Civil Law Review !

Course Coverage :

Laws on Human Relations

Persons and Family Relations
Property, Ownership and its Modifications
The different modes of aqcuiring ownership
Succesion
Related Pertinent Provision of Special Laws

I. WEEK ONE
Preliminary Topics

1. Application of Laws and its Effects: Articles 1-18, Civil Code

 Definitions:

Law: In its general and abstract sense, it is the science of moral laws founded on
the rational nature of man that governs his free activity for the realization of
the individual and social ends of life under an aspect of mutual conditional
dependence.
It is a rule of conduct which is of common observance and benefit, just and
obligatory, promulgated by legitimate authority.

Civil Law: It is the mass of precepts that determine or regulate relations that
exists between members of the society for the protection of private
intersts.

Civil Code: The product of codification of private law in the Philippines. It is the
general law that governs family and property relations in the
Philippines.

 Effectivity of Laws in the Philippines

Laws shall take effect after 15 days following the completion of their
publication in the Official Gazzette or in the newspaper of general circulation,
unless it is otherwise provided. Publication is a requirement of due process.

 Rule: Ignorance of the Law Excuses No One from Compliance

> The rule only applies to mandatory and prhibitory laws. It also applies to
Supreme Court descisions.
> Mistake on doubtful or difficult interpretation of law may be the basis for
claiming good faith.
> Mistake of fact may be the basis for claiming absence of intent.

 Rule: Laws have no Retroactive Effect

Exceptions:
1. when the contrary is expressly provided by law;
2. Interpretative statutes
3. Procedural/remedial laws
 4. Curative Statutes
5. Laws creating new rights
6. Emergency laws
7. Tax laws
Exception to the exception:
even if the the law provides for retroactivity the same is invalid if it is either:
1. an Ex Post Facto law
2. a law that impair the obligation of contracts

 Rule: An Act Executed against Provisions of Mandatory or Prohibitory Rights

can be Waived; Exceptions
1. when the law itself authorizes the validity of the act
2. when the law makes the act only voidable and not void
3. when the law make the act valid but punishes the violator

 Rule: Rights can be waived

Requisites:
1. Existence of a right
2. Knowledge of existence of a right
3. Intention to relinquish the right
Exceptions:
1. If the waiver is contrary to law, public order, public policy , morals or good
customs
2. if the waiver is prejudicial to a third party which a right recognized by law

 Conflict between General Law and Special Law

1. If the general law was enacted first, the special law is considered the
exception to the general law. Therefore the general law remains a good law,
and there is no repeal (Lichauco v. Apostol, 44 Phil 138), except insofar as
the exception or special law is concerned. However if there are
inconsistencies with the general law it is considered as a repeal to the
general law.
2. If the special law was enacted first, both special law and general law are
good laws unless:
a. There is an express declaration to tho contrary.
b. Or the is a clear , necessary and unreconcilable conflict (Cia General
v. Coll. of Customs, 46 Phil. Cool c. Or unless the subsequent general
law covers the whole subject and is clearly intended to replace the
special law on the matter. (Joaquin v. Navarro, 81 Phil. 373)

 Judicial Decisions- Laws?

SC decisions applying or interpretibg the laws or the Constitution shall form
part of the legal system of the Philippines.
CA decisions are only persuasive authority; precedents that should be applied
by lower courts if there is no SC decisions.
Foreign Courts decision are not automatically binding and enforceable in the
Philippines. Decisions should be proved in court.

 Doctrine of Stare "Decisis"- standing by their Decision

 The decision of courts rely on precedents- use of past decisions to guide
future decisions.

 Custom: Defines; as a Source of Right

In the absence of provisions of statutes, custom, when duly proven, can
define rights and liabilities.
Customs which are contrary to law, public order or public policy shall not be
countenanced. Customs must be proved as a fact, according to the rules of
evidence.

 Rule on Computation of Periods

Years: 365 days
Month: 30 days
Day: 24 hours
Nights: Sunset to sunrise
Month designated by name: actual num. of days of the given month.

