official Gazette, or in a newspaper of general circulation, unless it is otherwise provided
2
Q
“Unless otherwise provided”
A
Refers to the effectivity date as stated in a law. However, said law will only take effect after its publication either in the Official Gazette or in the newspaper. If it states that the law shall take effect immediate upon approval, the law shall take effective immediately upon publication.
3
Q
Dura lex sed lex
A
It may be harsh, but it is the law
4
Q
Article 3
A
Ignorance of the law excuses no one from compliance therewith
5
Q
Latin maxim for ignorance of the law
A
Ignoratio legis non excusat
6
Q
Essence of Article 3
A
Before compliance is required, the law must first be promulgated. Laws are to be published because it is a constitutional provision for due process. Said publication is a conclusive presumption that every person in the Philippines is aware of the law. It includes both understanding of the literal meaning of the law, as well as the interpretations from the courts of justice.
7
Q
Ignorance of the law vs Mistake of fact
A
Ignorance of the law is equivalent to negligence and incompetence. Mistake of fact eliminates criminal intent as long as there is no negligence. Mistake of fact generally applies to foreign laws which the courts do not necessarily take note from.
8
Q
Doctrine of Processual Presumption
A
If a foreign law is not pleaded in Philippine courts, the presumption is that it is the same as local laws. The foreign law must be proved as a fact in order to be recognized by the courts.
9
Q
Article 4
A
Laws shall have no retroactive effect, unless the contrary is provided
10
Q
Prospective Laws
A
Laws shall be generally prospective in nature. To make laws retroactive would be a grave injustice to individuals who were innocent at the time the law was not yet passed. However, there can be retroactive laws in certain instance:
- When the law itself provide for the retroactivity, in which case it must NOT be an ex post facto law
- Penal laws which would be favorable to the accused, UNLESS the accused is a habitual delinquent
- Curative laws, in that it fixes irregularities in previous laws
- Remedial or procedural laws such as Rules of Court as the amended rules can be applied to pending cases
11
Q
Article 5
A
Acts executed against the provisions of mandatory and prohibitory laws shall be void, except when the law itself authorizes for their validity
12
Q
Essence of Article 5
A
Mandatory or prohibitory laws must generally be followed as acts in contrary would be void and sanctioned. However, the law may authorize the violation in the following cases:
- When the law makes the act not void (marriage), but voidable (forgery)
- What the law makes the act valid (marriage) but subjects the wrongdoer to criminal responsibility (less than 300 after being a widow)
- When the law makes the act void (annulled marriage), but recognize legal effects (children stay legitimate)
- When the law itself makes acts valid although they would generally be void (gambling, sweepstakes, etc)
13
Q
Article 6
A
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
14
Q
Essence of Article 6
A
Generally, rights may be waived except when it is contrary to law, public order, public policy, morals, good customs, AND when prejudicial to a third person with a legal right
15
Q
Elements of Rights
A
Active Subject - person entitled (ex. nagpautang)
Passive Subject - person obliged (ex. umutang)
Efficient Cause - fact that gives rise to the legal relation (ex. utang)
16
Q
Waiver
A
The intentional or voluntary relinquishment of a known right. The voluntary abandonment or surrender by a capable person. It has to meet the following requisites:
- Capacity to waive
- Clear and unequivocal
- A right must be possessed
- Not contrary to law, public morals, public policy, morals, good customs
- Not prejudicial to a third person with a legal right
17
Q
Rights that CANNOT be waived
A
- Right to life
- Alleged rights (ex. inheritance from living parents)
- Renunciations infringing public policy
- Prejudicial to third persons with a legal right
18
Q
Double Jeopardy
A
Under the Constitution, a person cannot be charged for the same crime where he/she has been acquitted.
19
Q
Article 7
A
Laws are repealed only by subsequents once, and their violation or non-observance shall not be excused by disuse, or custom, or practice to the contrary.
When the courts declare a law to be inconsistent with the law, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be void only when they are not contrary to laws or the Constitution.
