GALLEGO, NELISA MAY G.

LAW those which exist among members of a society 1. 1935 and 1973 Constitution
- An ordinance of reason promulgated for the for the protection of private interests. 2. Statutes, laws, presidential decrees, or
common good by Him Who is in charge. executive orders which are applicable
HUMAN POSITIVE LAW 3. Administrative or general orders not contrary
- A reasonable rule of action, expressly or PRELIMINARY PROVISIONS to laws or Constitution (Art. 7, par. 3, Civil
directly promulgated by competent human ART. 1. THIS ACT SHALL BE KNOWN AS THE Code)
authority for the common good, but not “CIVIL CODE OF THE PHILIPPINES” 4. Customs (Art. 11, Civil Code)
necessarily, imposing a sanction in case of 5. Juridical decisions (Art. 11, Civil Code)
disobedience. The New Civil Code (RA 386)—August 30,1950 6. Decision of foreign courts
HUMAN POSITIVE LAW VS. MORALITY 7. Principles covering analogous cases
- Human positive law covers only external - Regulates the private relations of the members of 8. Principles of legal Hermeneutics
conduct and is enforced by the state; Morality, civil society; determines the rights and obligations with 9. Equity and the general principles
covers both external acts and internal reference to persons, things, and civil rights.
thoughts, enacted through moral legislation. BOOKS OF THE CIVIL CODE
Effectivity of Laws (Executive Order No. 200, dated
BASIS OF HUMAN POSITIVE LAW
June 18, 1987) 1. Persons and Family Relations
1. Morality
2. Legislative enactments 2. Property, Ownership, and its Modifications
- When a statute does not explicitly provide for its 3. Different Modes of Acquiring Ownership
3. Jurisprudence/ Judicial Decisions effectivity, it shall have the effect only after the
4. Conventions/Treaties 4. Obligations and Contracts
expiration of the 15-day period following the
5. Customs/Traditions completion of its publication either in the Official CHANGES MADE BY THE CIVIL CODE
CONCEPTS OF LAW “Derecho” and “Ley” Gazette or in a newspaper of general circulation in the
1. DERECHO—cause; effect and is given Philippines. Book I. Elimination of absolute divorce, creations of
2. LEY— specific law judicial/extrajudicial family homes, insertion of Human
CIVIL LAW Preliminary Title— General Principles Relations chapter, abolition of the “dowry” greater
- A branch of law that generally treats the rights for married women.
personal and family relations of an individual, HISTORY OF THE CIVIL CODE
his property and successional rights, and the Book II. New provisions on the quieting of the title;
effects of his obligations and contracts. - Spanish Codigo Civil creation of new easements; provisions of “censo” and
- Mass of percepts that determine and regulate - Recopilacion de las Leyes de las Indias “use and habitation” have been eliminated.
the relations of assistance, authority, and
SOURCES OF PH CIVIL LAW Book III. Revival of Holographic will; Successional
obedience among members of the family, and
rights; “Mejora” or “betterment” has been disregarded.
GALLEGO, NELISA MAY G.

Book IV. Defective contracts have been reclassified; mean that publication can be dispensed with, WHEN NO PUBLICATION IS NEEDED
New chapter of “reformation of contracts”; implied otherwise, that would be a violation of due
trust are enumerated; Creation of new quasi-contracts process. - If a law provides for its own effectivity
- “PUBLISHED” : MUST BE IN A MANNER - Publication in the Official Gazette is not
CODE OF COMMISSION (E.O. 48, MARCH 20, THAT IS WRITTEN (OFFICIAL GAZETTE/ necessary so long as it is not punitive in
1947) NEWSPAPER character such as Interpretative regulation and
those internal in nature need not be published
- Five members GENERAL RULE: LAWS MUST BE PUBLISHED IN (Announcements)
- Created by Manuel A. Roxas EITHER THE OFFICIAL GAZETTE OR A
- Dean Jorge Bacobo– Chairman NEWSPAPER OF GENERAL CIRCULATION. WHEN PUBLICATION IS NEEDED
- Need for an immediate revisions and
codification of PH laws in conformity with EXCEPTION: THE LAW MAY PROVIDE FOR - Unless otherwise provided, laws shall take
Filipino customs and ideals and keeping with ANOTHER MANNER OF PUBLICATION, effect after 15 days following the completion of
modern legislation. DIFFERENT MANNER—-CHANGE IN THE PERIOD the publication in the Official Gazette or in a
- Final draft— Dec. 16, 1947 OF EFFECTIVITY newspaper of general circulation
- Publication—Jan. 26, 1948 - The publication must be in full or it is no
- Approved draft—June 18, 1949 (RA 386) PUBLICATION publication at all, since its purpose is to inform
- Law—August 30, 1950 the public of the contents of the laws. (Tanada
- Civil Code- 2270 Articles (43% new - Making it known dissemination v. Tuvera)
provisions)
CHANGE PERIOD OF EFFECTIVITY: NEWSPAPER IN GENERAL CIRCULATION
REQUIREMENTS (METROPOLITAN BANK AND
- The gap between publication and effectivity TRUST COMPANY VS. PENAFIEL) G.R. NO.
ART.2. LAWS SHALL TAKE EFFECT AFTER should be reasonable under the 173976
FIFTEEN DAYS FOLLOWING THE COMPLETION circumstances.
OF THEIR PUBLICATION IN THE OFFICIAL 1. Local News
EFFECTIVITY DATE OF AN ORDINARY LAW 2. General Information
GAZETTE, UNLESS IT IS OTHERWISE PROVIDED.
THIS CODE SHALL TAKE EFFECT ONE YEAR 3. Bona fide subscription of paying subscribers
1. On the date it is expressly provided to take
AFTER SUCH PUBLICATION. 4. Published at regular intervals (soon to be
effect.
published/daily, weekly, monthly)
2. If no date is made, then after 15 days following
- This article provides the effectivity of the laws.
the completion of its publication in the Official INTERNET PUBLICATIONS
- “UNLESS OTHERWISE PROVIDED” refers
Gazette or in newspaper of general circulation
to when the law shall take effect. It does not
GALLEGO, NELISA MAY G.

- The supreme court said that although the - Except for constitutional officials who can - The meaning or interpretation given to said
e-commerce law recognized the admissibility trace their competence to act on the law by our courts of justice (Adong v. Cheong
in evidence of electronic data messages fundamental law itself— a public official must Seng Gee)
and/or electronic documents, does not make locate in the statute relied upon, a grant of
the internet a medium for publishing laws and power before he can exercise it. (Tayug Rural IGNORANCE OF THE LAW v. IGNORANCE OF THE
rules and regulations. (GARCILLANO VS. Bank v. CB) FACT
HOUSE OF REPRESENTATIVES G.R. NO.
170338) - Ignorance of the law is no excuse for
complying with the law, while ignorance of the
ART. 3. IGNORANCE OF THE LAW EXCUSES NO fact eliminates criminal intent as long as there
ONE FROM COMPLIANCE THEREWITH is no negligence.
ART. 2. COVERS:
- Ignorantia legis non excusat— without the Art. 4. LAWS SHALL HAVE NO RETROACTIVE
1. Presidential decrees and executive orders by maxim, the corrupt will make social existence EFFECT, UNLESS THE CONTRARY IS PROVIDED
the president in the exercise of his legislative unbearable, abuses will increase, and
powers ignorance will be rewarded. - LEX DE FUTURO JUDEX DE PRETERITO
2. Administrative rules and regulation if their (THE LAW PROVIDES FOR THE FUTURE,
purpose is to enforce or implement existing APPLICABILITY OF THE MAXIM THE JUDGE FOR THE PAST)
law pursuant to a valid delegation
3. City charter must be publish even if it is only - Applies to all kinds of domestic laws (civil or GENERAL RULE: Laws must be applied
applicable to a portion of national territory penal) prospectively
4. Interpretative regulation and those internal in - Grounds of expediency, policy and necessity
i.e., to prevent evasion of the law. RETROACTIVE LAW
nature need not be published
(Announcements) - The maxim refers to mandatory or prohibitive
laws not to permissive or supplementary laws. - one which creates a new obligation and
- Foreign law must be proven even if it is imposes a new duty or attaches a new
CONFLICT BETWEEN BASIC LAW AND
applicable, otherwise, the courts will presume disability with respect to transaction or
REGULATION
the foreign law to be the same as Philippine consideration already past.
- If conflict arises, basic law prevails. A rule or Law. - When a doctrine laid down by the Supreme
regulation cannot go beyond the terms and Court is overruled and a different view
provisions of the basic law. (Tayug Rural SCOPE OF IGNORANCE OF THE LAW adopted, the new doctrine should be applied
Bank v. CB) prospectively, and not apply to parties relying
GALLEGO, NELISA MAY G.

on the old doctrine and acting on the faith 4. Curative laws (the purpose is to cure defects 4. When the law itself makes certain acts valid
thereof. or imperfections in judicial or administrative although generally they would have been void
proceedings)
EXCEPTIONS: 5. 6. Interpretative laws, go beyond ART.6. RIGHTS MAY BE WAIVED, UNLESS THE
whatever is provided previously WAIVER IS CONTRARY TO LAW, PUBLIC ORDER,
1. When the law expressly provides for its retroactivity 6. 7. Laws which are of emergency nature PUBLIC POLICY, MORAL, OR GOOD CUSTOMS,
or are authorised by police power OR PREJUDICIAL TO A THIRD PERSON WITH A
2. When the law is curative or remedial; RIGHT RECOGNIZED BY LAW.
3. When the law is procedural; GENERAL RULE: Rights may be waived
Art.5. ACTS EXECUTED AGAINST THE
4. When the law is penal in character in so far as it - What one can waive are rights and not
PROVISIONS OF MANDATORY OR PROHIBITORY
favours the obligations
LAWS SHALL BE VOID, EXCEPT WHEN THE LAW
ITSELF AUTHORISES THEIR VALIDITY. - There is no form required for a waiver since a
accused who is not a habitual criminal, even though at
waiver is optional. You can waive by mere
the time of the enactment of such law final sentence
GENERAL RULE: ACTS WHICH ARE CONTRARY inaction, refusing to collect a debt.
has already been rendered.
TO MANDATORY OR PROHIBITED LAWS ARE
VOID REQUISITES OF A VALID WAIVER
EXCEPTION TO THE EXCEPTION:

- Refers to mandatory or prohibitory laws. 1. The person waving must be capacitated to make
A. Ex Post Facto Law
- Deals with the waiver of rights, not the waiver the waiver
B. Laws which impair the obligation of contracts (1987 of obligation or duties.
2. The waiver must be made clearly, but not
Constitution)
EXCEPTION: necessarily express
1. Penal laws insofar as it favours the accused
1. When the law makes the act not void but 3. The person waving must actually have the right
who is not a habitual criminal, even though at
the time of the enactment of such law final merely voidable at the instance of the victim
2. When the law makes the act valid, but 4. The waiver must comply with the formalities of a
sentence has already been rendered donation
2. Remedial law as long as it does not affect or subjects the wrongdoer to criminal
change vested rights responsibility
5. Must not be contrary to law, morals, public policy
3. When the law creates new substantive rights 3. When the law makes the act itself void, but
unless vested rights are impaired recognizes some legal effects flowing 6. Must not prejudice others with a right recognizable
therefrom by law.
GALLEGO, NELISA MAY G.