 Penal Laws: Theory of Territoriality

 Recognition and Applicability of Foreign Decrees in the Philippines

Prohibitive laws concerning persons, their acts and property, and those which
have, for their object, public order, public policy and good customs shall not
be rendered ineffective by laws or judgments promulgated, or by
determinations or convertions agreed upon in a foreign country

 Nationality Principle (Lex Nationalii); Lex Rei Sitae; Lex Loci Celebrationis:
Principles; Distinctions
 Laws governing real and personal properties

Lex Nationalii: Familly rights and duties, or the status, condition and legal capacity
of persons of Filipio Citizens, Philippine laws appliy even if the citizen is abroad.

Lex Nationalii: Family rights and duties, or the status, condition and legal capacity of
persons of Foreign national, the laws of the country of the foreign national apply.

Crime, public security and safety within the Philippines, Filipino Citizens and those
who live and soujourn in the Philippines , Philippine Laws (but subject to the
principles of international law and treaties)

Lex Rei Sitae: Properties both real and personal, Filipino or foreign national,
Philippine laws for properties in the Philippines

Intestate and testamentary succession (with respect to the order of succession and
to the amount of successional rights and to the intrinsic validity of tesamentary
provisions) - Filipinos- Philippine Laws

Intestate and testamentary succession (with respect to the order of succession and
to the amount of successional rights and to the intrinsic validity of tesamentary
provisions) - Foreign national- law of the country of the foreign national.
Lex Loci Celebrationis: formalities- forms and solemnities of contracts, wills, and
other public instruments- Filipino or Foreign national- law of the country wher
executed.

 Lex Loci Voluntatis versus Lex Loci Intentionis

 The Concept of Renvoi
In intestate and testamentary succession is in consideration shall govern.
However, it may happen that the national law of a foreingner may "refer
back" the issue by providing that the law of the domicile of the decedent shall
govern. Phillipine laws shall applu because the matter was referred back to
the Philippine laws.

 Rule of Exterritoriality
 Laws that Govern Marriage as a Contrat and Marriage as a Status
 Doctrine of Immutability of Status
 Cases/Jurisprudence

2. Human Relations: Articles 19-36 , Civil Code of the Philippines

 Article 19, Civil Code

Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.

Abuse of Rights -violates the norms enshrined in Art. 19. The requisites are:
1. There is a legal right or duty
2. The legal right or duty is exercised in bad faith
3. The exercise is for the sole intent of prejudicing or injuring another

 "Suum Jus Summa Injuria"

 Breach of Contract: Breach of Promise to Marry- Actionable?
Breach of promise to mary by itseld is not actionable. By way of exception,
breach of promise to mary may be actionable for being contrary to morals,
good customs, public order or public polict. Thus, breach of promise to mary
is actionable in the ff cases:
1. When there is moral seduction
2. When the wedding was cancelled after formally setting the date of the
wedding and after all the preparations
3. When the man failed to appear during the ceremony with the intent to
humiliate or embarrass the woman.

 Interferences with the Dignity, Personality, Privacy and Peace of Mind of a

Neighbor
 Independent Civil Actions
When the civil action is based on an obligation not arising from the act or
omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings regardless of the result of the
latter.
1. Action based on quasi delict
 2. Action for violation of Civil and Political Rights under Art 32
3. Action for Defamation, Fraud or Physcal Injuries under Art 33
4. Action for Neglect of Duty by Public Official under Art 34

 Acts Contrary to Law and Acts Contrary to Morals: Articles 20 and 21, CC
 Unjust Enrichment: Accion in Rem Verso; Requisites
Every person who through an act of performance by another, or any other
means, acquires an act of performance by another, or any other means,
acquires or comes into possession of something at the expense of the latter
witout just or legal ground, shall return the same to him.
Requisites:
1. that a person is benefited without a valid basis or justification
2. that such benefit is derived at another's expense or damage