20
Q
Kinds of Repeal of Laws
A
Express Repeal - expressly stated in the provisions of a new law
Implied Repeal - there are inconsistencies between the old and new law in that 1) both laws cover the same subject and 2) the new law is repugnant to the old law
21
Q
Effects of Repeal in Repealing Laws
A
Express - all previous laws shall not be revived
Implied - the 1st law which was repealed MAY be revived if the 2nd law has been repealed by a 3rd law UNLESS the language of the 3rd law says otherwise
22
Q
Article 8
A
Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines
23
Q
Essence of Article 8
A
The Judiciary is mandated to interpret and apply the laws in accordance with the Constitution, thus, judicial decisions also form part of the Philippine legal system. However, they are not to be considered as laws since this would be a judicial legislation which is a violation of the principle of separation of powers.
24
Q
Obiter Dictum/Dicta
A
Opinions unnecessary to the determination of a case. They are not binding, and cannot have the force of judicial precedents.
25
Article 9
No judge or court shall decline to render judgement by reason of the silence, obscurity or insufficiency of laws.
26
Duty of a Judge under Article 9
The courts or judges must give a decision, whether her knows what law to apply or not within 90 days. Failure to render a decision within 90 days will subject judge to an administrative sanction. In deciding, he may apply anny rule as long as it is in harmony with general interests, morals, order, and public policy. Other areas to take into consideration:
1. Customs not contrary to law, public order, and public policy
2. Foreign and local decisions on similar cases
3. Opinions of highly qualified writers and professors
4. Rules of statutory construction
5. Principles in analogous cases
27
Article 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
28
Rules in Statutory Construction in relation to Article 10
1. When the statute is clear, apply
2. When there are 2 interpretations, one which achieved legislative purpose is to be considered
3. In interpreting, one may consider the preamble, history of the law, deliberations, etc.
29
Article 11
Customs which are contrary to law, public order or public policy shall not be countenanced.
30
Requisites for Courts to consider customs
1. Customs to be proved as a fact
2. Must not be contrary to law
3. Plurality of acts
4. Must be uniformly performed
5. General practice by social group
6. Judicial intention to make a rule of social conduct
7. Sufficient lapse of time
31
Article 12
A custom must be proved as a fact, according to the rules of evidence
32
Article 13
When the law speaks of years, months, days and nights, it shall be understood that years are of 365 days; months, of 30 days; days, of 24 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.
33
Section 15, Rule 13 of the Rules of Court
Completeness of service
34
Years and months
Years - 12 months
Month - Next calendar month, and so on
35
Article 14
Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn the Philippine territory, subject to the principles of public international law, and to treaty stipulations
36
Theory of territoriality and generality
Exceptions under the RPC:
1. Public International Law
2. Treaty stipulations
3. Laws of Preferential Application
37
Article 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
38
Principle of Nationality
The applicability of Article 15 in so far as family rights and duties, status, condition, and legal capacity are concerned is to Filipinos only including those living abroad. Foreigners, on the other hand, are governed by their own national laws.
39
Article 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, whatever may be the nature of the property and regardless of the country wherein said property may be found.
40
Lex Rei Sitae
Property, whether real (immovable) or personal (movable), is governed by the law of the place where it is situated. Thus, shares of stocks by foreigners can still be taxed if the property is situated in the Philippines. However, lex rei sitae is not to be applied in cases of intestate and testamentary successions.
41
Successional Rights under Article 16 (Law of the Domicile)
Succession shall be governed by the national law of the deceased
1. Order of succession (sino ang heirs)
2. Amount of successional rights (ilang percent ang mana)
3. Intrinsic validity of the provisions of the will (nationality ng namatay)
4. Capacity to succeed (legal heir or not)
42
Article 17
The forms and solemnities of contracts, will, 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 the Philippine laws shall be observed in their execution.
Prohibitive laws concerning person, 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 of judgements promulgated, or by determinations of conventions agreed upon in foreign country.
43
Lex Loci Celebrationis
Extrinsic validity of forms and solemnities. These shall be governed by the laws of the country in which they are executed.
44
Rule of Extraterritoriality
Even if the act be done abroad, if it is executed before Philippine diplomatic and consular officials, the laws of the Philippines shall govern. In that, said offices are considered as extensions of Philippine territory.
45
Article 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
46
Essence of Article 18
It described the suppletory nature of the Civil Code in that in case of conflict, general and special laws prevail over the Civil Code.
The Civil Code is only superior when dealing with 1) common carriers and 2) insolvency
47
Article 19
Every person must, in the exercise of his right and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith
48
Essence of Article 19
It is the mother provision of Chapter 2 on Human Relations which highlights the principle of ABUSE OF RIGHTS
49
Why was Article 19 formulated?