EXCEPTIONS: 4. Prejudicial to a third person with a right - Incompatibility of the subsequent and prior
recognized by law laws
1. When the waiver is contrary to law, public - THE NEW LAW ALWAYS PREVAIL OVER AN
order, public policy, morals or good customs RIGHTS THAT CAN BE RENOUNCED OLD LAW (inconsistent with the constitution)
2. When the waiver is prejudicial to a third person
with a right recognized by law ART. 7. LAWS ARE REPEALED ONLY BY LAPSES OF LAW
SUBSEQUENT ONES, AND THEIR VIOLATION OR
RIGHT NON-OBSERVANCE SHALL NOT BE EXCUSED BY - Law may lapse without the necessity of any
DISUSE, OR CUSTOM OR PRACTICE TO THE repeal as exemplified by the law granting the
- The power or privilege given to one person CONTRARY. WHEN THE COURTS DECLARE A president, Emergency Powers or the annual
and as a rule demandable of another LAW TO BE INCONSISTENT WITH THE appropriations law.
CONSTITUTION, THE FORMER SHALL BE VOID
Rights may be: AND THE LATTER SHALL GOVERN. EFFECT IF THE REPEALING LAW IS ITSELF
ADMINISTRATIVE OR EXECUTIVE ACT, ORDERS REPEALED
1. Real right- enforceable against the
AND REGULATIONS SHALL BE VALID ONLY
whole world (absolute rights) - When a law which expressly repeals a prior
WHEN THEY ARE NOT CONTRARY TO THE LAWS
2. Personal right- enforceable against a law is itself repealed, the law first repealed
OR THE CONSTITUTION.
particular individual (relative rights) shall not be thereby revived, unless expressly
HOW LAWS ARE REPEALED: so provided.
WAIVER - When a law which repeals a prior law, not
1. EXPRESS expressly but by implication, is itself repealed,
- The intentional or voluntary relinquishment of
- specific declaration that the law is revoked and the repeal of the repealing law revives the
a known right, or such conduct warrants an
abrogated by another /legislative body prior law, unless the language of the repealing
inference of the relinquishment of such
- Incorporating repealing provision which statute provides otherwise.
right—May be expressed or implied.
expressly and specifically cites the particular
law or laws, and portion thereof that are NON OBSERVANCE OF THE LAW
intended to be repealed.
- Declaration in a statute— - Disuse, custom, or practice to the contrary
RIGHTS THAT CANNOT BE RENOUNCED
- Specific laws to be amended does not repeal a law.
1. Natural rights–Right to life 2. IMPLIED
EXECUTIVE FIAT CANNOT CORRECT A MISTAKE
2. Alleged rights which do not yet exist - no specific declaration but has inconsistencies
IN THE LAW
3. Those renunciation of which would infringe with the past law/ legislative body
upon public policy
GALLEGO, NELISA MAY G.

- A mistake in a law or legislation cannot be of this principle is one of the main sources of the same point at issue, should be decided in
corrected by executive fiat but by another abuse of power by administrative officials. the same manner.
legislation. - An administrative officer cannot change a - OBITER DICTA, opinions not necessary to
congressional law by a wrong interpretation of the determination of a case.
UNCONSTITUTIONAL LAWS, TREATIES, it.
ADMINISTRATIVE OR EO - Decisions of administrative officers should not HOW JUDICIAL DECISIONS MAY BE ABROGATED
be disturbed by the courts except when the
- All cases in which the constitutionality or former have acted without jurisdiction or in 1. By a contrary ruling by the Supreme Court
validity of any treaty, international or executive grave abuse of discretion. itself
agreement, law, presidential decree, 2. By corrective legislative acts of congress
proclamation, order, instruction, ordinance, or
regulation is in question. (Sec 5 (2) (a), Art, ART. 9. NO JUDGE OR COURT SHALL DECLINE
VIII) ART. 8. JUDICIAL DECISIONS APPLYING OR TO RENDER JUDGEMENT BY REASON OF THE
INTERPRETING THE LAWS OR THE SILENCE, OBSCURITY, OR INSUFFICIENCY OF
GROUNDS FOR DECLARING A LAW CONSTITUTION SHALL FORM A PART OF THE THE LAWS.
UNCONSTITUTIONAL LEGAL SYSTEM OF THE PHILIPPINES
- When a statute is silent or ambiguous this is
1. Enactment of a law may not be within the JUDICIAL DECISIONS one of the fundamental principles which the
legislative powers of the law making body courts invoke in order to arrive at a solution
2. Arbitrary methods may have been established - It forms part of the legal system but they are that would respond to the vehement urge of
3. The purpose or effect violates the constitution not laws. conscience
or its basic principles - They are evidence of what the law means. - A judge must give a decision, whether he
- LEGIS INTERPRETATIO LEGIS VIM knows what law to apply or not.
When the court declares a law to be inconsistent with OBTINET (interpretation place upon the
the constitution it only means that the Constitution is written law by a competent court has the force ART. 10. IN CASE OF DOUBT IN THE
supreme. of law) INTERPRETATION OR APPLICATION OF LAWS, IT
- Supreme Court decisions are authoritative and IS PRESUMED THAT THE LAWMAKING BODY
SUPREMACY OF THE CONSTITUTION precedent setting; inferior courts decisions and INTENDED RIGHT AND JUSTICE TO PREVAIL.
court of appeals–merely persuasive.
- “Administrative or Executive Acts”--- asserts - A necessary article so that it may tip the
- STARE DECISIS, adherence to the
the supremacy of law and the constitution over scales in favour of right and justice when the
precedence; once a case has been decided
administrative or executive acts. The disregard law is doubtful or obscure. It strengthens the
one way, then another case, involving exactly
determination of the courts to avoid an
GALLEGO, NELISA MAY G.

injustice which may apparently be authorised practised as a rule of society, through the - There is a presumption that a person acts
by some way of interpreting the law. implicit approval of the lawmakers, and which according to the custom of the place.
- DURA LEX SED LEX, the law may be harsh is, therefore, generally OBLIGATORY and - A custom is presumed not to exist when those
but it is still the law. LEGALLY BINDING. who should know, do not know of its existence
- IN CASE OF DOUBT, the lawmaking body
intended right and justice to prevail. REQUISITES BEFORE THE COURT CAN KINDS OF CUSTOM
CONSIDER CUSTOMS
JUDICIAL CONSTRUCTION AND 1. GENERAL CUSTOM
INTERPRETATION A. Custom must be proved as a fact, according to - Custom of the place— one where an
the rules of evidence act transpires.
- Courts have the principal function of not only B. The custom must not be contrary to law - A general custom if in conflict with the
resolving legal controversies but also of (Contra Legem), public order, or public policy local custom, the latter will prevail.
interpreting and construing vague provisions of C. There must be a number of repeated acts However, if proof is absent, a general
law relative to a particular dispute. D. The repeated acts must have been uniformly custom is presumed to be the custom
Construction, verily is the art or process of performed of the place.
discovering and expounding the meaning and E. There must be a juridical intention (convictio 2. PROPTER LEGEM (In accordance with the
intention of the authors of the law with respect juris seu necessitatis) to make a rule of social law)
to its application to a given case, where that conduct 3. CONTRA LEGEM (Against the law)
intention is rendered doubtful, among others F. There must be a sufficient lapse of time 4. CUSTOMS EXTRA LEGEM
by reason of the fact that the given case is not - Constitute sources of supplementary
explicitly provided for in the law. (Caltex vs. LAW V CUSTOM law. In default, of specific legislation on
Palomar, 15 SCRA 247) Judicial decisions the matter.
applying and interpreting the law shall form a. Law- written, consciously made, and enacted
part ofthe legal system of the Philippines. by Congress; superior to a custom as a source ART.13. WHEN THE LAW SPEAKS OF YEARS,
of right MONTHS, DAYS, OR NIGHTS, IT SHALL BE
ART.11.CUSTOMS WHICH ARE CONTRARY TO b. Custom- unwritten, spontaneous, and comes UNDERSTOOD THAT YEARS ARE OF THREE
LAW, PUBLIC ORDER OR PUBLIC POLICY SHALL from society. HUNDRED SIXTY-FIVE DAYS EACH; MONTHS, OF
NOT BE COUNTENANCED. THIRTY DAYS; DAYS OF TWENTY-FOUR HOURS;
ART. 12. A CUSTOM MUST BE PROVED AS A AND NIGHTS FROM SUNSET TO SUNRISE.
CUSTOMS FACT, ACCORDING TO THE RULES OF
EVIDENCE. IF MONTHS ARE DESIGNATED BY THEIR NAME,
- A rule of human action (conduct) established THEY SHALL BE COMPUTED BY THE NUMBER
by repeated acts, and uniformly observed or OF DAYS WHICH THEY RESPECTIVELY HAVE.
GALLEGO, NELISA MAY G.

IN COMPUTING A PERIOD, THE FIRST DAY CIVIL SOLAR MONTH RULE IF THE LAST DAY IS A SUNDAY OR A
SHALL BE EXCLUDED, AND THE LAST DAY LEGAL HOLIDAY
INCLUDED. - The general rule is when months are not
designated by name, a month is understood to - In an ORDINARY CONTRACT, the general
1. TEN MONTHS- 300 DAYS be only 30 days. rule is that an act is due even if the last day be
- A debt payable in ten months must be paid at a SUNDAY or a LEGAL HOLIDAY
the end of 300 days, and not on the same date “DAY” applied to filing of PLEADINGS - A debt due on SUNDAY must, in the absence
of a month, ten months later. of an agreement, be paid on that SUNDAY—
2. ONE YEAR- 365 DAYS - If a pleading is submitted at 11:40 pm (after this is because obligations arising from
- EXCEPTION. In computing the age of a office hours), it is properly filed since a day contracts have the force of law between
person– A person becomes 21 years old on consists of 24 hours— the pleading was duly contracting parties. (ART. 1159 CIVIL CODE)
his 21st anniversary, and not on the date received by a person authorised to do so. - When the time refers to a period prescribed or
arrived at by multiplying 21 by 365 days. - The petition is considered filed from the time of allowed by the RULES OF COURT, by an
- In case the law speaks of years: it is believed mailing– “ the practice in our courts is to ORDER OF THE COURT, or by any other
that the number of years involved should be consider the mail as an agent of the APPLICABLE STATUTE, if the last day is a
multiplied by 365. government, so that the date of mailing has SUNDAY or a LEGAL HOLIDAY, it is
- If a crime that is committed today prescribes always been considered as the date of the understood that the last day should really be
ten years, the end of said period would be filing of any petition, motion or paper. (PH V the next day, provided said day is neither a
365x10 or 3,650 days from today— In effect, Katipunan Labor Union) Sunday nor a legal holiday.
the period will be shorter than when the
PROOF THAT THERE IS A PRESUMPTION THAT A “ON OR ABOUT” envisage
calendar reckoning is used because years are
LETTER IS DULY DIRECTED AND MAILED WAS
LEAP YEARS.
RECEIVED (NAVA V COMMISSIONER OF - Envisage a period, months or even two or four
3. MARCH = 31 DAYS
INTERNAL REVENUE) years before the date indicated
- If in a contract it is stipulated that
performance should be done in the 1. The letter must have been properly addressed “UNTIL FURTHER NOTICE” prescribes
month of March, the act can still be with postage period
validly performed on March 31. 2. The letter must have been mailed - Reference to a limit to the extension of the
4. ONE WEEK= 7 SUCCESSIVE DAYS contract conditional on a future event,
- But a week of labour, in the absence of COMPUTATION OF PERIODS specifically the receipt by the concessionaire
any agreement, is understood to of a notice of termination from the grantor.
comprehend only six labour days. - The first day shall be excluded and the last (MANILA INTL’ AIRPORT AUTHORITY V. CA)
day included (Art. 13, last par., Civil Code)
GALLEGO, NELISA MAY G.

