CivRev Outline (Page 7-10)

8/13/2019 CivRev Outline (Page 7-10)

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I. Introduction to Civil Law

I. Tolentino, Civil Code

II. Balane, Spanish Antecedents

II. Effect and Application of Laws

A. When do laws take effect?

NCC Art. 2. Laws shall take effect after fifteendays following the co pletion of theirp!"lication in the #fficial $a%ette, !nless it isotherwise provided. This Code shall take effectone year after s!ch p!"lication.

&AC Secs.'()2*

Chapter +

# -&ATI#N AN -//-CT #/ LA0S Sec. '(. 0hen Laws Take -ffect. ) Laws shalltake effect after fifteen 1'+ days following theco pletion of their p!"lication in the #fficial

$a%ette or in a newspaper of general circ!lation,!nless it is otherwise provided.chanro"lesvirt!al law li"rary

Sec. '3. rospectivity. ) Laws shall haveprospective effect !nless the contrary ise4pressly provided.chanro"les virt!al law li"rary

Sec. 25. Interpretation of Laws andAd inistrative Iss!ances. ) In the interpretationof a law or ad inistrative iss!ance pro !lgated

in all the official lang!ages, the -nglish te4tshall control, !nless otherwise specifically

provided. In case of a "ig!ity, o ission oristake, the other te4ts ay "e cons!lted.

Sec. 2'. No I plied &evival of &epealed Law.)0hen a law which e4pressly repeals a prior lawitself repealed, the law first repealed shall not"e there"y revived !nless e4pressly soprovided.

Sec. 22. &evival of Law I pliedly &epealed. )0hen a law which i pliedly repeals a prior lawis itself repealed, the prior law shall there"y "erevived, !nless the repealing law providesotherwise.

Sec. 26. Ignorance of the Law. ) Ignorance ofthe law e4c!ses no one fro co pliancetherewith.

Chapter 7

#//ICIAL $A8-TT- Sec. 2*. Contents. ) There shall "e p!"lishedin the #fficial $a%ette all legislative acts andresol!tions of a p!"lic nat!re9 all e4ec!tive andad inistrative iss!ances of general application9decisions or a"stracts of decisions of theS!pre e Co!rt and the Co!rt of Appeals, orother co!rts of si ilar rank, as ay "e dee ed"y said co!rts of s!fficient i portance to "e sop!"lished9 s!ch doc! ents or classes ofdoc! ents as ay "e re:!ired so to "ep!"lished "y law9 and s!ch doc! ents orclasses of doc! ents as the resident shalldeter ine fro ti e to ti e to have generalapplication or which he ay a!thori%e so to "ep!"lished.

The p!"lication of any law, resol!tion or otherofficial doc! ents in the #fficial $a%ette shall

"e pri a facie evidence of its a!thority.


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p!"lication in the #fficial $a%ette of June 14,1982

1eld/ N#

The S!pre e Co!rt held that -# 727)A is

a penal reg!lation p!"lished ore than twoonths after the confiscation of the cattle or in E!ne '*, '3(2.


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The penal stat!te in :!estion wascirc!lated only on E!ne '*, '3F3 and not on itsprinted date of April 3, '3F3. !"lication of thelaw is necessary so that the p!"lic can "eapprised of the contents of a penal stat!te"efore it can "e "o!nd "y it. If a stat!te had not"een p!"lished "efore its violation, then in the

eyes of the law there was no s!ch law to "eviolated.


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"een ac:!ired "y eans of ho estead.etitioner for his part accepted the contract ofortgage.

Believing that there are no violations to theprohi"itions in the alienation of lands etitioner,acting in good faith took possession of the land.

To wit, the etitioner has no knowledge that theenDoy ent of the fr!its of the land is an ele entof the credit transaction of Antichresis.

Issue/

'. 0hether or not the principal contractentered into is n!ll and void.

2. 0hether or not the s!"se:!ent contract isn!ll and void.

6. 0hether or not the Masilag is a possessorin good faith of the land.

1eld/

'. The cardinal r!le in the interpretation ofcontracts is to the effect that the intention ofthe contracting parties sho!ld always prevail"eca!se their will has the force of law "etweenthe . Article '2(' 1now Art. '6F5 of the CivilCode consecrates this r!le and provides, that if

the ter s of a contract are clear and leave nodo!"t as to the intention of the contractingparties, the literal sense of its stip!lations shall"e followed9 and if the words appear to "econtrary to the evident intention of thecontracting parties, the intention shall prevail.

The contract sho!ld "e interpreted inaccordance with these r!les. As the ter sthereof are clear and leave no roo for do!"t, itsho!ld "e interpreted according to the literaleaning of its cla!ses.

The words !sed "y the contracting parties in thecontract clearly show that they intended toenter into the principal contract of loan in thea o!nt of ',555, with interest at '2 per centper ann! , and into the accessory contract ofortgage of the i prove ents on the land

ac:!ired as ho estead, the parties having

oreover, agreed !pon the pacts and conditionsstated in the deed. In other words, the partiesentered into a contract of ortgage of thei prove ents on the land ac:!ired asho estead, to sec!re the pay ent of theinde"tedness for ',555 and the stip!latedinterest thereon.

Another f!nda ental r!le in the interpretationof contracts, not less i portant than thoseindicated, is to the effect that the ter s, cla!sesand conditions contrary to law, orals andp!"lic order sho!ld "e separated fro the validand legal contract and when s!ch separationcan "e ade "eca!se they are independent ofthe valid contract which e4presses the will ofthe contracting parties.

rincipal contract is that of loan and theaccessory that of ortgage of thei prove ents !pon the land ac:!ired as a

ho estead. There is no :!estion that the first ofthese contract is valid as it is not against thelaw.