To present basic principles for the rightful relationship between people and the maintenance of order. It serves as a guide for human conduct.
50
Elements of Abuse of Right
1. Legal right
2. Bad faith
3. Intent of Prejudice or Injury to another
51
Doctrine of Violenti Non Fit Injuria
Refers to self-inflicted injuries or exposing oneself to danger
52
Doctrine of Damnum Absque Injuria
When damages result from a person’s exercise of a right. There is no case to speak of in the first place.
53
Article 20
Every person who, contrary to law, willfully or neglectfully causes damage to another, shall indemnify the latter for the same.
54
Essence of Article 20
The article punishes illegal acts whether done willfully or neglectfully. There is negligence when there is:
1. A duty
2. Breach of duty
3. Cause of action
4. Injury
*Not all damage is produced by injury, especially if one does not possess the right. Thus, no damages can be recovered.
55
Article 21
Any person who willfully 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
56
Acts Contra Bonus Mores
1. There is a legal act
2. Contrary to good morals, good customs, or public policy
3. Intent to injure
57
What is the difference between Article 20 and 21
Article 20 refers to acts done willfully or negligently which are contrary to law
Article 21 refers to acts done WILLFULLY which are contrary to morals, good customs, or public policy
58
Can there be an action for breach to marry?
The breach of promise to marry is GENERALLY not an actionable wrong, However, a person may recover 1) ACTUAL (with receipts) damages if there had been an extensive preparation for the wedding, 2) MORAL (mental damage) damages if there had been seduction or abuse of confidence, 3) promise for marriage in return for sexual intercourse without any intention of keeping the promise
59
Article 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
60
Essence of Article 22
Principle of Unjust Enrichment wherein no person just be unjustly enriched at the expense of another. It is a duty to return what was acquire unjustly or illegally.
61
Requisites of an Accion in Rem Verso
1. Defendant had been enriched
2. Casual relations between the two
3. Unjustifiable enrichment
4. No other way to recover
5. Cannot exceed loss or enrichment, whichever is LESS
* There is no mistake
62
Article 23
Even when an act or event cause 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 of even he was benefited
63
Essence of Article 23
Equity. The plaintiff has the burden to prove the extent of benefit that was received by the defendant. This can be seen in cases such as conflagration where other houses were saved because of the plaintiffs house.
64
Article 24
In all contractual, property, or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.
65
Essence of Article 24
Duty of the State as PARENS PATRIAE or father or parent of his country. The State has to power to safeguard rights of those who cannot fight for themselves and minimize the risk of injustice due to their minority. This is a classic principle of equality before the law because extreme justice is extreme injustice.
66
Vigilant for His Protection
The doubt must be resolved in favor of the underdog.
67
Article 25
Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution.
68
Essence of Article 25
Generally, every person has the right to use their property in any way he desires. However, Article 25 presents some limitations on said right in times of emergencies in order to prevent inciting passions of those who cannot afford to spend. Action on Article 25 can be brought ONLY by government and private charitable institutions, thus, a mayor cannot order the stopping without a court order.
69
Article 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 produce 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 belief, lowly station in life, place of birth, physical defect, or other personal condition
70
Types of Damages
Moral - compensation for mental damage
Exemplary - deterrence to others not to commit the same
Nominal - small amount given by the court
Temperate - compensation for the absence of receipts
Actual - actual amount recovered based on receipts
Liquidated - breach of contract/agreement
71
Actions against Article 26
1. Action against damages caused by perpetrator
2. Action for prevention
3. Any other relief
72
Article 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
73
Essence of Article 27
The eliminate bribery in the government in the following forms:
1. Pabagsak - gift in return for an illegal act
2. Pampadulas - expedite a process
3. Pampasalamat - appreciation gift
74
Requisites of Article 27
1. Public Official (duty)
2. Violation of official duty (breach of duty)
3. Willfulness or negligence (cause of action)
4. Injury to the individual (injury)
75
Article 28
Unfair competition in agricultural, commercial or industrial enterprise or in labor through the use of force, intimidation, deceit, machination or any unjust, oppressive or high-handed method shall give rise to a right of action by the person who thereby suffers damage
76
Rationale for Preventing Unfair Competition
While competition is necessary in a free enterprise, it must not be unfair in that it deprives others of a fair chance to engage in business or earn a living
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Test of Unfair Competition
Whether certain goods have been INTENTIONALLY clothes with the same appearance in order to deceive the purchasers
78
Requisites of Unfair Competition
1. An injury to a competitor
| 2. Acts contrary to good conscience
79
Article 29
When the accused in criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.
