Civil Ust Golden Notes

I. EFFECT AND APPLICATION OF LAWS
1 U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o i v i l
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA
VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE
VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ
A. WHEN LAW TAKES EFFECT
Q: When did the Civil Code take effect?
A: August 30, 1950
A: Laws take effect:
its publication in the official gazette or
newspaper of general circulation.
the 16 th
XPN: unless otherwise provided by the law.
Q: What is meant by the phrase “unless it is otherwise provided” in the provision on effectivity of laws?
A: 15day period may be lengthened or shortened
by Congress. The exception refers to the 15day
period, not the requirement of publication,
publication being mandated by due process.
Note: No one shall be charged with notice of the
statutes provision until the publication is completed
and the 15 day period has expired. The law produces
no effect until and unless it completes the
requirement of publication.
Q: When will the law take effect if it is made to take effect “immediately”?
A: It shall take effect immediately after
publication. The 15 day period after publication is
dispensed with but publication is not.
Q: When will the law take effect if it states that it shall be “effective upon approval”?
A: The clause "unless it is otherwise provided"
refers to the date of effectivity and not to the
requirement of publication itself, which cannot in
any event be omitted. This clause does not mean
that the legislator may make the law effective
immediately upon approval, or on any other date
without its previous publication.
extended.
Inasmuch as the law has no specific date for its
effectivity and neither can it become effective
upon its approval notwithstanding its express
statement, following Article 2 of the Civil Code
and the doctrine enunciated in Tanada, supra, it
took effect fifteen days after its publication.
(Umali v Estanislao, G.R. No. 104037, May 29,
1992, [citing Tanada v. Tuvera, G.R. No. L63915,
Dec. 29, 1986])
RULES ON PUBLICATION
A: GR: Yes. Publication is indispensable.
XPN: 1. Municipal Ordinances (governed by the
Local Government Code not the Civil
Code)
in nature.
administrative supervisors on internal
agency.
regulations that require publication:
or enforce existing laws pursuant to a
valid delegation;
individuals
Q: Honasan questions the authority and jurisdiction of the DOJ panel of prosecutors to conduct a preliminary investigation and to eventually file charges against him, claiming that since he is a senator with a salary grade of 31, it is the Office of the Ombudsman, not the DOJ, which has authority and jurisdiction to conduct the preliminary investigation. DOJ claims that it has concurrent jurisdiction, invoking an OMB DOJ Joint Circular which outlines the authority and responsibilities among prosecutors of the DOJ and the Office of the Ombudsman in the conduct of preliminary investigations. Honasan counters that said circular is ineffective as it was never published.

UST GOLDENNOTES2011
A: No. OMBDOJ Circular No. 95001 is merely an
internal circular between the two offices which
outlines the authority and responsibilities among
prosecutors of the DOJ and of the Office of the
Ombudsman in the conduct of preliminary
investigations. It does not contain any penal
provision nor prescribe a mandatory act or
prohibit any under pain of penalty. Further, it
does not regulate the conduct of persons or the
public, in general. As such therefore, it need not
be published. (Honasan, II v. The Panel of
Investigating Prosecutors of the Department of
Justice, G.R. No. 159747, Jun. 15, 2004)
2 CIVIL LAW TEAM:
ADVISER: ATTY. ELMER T. RABUYA; SUBJECT HEAD: ALFREDO B. DIMAFELIX II;
ASST. SUBJECT HEADS: KAREN FELIZ G. SUPNAD, LAMBERTO L. SANTOS III; MEMBERS: PAUL ELBERT E. AMON, ALSTON ANARNA, OZAN J.
FULLEROS, CECILIO M. JIMENO, JR., ISMAEL SARANGAYA, JR.; CONTRIBUTORS: LOISE RAE G. NAVAL, MONICA JUCOM
Q: What is the effect of nonpublication of the
law?
A: The law shall not be effective. It is a violation
of due process.
with the publication requirement?
A: Publication must be in full or it is no
publication at all since its purpose is to inform the
public of the contents of the laws…the mere
mention of the number of the presidential
decree, the title of such decree, its whereabouts,
the supposed date of effectivity, and in a mere
supplement of the Official Gazette cannot satisfy
the publication requirement. This is not even
substantial compliance. (Tañada v. Tuvera, G.R.