2. arties entered into another ver"alcontract where"y the petitioner was a!thori%edto take possession of the land, to receive thefr!its thereof and to introd!ce i prove entsthereon, provided that he wo!ld reno!nce thepay ent of stip!lated interest and he wo!ldass! e pay ent of the land ta4. The

possession "y the petitioner and his receipt of


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the fr!its of the land, considered as integralele ents of the contract of antichresis, areillegal and void agree ents "eca!se thecontract of antichresis is a lien and s!ch ise4pressly prohi"ited "y section ''7 of Act No.2(F*.

6. espite the foregoing, SC fo!nd thedefendant)petitioner Masilag as a possessor ofthe land in good faith. Sec *66 of the Civil Codeof the hilippines provides K-very person who is!naware of any flaw in his title or in the annerof its ac:!isition "y which it is invalidated shall"e dee ed a possessor of good faith. And inthis case, the petitioner acted in good faith.$ood faith ay"e a "asis of e4c!sa"le

ignorance of the law, the petitioner acted ingood faith in his enDoy ent of the fr!its of theland to which was done thro!gh his apparentac:!isition thereof.

C. Retroactivit6

NCC Art. * +

Art. *. Laws shall have no retroactive effect,!nless the contrary is provided.

Art. +. Acts e4ec!ted against the provisions ofandatory or prohi"itory laws shall "e void,e4cept when the law itself a!thori%es theirvalidity.

NCC Art.22+2)2273

T&ANSITI#NAL ISI#NSArt. 22+2. Changes ade and new provisionsand r!les laid down "y this Code which aypreD!dice or i pair vested or ac:!ired rights in

accordance with the old legislation shall have noretroactive effect.

/or the deter ination of the applica"le law incases which are not specified elsewhere in thisCode, the following articles shall "e o"served1 ars. ' and 2, Transitional rovisions .

Art. 22+6. The Civil Code of '((3 and otherprevio!s laws shall govern rights originating,!nder said laws, fro acts done or events which

took place !nder their regi e, even tho!gh thisCode ay reg!late the in a different anner,or ay not recogni%e the . B!t if a right sho!ld"e declared for the first ti e in this Code, itshall "e effective at once, even tho!gh the actor event which gives rise thereto ay have"een done or ay have occ!rred !nder priorlegislation, provided said new right does notpreD!dice or i pair any vested or ac:!ired right,of the sa e origin. 1&!le '

Art. 22+*. No vested or ac:!ired right can arisefro acts or o issions which are against the lawor which infringe !pon the rights of others. 1n

Art. 22++. The for er laws shall reg!late actsand contracts with a condition or period, whichwere e4ec!ted or entered into "efore theeffectivity of this Code, even tho!gh thecondition or period ay still "e pending at theti e this "ody of laws goes into effect. 1n


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Art. 22+7. Acts and contracts !nder the regi eof the old laws, if they are valid in accordancetherewith, shall contin!e to "e f!lly operative asprovided in the sa e, with the li itationsesta"lished in these r!les. B!t the revocation orodification of these acts and contracts afterthe "eginning of the effectivity of this Code,

shall "e s!"Dect to the provisions of this new"ody of laws. 1&!le 2a

Art. 22+F. rovisions of this Code which attach acivil sanction or penalty or a deprivation ofrights to acts or o issions which were notpenali%ed "y the for er laws, are not applica"leto those who, when said laws were in force, ayhave e4ec!ted the act or inc!rred in theo ission for"idden or conde ned "y this Code.

If the fa!lt is also p!nished "y the previo!slegislation, the less severe sanction shall "eapplied.

If a contin!o!s or repeated act or o ission wasco enced "efore the "eginning of theeffectivity of this Code, and the sa e s!"sists oris aintained or repeated after this "ody of lawshas "eco e operative, the sanction or penaltyprescri"ed in this Code shall "e applied, eventho!gh the previo!s laws ay not haveprovided any sanction or penalty therefor. 1&!le6a

Art. 22+(. Actions and rights which ca e into"eing "!t were not e4ercised "efore theeffectivity of this Code, shall re ain in f!ll forcein confor ity with the old legislation9 "!t theire4ercise, d!ration and the proced!re to enforcethe shall "e reg!lated "y this Code and "y the&!les of Co!rt. If the e4ercise of the right or of

the action was co enced !nder the old laws,"!t is pending on the date this Code takes

effect, and the proced!re was different frothat esta"lished in this new "ody of laws, theparties concerned ay choose which ethod orco!rse to p!rs!e. 1&!le *

Art. 22+3. The capacity of a arried wo an toe4ec!te acts and contracts is governed "y thisCode, even if her arriage was cele"rated!nder the for er laws. 1n

Art. 2275. The vol!ntary recognition of a nat!ralchild shall take place according to this Code,even if the child was "orn "efore the effectivityof this "ody of laws. 1n

Art. 227'. The e4e ption prescri"ed in Article652 shall also "e applica"le to any s!pport,pension or grat!ity already e4isting or granted"efore this Code "eco es effective. 1n

Art. 2272. $!ardians of the property of inors,appointed "y the co!rts "efore this Code goesinto effect, shall contin!e to act as s!ch,notwithstanding the provisions of Article 625.1n