II. Week Two

Persons and Family Relations

1. Persons: Articles 37-47, Civil Code of the Philippines

 Definitions
Persons: may be natiral and juridical. Juridical persons include the State and
its political subdivisions, private corporations, cooperatives and partnership.
Juridical Capacity: the fitness to be the subject of legal relations, is inherentin
every natural person and is lost only through death.
Capacity to act: which is the power to do acts with legal effect, is acquired
and may be lost.
Status
Civil Personality

 Commencement and Extinguishment of Civil Personalitty

Civil personality is extinguished by death
 Who are Citizens of the Philippines
 Juridcal Persons: Who: Rights
 Domicile of a Natural Person and Domicile of a Juridical Person
Natural: place of their habitual residence
Juridical: its principal office appearing in its Articles of Incorporation
When the law creating or recognizing them, or any other provision does not
fix the domicile of juridical persons, the same shall be understood to be the
place wher their legal representation is established or where they exercise
their principal functions.

 Three kinds of Domicile

1. Domicile of origin- assigned by law to a person at birth
2. Domicile of choice- the place chosen by a person who does not suffer any
legal disability
3. Constructive domicile or Domicile by Opertion of Law- assigned by law to a
child who is suffering from legal disability at the time of his birth

 Cases/ Jurisprudence
2. Marriage: the Family Code (FC): Articles 1-26, Family Code

 Definition; Nature
Marriage: A special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal
and family life. Its nature, consequences and incidents are fixed by law and
cannot be the subject of stipulation.

Nature: Marriage is an institution in which the community is deeply

interested. The State has surounded it with safeguards to maintain its purity,
continuity of the State are largely dependent on it. It is the interst and duty of
each member of the community to prevent the bringing about of a condition
tat would shake its foundation and lead to its destruction. The incidents of the
status are governed by law, not by will of the parties.

 Essential Requisites of a Valid Marriage:

1. Legal capacity of the contracting parties who mus be a male and a female
- no impediment to marry
- at least 18 y/o
2. Consent freely given in the presence of the solemnizing officer
 Formal Requisites of a Valid Marriage
1. Marriage Ceremonu
2. Authority of the solemnizing officer
3. Valid marriage License
 Effect of Absence of Requisites
Absence of any essential requisites: Void ab initio
Absence of any formal requisites: Void ab initio
Exception: Valid even in the absence of formal requisite: (a) marriages
exempt from license requirement (b) either or both parties believe in good
faith that the solemnizing officer had the proper authority.
 Effect of Defect (Essential Requisites)
Voidable
 irregularity (Formal Requisites)
Valid, but the party responsible for such irregularity shall be civilly, criminally
or administratively liable
 Marriage by proxy
If performed in the Ph- No, it its not allowed, hence the marriage is void.
lex loci celebrationis: Philippine laws prohibit marriages by proxy

If performed abroad- Whether it is allowed or not depends upon the law of the
place where the marrage was celebrated (lex loci celebrationis)
 Authority to solemnize marriages
Under ordinary circumstances:
a. Incumbent Judiciary member- within the court's jurisdiction
b. Priest, rabbi, imam or minister of any church/ religious sect duly
authorized- provided at least one of the parties belongs to
such church or religious sect.
c. Consul general, consul or vice consul- provided both parties are
Filipinos and marrage takes place abroaf
 d. Mayors or acting mayor
Marriages in articulo mortis:
a. Ship Captain or airplane chief: (a) during voyage, even during
stopovers (b) between passengers or crew members
b. Military commander of a unit who is commissioned officer (a) in
absence of chaplain (b) within zone of military operation (c) between
members of the armed forces or civilians
 Marriage license required: exceptions: period of validity
Period of validity: valid in any part of the Ph only for 120 dats from the date of
its issuance and shall be deemed automatically cancelled at the expiration of
said period
If parties contracted marriage after 120 days: void for lack of marriage
license
Exceptions:
1. Marriages among Muslims or members of ethnic cultural
communities
2. Marriages in Articulo mortis- at the point of death
3. Marriages in remote place- not transportation
4. Marriages between parties cohabiting for at least 5 years
5. Marriages solemnized outside the Ph where no marraife license is
required by the counry where it was solemnized
6. Marriages in articulo mortis solemnized by a ship captain or airplane
pilot
7. Marriages within zones of military operation
 Instance when a Man and a Woman Living together can marry
5 year cohabitation exception to marriage license requirement
1. Living together 5 years before the marriage; (a) exclusibity (b)
continuity
2. No legal impediment to marry each other during the period of
cohabitation
3. Fact of absence of legal impediment must be present at the time of
the marriage
4. Parties must execute an affidavit that they are living together as
husband and wife for 5 years and that they do not have any legal
impediment to marry
5. Solemnizing officer must execute a sworn statement that he has
ascertained the qualifications of the parties and found no legal
impediment to their marriage.