No. L63915, Dec. 29, 1986)
Q: Judicial decisions form part of the law or the
legal system of the land. Is compliance with the
publication requirement for effectivity of laws
necessary for judicial decisions to be effective?
A: No. The term “laws” do not include decisions
of the Supreme Court because lawyers in the
active law practice must keep abreast of
decisions, particularly where issues have been
clarified, consistently reiterated and published in
advance reports and the SCRA (Roy v. CA, G.R. No.
80718, Jan. 29, 1988)
general circulation or in the Official
Gazette.When is a newspaper of general
circulation?
A:
jurisdiction
and general information.
paying subscribers
persons.
B. IGNORANCE OF THE LAW
Q: Differentiate mistake of law from mistake of
fact.
A:
Want of knowledge of
some fact or facts
hand.
as they apply to the act,
relation, duty, or matter
erroneous conclusion as
good faith
Note: Ignorance of a foreign law is a mistake of fact
Q: Tina charged Eduardo with bigamy. He
invokes as defense good faith and that he did
not know that there was still a need for a prior
declaration of nullity of marriage before he can
contract a subsequent marriage. Is his defense
tenable?
malice or evil intent when he married Tina. As a
general rule, mistake of fact or good faith of the
accused is a valid defense in a prosecution for a
felony by dolo; such defense negates malice or
criminal intent. However, ignorance of the law is
not an excuse because everyone is presumed to
know the law. Ignorantia legis neminem excusat.
(Manuel v. People, G.R. No. 165842, Nov. 29,
2005)
met Tina and proposed marriage, assuring her
that he was single. They got married and lived
together. Tina, upon learning that Eduardo
had been previously married, charged
Eduardo for bigamy for which he was
convicted.
that his first wife was already dead, having

EFFECT A ND A PPLICATION OF LAWS
not heard from her for 20 years, and that he did not know that he had to go to court to seek for the nullification of his first marriage before marrying Tina.
Is Eduardo liable for the crime of bigamy?
A: Yes. Eduardo is presumed to have acted
with malice or evil intent when he married
Tina. As a general rule, mistake of fact or good
faith of the accused is a valid defense in a
prosecution for a felony by dolo; such defense
negates malice or criminal intent. However,
ignorance of the law is not an excuse because
everyone is presumed to know the law. It was
the burden of the Eduardo to prove his defense
that when he married the Tina, he was of the
wellgrounded belief that his first wife was
already dead. He should have adduced in
evidence a decision of a competent court
declaring the presumptive death of his first
wife as required by Article 349 of the Revised
Penal Code, in relation to Article 41 of the
Family Code. Such judicial declaration also
constitutes proof that Eduardo acted in good
faith, and would negate criminal intent on his
part when he married the private complainant
and, as a consequence, he could not be held
guilty of bigamy in such case. Eduardo,
however, failed to discharge his burden.
(Manuel v. People, G.R. No. 165842, Nov. 29,
2005)
Q: What is the rule as regards difficult questions of law?
A: In specific instances provided by law, mistake
as to difficult questions of law has been given the
same effect as a mistake of fact. E.g. Mistake
upon a doubtful or difficult question of law may
be the basis of good faith. [Art. 526 (3)]
C. RETROACTIVITY OF LAWS
A: GR: Laws shall have no retroactive effect.
XPN: TIN CREEP 1. Tax laws
2. Interpretative statutes
4. Curative Statutes
provided, accused is not a habitual
criminal
retroactivity would result to: IE
1. Impairment of obligation of contracts
2. Ex Post Facto Laws
Note: In case of doubt: laws apply prospectively, not
retroactively.
A: No. When a doctrine of the Supreme Court is
overruled and a different view is adopted, the
new doctrine should be applied prospectively and
should not apply to parties who had relied on the
old doctrine and acted on the faith thereon.
(Rabuya, p. 10)
D. MANDATORY OR PROHIBITORY LAWS
Q: What is the status of acts which are contrary to law?
A: GR: Acts that are contrary to the provisions of
mandatory and proibitory law are void. (Art.
5, NCC)
violator,
not authorized to do so;
2. Itself authorizes its validity;
3. Makes the act merely voidable i.e. valid
until annulled;
recognizes its effects as legally existing,
e.g. Child born after the annulment of
marriage is considered legitimate.