Art. 2276. &ights to the inheritance of a personwho died, with or witho!t a will, "efore theeffectivity of this Code, shall "e governed "y theCivil Code of '((3, "y other previo!s laws, and"y the &!les of Co!rt. The inheritance of thosewho, with or witho!t a will, die after the"eginning of the effectivity of this Code, shall "eadD!dicated and distri"!ted in accordance withthis new "ody of laws and "y the &!les of Co!rt9"!t the testa entary provisions shall "e carriedo!t insofar as they ay "e per itted "y thisCode. Therefore, legiti es, "etter ents,legacies and "e:!ests shall "e respected9however, their a o!nt shall "e red!ced if in noother anner can every co p!lsory heir "e


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etitioners filedan accionpubliciana against private respondent?agday at the C/I of Isa"ela. Believing that aspa!per litigants they did not have to s!" it arecord on appeal, they waited for the trial co!rtto elevate the entire records of the case to CA1as provided in Section '7, &!le *' of the &!les

of Co!rt .#n E!ne '7, '3F7, respondent E!dge

dis issed the appeal for fail!re to file a recordon appeal, hence this petition. =nder the &!lesof Co!rt then in force, a record on appeal wasindeed re:!ired to "e filed "y a pa!perappellant altho!gh it did not have to "e printed.

Issue/

0hether or not a ti ely s!" ission of arecord on appeal is re:!ired for the perfectionof an appeal "y a pa!per litigant

1eld/

N#.

=nder B. . Blg. '23, which has overtakenthis case "efore it co!ld "e decided, a record onappeal is no longer re:!ired for the perfection ofan appeal. This law was given retroactive

effect.As held in eople v S! ilang, "eing

proced!ral in nat!re, those provisions ay "eapplied retroactively for the "enefit ofpetitioners, as appellants. GStat!tes reg!latingthe proced!re of the co!rts will "e constr!ed asapplica"le to actions pending !ndeter ined atthe ti e of their passage. roced!ral laws areretrospective in that sense and to that e4tent.G

:RCA Inc. vs. CA

G.R. o. +""%9' ;ece73er *&' *&+&

Grino!A,uino' -.

acts/

/acts The etitioner ?&CA Inc., filed aco plaint against private respondents spo!ses1who were defendants in said civil case . Saidcase was dis issed "y the trial co!rt d!e to thenon)pay ent of proper filing fees whenpetitioner failed to incl!de incl!de in theco plain the a o!nt of oral da ages,e4e plary da ages, attorneyGs fees andlitigation e4penses so!ght to "e recovered.

The Co!rt of Appeals 1CA affir ed said r!ling,hence the petitioner co es to SC "y petition forreview. etitioner contends that the ?anchesterr!ling does not apply to the case since saidco!rt decision was not p!"lished in the #fficial$a%ette. It sho!ld "e noted that petitioner filedsaid co plaint ten onths after thepro !lgation of the ?anchester r!ling.

Issue/

W4n court rulings need to 3e pu3lished inthe 0fficial Ga


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Congress appropriated an a o!nt for de"tservice "igger than the share allocated toed!cation, the Co!rt finds and so holds that saidappropriation cannot "e there"y assailed as!nconstit!tional.

. ;ut6 to render udg7ent

NCC Art.3No D!dge or co!rt shall decline torender D!dg ent "y reason of the silence,o"sc!rity or ins!fficiency of the laws.

& C Art.+ Acts e4ec!ted against the provisionsof andatory or prohi"itory laws shall "e void,e4cept when the law itself a!thori%es theirvalidity.

$. Applica"ility of C!sto

NCC Art.'')'2

Art. '' C!sto s which are contrary to law,p!"lic order or p!"lic policy shall not "eco!ntenanced. 1n

Art. '2. A c!sto !st "e proved as a fact,according to the r!les of evidence.

'3(FC#NSTIArt.PIIsec.+ The State, s!"Dect tothe provisions of this Constit!tion and national

develop ent policies and progra s, shall

protect the rights of indigeno!s c!lt!ralco !nities to their ancestral lands to ens!retheir econo ic, social, and c!lt!ral well)"eing.

The Congress ay provide for the applica"ilityof c!sto ary laws governing property rights orrelations in deter ining the ownership ande4tent of ancestral do ain.

C &!le'23 Sec.2)6

Sec. 2 Judicial notice, *hen discretionar+ . Aco!rt ay take D!dicial notice of atters whichare of p!"lic knowledge, or are capa"le to!n:!estiona"le de onstration, or o!ght to "eknown to D!dges "eca!se of their D!dicialf!nctions. 1'a

Sec. 6 Judicial notice, *hen hearin necessar+ . !ring the trial, the co!rt, on its owninitiative, or on re:!est of a party, ayanno!nce its intention to take D!dicial notice ofany atter and allow the parties to "e heardthereon.

:artine< vs. 2an 5uskirk

G.R. o. L!9"&*' ;ece73er $%' *&*)

:oreland' -.

acts/

'. #n the ''th day of Septe "er, '35(,Car en #ng de ?artine%, was ridinga carromata in -r ita, ?anila when a deliverywagon owned "y the defendant 1!sed for thetransportation of fodder and to which two horses

are attached , ca e fro the opposite direction,while their carromata went close to the


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sidewalk in order to let the delivery wagon pass"y.


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perfection of an appeal, incl!ding the filing of anappeal "ond and the pay ent of the appellateco!rt docket fee. D!risdictional .

a7arco vs. 8ecson

G.R. o. L!$&*(*' August $%' *&"&

Concepcion' -.

acts/

etitioner NA?A&C# as s!ccessor, as s!ccessorto all the properties, assets, rights, and choosesinaction of the rice Sta"ili%ation Corporation, asplaintiff in that case and D!dg ent creditortherein, filed,with the sa e co!rt, a co plaint


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against the sa e defendants, for the revival ofthe D!dg entrendered.&espondent and thenefendant Tecson oved to dis iss saidco plaint, !pon the gro!nd of lackof D!risdiction over the s!"Dect atter thereofand prescription of action.Tecson contends thatthe ecision "eca e final and e4ec!tory in ec.