EXCEPTIONS. AND LEGAL CAPACITY OF PERSONS ARE

BINDING UPON CITIZENS OF THE PHILIPPINES,
ART. 14. PENAL LAWS AND THOSE OF PUBLIC a. PRINCIPLE OF PUBLIC INTERNATIONAL EVEN THOUGH LIVING ABROAD.
SECURITY AND SAFETY SHALL BE OBLIGATORY LAW
UPON ALL WHO LIVE OR SOJOURN IN - Immunities granted to diplomatic NATIONALITY RULE
PHILIPPINE TERRITORY; SUBJECT TO THE officials and visiting heads of states,
PRINCIPLES OF PUBLIC INTERNATIONAL LAW provided the latter do not travel - A Filipino citizen regardless of his / her
AND TO TREATY STIPULATIONS incognito—travelling incognito is location will be governed by Philippine Laws
accepted as long as the government with respect to his or her family rights and
THEORIES OF TERRITORIALITY AND officials, heads of states have the duties, or to his or her status,condition and
GENERALITY knowledge, therefore, entitled to legal capacity. (Art. 15 of CC)
immunity.
- Any offence committed within our territory - If the INCOGNITO travel is without the LAW GOVERNING REAL PROPERTIES
offends the state. knowledge and permission, immunity
- Any person whether citizen or alien, can be GENERAL RULE: The law of the country where the
cannot be invoked and may be
punished for committing a crime here. real property is situated shall be the governing law
arrested, unless they reveal their
- Even aliens, male or female come under our over such property.
identity—IMMUNITY IS GIVEN.
territorial jurisdiction– aliens owe some - A friendly foreign army will be given
allegiance even if it be temporary EXCEPTIONS : National Law of the deceased in
permission to march or be stationed in cases of
our country, said army is usually
QUES. MAY THE SEIZURE BE MADE ALTHOUGH
exempt from civil and criminal a. Order of succession;
THE VESSEL WAS ON THE HIGH SEAS?
responsibility. (RAQUIZA V.
ANS. YES. (ASAALI, et al, V. COMMISSIONER OF BRADFORD) b. Amount of successional rights whether intestate or
CUSTOMS) b. PRESENCE OF TREATY STIPULATIONS testamentary succession.
- PH-UNITED STATES MILITARY
a. The vessels were of Philippines registry, but BASES AGREEMENT– contains STATUS in CIVIL LAW
RPC, our penal laws may be enforced even provisions which exempts certain
- Includes qualities and relations
outside our territorial jurisdiction. members of the armed forces of the
- More or less permanent in nature
b. It is well settled in international law that a state US from the jurisdiction of our courts.
- Not ordinarily terminable at his own will
has the right to protect itself and its revenues,
a right not limited to its own territory, but ART. 15. LAWS RELATING TO FAMILY RIGHTS
STATUS in BOUVIER’S LAW DICTIONARY
extending to the high seas. AND DUTIES OR TO THE STATUS, CONDITION
GALLEGO, NELISA MAY G.

- Sum total of a person’ rights, duties and CAPACITY TO ENTER INTO ORDINARY c. Capacity to get married depends not
capacities CONTRACT on the national law of the parties, but
on the law of the place where the
STATUS by SANCHEZ ROMAN - Governed by international law of the person, marriage was entered into (LEX LOCI
and not by the law of the place where the CELEBRATIONIS OR LOCUS REGIT
- Considers civil status the distinct consideration contracts was entered into (LEX LOCI ACTUM), subject to certain exceptions.
of a person before the civil law CELEBRATIONIS)
- “Frank’s capacity should be judged by his ART. 16. REAL PROPERTY AS WELL AS
SCOPE national law and not by the law of the place PERSONAL PROPERTY IS SUBJECT TO THE LAW
where the contract was entered into” OF THE COUNTRY WHERE IT IS SITUATED.
a. Family rights and duties (parental authority,
INSULAR GOV’T V. FRANK –CLEAR
marital authority, support) HOWEVER, INTESTATE AND TESTAMENTARY
IMPLICATION OF ART. 15.
b. Status SUCCESSIONS, BOTH WITH RESPECT TO THE
- The law of the place where the contact was
c. Condition ORDER OF SUCCESSION AND TO THE AMOUNT
made should be used, was immaterial, for they
d. Legal Capacity OF SUCCESSIONAL RIGHTS AND TO THE
happened to be the same; if the contract
happened in the Philippines, under the INTRINSIC VALIDITY OF TESTAMENTARY
APPLICABILITY
doctrine of LEX LOCI CELEBRATIONIS, the PROVISIONS, SHALL BE REGULATED BY THE
- Rule of a private international law contact would now be considered invalid. NATIONAL LAW OF THE PERSON WHOSE
- Stresses the principle of nationality SUCCESSION IS UNDER CONSIDERATION,
CAPACITY TO ENTER INTO OTHER RELATIONS WHATEVER MAY BE THE NATURE OF THE
QUES. DOES ART. 15 APPLY TO FILIPINOS PROPERTY AND REGARDLESS OF THE
MERELY? - Not necessarily governed by the national law COUNTRY WHEREIN SAID PROPERTY MAY BE
of the person concerned. Thus: FOUND.
ANS. YES—insofar as PH laws are concerned. a. Capacity to acquire, encumber, assign,
donate or sell property depends on the CONFLICTS RULES ON PROPERTY (LEX REI
- A Filipino husband is still a husband, under our law of the place where the property is SITAE)
law, wherever he may be or may go. (YANEZ situated (LEX SITUS OR LEX REI
V. FUSTOM SITAE) - Property, whether real or personal, is as a rule
b. Capacity to inherit depends not on the governed by the LEX REI SITAE ( law of the
ANS. NO—in the sense that nationals of other national law of the heir, but on the place where the property is situated)
countries are also considered by us being governed in national law of the decedent. - Inevitable that the rule should be, for real
matters of status, etc. by their OWN NATIONAL LAW. property— is attached to the land, and
GALLEGO, NELISA MAY G.

contrary rule may render a judgement on the - Rule occurs in the case of successional rights. 2. Is a reference to the WHOLE of the
land ineffective or incapable of enforcement. - The following matters are governed by the foreign law, including its CONFLICTS
national law of the deceased. RULES
APPLICATION OF LEX REI SITAE DOCTRINE a. Order of succession
b. Amount of successional rights ART.17. THE FORMS AND SOLEMNITIES OF
- Shares of stock of a foreigner, even if personal c. Intrinsic validity of the provisions of a CONTRACTS, WILLS, AND OTHER PUBLIC
property, can be TAXED in the will INSTRUMENTS SHALL BE GOVERNED BY THE
PHILIPPINES–as long as the PROPERTY IS d. Capacity to succeed LAWS OF THE COUNTRY IN WHICH THEY ARE
LOCATED IN THIS COUNTRY. (WELLS EXECUTED.
FARGO BANK V. COLLECTOR OF INT. DEFECT OF ART. 16. PAR. 2
REVENUE) WHEN ACTS REFERRED TO ARE EXECUTED
- Bank deposits in the Philippines even if QUES. IF A FILIPINO DIES LEAVING LANDS IN BEFORE THE DIPLOMATIC OR CONSULAR
belonging to a foreigner may be the subject of CHINA, SHOULD THE INVENTORY OF HIS ESTATE OFFICIALS OF THE REPUBLIC OF THE
attachment proceedings. (ASIATIC REQUIRED BY OUR COURTS INCLUDE THE PHILIPPINES IN A FOREIGN COUNTRY, THE
PETROLEUM CO V. QUICO) LANDS IN CHINA? SOLEMNITIES ESTABLISHED BY THE PH LAW
- TAXES may be imposed on dividends from SHALL BE OBSERVED IN THEIR EXECUTION.
shares in a gas corporation situated in the ANS. YES.
PHILIPPINES even if the stockholders do not PROHIBITIVE LAWS CONCERNING PERSONS,
reside here. (MANILA GAS CORP V. COL ) - Because we have the total value of his estate THEIR ACTS OR PROPERTY, AND THOSE WHICH
- If the sale of shares of the capital stock was for eventual distribution to his heirs HAVE FOR THEIR OBJECT PUBLIC ORDER,
NEGOTIATED, PERFECTED, and - ART. 16 (2), it is our law that should govern PUBLIC POLICY, AND GOOD CUSTOMS SHALL
CONSUMMATED in another country—PH their disposition. NOT BE RENDERED INEFFECTIVE BY LAWS OR
cannot impose income tax on said sale. Since, - ART.16 (2), applicable only to properties JUDGEMENTS PROMULGATED, OR BY
all factors took place in another country– the located in the Philippines DETERMINATIONS OR CONVENTIONS AGREED
source of the capital gain–INCOME DERIVED UPON IN A FOREIGN COUNTRY.
RENVOI PROBLEM
ABROAD. Under our present laws, only
corporate income derived from PH sources DOCTRINE OF LEX LOCI CELEBRATIONIS (1st
- Means Referring back par.)
may be taxed in our country. (COLLECTOR - The problem arises when there is a doubt as
OF INTERNAL REVENUE V ANGLO to whether a reference in our law to a foreign - Insofar as extrinsic validity is concerned.
CALIFORNIA NATIONAL BANK) law: - A contract entered into by a Filipino in Japan
1. Is a reference to the INTERNAL LAW will be governed by Japanese law insofar as
EXCEPTION TO LEX SITUS RULE
of said foreign law
GALLEGO, NELISA MAY G.

form and solemnities of the contract are a. Contract of sale of human flesh even if RULE IN CASE OF CONFLICT BETWEEN THE
concerned. valid where made, cannot be given CIVIL CODE AND OTHER LAWS
- If a power of Attorney is executed in Germany, effect in the PH.
German laws should determine its formal b. Absolute divorce granted Filipinos - The Civil Code shall only be SUPPLETORY.
validity. ( GERMANN AND CO V. abroad, even if valid where given, - EXCEPT: if otherwise provided under the Civil
DONALDSON) cannot be recognized in the PH Code
inasmuch as under the Civil Code, - Special law prevails over the Civil Code, which
FORMALITIES FOR THE ACQUISITION, absolute divorce is prohibited (except is general in nature.
ENCUMBERING, OR ALIENATION PROPERTY Mohammedan Filipinos are concerned)
c. A US court allowed a mother living with WHEN THE CIVIL CODE IS SUPERIOR
- Governed by LEX REI SITAE a man other than her husband to
- If a parcel of land is located in the Philippines, 1. COMMON CARRIERS
exercise authority over her child with
whatever nationality or wherever it is sold, the - The Code of Commerce
the lawful husband—cannot be
law of the Philippines will govern because the supplies the deficiency
enforced in the PH. EXCEPT: in the
land is located here. (EXCEPTION TO LEX 2. INSOLVENCY
case of separation of his parents, no
LOCI CELEBRATIONIS) - The special laws supply the
child under 7 years old shall be
deficiency
separated from his mother, unless a
RULE OF EXTERRITORIALITY (2ND PAR. )
court order–Even adultery is not a
- Even if the act is done abroad, if executed reason.
before PH DIPLOMATIC and CONSULAR THE CASE OF USURY
INTRINSIC VALIDITY OF CONTRACTS
OFFICIALS—PH LAWS SHALL BE
OBSERVED. The theory is that the act is - In case of Conflict, the NEW CIVIL CODE
- No mention is made of the law that should applies.
being done within an extension of PH territory. govern the intrinsic validity of contracts in
general. RULE IN STATUTORY CONSTRUCTION
RULE RESPECTING PROHIBITIVE LAWS (3RD
- LEX LOCI VOLUNTATIS and LEX LOCI
PAR.)
INTENTIONIS - GENERAL RULE: Special law governs in
- A foreign law, contract, or judgement can be case of conflict.
ART. 18. IN MATTERS WHICH ARE GOVERNED BY - Civil Code cannot apply because there is no
given effect—The reason is that public policy
THE CODE OF COMMERCE AND SPECIAL LAWS, deficiency in the matter in this special law.
in the Philippines prohibits the same.
THEIR DEFICIENCY SHALL BE SUPPLIED BY THE
PROVISIONS OF THIS CODE. CHAPTER 2. HUMAN RELATIONS
GALLEGO, NELISA MAY G.

ART.19. EVERY PERSON MUST, IN THE EXERCISE ACTING WITH JUSTICE AND GIVING ANOTHER be offered by complainant, whose identity and
OF HIS RIGHTS AND IN THE PERFORMANCE OF HIS DUE integrity can hardly be material where the
HIS DUTIES, ACT WITH JUSTICE, GIVE matter involved is of public interest.
EVERYONE HIS DUE, AND OBSERVE HONESTY a. Art. 20- indemnification of another due to
AND GOOD FAITH. illegal acts INEXPERIENCED “COUNSEL de OFICIO”
b. Art. 21- indemnification due to immoral acts
ELEMENTS OF ABUSE OF RIGHTS c. Art. 24- unfair competition LAMES V. LASCIERAS
d. Art. 22- unjust enrichment
1. There is a legal duty or right “Incompetence does not necessarily make him
2. Which is exercised in bad faith OBSERVANCE OF HONESTY AND GOOD FAITH unfit to be a member of the bar”
3. For the sole intent of prejudicing or
injuring another a. Art.26- respect for the personality and dignity EFFECT OF A PLEA FOR SOCIAL JUSTICE
of others
PURPOSE: b. Art.25-restraint of undue extravagance SALONGA V. FARRALES
c. Art.31-independent civil action
- Present basic principles that are to be “The law on obligations and contracts
observed for the rightful relationship between HONESTY cannot be nullified just because of a
human beings and the stability of the social plea for social justice. To nullify is
order - Careful regard for others right and property beyond the power of the courts.”
- Everyone duly respect the right of others
GOOD FAITH “Social justice provisions in the 1973
- Indicate certain norms that spring from the
Constitution cannot defeat the law on
fountain of good conscience.
- Honest intention to avoid taking undue obligations and contracts, and cannot
- Guides for human conduct should run as
advantage of another take away the rights from a person and
golden threads through society, to the end that
give to them to another who is entitled
law may approach its supreme ideal, which is ANONYMOUS COMPLAINT thereto. Surely, this is beyond the
the sway and dominance of justice.
power of the courts to grant.
ANONYMOUS COMPLAINT V. ARAULA
SCOPE
EFFECT OF A VEILED THREAT ON
“ Although the Supreme Court does not as a DISPENSERS OF JUSTICE
- Acting with justice rule act on anonymous complaints, cases are
- The giving to everyone his due accepted in which the charge can be fully IN RE LAURETA AND
- The observance of honesty and good faith borne by public records of indubitable integrity, MARAVILLA-ILLUSTRE
thus needing no corroboration by evidence to
GALLEGO, NELISA MAY G.