E. WAIVER OF RIGHTS
A: It is a legally enforceable claim of one person
against another, that the other shall do a given
act, or shall not do a given act (Pineda, Persons, p.
23)
A:
of the nature of man and depend upon
personality.
good reputation.
participate, directly or indirectly, in the
establishment or administration of
public office, right of petition.
3. Civil Rights – Those that pertain to a
person by virtue of his citizenship in a
state or community.
protection of laws, freedom of contract,
trial by jury. (Pineda, Persons, p. 24)
4 CIVIL LAW TEAM:
a. Rights of personalty or human
rights;
A:
public policy, morals or good
customs.
with a right recognized by
law.
a. A natural right, such as right
to life.
inheritance.
A: EKI
2. The one waiving such right must have
Knowledge of evidence thereof
(Valderamma v. Macalde, G.R.
A: AFCUNF
right he is renouncing.
waiver
4. Waiver must Not be contrary to law,
public order, public morals, etc.
5. When Formalities are required, they
must be complied with.
F. REPEAL OF LAWS
A: Repeal may be express or implied. It is express
if the law expressly provides for such. On the
other hand, it is implied when the provisions of
the subsequent law are incompatible or
inconsistent with those of the previous law.
Q: What are the requisites of implied repeal?
A:
Q: What is the rule on repeal of repealing laws?
A: It depends upon how the old law is repealed by
the repealing law:
1. If the old law is e xpressly repealed and
repealing law is repealed: the Old law is
not revived
repealing law is repealed: the Old law is
revived.
cases.
jurisdiction?
in themselves not laws, are nevertheless evidence
of what the laws mean.

EFFECT A ND A PPLICATION OF LAWS
Q: When do judicial decisions form part of the law of the land?
A: GR: As of the date of the enactment of said
law. This is so because the Supreme Court’s
interpretation merely establishes the
construed law purports to carry into effect.
XPN: When a doctrine is overruled and a
different view is adopted, the new doctrine
should be applied prospectively and should
not prejudice parties who relied on the old
doctrine.
A: It is adherence to judicial precedents. Once a
question of law has been examined and decided,
it should be deemed settled and closed to further
argument.
when in the light of changing conditions, a rule has
ceased to be beneficial to the society, courts may
depart from it.
earlier decisions of the Supreme Court.
H. DUTY TO RENDER JUDGMENT
Q: Can the Court decline to render judgment by reason of silence of the law?
A: No.No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the law.
Note: However, this duty is not a license for courts
to engage in judicial legislation. The duty of the
courts is to apply or interpret the law, not to make
or amend it.
I.PRESUMPTION AND APPLICABILITY OF CUSTOM
Q: What is the presumption in case there is doubt in the interpretation or application of laws?
A: That the lawmaking body intended right and
justice to prevail (Art. 10).
Q: What are customs?
obligatory, formed by repetition of acts uniformly
observed as a social rule.
Q: How are customs proved?
A: GR: Must be proved as a fact, according to the
rules on evidence.
by the same court recognizing the custom.
Q: What are the requisites to make a custom an obligatory rule?
A: PTOP
2. Practiced for a long period of Time
3. The community accepts it as a proper
way of acting, such that it is considered
Obligatory upon all.
group.
A: 1. In civil cases, customs may be applied
by the courts in cases where the
applicable law is: SOI a. Silent
b. Obscure
c. Insufficient
to law, public morals, etc.
2. In criminal cases, customs cannot be
applied because nullum crimen nulla
poena sine lege (There is neither crime
nor punishment, without a law).
J. LEGAL PERIODSS
A: Year – 365 days
Note: Month: if designated by its name: compute by
the number of days which it respectively has.
Week : 7 successive days regardless of which day it
would start
Note: In Commissioner of Internal Revenue v.
Primetown Property Group, Inc., the SC ruled that as
between the Civil Code, which provides that a year is
equivalent to 365 days, and the Administrative Code
of 1987, which states that a year is composed of 12
calendar months, it is the latter that must prevail
following the legal maxim, Lex posteriori derogat
priori.
A: Exclude the first, include the last;
Step 1. From the reckoning date, add the period
or number of days which will expire.
e.g. Calendar days, not leap year:
Date of commission = September 3, 2005
Prescriptive period = 90 days from commission
3 + 90 = 93
difference shall be the date in the month
immediately succeeding the last month whose
number of days was subtracted.