2', '3++, and that since '375 and'37* were"oth leap years. Th!s the present case, where itwas field on ec. 2', '37+, was filed twodayslate. etitioner filed an appeal to the Co!rt ofAppeals, which the latter certified the case tothis co!rt.

Issue/

Sho!ld the petition "e grantedJ

1eld/

The Co!rt r!led in favor of the respondent.Theco!rt held that the ter years and e4plicitlyordains that it shall "e !nderstood that yearsare of three h!ndred si4ty)five days. Altho!ghso e e "ers of the Co!rt are inclined to thinkthat this legislation is not realistic, for fail!re toconfor to ordinary e4perience or practice, thetheory of plaintiff)appellant herein cannot"e!pheld witho!t ignoring, if not n!llifying, Art.

'6 of o!r Civil Code, and reviving Section '6 ofthe &evisedAd inistrative Code, there"yengaging in D!dicial legislation, and, in effect,repealing an act of Congress.

If p!"lic interest de ands a reversion to thepolicy e "odied in the &evised Ad inistrativeCode, this ay "e done thro!gh legislativeprocess, not "y D!dicial decree.

I. 5inding effect

NCC Art. '+Laws relating to fa ily rights andd!ties, or to the stat!s, condition and legalcapacity of persons are "inding !pon citi%ens ofthe hilippines, even tho!gh living a"road.

5arretto!Gon


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children has not ade the pay ents fi4ed inthe &enodivorce as ali ony.

$on%ales ca e "ack to the hilippines inA!g!st '32( and shortly after, Barreto "ro!ghtanaction at the C/I)?anila re:!esting to confir ratify the decree of divorce iss!ed "y theco!rtsof Nevada invoked sec 3 of Act 2F'5.S!ch is re:!ested to "e enforced, and deliver tothe$!ardian ad lite the e:!ivalent of whatwo!ld have "een d!e to their children as theirlegal portion fro respective estates had theirparents died intestate on Nove "er 2(, '32F,they alsoprayed that the arriage e4isting"etween Barreto $on%ales "e declareddissolved $on%ales"e ordered to pay Barreto+55 per onth, co!nsel fees of +555 all thee4penses inc!rred ined!cating the 6 inor sons.

The g!ardians of the children also filedas intervenors in the case.

After the hearing, the C/I)?anila grantedthe D!dge ent in favor of the plaintiffintervenors, "!tred!ced the attorneyRs fees to6555 instead also granted the costs ofthe action against thedefendant,


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Leo ?oran, an A erican, in Nevada and has"egotten children. She ac:!ired citi%enship onA!g!st (, '3+(. etitioner filed a co plaintagainst ;icenta and her parents who healleged to have diss!aded ;icenta fro Doiningher h!s"and.

Issue/

0hether the divorce so!ght "y ;icenta-scano isvalid and "inding !pon co!rts of the hilippines.

1eld/

Civil Code of the hilippines does notad it divorce. hilippine co!rts cannot giverecognition on foreign decrees of a"sol!tedivorce "etween /ilipino citi%ens "eca!se itwo!ld "e a violation of the Civil Code. S!ch

grant wo!ld arise to discri ination in favor ofrich citi%ens who can afford divorce in foreignco!ntries. The ad!ltero!s relationship of -scanowith her A erican h!s"and is eno!gh gro!ndsfor the legal separation prayed "y Tenchave%.In the eyes of hilippine laws, Tenchave% and-scano are still arried. A foreign divorce"etween /ilipinos so!ght and decreed is notentitled to recognition neither is the arriage ofthe divorcee entitled to validity in the

hilippines. Th!s, the desertion and sec!ring ofan invalid divorce decree "y one spo!se entitledthe other for da ages.

2an ;orn vs. Ro7illo -r.

G.R. o. L!"+#%)' 0cto3er +' *&+9

:elencio!1errera' -.

acts/

Alice &eyes, a /ilipina, arried &ichard =pton,an A erican, in


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standards of A erican law. Th!s, p!rs!ant tohis national law, he is no longer the h!s"and ofthe petitioner.


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with D!stice, give everyone his d!e, and o"servehonesty and good faith.

Art. 25. -very person who, contrary to law,wilf!lly or negligently ca!ses da age toanother, shall inde nify the latter for the sa e.

Art. 2'. Any person who wilf!lly ca!ses loss or

inD!ry to another in a anner that is contrary toorals, good c!sto s or p!"lic policy shallco pensate the latter for the da age.

People vs. Ritter

G.R. o. ++9+$' :arch 9' *&&*

Gutierre


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not dee ed "orn if it dies within twenty)fo!rho!rs after its co plete delivery fro theaternal wo ".

'3(FC#NSTI Art.II Sec.'2

Section '2. The State recogni%es the sanctityof fa ily life and shall protect andstrengthen the fa ily as a "asic a!tono o!ssocial instit!tion. It shall e:!ally protect thelife of the other and the life of the !n"ornfro conception. The nat!ral and pri aryright and d!ty of parents in the rearing of theyo!th for civic efficiency and thedevelop ent of oral character shall receivethe s!pport of the $overn ent.

756 Child and @o!th 0elfare Code Art.+"ommencement of "ivil Personalit+. ) Thecivil personality of the child shall co encefro the ti e of his conception, for allp!rposes favora"le to hi , s!"Dect to there:!ire ents of Article *' of the Civil Code.