“To subject justices to the threat of an which warrant his dismissal from another person that degree of care, precaution
investigation or prosecution for official office.” and vigilance, which the circumstance greatly
acts is to subvert their independence. demands, whereby such other person suffers
“RA 7877 (ANTI-SEXUAL injury.”
LAW AND EQUITY HARASSMENT ACT OF 1995) allows
for an independent action for damages ART. 20. EVERY PERSON WHO, CONTRARY TO
ESCONDE V. BARLONGAY and other affirmative relief.” LAW, WILLFULLY OR NEGLIGENTLY CAUSES
DAMAGE TO ANOTHER, SHALL INDEMNIFY THE
“Justice is done according to law. As a PRINCIPLE ABUSE OF RIGHTS LATTER FOR THE SAME.
rule, equity follows the law. There may
be obligation, often regarded as an TAN V. VALERIANO - Punishes illegal acts whether done willfully or
equitable consideration but if there is negligently.
no enforceable legal duty, the action Elements of abuse of rights: - “Whoever by act or omission causes damage
must fail although the disadvantaged to another, there being fault or negligence, is
party deserves commiseration or a. The existence of a legal right or
obliged to pay for the damage done” (for
sympathy. duty
quasi-torts)
b. Which is exercised by bad faith
c. With sole intent of prejudicing TORTS
or injuring another
SEXUAL HARASSMENT IS ABOUT POWER a. SPANISH TORT- based on negligence
EXERCISED BY A SUPERIOR OVER A DEVELOPMENT BANK OF THE PH V. b. AMERICAN TORT- based on malice
SUBORDINATE CARPIO
WHEN NO ACTION FOR DAMAGES WOULD
PAISTE V. MAMENTA, JR. “The DBP may file an action for damages PROSPER
based on Art. 19 of the NCC against
“Sexual harassment, in the workplace respondents for unlawfully taking the - If someone is damaged, he does not
is not about a man taking advantage of certificate of title, which served as security for necessarily have the right to be indemnified. It
a woman by reason of sexual desire– it their loan.” is essential that some of his rights be
is about POWER being exercised by a impaired.
superior over his women-subordinates. FERNANDO V. CA - Error and wrong do not mean the same
thing–”Wrong”- where there is a wrong there is
“Constituted serious misconduct “Negligence has been defined as the failure to
a remedy.
prejudicial to the interest of the service observe for the protection of the interests of
GALLEGO, NELISA MAY G.

WHEN JUDICIARY CAN INTERFERE IN adopt standards which barely satisfy criteria ART. 22. EVERY PERSON WHO THROUGH AN
DECISIONS OF RELIGIOUS TRIBUNALS set for government recognition.” ACT OF PERFORMANCE BY ANOTHER, OR ANY
OTHER MEANS, ACQUIRES OR COMES INTO
FONACIER V. CA ART. 21. ANY PERSON WHO WILLFULLY CAUSES POSSESSION OF SOMETHING AT THE EXPENSE
LOSS OR INJURY TO ANOTHER IN A MANNER OF THE LATTER WITHOUT JUST OR LEGAL
“Expulsion of a member of the Filipino THAT IS CONTRARY TO MORALS, GOOD GROUND, SHALL RETURN THE SAME.
independent church who had not been given CUSTOMS OR PUBLIC POLICY SHALL
any notice or opportunity to be heard is not COMPENSATE THE LATTER FOR THE DAMAGE. - No person should unjustly enrich himself at the
conclusive upon civil courts when a property expense of another.
right is involved.” - Was intended to expand the concept of torts in - NEMO EX ALTERIUS INCOMMODE DEBET
this jurisdiction by granting adequate legal LECUPLETARI (NO MAN OUGHT TO BE
“Civil courts have jurisdiction to inquire into the remedy for the untold number of moral wrongs MADE RICH OUT OF ANOTHER’S INJURY)
jurisdiction of religious tribunals and the which is impossible for human foresight so
regularity of their procedure; and may even specifically provided in the statutes. (PNB V. CIR V. FIREMAN’S INSURANCE CO., et al
subject their decisions to the test of fairness or CA)
to the test furnished by the Constitution and - “The acts of petitioner in forcibly abducting - No person shall unjustly enrich himself at the
laws of the Church.” (HIGHEST TRIBUNAL) private respondent and having carnal expense of another. The government is not
knowledge with her against her will, and exempted from the application of this doctrine.
“Civil courts cannot pass upon the thereafter promising to marry her in order to Hence, if the government has already realised
abandonment of faith by a member of the escape criminal liability, only to renege on the revenue which is the object of the
church nor upon restatement of articles of such promise after cohabiting with ther for 21 imposition of the subject stamp tax, it is not
religion since these are unquestionably years, irremissible constitute acts contrary to justified to require the payment of the same
ecclesiastical matters, which are outside the morals and good customs.” (BUNAG V. CA) tax for the same documents.
province of civil courts” (45 Am. Jur.)
MALICIOUS PROSECUTION DELA TORRE V. COMELEC
COURTS CANNOT SET ASIDE RULES
ONG V. ENRILE - The duty not to appropriate, or to return,
PENA V. NLRC anything acquired either by mistake or with
“Malicious prosecution includes baseless civil malice is so basics it finds expression in some
“As long as the standards fixed are reasonable suits intended to vex and humiliate the key provisions of the Civil Code
and not arbitrary, courts are not at liberty to set defendant despite the absence of a cause of
them aside. Schools cannot be required to action or probable cause.” QUANTUM MERUIT
GALLEGO, NELISA MAY G.

KABISIG V. YOUNG BUILDERS CORP render it illegal, or ineffectual. However, the - The state as parens patriae is under the
employer should indemnify the employee, in obligation to minimise the risk to those who,
- A party is entitled to adequate compensation the form of nominal damages, for the violation because of their minority, are as yet unable to
only for such pecuniary losses actually of his right to statutory due process. take care of themselves fully.
suffered and duly proved.
- To determine the compensation due and to ART.23. EVEN WHEN AN ACT OR EVENT VIGILANT FOR HIS PROTECTION
avoid unjust enrichment from resulting out of a CAUSING DAMAGE TO ANOTHER’S PROPERTY
fulfilled contract, the principle of quantum WAS NOT DUE TO THE FAULT OR NEGLIGENCE - Protects the labouring class which face
meruit may be used. Under this principle, a OF THE DEFENDANT, THE LATTER SHALL BE obvious disadvantages
contractor is allowed to recover the reasonable LIABLE FOR INDEMNITY IF THROUGH THE ACT
value of the services rendered despite the lack OR EVENT HE WAS BENEFITED. INADMISSIBILITY OF CONFESSIONS OBTAINED
of a written contract. THROUGH COERCION
DUTY TO INDEMNIFY BECAUSE OF BENEFIT OF
ESSENTIAL REQUIREMENTS OF AN “ACCION IN BENEFIT RECEIVED - A confession obtained through coercion,
REM VERSO” whether physical, mental, or emotional is
- Unless there is a duty to indemnify, unjust inadmissible. What is essential for a
1. One party must be enriched and the other enrichment will occur. confession’s validity is that it proceeds from
made porer the free will of the person confessing. Courts
2. There must be a casual relation between the ART.24. IN ALL CONTRACTUAL, PROPERTY OR should be slow in accepting such confessions
two OTHER RELATIONS, WHEN ONE OF THE unless corroborated by other testimony.
3. The enrichment must not be justifiable PARTIES IS AT A DISADVANTAGE ON ACCOUNT Besides, constitutional provisions on the
4. There must be no other way to recover OF HIS MORAL DEPENDENCE, IGNORANCE, matter of extrajudicial confessions must be
5. Indemnity cannot exceed the loss or INDIGENCE, MENTAL WEAKNESS, TENDER AGE observed.
enrichment, whichever is less. OR OTHER HANDICAP, THE COURTS MUST BE
VIGILANT FOR HIS PROTECTION. PHIL.MFG.CO V. NLU
INDEMNITY IN THE FORM OF NOMINAL
DAMAGES PARENS PATRIAE “Labourers contracted temporarily or without
any designated time or period of time
AGABON V. NLRC - Father or parent of his country previously determined, or for an unspecified
- Sovereign power of the state in safeguarding work, have the right to be notified one month
- The SC held that where the dismissal is for an the rights of persons under disability, such as ahead that their services would no longer be
authorisation caused, the lack of statutory due the insane and the incompetent. necessary to their employers. The labourers
process should not nullify the dismissal, or shall have the right in case of immediate
GALLEGO, NELISA MAY G.

dismissal to the salary corresponding to said GOVERNMENT OR PRIVATE CHARITABLE the wife, girl who makes love to a married man
month. Any waiver by the labourer of these INSTITUTIONS. and disturbs his family,and intriguing against
privileges is null and void. another’s honour.
- Thoughtless extravagance during 3. Intriguing to cause another to be alienated
PHIL. BLOOMING MILS ORG V. PHIL BLOOMING emergencies may incite the passions of those from his friends—-includes gossiping, and
MILLS CO who cannot afford to spend reliance on hearsay
4. Vexing or humiliating another on account
“It would be an unfair labour practice for an WHO CAN BRING THE ACTION? of his— religious beliefs, lowly station in life,
employer to prohibit his employees and place of birth, physical defect, or other
labourers from joining a mass demonstration - Only a charitable institution may bring the
personal conditions
against alleged police abuses.” action; A Mayor should stop any desire of
display of extravagance but he needs to ask DUTY TO RESPECT DIGNITY AND PRIVACY
PHIL. LONG DISTANCE TEL. CO V. PHIL LONG for a court order.
DISTANCE TEL.WORKERS - This article enhances human dignity and
ART.26. EVERY PERSON SHALL RESPECT THE personality. Social equality is not sought, but
“The right to fire employees must not be DIGNITY, PERSONALITY, PRIVACY AND PEACE due regard for decency and propriety.
abused.” OF MIND OF HIS NEIGHBOURS AND OTHER
PERSONS. THE FOLLOWING AND SIMILAR ACTS, REMEDIES
MALAYANG SAMAHAN NG MGA MANGGAGAWA THOUGHT THEY MAY NOT CONSTITUTE A
sa M. GREENFIELD et al., V. HON. RAMOS et al. CRIMINAL OFFENCE, SHALL PRODUCE A CAUSE 1. An action for damages
OF ACTION FOR DAMAGES, PREVENTION AND 2. An action for prevention
“A local union, being a separate and voluntary OTHER RELIEF. 3. Any other relief
association, is free to serve the interests of all
its members, including the freedom to A civil action may be instituted even if no crime
disaffiliate or declare its autonomy. Hence, is involved, and moral damages may be
there cannot be any valid dismissal.” 1. Praying the privacy of another’s obtained.
residence—-respect for another’s name,
ART.25.THOUGHTLESS EXTRAVAGANCE IN picture or personality except needed for SURVEILLANCE CAMERA AND RIGHT TO
EXPENSES FOR PLEASURE OR DISPLAY publication of information and legitimate news PRIVACY
DURING A PERIOD OF ACUTE PUBLIC WANT OR value.
EMERGENCY MAY BE STOPPED BY ORDER OF 2. Meddling with or disturbing the private life “Such installation should not cover places
THE COURTS AT THE INSTANCE OF ANY or family relations of another—-includes where there is reasonable expectation of
alienation of the affections of the husband or privacy, unless the consent of the individual,
GALLEGO, NELISA MAY G.