93
days was subtracted; hence, the remaining
difference of 2 shall be the date in December, the
month immediately succeeding November.
6 CIVIL LAW TEAM:
Hence, the last day for filing the action is
December 2, 2005.
Q: In a case for violation of the Copyright law
filed against her, Soccoro countered by saying
that since the crime was found out on
September 3, 1963, while the information was
filed on September 3, 1965, the crime had
already prescribed, since 1964 was a leap year.
Has the crime prescribed?
and 29 of a leap year should be counted as
separate days in computing periods of
prescription. Since this case was filed on
September 3, 1965, it was filed one day too late;
considering that the 730th day fell on September
2, 1965 — the year 1964 being a leap year.
With the approval of the Civil Code of the
Philippines (R.A. 386) we have reverted to the
provisions of the Spanish Civil Code in accordance
with which a month is to be considered as the
regular 30month and not the solar or civil month
with the particularity that, whereas the Spanish
Civil Code merely mentioned 'months, days or
nights,' ours has added thereto the term 'years'
and explicitly ordains in Article 13 that it shall be
understood that years are of three hundred sixty
five days.(People v. Ramos GR L25265, May 9,
1978, Ramos v. Ramos GR L25644, May 9, 1978)
However, when the year in questioned is a leap
year, the 365 day rule is not followed because
February 28 and 29 of a leap year should be
counted as separate days in computing periods of
prescription (NAMARCO vs Tuazon, GR No L
29131, Aug. 27, 1969).
Q: What is the rule if the last day falls on a
Sunday or a legal holiday?
A: It depends. If the act to be performed within
the period is:
a. the Rules of Court
b. an Order of the court; or
c. any Other applicable statute
The last day will automatically be the
next working day.
the act will still become due despite the
fact that the last day falls on a Sunday
or a legal holiday.
Q: When, where and upon whom do the
following laws apply?
public security and safety shall be
obligatory upon all those who live or
sojourn in the Philippine territory (Art.
14, NCC)
territory. (Art. 2, RPC)
E.g.
rights and duties, status, condition and
legal capacity of persons are binding
upon citizens of the Philippines
eventhough living abroad (Art. 15, NCC)
GR:Nationality rule – Binding upon
living abroad.
by an alien pursuant to the rules
that governs his country, the
Filipino spouse shall be considered
also as divorced.
persons
personal law of an individual is either the
Domiciliary Rule (Domicile) or Nationality
Rule (Citizenship)
GR:Lex Rei Sitae – Real property as well
as personal property is subject to the
law of the country where it is situated.
(Art. 16)
person whose succession is under
consideration, applies to:
things only: OAI a. Order of succession
b. Amount of successional rights
c. Intrinsic validity of the
testamentary provisions.
Note: The enumeration above is governed
by the national law of the decedent,
regardless of place of death.
4. Law governing extrinsic validity of
contracts, wills and public instruments.
GR:Lex loci celebrationis(Art. 17) – forms
and solemnities of contracts, wills and
other public instruments shall be
governed by the laws of the country in
which they are executed
following cases even though performed
abroad:
diplomatic or consular officials of
the Philippines.
public order, public policy and
good customs. (Art. 17, NCC)
A: In its jural and concrete sense, law means a
rule of conduct formulated and made obligatory
by legitimate power of the state. (Diaz, Statutory
Construction, p. 1)
Q: What is the effect of laws, judgments promulgated or conventions agreed upon in a foreign country on Philippine laws?
A: As regards prohibitive laws:
GR: Prohibitive laws concerning persons, their
acts, or property and laws which have for
their object public order, public policy or good
customs are not rendered ineffective by laws,
judgments promulgated or conventions
agreed upon in foreign country.
XPN: Art 26, par. 2 of the Family Code (FC), on
mixed marriages where the foreigner
obtained a divorce decree abroad and was
thereby capacitated to remarry.
recognized in the Philippines as a mode of
terminating marriage, still the marriage is
terminated by virtue of a judgment of divorce and
issuance of a divorce decree by a foreign court.
L. CONFLICT OF LAWS, RELATIVE TO DIVORCE
Q: The second clause of the will of Joseph, a Turkish citizen and a resident of the Philippines, states that:

8 CIVIL LAW TEAM:
disposition found in this will favorable to
the person or persons who fail to comply
with this request.