/C Art.'7* Children conceived or "orn d!ringthe arriage of the parents are legiti ate.

Children conceived as a res!lt of artificialinse ination of the wife with the sper ofthe h!s"and or that of a donor or "oth arelikewise legiti ate children of the h!s"andand his wife, provided, that "oth of thea!thori%ed or ratified s!ch inse ination in awritten instr! ent e4ec!ted and signed "ythe "efore the "irth of the child. The

instr! ent shall "e recorded in the civil

registry together with the "irth certificate ofthe child.

& C Art. 2+7)2+3

Art. 2+7. -ntentional abortion. Any personwho shall intentionally ca!se an a"ortionshall s!ffer

'. The penalty of recl!sion te poral, if heshall !se any violence !pon the person of thepregnant wo an.

2. The penalty of prision ayor if, witho!t!sing violence, he shall act witho!t theconsent of the wo an.

6. The penalty of prisioncorreccional in its

edi! and a4i ! periods, if the wo anshall have consented.

Art. 2+F. nintentional abortion . Thepenalty of prisioncorreccional in its ini !and edi! period shall "e i posed !ponany person who shall ca!se an a"ortion "yviolence, "!t !nintentionally.

Art. 2+(. /bortion practiced b+ the *omanherself of b+ her parents . The penalty of

prisioncorreccional in its edi! anda4i ! periods shall "e i posed !pon awo an who shall practice a"ortion !ponherself or shall consent that any otherperson sho!ld do so.

Any wo an who shall co it this offense toconceal her dishonor, shall s!ffer the penaltyof prisioncorreccional in its ini ! andedi! periods.


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If this cri e "e co itted "y the parents ofthe pregnant wo an or either of the , andthey act with the consent of said wo an forthe p!rpose of concealing her dishonor, theoffenders shall s!ffer the penalty ofprisioncorreccional in its edi! anda4i ! periods.

Art. 2+3. /bortion practiced b+ a ph+sician ormid*ife and dispensin of abortives. Thepenalties provided in Article 2+7 shall "ei posed in its a4i ! period,respectively, !pon any physician or idwifewho, taking advantage of their scientificknowledge or skill, shall ca!se an a"ortion orassist in ca!sing the sa e.

Any phar acist who, witho!t the proper

prescription fro a physician, shall dispenseany a"ortive shall s!ffer arresto ayor and afine not e4ceeding ',555 pesos.

Roe vs. Wade

B@ ' -anuar6 $$' *&%(

acts/

5rief act @u77ar6. Appellant Eane &oe, apregnant other who wished to o"tain ana"ortion, s!ed on "ehalf of all wo ansi ilarly sit!ated in an effort to prevent theenforce ent of Te4as stat!tes cri inali%ingall a"ortions e4cept those perfor ed to savethe life of the other.@6nopsis of Rule of Law. Stat!tes thatake cri inal all a"ortions e4cept whenedically advised for the p!rpose of savingthe life of the other are an !nconstit!tionalinvasion of privacy.

acts. Te4as stat!tes ade it a cri e toproc!re or atte pt an a"ortion e4cept whenedically advised for the p!rpose of savingthe life of the other. Appellant Eane &oeso!ght a declaratory D!dg ent that thestat!tes were !nconstit!tional on their faceand an inD!nction to prevent defendant

allas Co!nty istrict Attorney froenforcing the stat!tes. Appellant alleged thatshe was !n arried and pregnant, and thatshe was !na"le to receive a legal a"ortion "ya licensed physician "eca!se her life was notthreatened "y the contin!ation of herpregnancy and that she was !na"le to affordto travel to another D!risdiction to o"tain alegal a"ortion. Appellant s!ed on "ehalf ofherself and all other wo en si ilarlysit!ated, clai ing that the stat!tes were!nconstit!tionally vag!e and a"ridged herright of personal privacy, protected "y the/irst, /o!rth, /ifth, Ninth, and /o!rteenthA end ents.Issue. o the Te4as stat!tes i properlyinvade a right possessed "y the appellant toter inate her pregnancy e "odied in theconcept of personal li"erty contained in the/o!rteenth A end entRs !e rocessCla!se, in the personal arital, fa ilial, andse4!al privacy protected "y the Bill of &ightsor its pen! "ras, or a ong the rightsreserved to the people "y the NinthA end entJ

1eld.

The right to personal privacy incl!des thea"ortion decision, "!t the right is not!n:!alified and !st "e considered againsti portant state interests in reg!lation.

The a"ortion laws in effect in the aDority of


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Lower co!rtRs theory on article 23' of thecivil code declaring that s!pport is ano"ligation of parents and illegiti ate childrendoes not conte plate s!pport to children asyet !n"orn violates article *5afore entioned.

Another reason for reversal of the order isthat Icao "eing a arried an forced awo an not his wife to yield to his l!st andthis constit!tes a clear violation of Car enRsrights. Th!s, she is entitled to claico pensation for the da age ca!sed.

0


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this case sho!ld "e co pelled toacknowledge the said Is ael Loanco.

1eld/

The letter written "y Sy:!ia to &ev./ather serves as ad ission of paternity andthe other letters are s!fficient to connect the

ad ission with the child carried "y Antonia. The ere re:!ire ent is that the writingshall "e ind!"ita"le.

KThe law fi4es no period d!ring which achild !st "e in the contin!o!s possession ofthe stat!s of a nat!ral child9 and the periodin this case was long eno!gh to reveal thefatherGs resol!tion to ad it the stat!s .