whose right to privacy would be affected, was and is personally liable therefore like a private a valid information charges an incumbent
obtained. individual. public officer with: (1) violation of RA 3019; (2)
- Civil Service Law to punish a public officer violation of Title 7, Book II of the RPC; (3) any
ART. 27. ANY PERSON SUFFERING MATERIAL OR - OMBUDSMAN (prosecutor by criminal acts of offence involving fraud upon government; (4)
MORAL LOSS BECAUSE OF A PUBLIC SERVANT government officials) any offence involving fraud upon public funds
OR EMPLOYEE REFUSES OR NEGLECTS, - MANDAMUS a case file to a person require to or property”
WITHOUT JUST CAUSE, TO PERFORM HIS perform a task without having any discretion/
OFFICIAL DUTY MAY FILE AN ACTION FOR public official “Fraud— an instance or an act of trickery or
DAMAGES AND OTHER RELIEF AGAINST THE deceit especially when involving
LATTER, WITHOUT PREJUDICE TO ANY QUES.Can the office of the ombudsman be misrepresentation”
DISCIPLINARY ADMINISTRATIVE ACTION THAT compelled by mandamus to file a case against a town
MAY BE TAKEN. mayor for a crime committed? VIOLATION OF SEC. 3(B) OF RA 3019

- To end the pabagsak or bribery system, where ANS. No, the filing of a cse depends on whether there 1. The offender is a public officer
the public official for some flimsy excuse, is a probable cause (probably committed a crime and 2. Who requested or received a gift, a present, a
delays or refuses the performance of his duty there is an evidence to prove such) or whether there share, a percentage, or a benefit;
until he gets some kind of pabagsak. is a prima facie case, based on the evidence in its 3. On behalf of the offender or any other person;
possession. This is a discretionary function not a 4. In connection with a contract or transaction
THREE KINDS OF BRIBES: ministerial function, and the ombudsman with the government;
1. PABAGSAK- the gift given so that an illegal thing 5. In which the public officer, in an official
may be done. MAPAGU V. CA capacity under the law, has the right to
intervene.
2. PAMPADULAS- the gift given to facilitate or “Refusal or omission of a public official to
expedite the doing of a legal thing. perform his official duty is attributable to malice or EJERCITO V. SANDIGANBAYAN
inexcusable negligence. In any event, the erring
3. PAMPASALAMAT- the gift given in appreciation of public functionary is justly punishable under this “Cases of unexplained wealth are similar to
a thing already done. Article for whatever loss or damage the complaint cases of bribery or dereliction of duty and is
may sustain. not exempt from the rule making banks
- Cases against public officials deposits confidential”
- A public officer who commits a tort or other BUSTILLO V. SANDIGANBAYAN
wrongful act, done in excess or beyond the “A public office is a public trust and any person
scope of his duty, is not protected by his office “Under the Anti-Graft and Corrupt Practice Act, who enters upon its discharge does so with
suspension from office is mandatory whenever
GALLEGO, NELISA MAY G.

the full knowledge that his life, so far as “A public officer cannot be held liable to those DISINI V. SANDIGANBAYAN
relevant to his duty, is open to public scrutiny” injured as a result of his act within the scope of his
official capacity and duty—Judicial, quasi-judicial or TWO ELEMENTS OF CORRUPTION OF
CONSUNJI V. VILLANUEVA executive official. PUBLIC OFFICIALS

“A public office is a public trust implies that SARMIENTO CORP V. WORKMEN’S 1. That the official, makes offers or promises, or
until the last day of one’s tenure, strictest COMPENSATION COMMISSION gives gifts or presents to a public officer; and
compliance with one’s duties is necessary” 2. That the offers or promises are made or the
“Death benefits given to an employee should gifts or presents are given to a public officer
LAIG V. CA not be held liable for hospital and medical under circumstances that will make the public
expenses of the employee. Said expenses officer liable for direct bribery or indirect
“High officials is not liable for the mistakes of should be borne by the employer” bribery
their assistants, as long as as said high
officials were not motivated by malice” APPLICABILITY OF THE CIVIL SERVICE LAW DIRECT BRIBERY

AZUCENA V. EMMANUEL “Applies to government-owned or controlled 1. Public officer accepting an offer or promises or
corporations” receiving any gift by him or another–connected
“A judge cannot be held liable for not returning to his duties
any property that has been seized if there BRIBES, KICKBACKS, AND OTHER SIMILAR 2. Whether direct or indirect–can affect the public
were conflicting claims as to the ownership of PAYMENTS (NIRC SEC.34) trust, agency of government and judiciary
a certain property. The question of title can be 3. A crime involving moral turpitude—disbarment
determined by a civil case” - No deduction from gross income shall be of a lawyer
allowed for any payment made, directly or
ATIENZA V. PEREZ indirectly, to an official or employee of the ART.28. UNFAIR COMPETITION IN
National Government, or to an official or AGRICULTURAL, COMMERCIAL OR INDUSTRIAL
“Those in the government service, are bound employee of any Local Government Unit, or to ENTERPRISES OR IN LABOUR THROUGH THE
by rules of proper and decorous behaviour in the an official or employee of a USE OF FORCE, INTIMIDATION, DECEIT,
office premises and high-strung and belligerent government-owned or controlled corporation, MACHINATION OR ANY OTHER UNJUST,
behaviour has no place in the government service. or to an official or employer or representative OPPRESSIVE OR HIGH- HANDED METHOD
Self-restraint and civility must be embodied at all of a foreign government, or to a private SHALL GIVE RISE TO A RIGHT OF ACTION BY
times” corporation, general professional partnership, THE PERSON WHO THEREBY SUFFERS
or a similar entity, if the payment constitutes a DAMAGES
PH MATCH CO. LTD V. CITY OF CEBU
bribe or kickback.
GALLEGO, NELISA MAY G.

- Necessary system of free enterprise but “monopolistic or oligopolistic market deserve reasonable doubt, there is still a chance that
outlawing unfair competition our careful scrutiny and laws which barricade the civil liability can be held to exist because of
the entry points of new players in the market preponderance of evidence.
AYUDA V. PEOPLE should be viewed with suspicion” - An acquittal on the ground that the guilt of the
defendant has not been satisfactorily
“The damage to the state is not measured established is equivalent to one on reasonable
exclusively by the gain of appellant,but also by doubt, and does not preclude or prevent a civil
the fact that one violation would mean other, ART.29. WHEN THE ACCUSED IN A CRIMINAL suit under Art.29.
and there would be a consequential PROSECUTION IS ACQUITTED ON THE GROUND
breakdown of the beneficial system of price THAT HIS GUILT HAS NOT BEEN PROVED CRIMINAL AND CIVIL LIABILITIES
controls” BEYOND REASONABLE DOUBT, A CIVIL ACTION
FOR DAMAGES FOR THE SAME ACT OR - A person criminally liable is also civilly liable.
CALTEX V PEOPLE OMISSION MAY BE INSTITUTED. SUCH ACTION - Criminal–affects social order; Civil–private
REQUIRES ONLY A PREPONDERANCE OF rights
“A strike to obtain better terms and conditions EVIDENCE. UPON MOTION OF THE DEFENDANT, - Even if the accused is acquitted because of a
of employment is a legitimate labour activity THE COURT MAY REQUIRE THE PLAINTIFF TO prescription of the crime, he is released only
recognized by law and is legal and does not depend FILE A BOND TO ANSWER FOR DAMAGES IN from criminal responsibility, not civil liability;
on the reasonableness of the demands. Unfair labour CASE THE COMPLAINT SHOULD BE FOUND TO otherwise the victim would be prejudiced.
practice acts may be committed by the employer BE MALICIOUS
against workers on strike. A strike is not abandonment CIVIL CASE MAY PROSPER EVEN AFTER
of employment and workers do not cease to be IF IN A CRIMINAL CASE THE JUDGEMENT OF ACQUITTAL OF CRIMINAL CASE:
employed in legal contemplation” ACQUITTAL IS BASED UPON REASONABLE
DOUBT, THE COURT SHALL SO DECLARE. IN 1. Civil obligation is based ex contractu and not
TEST OF UNFAIR COMPETITION THE ABSENCE OF ANY DECLARATION TO THAT ex-maleficio or ex-delicto
EFFECT, IT MAY BE INFERRED FROM THE TEXT 2. The decision did not state that the fact from
“Whether certain goods have been which the civil liability might arise did not, in
OF THE DECISION WHETHER OR NOT THE
intentionally clothed with an appearance which fact, exist
ACQUITTAL IS DUE TO THAT GROUND
is likely to deceive the ordinary purchasers 3. The acquittal is equivalent to one based on
exercising ordinary care” - Criminal liability is harder to prove than civil reasonable doubt as to guilt, and does not,
liability because the former demands proof of prevena suit to enforce the civil liability for the
TATAD V. SEC. OF THE DEPT. OF ENERGY
guilt beyond reasonable doubt; the other, mere same act or omission.
preponderance of evidence. Now then, if
criminal conviction is not obtained because of
GALLEGO, NELISA MAY G.

“Civil liability in a criminal case may exist only if there PENDENCY OF THE CIVIL CASE, A - Bringing independent civil action is permissive,
is criminal liability” PREPONDERANCE OF EVIDENCE SHALL not compulsory.
LIKEWISE BE SUFFICIENT TO PROVE THE ACT - The obligation does not arise from a crime, but
“Even without reservation, an injured party in a COMPLAINED OF from some other act- like a contract or a legal
criminal case, which results in the acquittal of the duty
accused, can recover damages based on quasi-delict” - No independent civil action
INSTANCES WHEN THE LAW GRANTS AND
“Unless the complainant intervenes and actively “Accused-appellant’s civil INDEPENDENT CIVIL ACTION
participates in the criminal case, an acquittal of the liability based on sources other than the
accused would not bar the institution of a independent subject delict survives, and the victim may file Art.32- breach of constitutional and other rights
civil action” a separate civil action against the estate of
accused- appellant as may be warranted by Art.33- defamation, fraud, physical injuries
“If supported by a preponderance of evidence, a court law and procedural rules”
in a criminal case is allowed to award damages Art. 34- refusal or failure of city of municipality police
against an acquitted accused” “The death of the accused-appellant, during to give protection
the pendency of his appeal, extinguished not
only his criminal liability, but also his civil Art.2177- quasi delict or culpa aquiliana
liabilities arising from or based on the crime”
BUNAG V. CA “ Civil action for recovery of government funds
ART.31. WHEN THE CIVIL ACTION IS BASED ON in the hands of a postmaster can prosper
“Criminal liability will give rise to civil liability ex AN OBLIGATION NOT ARISING FROM THE ACT independently of a charge of malversation–
delicto only if the same felonious act or OR OMISSION COMPLAINED OF AS A FELONY, the obligation arises from law (ex lege) and the
omission results in damage or injury to another SUCH CIVIL ACTION MAY PROCEED obligation to return the money arises ex
and is the direct and proximate cause thereof. INDEPENDENTLY OF THE CRIMINAL delicto”
Hence, extinction of the penal action does not PROCEEDINGS AND REGARDLESS OF THE
carry with it a declaration in a final judgement “A civil action complaint for separation of
RESULT OF THE LATTER
that the fact from which the civil case might property can continue even if a criminal action
arise did not exist” INDEPENDENT CIVIL ACTION for concubinage is subsequently filed”

ART.30. WHEN A SEPARATE CIVIL ACTION IS - Brought distinctly and separately from a “Even if an accused is acquitted of the crime of
BROUGHT TO DEMAND CIVIL LIABILITY ARISING criminal case allowed for considerations of malversation for the failure to prove criminal
FROM A CRIMINAL OFFENCE, AND NO CRIMINAL public policy– proof for civil cases is less than intent and establish guilt beyond reasonable
PROCEEDINGS ARE INSTITUTED DURING THE the required for criminal case doubt—the government may still file a civil
GALLEGO, NELISA MAY G.