Is the clause abovequoted valid?
A: No, it is void. The second clause of the will
regarding the law which shall govern it and the
condition imposed, is null and void, being
contrary to law. Article 792 of the Civil Code
provides that “Impossible conditions and those
contrary to law or good morals shall be
considered as not imposed and shall not
prejudice the heir or legatee in any manner
whatsoever, even should the testator otherwise
provide.”
ignores the testator's national law when,
according to article 10 of the Civil Code, such
national law of the testator is the one to govern
his testamentary dispositions. Said condition then
is considered unwritten, hence the institution of
legatees is unconditional and consequently valid
and effective.
A:
Renvoi takes place when the conflicts
rule of the forum makes a reference to
a foreign law, but the foreign law is
found to contain a conflict rule that
returns or refers the matter back to the
law of the forum (Remission).
2. Transmission theory – Provides that
when the conflicts rule of the forum
makes a reference to a foreign law, but
the foreign law is found to contain a
conflict rule that refers it to a third
country, the law of the third country
shall apply.
should be proved by the proponent
thereof, otherwise, such law shall be
presumed to be exactly the same as the
law of the forum.
pursuant to a law which was
subsequently declared unconstitutional
done after the declaration of
unconstitutionality.
the Philippines. After he executed his will, he
went back to America and stayed there. During
the post mortem probate of the will, Helen, his
illegitimate natural child, opposed it on the
ground of preterition. She claims that under Art.
16 par. 2 of the Civil Code, in case of succession,
the national law of the deceased the civil code
of California should govern., which provides
that if a Californian not domiciled in California
dies, the law of his domicile must govern. Lucy,
on the otherhand, counters that under the same
provision, the national law of the deceased
should apply. Which law should be applied –
Philippine law or Californian Law?
A: Philippine Law should be applied. Where the
testator (Edward) was a citizen of California, and
domiciled in the Philippines, the amount of
successional rights should be governed by his
national law, that is, Californian law. However,
the conflict of law rules of California provides that
in cases of citizens who are residents of another
country, the law of the country of domicile should
apply, hence, Philippine law on legitimes should
be applied. This is so because California law itself
refers the case back to the Philippines. The
Philippine court has no other alternative but to
accept the referring back, for to do otherwise,
might result again in its referring back to the
Philippines, which would give rise to a sort of an
“international football”. (Aznar v. Garcia, G.R. No.
L16749. Jan. 31, 1963)

HUMAN RELATIONS
HUMAN RELATIONS
A. BREACH OF PROMISE TO MARRY
Q: Is breach of promise to marry an actionable wrong?
A: GR: No, a breach of promise to marry perse in not
an actionable wrong. There is no provision of the
Civil Code authorizing an action for breach of
promise to marry.
XPN: When the act is not a mere breach of
promise to marry but constitutes one where
damages pursuant to Art. 21 of the Civil Code may
be recovered, such as:
seduction. (Gashem Shookat Baksh v.
CA, G.R. No. 97336, February 19, 1993)
2. Where one formally sets a wedding and
go through and spend for all the
preparations and publicity, only to walk
out of it when the matrimony was
about to be solemnized.( Wassmer v.
Velez, G.R. No. L20089 , December 26,
1964)
Q: Maria met Ayatollah, an Iranian medical student, at the restaurant where she worked. A few days after, Ayatollah courted and proposed to marry Maria. The latter accepted his love on the condition that they would get married; they therefore agreed to get married. When the couple visited Maria's parents, Ayatollah was allowed to sleep with Maria during the few days of their stay. The couple continued to live together in an apartment. However, Ayatollah's attitude towards Maria changed. He maltreated her and when Maria became pregnant, Ayatollah gave her medicine to abort the fetus. Despite the abuses, Maria continued to live with Ayatollah and kept reminding him of his promise to marry her. However, Ayatollah told her that he could not do so because he was already married to a girl in Bacolod City. Maria left and filed a complaint for damages against Ayatollah for the alleged violation of their agreement to get married. May damages be recovered for a breach of promise to marry on the basis of Article 21 of the Civil Code?