S!pre e Co!rt held that they agree with thetrial co!rt in ref!sing to provide da ages toAntonia Loanco for s!pposed "reach ofpro ise to arry since action on this has nostanding in civil law. /!rther ore, there is noproof !pon which a D!dg ent co!ld "e "asedre:!iring the defendant to recogni%e thesecond "a"y, acitaLoanco. /inally, SCfo!nd no necessity to odify the D!dg entas to the a o!nt of aintenance allowed toIs ael Loanco in the a o!nt of +5 pesosper onth. They likewise pointed o!t that itis only the trial co!rt who has D!risdiction toodify the order as to the a o!nt ofpension.

NCC Art. *2Civil personality is e4ting!ished"y death.

The effect of death !pon the rights ando"ligations of the deceased is deter ined "ylaw, "y contract and "y will.

Li7 oco vs. Estate of ragante

G.R. o.L!%%)' April $%' *+

1ilado' -.

acts/

#n ?ay 2', '3*7, the !"lic ServiceCo ission iss!ed a certificate of p!"licconvenience to the Intestate -state of thedeceased edro /ragante, a!thori%ing thesaid intestate estate thro!gh its Special or

E!dicial Ad inistrator, appointed "y the

proper co!rt of co petent D!risdiction, toaintain and operate an ice plant with adaily prod!ctive capacity of two and one)half12)' 2 tons in the ?!nicipality of San E!anand to sell the ice prod!ced fro the saidplant in the ?!nicipalities of San E!an,?andal!yong, &i%al, and >!e%on City9 that/raganteRs intestate estate is financiallycapa"le of aintaining the proposed service.

etitioner arg!es that allowing the

s!"stit!tion of the legal representative of theestate of /ragante for the latter as partyapplicant and afterwards granting thecertificate applied for is a contravention ofthe law.Issue/0hether the estate of /ragante "e e4tendedan artificial D!dicial personality.1eld/

The estate of /ragrante !st "ee4tended an artificial D!dicial personality. If/ragrante had lived, in view of the evidence


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of record, wo!ld have o"tained fro theco ission the certificate for which he wasapplying. The sit!ation has not changede4cept for his death, and the econo ica"ility of his estate to appropriately andade:!ately operate and aintain the serviceof an ice plant was the sa e that i t receivedfro the decedent hi self.

It has "een the constant doctrine that theestate or the ass of property, rights andassets left "y the decedent, directly "eco esvested and charged with his rights ando"ligations which s!rvive after his de ise.

The reason for this legal fiction, that theestate of the deceased person is considereda person , as dee ed to incl!de artificial or

D!ridical persons, is the avoidance of inD!sticeor preD!dice res!lting fro the i possi"ilityof e4ercising s!ch legal rights and f!lfillings!ch legal o"ligations of the decedent ass!rvived after his death !nless the fiction isind!lged.

The estate of /ragrante sho!ld "econsidered an artificial or D!ridical person forthe p!rposes of the settle ent anddistri"!tion of his estate which, incl!de thee4ercise d!ring the D!dicial ad inistration ofthose rights and the f!lfill ent of thoseo"ligations of his estate which s!rvived afterhis death.

The decedentGs rights which "y theirnat!re are not e4ting!ished "y death go toake !p a part and parcel of the assets ofhis estate for the "enefit of the creditors,devisees or legatees, if any, and the heirs ofthe decedent. It incl!des those rights andf!lfill ent of o"ligation of /ragante whichs!rvived after his death like his pending

application at the co ission.

;u7lao vs. Dualit6 PlasticsProducts'Inc.

G.R. o. L$%&9"' April () *&%"

A,uino' -.P.

acts/ E!dge ent for Civil Case T)772 was

rendered on /e"r!ary 2(, '372 orderingdefendants Soliven, edro #ria, La!rencio,S! al"ag and arang to pay solidarity>!ality lastics the s! of 6,77F.56 pl!slegal rate of interest fro Nove "er '3+("efore its decision "eca e final or else>!ality lastics is here"y a!thori%ed toforeclose the "ond. efendants failed to paythe a o!nt "efore the li it given. #riaGsland, which was covered "y #riginalCertificate of Title No. 2(F62 and has an areaof nine and si4)tenths hectares, was levied!pon and sold "y the sheriff at p!"lic a!ctionon Septe "er 2*, '372 which he has givenas sec!rity !nder the "ond.

Apparently, #ria died on April 26, '3+3 orlong "efore E!ne '6, '375. >!ality lastics

was not aware on #riaRs death. Thes! ons and copies of co plaint waspersonally served on E!ne 2*, '375 "y adep!ty sheriff to Soliven which the latteracknowledged and signed in his own "ehalfand his co)defendants.

ionisio, /a!sta, A ado and BenDa in, alls!rna ed ! lao and all testa entary heirsin #riaGs d!ly pro"ated will, s!ed >!alitylastic rod!cts, Inc on ?arch ', '376 for theann!l ent of the D!dg ent against #ria and


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the e4ec!tion against his land 1T)(F6 .ionisio also s!ed in his capacity asad inistrator of #riaRs testate estate.

Issue/

0hether D!dg ent against #ria ande4ec!tion against his land "e ann!lled on the

gro!nd of lack in D!ridical capacity.

1eld/

>!ality lastics !pon receiving thes! ons on T)(F6 D!st learned that #riawas already dead prior case T)772 was filed. The ! alaosR agreed in their stip!lation

that indeed >!ality lastics was !naware of#riaRs death and that they acted in goodfaith in Doining #ria as a co)defendant.


