Академический Документы
Профессиональный Документы
Культура Документы
- Publication in the Official Gazette & other newspapers. Article 19-21: ABUSE OF RIGHT
Laws of general application. Publication is mandatory
- Effectivity: 15 days AFTER publication, unless otherwise - Every person must act with justice, give everyone his DUE,
provided exercise GOOD FAITTH (Art. 19)
- Compensate for damages if willfully cause by actions
Article 3: IGNORANTIA LEGIS NON EXCUSAT contrary to morals, good customs or public policy (Art. 21)
- Mere breach of promise to marry NOT an actionable wrong
- XPN: (Kasilag v. Rodriguez) good faith, excused not to (Hermosisima v. CA)
know hard points in the law especially without counsel & - But can recover DAMAGES under Art. 21 for public
mistake of fact shame and humiliation (Wassmer v. Velez)
- VOLENTI NON FIT INJURIAself-inflicted
Article 4: NO RETROACTIVITY UNLESS PROVIDED
injury/injury with consent precludes recovery of damages
by one voluntarily exposing himself to danger
- XPN: Penal laws in favor of accused (criminal) remedial
laws (matters of admin) Article 22: UNJUST ENRICHMENT
Procedural laws
Laws affecting a SUBSTANTIVE - Return something acquired unjustly by an illegal act
RIGHT/VESTED RIGHT (Aruego v. CA) - REQs:
1. Enrichment in one party
Article 5: MANDATORY & PROHIBITORY LAWS 2. Loss in one party
3. Enrichment was ILLEGAL
- Mandatory laws>directory laws
4. Losing party has no other action
- Violating these laws are NULL & VOID
Article 26: RIGHT TO PRIVACY
Article 7: REPEAL OF LAWS & CONSISTENCY WITH
CONSTITUTION - Respect dignity, personality, privacy and peace of mins
- Action for damages for:
- Only laws can repeal laws (Frivaldo v. Comelec)
1. Prying into privacy of residence
Article 8: JURISPRUDENCE AS PART OF LEGAL SYSTEM 2. Meddling with or disturbing private life/family
relations
- Past SC decisions form part of the law of the land 3. Intriguing to alienate from friends
4. Vexing bec. of religion, lowly statues, place of birth,
Article 9-12: APPLICABILITY OF CUSTOM defect, other personal condition
- Can recover moral damages (Concepcion v. CA)
- Custom must be proved as fact. Courts can take custom into
consideration (Martinez v. Buskirk) Article 31-34: INDEPENDENT CIVIL ACTIONS
Article 13: PERIODS - Art.31 & Rule II Sec. 3 of RROCcivil actions (for
damages) may proceed independently of criminal
- 1 year365 days proceedings
- 1 month30 days - Requires only preponderance of evidence
- Month w/ nameno. of days or that specific month - Obligations between persons with CONTRACTUAL
- Counting1st day excluded, last day included relationship
- If civil action first, the civil action is deemed WAIVED
Article 15: NATIONALITY PRINCILPLE (Hambon v. CA)
- Laws binding to Filipino citizens even if living abroad Article 36: PREJUDICIAL QUESTION
- Capacity in making contracts
- Marriage governed by law in where you are married AS - Elements:
LONG AS not contravening PH laws 1. Civil action involves an issue intimately related to
- Real propertylaws where that property is located XPN in criminal issues
testamentary succession 2. Resolution of civil issue determines WON criminal
action can proceed
PERSONS-Midterms | 1
Article 40-41: COMMENCEMENT OF PERSONALITY - Inviolable social institution not subject to stipulation.
XPNpre-nup
- BIRTH determines CIVIL PERSONALITY
- < 7 months & dies within 24 hours, not deemed born Article 2: ESSENTIAL REQUISITES OF MARRIAGE
- Unborn child aborted does not have juridical personality
(Geluz v. CA)no damages claimed in its behalf 1. Legal capacity
- DEATH: cessation of life NOT only those who have 2. Male & female
acquired juridical personality could die 3. Consent freely given
4. Solemnizing officer
Article 42: CIVIL PERSONALITY EXUINGUISHED BY - Sex change not allowed in birth certificate because it will
DEATH violate Art. 2 (Silverio v. Republic)
PERSONS-Midterms | 3
Article 41: DECLARATION OF PRESUMPTIVE DEATH 2. Physical violence/moral pressure to change political or
religious affiliation
- ABSENCE: 4 years and WELL FOUNDED belief that the 3. Induce to engage in prostitution
absent spouse is already dead 4. Final judgement sentencing >6yrs. during marriage
- Disappearance with danger of death under Art. 391: 2 years 5. Drug addiction/habitual alcoholism
sufficient 6. Lesbianism/homosexuality
- Remarriagethere should be a judicial declaration of 7. Contracting bigamous marriage
presumptive death 8. Sexual infidelity/perversion
- REQUISITES FOR DECLARATION OF PD: 9. Attempt against life
1. Missing for 4 or 2 years 10. Abandonment >1 year without just cause
2. Present spouse wish to remarry
3. Well-founded belief of death A.M. No. 2-11-22: RULES GOVERNING LEGAL
4. File summary proceeding SEPARATION
- Well-founded belief, with diligent search and
effort (Republic v. Nolasco) - No declaration of default in legal separation even if >15
- Declaration of PD cannot be subject to ordinary days required to answer. File within 5 years by husband and
appeal. It is a summary proceeding which is final wife (Pacete v. Carriaga)
and executory. Appeal by Certiorari (Republic v.
Granada) Article 56: DENIAL OF PETITION FOR LEGAL
SEPARATION
Article 42: AFFIDAVIT OF REAPPEARANCE
1. Condonation of the offense
- A spouse declared PD and then appears may file an 2. Consent to the offense
AFFIDAVIT OF REAPPEARANCE or any interested 3. Connivance between parties
person. Mere appearance is not enough; affidavit must be 4. Both parties have given ground for legal separation
filed to render 2nd marriage void. (SSS v. De Bailon) 5. Collusion
- No need to secure affidavit if other spouse 6. Action barred by prescription
already dead because there is no more marriage - If both parties are guilty of a ground, cannot grant the
to restore and no subsequent marriage to revoke petition. If abandonment but with ust cause, cannot
consider it as a ground for legal separation on part of
Article 45: VOIDABLE MARRIAGES petitioner (Ong v. Ong)
- Non-disclosure of previous conviction by final judgement - Cohabitation with a woman not his wife
- Concealment of pregnancy by another man - Keep in the conjugal dwelling and have sex in scandalous
- Concealment of STD circumstances. Legal separation on this ground does not
- Concealment of drug addiction, habitual alcoholism, require conviction but only preponderance of evidence
homosexuality (Gandionco v. Penaranda)
- EXCLUSIVE LIST. No other may constitute
fraud
- Homosexuality per se is not a ground for annulment
- Impotence is never presumed, must be proven
PERSONS-Midterms | 4