A: A breach of promise to marry per se is not an
actionable wrong. But where a man's promise to
marry is the proximate cause of the acceptance of
his love by a woman and his representation to
fulfill that promise thereafter becomes the
proximate cause of the giving of herself unto him
in a sexual congress, proof that the promise was
only a deceptive device to inveigle her to obtain
her consent to the sexual act, could justify the
award of damages pursuant to Article 21 not
because of such promise to marry but because of
the fraud and deceit behind it and the willful
injury to her honor and reputation which
followed thereafter. It is essential, however, that
such injury should have been committed in a
manner contrary to morals, good customs or
public policy. In the instant case, Ayatollah's
fraudulent and deceptive protestations of love for
and promise to marry Maria that made her
surrender her virtue and womanhood to him and
to live with him on the honest and sincere belief
that he would keep said promise, In short, Maria
surrendered her virginity, the cherished
possession of every single Filipina, not because of
lust but because of moral seduction.(Gashem
Shookat Baksh v. CA, G.R. No. 97336, February 19,
1993)
Q: Soledad a highschool teacher used to go around together with Francisco, who was almost ten (10) years younger than she. Eventually, intimacy developed between them after Soledad became an underwriter in Cebu. One evening, after coming from the movies, they had sexual intercourse in Francisco's cabin on board M/V "Escaño," to which he was then attached as apprentice pilot. After a few months, Soledad advised Francisco that she was pregnant, whereupon he promised to marry her. Later their child was born. However, subsequently, Francisco married another woman. Soledad filed a complaint for moral damages for alleged breach of promise to marry. May moral damages be recovered for breach of promise to marry?
A: No. It is the clear and manifest intent of our
law making body not to sanction actions for
breach of promise to marry. Moreover, Francisco
is not morally guilty of seduction, not only
because he is approximately ten (10) years
younger than the complainant — who around
thirtysix (36) years of age, and as highly
enlightened as a former high school teacher and a
life insurance agent are supposed to be — when
she became intimate with him, then a mere
apprentice pilot, but, also, because, the court of
first instance found that, complainant
"surrendered herself" to Francisco because,
"overwhelmed by her love" for him, she "wanted
to bind" "by having a fruit of their engagement
even before they had the benefit of clergy.

10 CIVIL LAW TEAM:
(Hermosisima v. CA, G.R. No. L14628, September
30, 1960)
sufficient promise or inducement and the woman
must yield because of the promise or other
inducement. If she consents merely from carnal lust
and the intercourse is from mutual desire, there is
no seduction.
Article 21 of the Civil Code?
A: LCI
customs, public order or policy
3. the act is done with Intent to injure.
Note: Art. 21 deals with acts contra bonus mores or
contrary to good morals and presupposes loss or
injury, material or otherwise, which one may suffer
as a result of such violation

PERSONS AND FAMILY RELATIONS
I. PERSONS AND PERSONALITY
A. CAPACITY TO ACT
A:
Definition
legal effect
causes
Can exist without
capacity to act
Q: What are the restrictions on capacity to act?
A: MIDIPC 1. Minority,
2. Insanity,
6. Civil Interdiction
Q: What are the circumstances that modify or limit capacity to act?
A: IPAIDFATPIA 1. Insanity
2. Prodigality
3. Age
4. Imbecility
A: It depends upon the classification of persons:
1. Natural persons – by death
2. Juridical persons – by termination of
existence
A: GR: Actual / Permanent Personality –
Personality begins at birth; not at conception
XPN: Presumptive / Temporary – The law
considers the conceived child as born
(Conceptus pro nato habetur)
the foetus must be “born later in accordance
with law” and the purpose for which such
personality is given must be beneficial to the
child.
Q: May a fetus be considered born for all purposes?
A: No. Only for purposes beneficial and favorable
to it.
in accordance with law”.
1. Less than 7 months – Must survive for
at least 24 hours after its complete
delivery from the maternal womb
2. At least 7 months – If born alive:
considered born, even it dies within 24
hours after complete delivery.
Q: Does the conceived child have the right to be acknowledged even if it is still conceived?
A: Yes. It is a universal rule of jurisprudence that a
child, upon being conceived, becomes a bearer of
legal rights and is capable of being dealt with as a
living person. The fact that it is yet unborn is no
impediment to the acquisition of rights provided
it be born later in accordance with Law (De Jesus
v. Syquia, G.R. No. L39110, Nov. 28, 1933).