 Rule on Marriages Solemnized Outside the Philippines

What rules govern the validity of marriage?
As to its extrinsic validity- Lex Loci Celebrationis
As to its intrisic validity- Personal law
Stateless Person- domiciliary rule applies, otherwise, lex nationalii
applies
 Effect of Divorce Obtained Abroad
Marriages between Filipinos solemnized outside the Philippines in
accordance with the law of the foreign country where it is celebrated, if
valid there, shall be valid here as such
 Exception: it shall be void, even if it is valid in the foreign country
where the marriage was celebrated, if any of the following
circumstances are present
1. Lack of legal capacity even with parental consent
2. Incestuous
3. Contracted through mistake of the party as to the identity of the
other
4. Contracted through mistake of one party as to the identity of the
other
5. Bigamous or polygamous except as provided in Art 41 FC on
terminable bigamous marriages
6. Void due to psychological incapacity
7. Void for reasons of Public policy
 Applicability of Art 34 of the FC: Legal Ratification of Marital Cohabitation
For this provision on legal ratification of marital cohabitation to apply, the
following requisites must concur:
1. The man and woman must have been living together as husband and wife
for at least five years before the marriage;
2. The parties must have no legal impediment to marry each other;
3. The fact of absence of legal impediment between the parties must be
present at the time of marriage;
4. The parties must execute an affidavit stating that they have lived together
for at least five years [and are without legal impediment to marry each
other]; and
5. The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no legal
impediment to their marriage.

There should be no exemption from securing a marriage license unless the

circumstances clearly fall within the ambit of the exception.

The rationale why no license is required in such case is to avoid exposing the
parties to humiliation, shame and embarrassment concomitant with the
scandalous cohabitation of persons outside a valid marriage due to the
publication of every applicant’s name for a marriage license.

 Cases /Jurisprudence

III. Week Three (Persons and Family Relations, continued)

 Void and Voidable Marriages

Void:
Status of marriage: Void ab inition
Petition filed:
Declaration of Nullity of Marriage
Who may file: Solely by the husband or wife
Exception: Any real party in interest, only in (1) Nullity of marrage
cases commenced before the effectivity og AM No 02-11-10 -March 15,
2003; (2) Marriages celebrated during the effectivity of the CC
Prescriptive Period: None
 Children: Illegitmate
Exception: Those conceived or born of marriages declared void under:
(1) Art 36 (Psychological Incapacity); (2) Art 52 in relation to Art, 53
Judicial Declaration: Not necessary that ther is judicial declaration
Exception: in case of remarriage
Voidable:
Status of marriage: Valid until annulled
Petition filed: Annulment of marriage
Who may file: Offended spouse
Exception: (1) parent or guardians in cases of insanity; (2) Parens or
guardians before the party reaches 21 years old on the ground of Lack of Parental
Authority
 Distinction Between Void and Voidable marriages
 Who can file under Art 36
 Jurisprudential guidelines in invoking and proving psychological incapacity
P.I- inability to comply with the essentila marital obligations of marriage of
one or both of the parties makes the marriage void. The defect of the
marriage must be present at the time of the marriage but manifestations of
the psychological incapacity may appear only later.
P.I must be characterized by: (1) gravity (2) juridical antecendence (3)
incurability
The incapacity must be grave or serious such that the party would be
incapable of carrying out the ordinary duties required; it must be rooted in
the history of the party antedating the marriage, although the overt
manifestations may emerge only after marriage; and it must be incurable or,
even if it were otherwise, the cure would be beyond the means of the party
involved.