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awarded to the s!rviving "rothers and sistersp!rs!ant to Section ''56 of the &evisedAd inistrative Code which provides

K ersons charged with d!ty of "!rial) ifthe deceased was an !n arried an orwo an or a child and left any kin9 the d!ty ofthe "!rial shall devolve !pon the nearest kinof the deceased.

Al"eit, petitioner clai s he is the spo!seas conte plated !nder Art. 23* of the CivilCode, hilippine law does not recogni%eco on law arriages where Ka an and awo an not legally arried who coha"it forany years as h!s"and and wife, whorepresent the selves to the p!"lic ash!s"and and wife, and who are rep!ted to "eh!s"and and wife in the co !nity wherethey live ay "e considered legally a!ledin co on law D!risdictions . In addition, itre:!ires that the an and wo an livingtogether !st not in any way "eincapacitated to contract arriage.0hereas, the petitioner has a s!"sistingarriage with another wo an, legali pedi ent that dis:!alified hi fro evenlegally arrying ;italiana.

NCC Art. *6 If there is a do!"t, as "etweentwo or ore persons who are called tos!cceed each other, as to which of the diedfirst, whoever alleges the death of one priorto the other, shall prove the sa e9 in thea"sence of proof, it is pres! ed that theydied at the sa e ti e and there shall "e notrans ission of rights fro one to the other.

C &!le '6' Sec.6 0isputable presumptions . The following pres! ptionsare satisfactory if !ncontradicted, "!t ay"e contradicted and overco e "y otherevidence

1a That a person is innocent of cri e orwrong9

1" That an !nlawf!l act was done with an!nlawf!l intent9

1c That a person intends the ordinaryconse:!ences of his vol!ntary act9

1d That a person takes ordinary care of hisconcerns9

1e That evidence willf!lly s!ppressed wo!ld"e adverse if prod!ced9

1f That oney paid "y one to another wasd!e to the latter9

1g That a thing delivered "y one to another"elonged to the latter9

1h That an o"ligation delivered !p to thede"tor has "een paid9

1i That prior rents or install ents had "eenpaid when a receipt for the later one isprod!ced9

1D That a person fo!nd in possession of athing taken in the doing of a recent wrongf!lact is the taker and the doer of the wholeact9 otherwise, that things which a personpossess, or e4ercises acts of ownership over,are owned "y hi 9

1k That a person in possession of an order onhi self for the pay ent of the oney, or the


34/89

delivery of anything, has paid the oney ordelivered the thing accordingly9

1l That a person acting in a p!"lic office wasreg!larly appointed or elected to it9

1 That official d!ty has "een reg!larlyperfor ed9

1n That a co!rt, or D!dge acting as s!ch,whether in the hilippines or elsewhere, wasacting in the lawf!l e4ercise of D!risdiction9

1o That all the atters within an iss!e raisedin a case were laid "efore the co!rt andpassed !pon "y it9 and in like anner that allatters within an iss!e raised in a disp!tes!" itted for ar"itration were laid "efore thear"itrators and passed !pon "y the 9

1p That private transactions have "een fairand reg!lar9

1: That the ordinary co!rse of "!siness has"een followed9

1r That there was a s!fficient considerationfor a contract9

1s That a negotia"le instr! ent was given orindorsed for a s!fficient consideration9

1t That an endorse ent of negotia"leinstr! ent was ade "efore the instr! entwas overd!e and at the place where theinstr! ent is dated9

1! That a writing is tr!ly dated9

1v That a letter d!ly directed and ailed wasreceived in the reg!lar co!rse of the ail9

1w That after an a"sence of seven years, it

"eing !nknown whether or not the a"sentee

still lives, he is considered dead for allp!rposes, e4cept for those of s!ccession.

The a"sentee shall not "e considered deadfor the p!rpose of opening his s!ccession tillafter an a"sence of ten years. If hedisappeared after the age of seventy)fiveyears, an a"sence of five years shall "es!fficient in order that his s!ccession ay "eopened.

The following shall "e considered dead for allp!rposes incl!ding the division of the estatea ong the heirs

1' A person on "oard a vessel lost d!ring asea voyage, or an aircraft with is issing,who has not "een heard of for fo!r yearssince the loss of the vessel or aircraft9

12 A e "er of the ar ed forces who hastaken part in ar ed hostilities, and has "eenissing for fo!r years9

16 A person who has "een in danger of death!nder other circ! stances and whosee4istence has not "een known for fo!r years9

1* If a arried person has "een a"sent forfo!r consec!tive years, the spo!se present

ay contract a s!"se:!ent arriage if he orshe has well)fo!nded "elief that the a"sentspo!se is already death. In case ofdisappearance, where there is a danger ofdeath the circ! stances hereina"oveprovided, an a"sence of only two years shall"e s!fficient for the p!rpose of contracting as!"se:!ent arriage.


35/89

a"sentee, witho!t preD!dice to the effect ofreappearance of the a"sent spo!se.

14 That ac:!iescence res!lted fro a "eliefthat the thing ac:!iesced in wasconfor a"le to the law or fact9

1y That things have happened according to

the ordinary co!rse of nat!re and ordinarynat!re ha"its of life9

1% That persons acting as copartners haveentered into a contract of copartneship9

1aa That a an and wo an deportingthe selves as h!s"and and wife haveentered into a lawf!l contract of arriage9

1"" That property ac:!ired "y a an and awo an who are capacitated to arry eachother and who live e4cl!sively with eachother as h!s"and and wife witho!t the"enefit of arriage or !nder void arriage,has "een o"tained "y their Doint efforts, workor ind!stry.