A: It depends upon the classification of persons:
1. Natural persons – by death
2. Juridical persons – by termination of
existence
as to who died first?
A: It depends on whether the parties are called to
succeed each other.
12 CIVIL LAW TEAM:
1. If successional rights are involved – Art.
43 of the NCC: Survivorship Rule; and
Rule 131, Sec. 3(kk ): Presumption of
simultaneity of deaths between persons
called to succeed each other, applies.
2. If no successional rights are involved –
Rule 131, Sec. 3 (jj) of the Rules of Court
applies. (Presumption of survivorship)
Note: Both are to be applied only in the absence of
facts.
Q: Jaime, who is 65, and his son, Willy, who is
25, died in a plane crash. There is no proof as to
who died first. Jaime’s only surviving heir is his
wife, Julia, who is also Willy’s mother. Willy’s
surviving heirs are his mother, Julia, and his wife,
Wilma.
successfully claim that her late husband, Willy,
had a hereditary share since he was much
younger than his father and therefore, should be
presumed to have survived longer?
A: No, Wilma cannot successfully claim that Willy
had a hereditary share in his father’s estate.
Under Art 43, Civil Code, two persons “who are
called to succeed each other” are presumed to
have died at the same time, in the absence of
proof as to which of them died first. This
presumption of simultaneous death applies in
cases involving the question of succession as
between the two who died, who in this case, are
mutual heirs, being father and son.
Q: Suppose, Jaime had a life insurance policy
with his wife Julia, and his son, Willy, as the
beneficiaries. Can Wilma successfully claim that
onehalf of the proceeds should belong to Willy’s
estate?
Sec.3(jj) par.5 Rule 131, Rules of Court, as the
dispute does not involve succession.
Under this presumption, the person between the
ages of 15 and 60 is deemed to have survived one
whose age was over 60 at the time of their
deaths. The estate of Willy endowed with juridical
personality stands in place and stead of Willy, as
beneficiary. (1998 Bar Question)
SURVIVORSHIP RULE UNDER CIVIL CODE
Q: Explain the survivorship rule under the new
Civil Code.
A: If in doubt as to who died first between 2 or
more persons called to succeed each other:
Burden of Proof : Whoever alleges the death of
one prior to the other shall prove the same;
Absent such proof : Presumption is they all died at
the same time. There shall be no transmission of
successional rights.
application of the survivorship rule?
A: It applies when the following conditions are
present:
2. There is no proof as to who died first
3. There is doubt as to who died first
Q: What is the presumption under the
survivorship rule?
two or more persons who are called to succeed
each other, die, they shall be presumed to have
died at the same time.
PRESUMPTIONS ON SURVIVORSHIP UNDER THE
RULES OF COURT
under the Rules of Court.
A: The Rules of Court provide that:
1. when two or more persons
2. perish in the same calamity and
3. it is not shown who died first, and

from which it can be inferred that one
died ahead of the other,
The survivorship shall be determined from the
probabilities resulting from the strength and age
of the sexes according to the following rules:
Age/Sex of decedents at the time of death
Who presumed to have survived Decedent A Decedent B
Under 15 Under 15 Older
Above 60 Above 60 Younger
Under 15 Above 60 Under 15
(younger)
60
Q: Do the statutory rules in the determination of sequence of death absolutely apply in a case where indirect and/or inferential evidence surrounding the circumstances of the deaths exists?
A: No. It is manifest from the language of section
69 (ii ) of Rule 123 and that of the foregoing
decision that the evidence of the survivorship
need not be direct; it may be indirect,
circumstantial, or inferential. Where there are
facts, known or knowable, from which a rational
conclusion can be made, the presumption does
not step in, and the rule of preponderance of
evidence controls. It is the "particular
circumstances from which it (survivorship) can be
inferred" that are required to be certain as tested
by the rules of evidence. It is enough that "the
circumstances by which it is sought to prove the
survivorship must be such as are competent and
sufficient when tested by the general rules of
evidence in civil cases." (Joaquin v. Navarro, G.R.
No. L5426, May 29, 1953)
Q: At the age 18, Marian found out that she was pregnant. She insured her own life and named her unborn child as her sole beneficiary. When she was already due to give birth, she and her boyfriend Pietro, the father of her unborn child, were kidnapped in a resort in Bataan where they were vacationing. The military gave chase and after one week, they were found in abandoned hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the baby she delivered were both
found dead, with the baby’s umbilical cord already cut. Pietro survived.