DEPENDENT CIVIL ACTION
80
Culpa aquiliana
Quasi-delict separate and distinct from criminal negligence
81
Difference of Criminal Liability and Civil Liability
Criminal Liability AFFECTS SOCIAL ORDER, AGAINST THE STATE, PUNISHED FOR CORRECTION, AND GUILT MUST BE BEYOND REASONABLE DOUBT
Civil Liability AFFECTS PRIVATE RIGHTS, AGAINST INDIVIDUAL PERSON, FOR REPARATION OF DAMAGES, AND ONLY NEEDS PREPONDERANCE OF EVIDENCE
Aid: A - ffect
O - ffended Party
P - enalty
Q - uantum of Proof
82
Quantum of Proof
Criminal Case - GUILT BEYOND REASONABLE DOUBT
Civil Case - PREPONDERANCE OF EVIDENCE
83
Preponderance of Evidence
It is the qualification of evidence presented by both sides. Which side weighs more truth will receive affirmation from the court.
84
Principles between Criminal and Civil Cases
1. The general rule is that in a criminal case, the civil case is deemed instituted. A reservation must be expressly stated in the court before the presentation of evidence, in that there will be a separate civil case.
2. Acquittal of criminal action based on REASONABLE DOUBT, does not extinguish civil liabilities.
3. Quantum of Proof
4. Multiple civil cases cannot recover damages twice
5. A Person injured can file both criminal and civil case
85
Essence of Article 29
Criminal liabilities are harder to prove given the proof beyond reasonable doubt. Thus, victim may still be able to recover damages through civil liabilities.
However, if a person has been acquitted based on innocence, the civil liability is also extinguished.
86
Article 30
When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.
DEPENDENT CIVIL ACTION
87
Essence of Article 30
A civil case filed beforehand may be suspended in the event that a criminal action is instituted
88
Article 31
When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter
INDEPENDENT CIVIL ACTION
89
Essence of Article 31
When the obligation does not arise from the crime, but a different act such as contract or legal duty. Example: public transportation and the obligations of operators when their drivers commit crimes
90
Article 32
Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the government for redress of grievances;
(14) The right to be free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.
91
Instances when a civil action it NOT deemed instituted
1. Offended party waives civil action
2. Offended party reserves the filing of a separate civil action
3. Civil action was filed BEFORE criminal action
92
Essence of Article 32
While military officers are not restrained from pursuing their assigned tasks, they must observe constitutional and legal limitations. Public officers have the duty to the public and individuals, and may be filed for moral and exemplary damages in addition to other damages.
93
Article 33
In case of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal actions may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.
94
Article 34
When a member of a city or municipal police force refuses or fails to render air or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city of municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.
95
Essence of Article 34
Primary liability is against the member of the police force who refuses to render air or protection and a subsidiary liability is imposed on the city of municipality concerned in case of solvency. It speaks of municipal police force, not the police of National Government.
96
Article 35
When a person, claiming another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender, such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complain should be found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceeding.
DEPENDENT CIVIL ACTION
97
Essence of Article 35
If a complainant files a criminal case, but prosecution finds no ground, then while a civil case, a criminal case was opened, the civil case will be suspended
98
Article 36
Prejudicial questions, which may be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code
99
Prejudicial Question
A question which is based on a fact distinct and separate from the crime but so intimately connected with it that a resolution is determinative of the guilt or innocence of the accused. A prejudicial question is purely civil in nature, and NOT an action for damages.
100
Requisites of Prejudicial Question
1. Facts intimately related to how the criminal prosecution will be based
2. Issues raised in the civil action would determine guilt of defendant in the criminal case
3. Jurisdiction to try
101
Means of FISTS
```
F - orce
I - ntimidation
S - trategy
T - threat
S - tealth
```
102
Who may raise Prejudicial Questions
The defendant in a criminal case can raise the issue of prejudicial questions. The prosecution CANNOT raise prejudicial questions for a suspension of the trial because it is unfair to the defendant who should have the right to have the criminal case terminated as soon as possible.