1cc That in cases of coha"itation "y a anand a wo an who are not capacitated toarry each other and who have ac:!ireproperly thro!gh their act!al Doint

contri"!tion of oney, property or ind!stry,s!ch contri"!tions and their correspondingshares incl!ding Doint deposits of oney andevidences of credit are e:!al.

1dd That if the arriage is ter inated andthe other contracted another arriagewithin three h!ndred days after s!chter ination of the for er arriage, theser!les shall govern in the a"sence of proof tothe contrary

1' A child "orn "efore one h!ndred eightydays after the sole ni%ation of thes!"se:!ent arriage is considered to have"een conceived d!ring s!ch arriage, eventho!gh it "e "orn within the three h!ndreddays after the ter ination of the for erarriage.

12 A child "orn after one h!ndred eightydays following the cele"ration of thes!"se:!ent arriage is considered to have"een conceived d!ring s!ch arriage, eventho!gh it "e "orn within the three h!ndreddays after the ter ination of the for erarriage.

1ee That a thing once proved to e4istcontin!es as long as is !s!al with things ofthe nat!re9

1ff That the law has "een o"eyed9

1gg That a printed or p!"lished "ook,p!rporting to "e printed or p!"lished "yp!"lic a!thority, was so printed or p!"lished9

1hh That a printed or p!"lished "ook,p!rporting contain reports of cases adD!dgedin tri"!nals of the co!ntry where the "ook isp!"lished, contains correct reports of s!ch

cases9

1ii That a tr!stee or other person whose d!tyit was to convey real property to a partic!larperson has act!ally conveyed it to hi whens!ch pres! ption is necessary to perfect thetitle of s!ch person or his s!ccessor ininterest9

1DD That e4cept for p!rposes of s!ccession,when two persons perish in the sa e

cala ity, s!ch as wreck, "attle, or


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cases of cala ity, there is a hierarchy ofs!rvivorship.

$. -uridical Persons

NCC Art. **)*FArt. **. The following are D!ridical persons

1' The State and its political s!"divisions9

12 #ther corporations, instit!tions andentities for p!"lic interest or p!rpose,created "y law9 their personality "egins assoon as they have "een constit!tedaccording to law9

16 Corporations, partnerships andassociations for private interest or p!rposeto which the law grants a D!ridicalpersonality, separate and distinct fro thatof each shareholder, partner ore "er. 16+a

Art. *+. E!ridical persons entioned in Nos. 'and 2 of the preceding article are governed"y the laws creating or recogni%ing the .

rivate corporations are reg!lated "y laws ofgeneral application on the s!"Dect.

artnerships and associations for privateinterest or p!rpose are governed "y theprovisions of this Code concerningpartnerships. 167 and 6Fa

Art. *7. E!ridical persons ay ac:!ire andpossess property of all kinds, as well as inc!ro"ligations and "ring civil or cri inal actions,

in confor ity with the laws and reg!lationsof their organi%ation. 16(a

Art. *F. =pon the dissol!tion of corporations,instit!tions and other entities for p!"licinterest or p!rpose entioned in No. 2 ofArticle **, their property and other assetsshall "e disposed of in p!rs!ance of law or

the charter creating the . If nothing has"een specified on this point, the propertyand other assets shall "e applied to si ilarp!rposes for the "enefit of the region,province, city or !nicipality which d!ringthe e4istence of the instit!tion derived theprincipal "enefits fro the sa e.

@7ith 5ell Co7pan6 vs. atividad

G.R. o. *99%#' @epte73er *%' *&*&

:alcol7' -.

acts/

)S ith, Bell Co. is a corporation organi%edand e4isting !nder the laws of the hilippineIslands9 aDority of the stockholders areBritish9 owner of a otor vessel known asthe Bato "ro!ght toCe"! for the p!rpose oftransporting S ith, Bell Co.Rs erchandise"etween ports in theislands.)application forregistration was ade at Ce"! at theCollector of C!sto s)))denied. Beca!setheywere not citi%ens of the =S hils.)Act 27F',Sec. ''F2. Certificate of hilippine &egister.!pon registration of a vessel ofdo esticownership, and of ore than '+tons gross, a certificate of hilippine registershall "e iss!ed forit. If the vessel is of

do estic ownership and of '+ tons gross or


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less, the taking of the certificate of hilippineregister shall "e optional with the owner.)do estic ownership, as !sed in this section,eans ownership vested in the 1a citi%ensornative inha"itants of the hil Islands9 1"citi%ens of the =S residing in the hil. Islands91c anycorporation or co pany co posedwholly of citi%en of hils. =S or "oth)plaintiffRs contention Act No. 27F' deprivesthe corp. of its property witho!t d!e processof law"eca!se "y the passage of the law, theco pany was a!to atically deprived ofevery "eneficialattri"!te of ownership of theBato and that they are left with a naked titlethey co!ld not !se.

Issue/

0#N S ith, Bell Co. were denied of thed!e process of law "y the hil. Legislat!re initsenact ent of Act 2F7'.

1eld/

No. 1D!dg ent affir ed plaintiff canRt"e granted registry.

& Act No. 2F7', in denying to corporationss!ch as S ith, Bell Co. Ltd., the right toregistervessels in the hils. Coastwide trade,

falls within the a!thori%ed e4ceptions.Specifically withinthe p!rview of the policepower. Literally and a"sol!tely, stea shiplines are the arteries of theco erce in thehils. If one "e severed, the life"lood of thenation is lost. If these areprotected, sec!rityof the co!ntry and general welfare iss!stained.

5arlin vs. Ra7ire

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