Can Marian’s baby be the beneficiary of the insurance taken on the life of the mother?
A: An unborn child may be designated as the
beneficiary in the insurance policy of the
mother. An unborn child shall be considered a
person for purposes favorable to it provided it
is born later in accordance with the Civil Code.
There is no doubt that the designation of the
unborn child as a beneficiary is favorable to the
child.
Between Marian and the baby, who is presumed to have died ahead?
A: If the baby was not alive when completely
delivered from the mother’s womb, it was not
born as a person, then the question of who
between two persons survived will not be an
issue. Since the baby had an intrauterine life
of more than 7 months, it would be considered
born if it was alive, at the time of its complete
delivery from the mother’s womb. We can
gather from the facts that the baby was
completely delivered. But whether or not it
was alive has to be proven by evidence.
If the baby was alive when completely
delivered from the mother’s womb, then it was
born as a person and the question of who
survived as between the baby and the mother
shall be resolved by the provisions of the Rules
of Court on survivorship. This is because the
question has nothing to do with succession.
Obviously, the resolution of the question is
needed just for the implementation of an
insurance contract. Under Rule 13, Sec. 3, (jj),
(5) as between the baby who was under 15
years old and Marian who was 18 years old,
Marian is presumed to have survived.
In both cases, therefore, the baby never
acquired any right under the insurance policy.
The proceeds of the insurance will then go to
the estate of Marian.

under the insurance contract, there is nothing
for Prieto to inherit. (2008 Bar Question)
14 CIVIL LAW TEAM:
B. DOMICILE AND RESIDENCE OF PERSON
Q: Distinguish between residence and
domicile.
permanent or temporary. Domicile denotes a
fixed permanent to which, when absent, one
has the intention of returning.
Q: Where is the domicile of a natural person
for the exercise of civil rights and fullfilment
of civil obligations?
Q: Where is the domicile of juridical persons?
A:
recognizing the juridical person
where their legal representation is
established or where they exercise
their principal functions.
union between a man and a woman entered into
in accordance with law for the establishment of
conjugal and family life. It is the foundation of the
family and an inviolable social institution whose
nature, consequences, and incidents are
governed by law and not subject to stipulation,
except that marriage settlements may fix the
property relations during the marriage within the
limits provided by the Family Code. (Art. 1, FC)
A.REQUISITES
Q: What is meant by the law when it declares
marriage as an inviolable social institution?
A: Marriage is an institution in which the
community is deeply interested. The State has
surrounded it with safeguards to maintain its
purity, continuity and permanence. The security
and stability of the State are largely dependent on
it. It is in the interest and duty of each member of
the community to prevent the bringing about of a
condition that would shake its foundation and
lead to its destruction. The incidents of the status
are governed by law, not by will of the parties.
(Beso v. Daguman, A.M. No. MTJ991211,
January 28, 2000 [citing Jimenez v. Republic, G.R.
No. L12790, August 31,1960])
Q: Distinguish marriage from ordinary contract.
A:
Social institution
Applicable law
persons regardless of
A:
who must be a male and a female
2. Consent freelygiven in the presence of
the solemnizing officer
Q: What constitute legal capacity of the parties to marry?
A: ASI 1. Age – at least 18yrs
2. Sex – between male and female
3. Lack of legal impediment to marry
Q: Are there other requirements, taking into consideration the age of the parties to the marriage, for the validity of such marriage?
A: Yes, depending upon the age of the contracting
party.
Marriage counselling
Marriage counselling
parental consent does not make the marriage void
but only voidable.
A: CAL 1. Marriage Ceremony
2. Authority of the solemnizing officer
3. Valid marriage License
Q: What is the status of marriage in case of:
1. Absence of any of the essential requisites? A: Void ab initio
2. Absence of any of the formal requisites? A:GR: Void ab initio.
XPN: Valid even in the absence of
formal requisite:
requirement
good faith that the solemnizing
officer had the proper authority.
3. Defect in essential requisites?
A: Voidable
4. Irregularity in formal requisites? A: Valid, but the party responsible for
such irregularity shall be civilly,
criminally or administratively lia

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