103
Article 37
Judicial 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 effect, is acquired and may be lost.
104
Juridical Capacity
The fitness to be subject of legal relations. It is synonymous with personality. It is passive, inherent, lost through death, and can exist without capacity to act. It is enough that a person exists.
105
Capacity to Act
The power to do acts with legal effect. It may be restricted or limited. It is active and merely acquired. Lost through death and may be restricted by other causes. Always exists with juridical capacity.
106
Full Civil Personality
The union of both Juridical Capacity and Capacity to Act
107
Article 38
Minority, insanity or imbecility, the state of being 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.
108
Essence of Article 38
Restrictions of capacity to act based on circumstances of a person top perform certain juridical acts.
1. Minority (below 18)
2. Insanity (contracts entered during lucid intervals are valid)
3. Deaf-mute
4. Prodigality
5. Civil interdiction
109
Article 39
The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being 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.
110
Essence of Article 39
It includes other restrictions to the capacity to act like family relations and alienage in that it is broader.
111
Article 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.
112
Presumptive Personality
In contract with the medical notion that birth BEGINS in conception. In the Civil Code, birth determines personality in that even before the actual birth, there is already a personality, however, it is essential that birth should occur later. If the fetus dies before birth, it will be considered that a legal personality was never possessed.
113
Actual Personality
Personality really starts at birth. Under the Civil Code, a child is born is it is alive at the time of delivery. It will be considered as a person. This rule only applied to fetus having an intra-uterine life of AT LEAST 7 MONTHS. If less than 7 months and the fetus dies within 24 hours, considered are never born.
114
Rights of a Conceived Child
1. Right to support from progenitors even if still in the womb
2. Receive donations
3. Right not to be ignored by parent in his testament
115
Newborn
A child from the time of delivery to 30 days old
116
Article 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 like of less than 7 months, is not deemed born if it dies within 24 hours after its complete delivery from the maternal womb.
117
2 Kinds of Children
Ordinary - Inter-uterine life of at least 7 months, mere birth is sufficient
Extraordinary - Intra-uterine life be less than 7 months and the child must have lives for AT LEAST 24 hours
118
Article 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
119
How is civil personality extinguished
1. Physical death
| 2. Civil interdiction (civil death where there is loss or restricted rights)
120
Determination of Death through Laws
If a person is made a voluntary heir in the will of another and he dies before the testator, he cannot be represented by his heirs.
121
Article 43
If there is 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 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
122
Essence of Article 43
Applies to death between successors. It must meet the following requisites:
1. Question of survivorship
2. Issue involved successional rights
123
Article 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
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Classification of Juridical Persons
1. Public (Para 1 and 2)
| 2. Private (Para 3) - Personality begins upon receiving certificate of incorporation from the SEC
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Juridical Capacity of the Roman Catholic Church
An entity or person separate from the personality of the Pope or Holy See. It can acquire lands in the country. Not a Juridical person there being no provision of the law for their organization as one
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Article 45
Juridical persons mentioned in No 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
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Essence of Article 45
The nationality of the corporation is generally determined by the place of its incorporation with two (2) exceptions.
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Article 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
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Rights of Juridical Persons under Article 46
1. Acquire and possess properties of all kinds
2. Incur obligations
3. Bring civil or criminal action
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Article 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
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Essence of Article 47
Effect of dissolution of public corporations. Assets are distributed in accordance with the law or charter creating them. If there is no such provision, then assets will be distributed to the locality in which it benefited from during its existence.
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Citizenship vs Nationality
Citizenship - status of being a citizen or owing allegiance to a state for the privilege of being under its protection (POLITICAL)
Nationality - racial or ethnic relationship
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3 Kinds of Citizens
1. A. Native born - Filipino parents and born in the Philippines
B. Natural Born - Filipino parents but born in another country
2. Naturalized - Aliens who received Philippine citizenship through naturalization
3. Citizen by election - Children of Filipino mom and Alien dad who exercises the right to elect a citizenship before the age of majority
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Jus soli v Jus sanguinis
Jus soli - citizenship based on where a person is born
Jus sanguinis - citizenship based on bloodline
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Problem of Dual and Multiple Nationalities
1. Only Philippine courts can determine who are Filipinos
| 2. Dual citizenship is a concept from a third persons POV. A Filipino is only a Filipino in the Philippines.