action to recover the government funds NOT A STRANGER TO THE CASE LIBERTIES OF ANOTHER PERSON SHALL BE
disbursed by him without prior authority” LIABLE TO THE LATTER FOR DAMAGES:
“The husband of the judgement debtor cannot
RA 1379 ANTI-GRAFT LAW: be deemed a stranger to the case prosecuted 1. Freedom of religion
and adjudged against his wife which would 2. Freedom of speech
1. Unlawful acquisition allow the filing of a separate and independent 3. Freedom to write for the press or to maintain a
2. Conveying or transferring unlawfully action” periodical publication
acquired properties 4. Freedom from arbitrary or illegal detention
MODES BY WHICH CIVIL LIABILITY “EX 5. Freedom of suffrage
IMPOSITION OF CIVIL LIABILITY NOT PROPER IF: DELICTO” MAY BE ENFORCED” 6. The right against deprivation of property
without due process of law
1. There was the reservation as to the civil 1. Through a civil action that is instituted in the 7. The right to a just compensation when private
aspect criminal action property is taken for public use
2. Failure to file a motion for reconsideration 2. Through a civil action that is filed separately 8. The right to the equal protection of the laws
does not result in waiver or either before the criminal action or after, upon 9. The right to be secure in one’s person, house,
abandonment—Abandonment requires more reservation of the right to file it separately in papers, and effects against unreasonable
convincing quantum of evidence the criminal action searches and seizures
3. Proof should be given with respect to the
10. The liberty of abode and of changing the
amount QUES. WHEN IS THE CIVIL ACTION BASED ON
same;
THE DELICT SAID TO BE EXTINGUISHED?
EFFECT OF ACQUITTAL IN A CASE 11. The privacy of communication and
ANS. The civil action based on the delict is correspondence;
- The dismissal of the civil action CANNOT extinguished if there is a finding in the final judgement 12. The right to become a member of associations
constitute a bar to the criminal suit for the two in the criminal action that the act or omission from or societies for purposes not contrary to law;
actions are entirely distinct from each other, which the civil liability may arise did not exist or where 13. The right to take part in a peaceable assembly
and may be litigated independently. the accused did not commit the acts or omission to petition the government for redress of
imputed to him. grievances;
WHERE CIVIL LIABILITY SURVIVES 14. The right to be free from involuntary servitude
ART.32. ANY PUBLIC OFFICER OR EMPLOYEE, in any form;
- An action for recovery may be pursued but OR ANY PRIVATE INDIVIDUAL, WHO DIRECTLY 15. The right of the accused against excessive
only by way of filing a separate civil action and OR INDIRECTLY OBTRUCTS, DEFEATS, bail;
subject to Sec. 1, Rule 111 of the 1985 Rules VIOLATES OR IN ANY MANNER IMPEDEDS OR 16. The right of the accused to be heard by
on Criminal Procedure as amended. IMPAIRS ANY OF THE FOLLOWING RIGHTS AND himself and counsel, to be informed of the
GALLEGO, NELISA MAY G.

nature and cause of the accusation against omission constitutes a violation of the Penal a. Freedom of suffrage
him, to have a speedy and public trial, to meet Code or other penal statute. b. Freedom from being forced to confess guilt or
the witnesses face to face, and to have induced by a promise of immunity or reward
compulsory process to secure the attendance CARDINAL REQUIREMENTS OF DUE PROCESS for such confession except if state witness
of witness in his behalf; IN ADMINISTRATIVE PROCEEDINGS
17. Freedom from being compelled to be a “If an accused makes an extrajudicial confession,
witness against one's self, or from being 1. Right to a hearing must be in the presence of assistance counsel–
forced to confess guilt, or from being induced 2. Consideration of the evidence presented Waiver is valid and be in writing and must be made in
by a promise of immunity or reward to make 3. Decision must be supported the presence of his counsel”
such confession, except when the person 4. The evidence must be substantial
confessing becomes a State witness; 5. Decisions must be based on the evidence SCOPE OF ART.32
18. Freedom from excessive fines, or cruel and presented
6. Tribunal must act independently a. Any public officer or employee
unusual punishment, unless the same is
b. Any private individual even if done in good
imposed or inflicted in accordance with a
“The military authorities are not restrained from faith–good faith must be eliminated
statute which has not been judicially declared
pursuing their assigned task or carrying out their c. Judges are exempted except for cases under
unconstitutional; and
mission with vigour, they must observe the Art.27
19. Freedom of access to the courts.
constitutional and legal limitations. The struggle of
- In any of the cases referred to in this article, “Commissioners of Public service cannot be held
mind versus struggle of arms– is faith in the rule of
whether or not the defendant's act or omission liable because they are in the same category as a
law. Once that faith is lost or compromised, the
constitutes a criminal offence, the aggrieved judge. If as such judge, he is charged with a crime
struggle may well be abandoned”
party has a right to commence an entirely (unjust judgement)--- civil liability can arise”
separate and distinct civil action for damages, NOT VIOLATIVE OF THE RIGHT TO PRIVACY
and for other relief. Such civil action shall CONSTITUTIONALLY - Art.32 punishes not only direct or indirect
proceed independently of any criminal violations of constitutional liberties, but also
prosecution (if the latter be instituted), and “The source of the right to privacy governing bank their impairments
may be proved by a preponderance of deposits is statutory, not constitutional. Legislature
evidence. may validly carve out exceptions to the rule on the “A public official ordering a seizure of property without
- The indemnity shall include moral damages. secrecy of bank deposits, and one such legislation in a warrant should be liable for actual damages. Moral
Exemplary damages may also be adjudicated. Sec. 11 of RA 9160” and exemplary in view of the illegal seizure and
- The responsibility herein set forth is not violation of constitutional rights. The good faith of the
demandable from a judge unless his act or ADDITIONAL RIGHTS public official is immaterial under Art.32”
GALLEGO, NELISA MAY G.

“An action against a University and certain officials for b. Even criminal case is filed by the prosecutor– intervenes in the prosecution of the criminal cases
dismissing a dean of school, the trial court must be requires proof of guilt beyond reasonable through a private prosecutor, he will be deemed to
given an opportunity to hear all evidence in favour of doubt have waived the civil action, if he failed to make a
or against the suit–Art.32, liability for the infringement c. Numerous unconstitutional acts which are not reservation therefor. Thus, also, if there is no
of an important constitutional and human right” yet made crimes judgement for civil liability because of the failure to
submit evidence of damage by the offended party,
REMEDIES “The SC does not decide legal or constitutional motion for reconsideration or appeal– the judgement
matters unless the same have been brought before it, becomes final or res judicata, an independent civil
- Independent civil action, won a crime has are properly raised, and are necessary for the action under Art.33 cannot be brought anymore”
been committed, with indemnification for moral determination of the case”
and exemplary damages in addition to other “If in the criminal proceedings, the offended party did
damages. Exemplary damages—discretionary ART. 33. IN CASE OF DEFAMATION, FRAUD, AND not enter any appearance, or intervene in another
with the Court. PHYSICAL INJURIES, A CIVIL ACTION FOR manner, an independent civil action can prosper
DAMAGES, ENTIRELY SEPARATE AND DISTINCT under Art.33 if no civil liability was adjudged in the
DEFENDANT IN AN INDEPENDENT CIVIL ACTION FROM THE CRIMINAL ACTION, MAY BE criminal case. Even if no reservation is made”
TO SAFEGUARD CIVIL LIBERTIES BROUGHT BY THE INJURED PARTY. SUCH CIVIL
ACTION SHALL PROCEED INDEPENDENTLY OF “Even if a driver is acquitted in a criminal case where
- The defendant is not the state, but the public THE CRIMINAL PROSECUTION, AND SHALL the offended party intervened through a private
officer involved. Hence, the consent of the REQUIRE ONLY A PREPONDERANCE OF prosecutor, a civil case may still be allowed. What is
state is not required. EVIDENCE. prohibited is a double recovery, not a double attempt
of filing of the action”
“A public official sued for his personal tortious act can - Beneficial for the claimant or victim except if
be held liable if the acts committed is beyond his he file a civil case under Art.33, the victim can “Even without reservation, an injured person can
official duties and it cannot be considered a case no longer intervene in the prosecution of the prosecute his civil action for damages from the
against the state” criminal case physical injuries separately and independently of the
criminal action and would require only a
REASON FOR THE CREATION OF AN “A separate civil action for damages based on injuries preponderance of evidence to support his action. .
INDEPENDENT CIVIL ACTION allegedly arising from reckless driving should be
dismissed if the driver-accused had been acquitted in CONCEPT OF TORTS
a. Prosecutors is afraid to prosecute fellow public
the criminal action on the ground that he was not
officials a. Done maliciously or intentionally
negligent, the entire mishap being a pure accident.
Art.33 does not refer to unintentional acts or those b. Based on negligence
without malice. Thus, if the offended party in a libel
GALLEGO, NELISA MAY G.

“Officials of a school can be held liable for the tortious “The appeal in a criminal case opens the whole case file the same in the criminal case for the same
acts of their students unless they can prove that they for review, this includes the penalty, which may be injuries”
observed all the diligence of a good father of a family increased, and the indemnity is part of the penalty, it
to prevent damage” being expressly provided by Art.100 of the RPC that “The result of the criminal case, whether acquittal or
every person criminally liable is civilly liable” conviction, would be in such a case, entirely irrelevant
LIBEL OR DEFAMATION CASES to the civil action”
“Authority to assess damages in criminal cases is
- Must consider the entire news story. vested in trial courts in the first instance. The SC can ART.34. WHEN A MEMBER OF A CITY OR
Newspapers should be given such leeway and increased the damages awarded by the trial court MUNICIPAL POLICE FORCE REFUSES OR FAILS
tolerance as to enable them to courageously even if there is no appeal from the offended party” TO RENDER AID OR PROTECTION TO ANY
and efficiently perform their important role in PERSON IN CASE OF DANGER TO LIFE OR
our democracy– they should not be held to “Alleged absence of proof that the offended party PROPERTY, SUCH PEACE OFFICER SHALL BE
account to a point of suppression for honest suffers from mental anguish, loss of sleep, or stress PRIMARILY LIABLE FOR DAMAGES, AND THE
mistakes or imperfection in the choice of which is natural consequence of the defamatory CITY OR MUNICIPALITY SHALL BE SUBSIDIARILY
words words in libel cases—the offended party is not RESPONSIBLE THEREFORE. THE CIVIL ACTION
required to introduce evidence of actual damages” HEREIN RECOGNIZED SHALL BE INDEPENDENT
“Although the offended party in a criminal case cannot OF ANY CRIMINAL PROCEEDINGS, AND A
appeal from a dismissal ordered by the court, upon “Civil liability arising from libel is not debt. “ PREPONDERANCE OF EVIDENCE SHALL
the petition of a fiscal who believed that the supposed SUFFICE TO SUPPORT SUCH ACTION
libellous document was a privileged communication, “If a civil case is brought ahead of the criminal case,
still the complainant is allowed to institute a separate the civil case will not be suspended. Art.33 of the - Primary liability is assess against the member
civil action under Art.33 of the Civil Code” Civil code is clear– IN CASE OF DEFAMATION, of the police force who refuses or fails to
FRAUD, AND PHYSICAL INJURIES, a civil action for render aid or protection
“In all privileged communications, it is clear that damages, entirely separate and distinct from the - Subsidiary liability is imposed on the city or
exemption from liability extends only to matters that criminal action, may be brought by the injured party. municipality concerned in case of insolvency
are patently related to the subject of the inquiry and Such civil action shall proceed independently of the - Not applicable to PNP and NATIONAL
not to those which are patently unrelated” criminal prosecution and shall require only a GOVERNMENT
preponderance evidence”
“Under the law the suit must be filed with the RTC of ART.35. When a person, claiming to be injured by
the province. The purpose of the law is to prevent the “The independent civil action of damages arising from a criminal offence, charges another with the same,
undue harassment of the accused.” physical injuries under Art.33 may be brought by the for which no independent civil action is granted in
offended party even if he had not reserved the right to this Code or any special law, but the justice of the
peace finds no reasonable grounds to believe that
GALLEGO, NELISA MAY G.