Jurisprudential guidelines
1. the burden of proof rests with the plaintiff
2. the root cause of the PI must be; (a) medically or clinically identified (b)
alleged in the complaint (c) sufficiently proven by experts (d) explained in the
decision
3. the incapacity must be existing at the time of the celebration of marriage
4. the incapacity must be permanent or incurable
5. the illness is grave enough to prevent the party from assuming the \
6. the marital obligations refer to Art 68-71 of FC as well as Arts 220,221, and
225 of the FC
7. the interpretations of the National Appelate Matrimonial Trinbunal of the
Catholic Church of the Philippines while not controling should be given great
respect
8. the trial court must order the prosecuting attorney or fiscal and Solicitor
General to appear for the state

 Status of children
The children will still be considered legitimate. Children of marriages void
under Article 36 (psychological incapacity) and under Article 53 (second
marriage without delivery of legitime to children of the first marriage) are
considered legitimate, as an exception to the general rule.
 Does it prescribe?
 No. The time for filing an action or defense for the declaration of absolute
nullity of marriage, whether in a direct or collateral manner, does not
prescribe.
Any of the parties in a void marriage can file an action for the declaration of
nullity of marriage even though such party is the wrongdoer.
 Incestuous Marriages
Those marriages (1) between ascendants and descendants of any degree (2)
between brothers and sisters whether of the full or half blood.
Regardless of whether the relationship between the parties is legitimate or
illegitimate.

 What marriages are voidable?

A voidable marriage is considered valid and produces all its civil effect until it
is set aside by final judgment of a competent court in an action for
annulment.

1. Marriage of a party 18 years of age or over but below 21 solemnized

without the consent of the parents, guardian. Ratification: free cohabitation
after attaining the age of 21. Barred from contesting it.
2. Either party was of unsound mind. Ratification: free cohabitation after
coming to reason.
3. Consent of either party was obtained by fraud. Ratification: free
cohabitation with full knowledge of the facts constitution the fraud.
4. Vices of consent such as force, intimidation or undue influence.
Ratification: free cohabitation after the vices have ceased or disappeared.
5. Impotence and STD. Ratification: may not be ratified but action may be
barred by prescription only, which is 5 years after the marriage.

 Necessity to Obtain Judicial Declaration of Nullity of Previous Void Marriage

 Doctrine of Triennial Cohabitation
If after 3 years of living together with her husband, the wife remained a
virgin, the husband is presumed to be impotent.
 Presumptive Death: Requirements for the Present Spouse to Contract
Subsequent Marriage; Effect of Reapperance
Requisites:
1. That the absentee spouse has been missing for four consecutive years
or 2 consecutive years if the disappearance occured where there is danger of
death under circumstances laid down in Art 391 of the NCC
2. The present spouse wishes to remarry
3. The present spouse has a well founded belief that the absentee is dead
4. The present spouse initiates a summary proceeding for the declaration of
presumptive death and a decision is rendered there in.

Effect of Reapperance of absent spouse: the subsequent bigamous marriage

under Art 41 remains valid despite reappearance of the absentee spouse
a. remedy to terminate 2nd marriage: recording in the civil registry of an
affidavit of reappearance by absent spouse
 The reappearance will cause the termination of the subsequent marriage only
if the following are present:
1. Non existent- judgment-previous marriage void or void ab initio
2. Civil registry record of residence of the parties to the subsequent
marriage- sworn statement of fact and circumstances of reappearance
3. Due notice to the sps of the subsequent marriage
4. Appearance – undisputed or judicially determined

 Effect of Declaration of Absolute Nullity of Marriage

 Prescriptive Period for Filing an Action for Annulment of Marriage
 Cases/ Jurisprudence

IV. Week Four (Persons and Family Relations, continued)

3. Legal Separation: Articles 55 -67, FC

 Divorce
 Distinction between legal separation and separation of property
Legal Separation- the marriage bond remains although the separation of the
sps is sanctioned by the court.