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Stateless Individuals
Occurs when:
1. Deprived of a citizenship
2. Renouncing his nationality
3. Voluntary release from original state
4. Born in a jus sanguinis state with parents who follow jus soli
Under IL, stateless individuals shall either follow law of the domicile or law of the temporary residence
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Effect of Filipino Marriage to an Alien
Filipino Woman to Alien Man - retains her citizenship unless through omission, under the law, she has renounced her citizenship
Filipino Man to Alien Woman - automatic change naturalization for woman through execution of an affidavit. She must have all the qualifications AND NONE OF THE DISQUALIFICATIONS
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Article 48
The following are citizens of the Philippines...
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Article 49
Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.
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Naturalization
Process of acquiring the citizenship of another country. It is a judicial process where formalities of the law must be complied with, including a judicial hearing and approval of the petition. It is a PRIVILEGE , not a right and can NEVER be truly final.
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Qualifications for Naturalization
1. Petitioner must not be less than 18 years on the date of the hearing
2. Resided in the Philippines for continuous 10 years, reduced to 5 years if married to a Filipina, held public office, established an industry
3. Good moral character and believes in the principles of the Constitution
4. Own real estate in the Philippines or in a profession, lawful occupation
5. Speak and write English or Spanish and any one of the principal languages
6. Enrolled minor children in any school recognized by the Office of Private Education of the Philippines where history, government, and civics are taught
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Disqualifications for Naturalization
1. Opposed to the government
2. Defending or teaching violence and assault
3. Polygamists
4. Crimes of moral turpitude
5. Suffering mental alienation
6. Have not mingled with Filipinos
7. Citizens of states the Philippines is at war with
8. Citizens of states with no principle of reciprocity
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Steps in Naturalization
1. File a declaration of the intent to become a Filipino citizen to the Office of the Solicitor General
2. Petition will be heard
3. Petition will be decided on only after 30 days (MUST be published in the Official Gazette and newspaper for 3 consecutive weeks)
4. Once petition is approved, there will be a hearing 2 years after the promulgation of the judgement
5. Take the Oath of Allegiance to support and defend the Constitution
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Requisite after the Rehearing 2 years AFTER
The 2 years served as the probationary period for the State to have enough time to observe the candidate. Under RA 530, the candidate must:
1. Not left the Philippines for 2 years
2. Engage in a lawful profession
3. Non-conviction or any other violation
4. Commission of an act contrary to public policy
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How Citizenship is Generally Lost
1. Substitution of a new citizenship
2. Renunciation (expatriation)
3. Deprivation (as a form of punishment)
4. Release (renouncement)
5. Expiration (naturalized person within 5 years pemanently resides abroad)
6. Cancellation of certificate of naturalization
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RA 9225 (Citizenship Retention and Reacquisition Act of 2003)
Declares the natural-born citizens of the Philippines who become citizens of another country shall be deemed not to have lost their Philippine citizenship.
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Derivative Naturalization
Minors are deemed to have acquired a Philippine citizenship in cases where their Filipino parents reacquired their Philippine citizenship. Thus, the reacquisition must also apply to the minor child. If the child reaches the age of majority, the child is not qualified for derivative naturalization.
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Article 50
For the exercise of civil rights and the fulfillment of civil obligation, the domicile of natural persons is the place of their habitual residence
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Domicile vs Residence
Domicile - one’s permanent abode. A person can only have 1 domicile. It denotes a fixed permanent residence to which when absent, one has the intention of returning.
Residence - temporary. A person can have several residences. It is used to indicate a place of abode, whether permanent or temporary
A residence is not a domicile, but a domicile is a residence
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3 definitions of a domicile
Domicile of origin - domicile at birth
Constructive Domicile - assigned domicile in case of minority, insanity, or marriage (for women). It may change from time to time.
Domicile by choice - abandoning domicile of origin. Where one intends to return
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Principles of Domicile of Choice
1. Everyone has a domicile
2. ONE domicile
3. Everyone may change domicile
4. Remains a domicile, unless changed
- Actual presence in the domicile of choice
- Animus manendi (intent to remain)
- Animus nonrevertendi (intent NOT to return to original abode)
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Article 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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Essence of Article 51
Domicile of Juridical Persons depend on the domicile provided by the law creating or recognizing them. If there are no provisions, where their legal representation is or where they exercise their principal functions. Where the head office is located.