a crime has been committed, or the prosecuting - Prejudicial Question, one which must be “An action for rescission of a contract is not deemed
attorney refuses or fails to institute criminal decided first before a criminal action may be prejudicial in an action based on BP 22 or Bouncing
proceedings, the complaint may bring a civil instituted or may proceed because a decision Checks Law”
action for damages against the alleged offender. therein is vital to the judgement in the criminal
Such civil action may be supported by a case OTHER INSTANCES OF PREJUDICIAL
preponderance of evidence. Upon the - For a civil case to be considered prejudicial to QUESTIONS
defendant's motion, the court may require the a criminal action— it must appear not only that
plaintiff to file a bond to indemnify the defendant the civil case involves the same facts upon 1. In a criminal case for damage to one’s
in case the complaint should be found to be which the criminal prosecution would be property, a civil action involves the ownership
malicious. based, but also in said civil action—the guilt or of said property should first be resolved
innocence of the accused would necessarily 2. In a case of an obligation to pay wages is a
If during the pendency of the civil action, an be determined. prejudicial question to a criminal prosecution
information should be presented by the - In an action for bigamy, if the accused claims for delay in the payment of such wages
prosecuting attorney, the civil action shall be that the first marriage is null and void, the civil
suspended until the termination of the criminal INSTANCES OF NON-PREJUDICIAL QUESTIONS
action for nullity must first be decided before
proceedings. the action for bigamy can proceed–hence, the - The determination of title to land in a cadastral
validity of the first marriage is a prejudicial case is not prejudicial question to a criminal
- Applies to cases when there is no independent question.
civil action and not to a tortious action such as case for falsification of a public document filed
that provided under Art.33. against a notary public who allegedly falsified
REQUISITES OF PREJUDICIAL QUESTIONS
an affidavit that had been presented as
“The judgement, except as to the fact of commission a. The civil case involves facts intimately related evidence in the cadastral proceeding
by the accused of the act charged therein cannot be to those upon which the criminal prosecution
res judicata, constituting a bar to the civil action to PREVIOUS QUESTIONS DISTINGUISHED FROM
would be based
enforce the subsidiary or primary liability of the PREJUDICIAL QUESTIONS
b. In the resolution of the issue or issues raised
defendants who were not parties to the criminal case” in the civil actions, the guilt or innocence of the - Not all previous questions are prejudicial,
accused would necessarily be determined although all prejudicial questions are
ART.36. Pre-judicial questions which must be c. Jurisdiction to try, said question must be
decided before any criminal prosecution may be necessarily previous
lodged in another tribunal
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.
GALLEGO, NELISA MAY G.

NATURE OF OUR COURTS Two kinds of persons ART.38. Minority, insanity or imbecility, the state
of being a deaf-mute, prodigality and civil
- The principle of prejudicial question is to be 1. Natural Persons- human beings created by interdiction are mere restrictions on capacity to
applied even if there is only one court before God through the intervention of the parents act, and do not exempt the incapacitated person
which the civil action and the criminal action 2. Juridical Persons- those created by law from certain obligations, as when the latter arise
are to be litigated. But if the court, exercising from his acts or from property relations, such as
jurisdiction over the civil action, is considered ART.37. Juridical capacity, which is the fitness to easements.
distinct and different from itself when trying the be the subject of legal relations, is inherent in
criminal action. every natural person and is lost only through RESTRICTIONS ON CAPACITY TO ACT
death. Capacity to act, which is the power to do
WHEN MUST THE SUSPENSION OF THE acts with legal effect, is acquired and may be lost. a. Minority (below 18)
CRIMINAL CASE ALLEGED TO BE PREJUDICIAL b. Insanity or imbecility
BE ASKED FOR JURIDICAL CAPACITY c. State of being a deaf-mute
d. Prodigality (the state of squandering money or
- May be filed in the office of the prosecutor or - The fitness to be the subject of legal relations property with a morbid desire to prejudice the
the court conducting the preliminary - Passive heirs of a person)
investigation. The petition to suspend shall be - Inherent e. Civil Interdiction (the deprivation by the court
filed in the same criminal action at any time - Lost only through death of a person's right)
before the prosecution rests. - Can exist without capacity to act
MINORITY
WHO MAY RAISE THE ISSUE ON PREJUDICIAL CAPACITY TO ACT
QUESTIONS - From 21 to 18
- The power to do acts with legal effect
- The defendant in a criminal case and not the - Active GENERAL RULE. “A minor cannot create a trust of
prosecution - Merely acquired any kind nor can he act as an executor or
- Lost through death and may be restricted by administrator”
CIVIL PERSONALITY CHAPTER 1 other causes
- exist s always with juridical capacity - a minor needs parental consent before he can
Person enter into an ordinary contract. Without such
FULL OR COMPLETE CIVIL CAPACITY consent–merely voidable, that is,valid until
- Any being, natural or artificial, capable of annulled. A minor has the capacity to act but is
possessing legal rights and obligations - The union of the two kinds of capacity restricted.
GALLEGO, NELISA MAY G.

- Minority is only one of the limitations on the CIVIL INTERDICTION FAMILY RELATIONS
capacity to act and does not exempt the minor
from certain obligations, as when the latter EFFECT IN GENERAL OF THE RESTRICTIONS: “A man cannot marry his mother, or sister, or even a
arise from his acts or from property relations. first cousin. The fact that a man is the father of a
Thus, he may acquire property using the a. The restrictions in Art.38 do not extinguish family creates an obligation to give support to his
capital of his parents, said property to be long capacity to act. They merely restrict or limit the family and to give his children their legitimate”
to the latter in ownership and usufruct. same. Thus, an insane person’s contract is
merely voidable, not void. ALIENAGE
INSANITY OR IMBECILITY b. The incapacitated person is not exempt from
certain obligations arising from his acts “An alien cannot generally acquire private or public
- Insanity is a condition in which a person’s agricultural lands, including those residential in
mind is sick. ART.39. The following circumstances, among nature, except through hereditary succession and
- Imbecility is feeblemindedness, or a condition others, modify or limit capacity to act: age, extends to alien corporations which cannot under the
in which a person thinks like a small child. insanity, imbecility, the state of being a deaf-mute, law acquire ownership over said lands, even for a
penalty, prodigality, family relations, alienage, limited period of time”
STATE OF BEING A DEAF-MUTE absence, insolvency and trusteeship. The
consequences of these circumstances are “An alien cannot practise medicine or law, save in
- A deaf-mute may either be sane or insane governed in this Code, other codes, the Rules of exceptional instances”
- If sane, a prescription may run against him Court, and in special laws. Capacity to act is not
- He may make a will limited on account of religious belief or political “An alien cannot vote or be voted for a public office.”
- Cannot be a competent witness to a notarial opinion.
will “An alien cannot engage in coastwise shipping”
A married woman, twenty-one years of age or
“ a deaf-mute may not be able to hear and “A Filipino woman married to a foreigner and who
over, is qualified for all acts of civil life, except in
speak but his/her other senses such as his/her sense acquires his citizenship cannot acquire land in the
cases specified by law.
of sight remains functional and allows him/her to Philippines. And, even if she becomes a widow on or
make observations about his/her environment and MODIFICATIONS OR LIMITATIONS ON CAPACITY after–still before she can acquire said islands, she
experiences. Thus, a deaf-mute is competent to be a TO ACT must first repatriate herself– to reacquire Philippine
witness so long as he/she has the faculty to make citizenship”
observations and he/she can make those “ Art.39 includes not only the restrictions or limitations
but also those circumstances that modify capacity to “An alien who gained entrance into the country
observations known to others”
act.” through misinterpretation may be deported since he
would be considered undesirable”
GALLEGO, NELISA MAY G.

“Generally, proceedings for exclusion or deportation CHAPTER 2 NATURAL PERSONS took no steps to investigate the causes of the
and a criminal action against the alien do not exclude abortion.
each other, and may therefore co-exist” ART.40. Birth determines personality; but the
conceived child shall be considered born for all NEWBORN SCREENING ACT OF 2004 (RA 9288)
ABSENCE purposes that are favourable to it, provided it be
born later with the conditions specified in the - It is the policy of the State to protect and
“The fact that one has been absent for several years following article. promote the right to health of the people,
and his whereabouts cannot be determined, subjects including the rights of children to survival and
his property to administration by order of the court - Personality does not begin at birth; it begins at full and healthy development as normal
although his capacity to act is not limited” conception–Presumptive personality individuals. In pursuit of such policy, the State
- It is essential that birth should occur later, shall institutionalise a national newborn
MARRIED WOMAN otherwise the foetus will be considered as screening system that is comprehensive,
never having possessed legal personality integrative and sustainable, and will facilitate
“A married woman, 18 years of age or over, is collaboration among government and
qualified for all act of civil life, except in cases WHEN NO REGISTRATION WILL BE MADE non-government agencies at the national and
specified by law” local levels, the private sector, families and
- If the conditions specified in Art. 41 are not communities, professional health
“She may donate a mortgage, or pledge her own complied with, the birth and the death of the organisations, academic institutions, and
paraphernal property without marital consent. She child will not be recorded in the civil registry non-governmental organisations. The National
may even exercise a calling or profession”
Newborn Screening System shall ensure that
RULE IN CASE OF ABORTIVE INFANTS
“A wife modifies her capacity to dispose of the every baby born in the Philippines is offered
conjugal property or to bring an action, though her - If a physician operates on a pregnant woman the opportunity to undergo newborn screening
capacity to act is not limited in the sense that a and succeeds in aborting the foetus, the and thus be spared from heritable conditions
minor’s capacity is limited” parents would normally be entitled only to that can lead to mental retardation and death if
moral damages and to exemplary damages, if undetected and untreated.
BAR warranted, but not to actual damages– for a
RA 9288 includes but is not limited to:
death of a person, does not cover the case of
“The capacity of a married woman to execute acts an unborn foetus, since this is not endowed
and contracts is governed by the NCC, even if her 1. Education of relevant stakeholders
with personality. And, even the moral damages 2. Collection and biochemical screening of blood
marriage was celebrated under the former laws” cannot be recovered by the husband of a samples taken from newborns
woman from the physician if said husband 3. Tracking and confirmation testing to ensure
the accuracy of screening results
GALLEGO, NELISA MAY G.

4. Clinical evaluation and biochemical/ medical BENEFICIAL PURPOSES not valid, if made by the agent with knowledge of the
confirmation of test results principal’s death. This is true even if the buyer be in
5. Drugs and medical/ surgical management and - The law says the foetus is considered born good faith”
dietary supplementation to address the only for civil purposes which are beneficial
heritable conditions - A conceived child can be acknowledged even IS A PERSON’S ESTATE A PERSON BY ITSELF?
6. Evaluation activities to assess long-term before it is born
outcome “The estate of a deceased is a person that may
7. Patient compliance REQUIREMENT OF HUMAN FORM ELIMINATED continue the personality of the deceased even after
8. Quality assurance death– for the purpose of settling debts”
- because it has been proved by medical
science that no monster can be born of human SERVICE OF SUMMONS ON THE DEAD
beings
- A newborn means a child from the time of “Being already dead, the summons could not be
complete delivery to 30 days old” ART.42. Civil personality is extinguished by death. validly served on him for want of civil personality. His
juridical capacity was lost the moment he died. There
ART. 41. For civil purposes, the foetus is The effect of death upon the rights and is therefore no question of voluntary appearance.
considered born if it is alive at the time it is obligations of the deceased is determined by law, Neither can estoppel be made to apply”
completely delivered from the mother's womb. by contract and by will
However, if the foetus has an intrauterine life of “His death extinguished his criminal liability, but the
- Civil interdiction merely restricts, not proceedings should continue to determine his civil
less than seven months, it is not deemed born if it
extinguishes, capacity to act liability”
dies within twenty-four hours after its complete
delivery from the maternal womb. EFFECT OF PHYSICAL DEATH ART.43. If there is a doubt, as between two or
TWO KINDS OF CHILDREN more persons who are called to succeed each
a. Law other, as to which of them died first, whoever
b. Contract alleges the death of one prior to the other, shall
1. ORDINARY
c. Will prove the same; in the absence of proof, it is
- With an intrauterine life of at least
seven months presumed that they died at the same time and
“If an individual dies, the property or estate left by him
2. EXTRAORDINARY (premature) there shall be no transmission of rights from one
should be subject to the tax in generally the same
- If the intrauterine be less than seven to the other.
manner as if he were alive”
months (the child must have lived for at
least 24 hours after its complete PRESUMPTIONS ON SURVIVORSHIP UNDER THE
“If a person dies after he has authorised another to
delivery from the maternal womb) REVISED RULES OF COURT
sell the former’s property, the sale after such death is
GALLEGO, NELISA MAY G.

- When two persons perish the same calamity which a contrary conclusion can be inferred. “A private corporation begins to exist as a juridical
and not shown who died first— the The rule preponderance evidence controls. person from the moment a certificate of incorporation
survivorship is presumed from the probabilities is granted to it–the certificate is issued upon filing the
resulting from the strength and age of the CHAPTER 3. JURIDICAL PERSONS articles of incorporation with the Securities and
sexes according to the ff rules: Exchange Commission”
a. If both under the age of 15 years, the ART.44. The following are juridical persons:
older is presumed to have survived “A corporation cannot be regarded as possessed of a
(1) The State and its political subdivisions; personality separate and distinct from its members
b. If both were above the age of 60, the
younger is presumed to have survived when to allow it would be to sanction the use of the
(2) Other corporations, institutions and entities for
c. If one be under 15 and the other above fiction of corporate identity as a shield to further an
public interest or purpose, created by law; their
60, the former is presumed to have end subversive of justice”
personality begins as soon as they have been
survived constituted according to law;
d. If both be over 15 and under 60, and “To organise a corporation or a partnership that could
the sexes be different, the male is claim a juridical personality of its own and transact
(3) Corporations, partnerships and associations
presumed to have survived; if the business as such is not a matter of absolute right but
for private interest or purpose to which the law
sexes be the same, then the older; a privilege which may be enjoyed only under such
grants a juridical personality, separate and
e. If one is under 15 or over 60, and the terms as the state may deem to impose”
distinct from that of each shareholder, partner or
other between those ages, the latter is member. “A partnership, even if not registered is a juridical
presumed to have survived.
person, provided that it has been validly constituted—
CLASSIFICATION OF JURIDICAL PERSONS
APPLICABILITY OF CIVIL CODE PROVISION ON A limited partnership, to be valid as such, must be
NON-SURVIVORSHIP a. Public juridical persons registered with the Securities and Exchange
- Public corporations like the province Commission”
- Art.43 applies when the case involves two or and the city
more persons who are called to succeed each THE CHURCH
- The state itself
other b. Private juridical persons “The Roman Catholic Church in the Philippines is a
- Private corporations person. But it is an entity or person separate and
EFFECT OF PRESENCE OF FACTS - Partnerships distinct from the personality of the Pope or the Holy
- Foundations See.”
- Neither Art.43 nor the rules of court
presumptions on survivorship can apply when WHEN PERSONALITY OF PRIVATE JURIDICAL
there are facts, known or knowable, from PERSONS BEGINS
GALLEGO, NELISA MAY G.

“The Roman Catholic Church of a parish are not a nationality of the controlling stockholders NO. because the relationship of trust and confidence
juridical person, there being no provision of law for regardless of where the incorporation had which is found in a partnership, is absent in
their organisation as one” been made. corporations. Corporations can enter into a joint
venture with another corporation where the nature of
ART. 45. Juridical persons mentioned in Nos. 1 “Even if a foreign corporation is not doing business in that venture is in line with the business authorised by
and 2 of the preceding article are governed by the the Philippines, and even if not licensed, it may sue its charter.
laws creating or recognizing them. here in our country”
CAPACITY TO ACQUIRE LANDS
Private corporations are regulated by laws of “There is no general rule or governing principle as to
general application on the subject. what constitutes doing or engaging in or transacting “A religious corporation which is not controlled by
business in the Philippines” Filipinos cannot acquire lands, otherwise alien
Partnerships and associations for private interest religious landholdings in this country would be
or purpose are governed by the provisions of this ART.46. Juridical persons may acquire and revived”
Code concerning partnerships. possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, in “The Roman Catholic Church in the Philippines can
DETERMINATION OF NATIONALITY OF conformity with the laws and regulations of their acquire lands—the Catholic Church in any country,
JURIDICAL PERSONS organisation. lawfully incorporated in a country, is an entity or
person separate and distinct from the personality of
“The nationality of a corporation is generally GENERAL RULE. A corporation is entitled to use a the Pope or of the Holy See. but it does not constitute
determined by the place of its incorporation. So if name, but not in violation of the rights of others. a juridical person, there is no provision in the law for
incorporated in the Philippines, it is a Philippine them being an organisation”
corporation.” “While a corporation being a juridical person, by itself
can be held liable without any personal liability on the CAPACITY TO ENGAGE IN RETAIL TRADE
EXCEPTION part of the stockholders, still said stockholders may be
held for obligations contracted by the corporation “Under RA 1180, person not citizens of the Philippines
1. For the grant of the rights in the Constitution to whenever circumstances have shown that the and associations, partnerships, or corporations the
the operation of public utilities, and for the corporate entity is being used as an alter ego or capital of which is not owned wholly by citizen of the
acquisition of land and other natural business conduit for the sole benefit of the Philippines, are prohibited from engaging in the retail
resources, a corporation, even if incorporated stockholders” trade directly or indirectly– exercise of police power”
here, cannot acquire said rights unless 60% of
its capital be Philippine-owned MAY A CORPORATION FORM A PARTNERSHIP? A NON-EXISTENT CORPORATION CANNOT SUE
2. During war, we may pierce the veil of
corporate identity, and go to the very
GALLEGO, NELISA MAY G.

“The mere grouping together did not give corporate years, through its legal counsel, who may be EFFECT WHEN A CORPORATION IS A MERE
life to the group formed. It cannot act as a corporation. considered a “trustee” for this purpose” ALTER EGO OR BUSINESS CONDUIT OF A
Neither can it create agents or exercise by itself PERSON— SEPARATE PERSONALITY OF THE
authority on its behalf.” ART.47. Upon the dissolution of corporations, CORPORATION MAY BE PIERCED
institutions and other entities for public interest or
A NON-EXISTENT PARTNERSHIP CANNOT SUE purpose mentioned in No. 2 of Article 44, their “To warrant resort to the extraordinary remedy of
property and other assets shall be disposed of in piercing the veil of corporate fiction, there must be
“It cannot sue but it may be sued, otherwise a third pursuance of law or the charter creating them. If proof that the corporation is being used as a cloak or
person may be prejudiced. Thus, where two persons nothing has been specified on this point, the cover for fraud or illegality, or to work injustice—
represented themselves as co-managers of an property and other assets shall be applied to books and rewards of the corporation are the best
alleged partnership, they cannot later on impugn a similar purposes for the benefit of the region, evidence of corporate acts and proceedings”
chattel mortgage on two vehicles executed by them in province, city or municipality which during the
behalf of the firm, by stating or proving that in truth existence of the institution derived the principal PURPOSE OF A “FAMILY” OR “CLOSE”
there was NO partnership between them, but a benefits from the same. CORPORATION
mere-co ownership”
HOW ASSETS ARE TO BE DISTRIBUTED: “Organised for the purpose of running a family
UNREGISTERED LABOUR OR ORGANISATION business or managing family property has formed the
CANNOT SUE 1. First apply the provisions of the law or charter backbone of Philippine Commerce and Industry”
creating them
ESTOPPEL 2. If there is no such provision, the assets will be “A family corporation should serve as a rallying point
for the benefit of the place which was already for family unity and prosperity not as a flashpoint for
“A person who contracts with a corporation cannot receiving the principal benefits during the familial strife”
later deny its personality. But the person who existence of the corporation or association
represents himself as the agent of a non-existing IN THE CASE OF CORPORATIONS, WHO IS THE
corporation cannot prevent the person who has been HOW A CORPORATION CAN EXERCISE ITS SIGNATORY OF THE CERTIFICATION OF
misled from suing the agent personally, since a non POWERS AND TRANSCAT BUSINESS NON-FORUM SHOPPING?
registered corporation does not have a juridical
personality” “It can only do so through its board of directors, “The requirement that the certification of non-forum
officers, and agents— when authorised by a board shopping should be executed and signed by the
DISSOLVED CORPORATION resolution or its by-laws” plaintiff or the principal–means that counsel cannot
sign said certification unless clothed with special
“Even if a corporation has been dissolved, it can still authority to do so”
continue prosecuting or defending for the next three
GALLEGO, NELISA MAY G.

TITLE II. CITIZENSHIP AND DOMICILE EFFECT OF THE EXERCISE OF THE RIGHTS OF A DUALS MAY NOW EXERCISE THE RIGHT OF
FILIPINO CITIZEN SUFFRAGE
CITIZENSHIP
“The exercise by a person of the rights and/ or “Duals are most likely non-residents. Grants under its
- Status of being a citizen, or of owing privileges that are granted only to Filipino citizens is Sec.5(1) the same right of suffrage as that granted an
allegiance to a certain state for the privilege of not conclusive proof that he or she is a Filipino citizen. absentee voter under RA 9189”
being under its protection Otherwise, a person disqualified by reason or
citizenship may exercise and enjoy the right or THE PROBLEM OF STATELESS INDIVIDUALS
NATIONALITY privilege of a Filipino citizen simply by representing
himself to be a Filipino” 1. Deprived of his citizenship for any cause
- Refers to a racial or ethnic relationship. 2. Renounced his nationality by certain acts,
PROBLEM OF DUAL AND MULTIPLE express or implied
THREE KINDS OF CITIZENS 3. Voluntarily asked for a release from his original
NATIONALITIES
state
1. NATURAL-BORN CITIZENS- citizens of the
“It can hardly arise because citizenship is a matter to 4. May have been born in a country which
PH from birth without having to perform any
be exclusively determined by a country’s own law. PH recognizes only the principle of jus sanguinis
act to acquire or perfect their Philippine
courts are only allowed to determine who are FIlipino
citizenship Art. 48. The following are citizens of the Philippines:
Citizens and Who are not. The determination by our
2. NATURALIZED CITIZENS- citizens who
tribunals of person’s particular foreign citizenship
become through judicial proceedings (1) Those who were citizens of the Philippines at the
cannot of course be regarded as binding by other
3. CITIZENS BY ELECTION- citizens who time of the adoption of the Constitution of the
courts”
become such by exercising the option to elect Philippines;
a particular citizenship, usually within a DUAL OR MULTIPLE CITIZENSHIP MAY ARISE IF:
reasonable time after reaching the age of (2) Those born in the Philippines of foreign parents
majority a. Through marriage who, before the adoption of said Constitution, had
b. Through a naturalized Citizen’s failure to been elected to public office in the Philippines;
TWO THEORIES ON WHETHER PLACE OR comply with certain legal requirements in the
ANCESTRY DETERMINES CITIZENSHIP country of origin (3) Those whose fathers are citizens of the
c. Form a combined application of Jus Soli and Philippines;
a. JUS SOLI- if born in a country, a person is a
Jus Sanguinis
citizen of the same
d. By the legislative act of states
b. JUS SANGUINIS- one follows the citizenship
e. By the voluntary act of the individual
of his parents; this is citizenship by blood
concerned
GALLEGO, NELISA MAY G.

(4) Those whose mothers are citizens of the natural persons is the place of their habitual
Philippines and, upon reaching the age of majority, residence. (40a)
elect Philippine citizenship;

(5) Those who are naturalized in accordance with law.

Art. 51. When the law creating or recognizing
Art. 49. Naturalization and the loss and them, or any other provision does not fix the
reacquisition of citizenship of the Philippines are domicile of juridical persons, the same shall be
governed by special laws. understood to be the place where their legal
representation is established or where they
QUALIFICATIONS FOR NATURALIZATION exercise their principal functions.

a. Petitioner must not be less than 21 years of

age on the date of the hearing of the petition
b. He must resided in the PH for a continuous
period of not less than ten years
c. Must be of good moral character and believe
in the PH constitution
d. Must own real estate in the PH worth not less
than 5,000 php or must have some lucrative
trade, profession or lawful occupation
e. Must be able to speak and write english or
spanish and any one of the principal Ph
languages
f. Must have enrolled his minor children of
school age in any of the public school or
private recognised by the government of the
PH

Art. 50. For the exercise of civil rights and the

fulfilment of civil obligations, the domicile of