PERSONS AND FAMILY RELATIONS

INTRODUCTORY CHAPTER2 Faculties and Objects of the Human Mind:1. Intellect- proper object of which is the truth2. Will- proper object of which is the goodLaw (defined in its most generic sense) an ordinace of reason promulgated for the common good by Him who is in charge.Classifications of Law according to the Manner of its Promulgation:1. Natural Law promulgated impliedly in our conscience and body Natural Moral Law applies to our higher faculties (do good and avoid evil) Law of Nature applies to our lower faculties (the law of gravity)

2. Positive Law promulgated expressly or directly Divine Positive Law 10 commandments Divine-Human Positive Law - Commandments of the Catholic Church HUMAN POSITIVE LAW Congressional Statutes and Executive OrdersHuman Positive Law a reasonable rule of action, expressly or directly promukgated by competent human authority for the common good, and usually, but not necessarily, imposing a sanction in case of disobedience.Justice Bradley law is a science of principles by which civil society is regulated and held together, by which right is enforced and wrong is detected and punished.De Page the body of rules governing the conduct of persons living in association with others, under the guaranty of social compulsion.Sanches-Roman a rule of conduct, just, obligatory, promulgated by ligitimate authority, and of common observance and benefit.Essential Elements of Human Positive Law:1. Reasonable rule of action2. Due Promulgation for otherwise obedience can hardly be expected3. Promulgation by competent authority4. Generally, a sanction imposed for disobedienceBases of Human Positive Law1. Divine Pronouncements2. Natural Moral Nature of Man3. Legislative Enactments4. Jurisprudence or Judicial Decisions5. Conventions or Treaties6. Customs and TraditionsConcepts of Law as Derecho and Ley1. Derecho abstract science of law2. Ley specific lawClassification of Human Positive Law1. According to whether a right is given, or merely the procedure or enforcement is laid down: Substantive Law that which establishes rights and duties Remedial Law that which prescribes the manner of onforcing legal rights and claims

2. According to the scope or content of the law: Private Law that which regulates the relations of the members of a community with one another (Civil and Commercial Laws) Public Law that which governs the relations of the individual with the State or ruler or community as a whole (Political, Criminal or Penal and Remedial Law)

3. According to force or effect: Mandatory (absolute, imperative) and or Prohibitive Laws those which have to be complied with, because they are expressive of public policy; disobedience is punished either by direct penalties or by considering an act or contract void. Permissive (or suppletory) Laws those which may be deviated from, if the individual so desires.Civil Law Defined branch of the law that generally treats the personal ad family relations of an individual, his property and successional rights and the effects of his obligations and contracts. Mass of precepts that determine and regulate the relations of assistance, authority and obedience among members of a society for the protection of private interests Civil derived from the Latin word civiles meaning a citizen; civitas or free political community.Civil Law Distinguished from Political Law Civil Law governs the relations of the members of a community with one another ; Political Law deals with the relations of the people and the government.Civil Law Distinguished from the Civil Code Civil Code is a compilation of existing laws, scientifically arranged into books, titles, chapters, and sub-heads and promulgated by legislative authority A codification may be necessary to provide for simplicity, unity, order and reform in legislation

CIVIL CODE OF THE PHILIPPINESREPUBLIC ACT NO. 386Chapter 1EFFECT AND APPLICATION OF LAWS

ART. 1. This act shall be known as the Civil Code of the Philippines.Books of Civil Code:1. Book I Persons (Juridical Persons such as Corporations, have no families)2. Book II - Property, Ownership, and its Modifications3. Book III Different Modes of Acquiring Ownership4. Book IV Obligations and ContractsOther Parts:1. Preliminary Title2. Human Relations3. Transitional Provisions4. Repealing ClauseThe Code Commission Created by President Manuel A. Roxas through EO 48, dated March 20, 1947. The final draft of the Civil Code was finished on December 16, 1947 and the Congress approved the draft on June 18, 1949 as RA 386.Proportion of Changes Civil Code contains 2290 Articles, 43% of which are completely new provisionsNeed for Preliminary Title To set forth general principles

ART. 2. Laws shall take effect after 15 days following the completion of its publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication.Scope of the Article on Effectivity of LawsProvides for the effectivity of 2 kinds of Laws:1. Ordinary Law2. The Civil CodeFunction of the Legislature rule upon the wisdom of a law or to repeal or modify it, if it finds it impracticalFunction of the Supreme Court interpret and apply the law as conceived and approved by the Political Department of the Government in accordance with prescribed procedure.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.

ART. 3. Ignorance of the law excuses no one from compliance therewith.Processual Pressumption If the foreign law is not properly alleged and proved, the presumption is that it is the same as our law.Estoppel stopped from asserting the truth in view of the previous falsity. (What has been proved is a Law, and not a mere fact.)Scope of the Ignorance of the Law refers not only to the literal words of the law itself, but also to the meaning or interpretation given to said law by our Courts of Justice.

ART. 4. Laws shall have no retroactive effect, unless the contrary is provided.In general, laws are prospective, not retroactive. While the Judge looks backward, the Legislator must look forward. If the rule was that laws were retroactive, grave injustice woul occur, for these laws would punish individuals for violations of laws not yet enacted. While ignorance refers only to laws that have already been enacted.Exceptions:1. If the laws themselves provide for retroactivity, but in no case must an ex post facto law be passed.Ex Post Facto Law one that makes criminal and punishable an act done before the passing of the law and which was innocent when done.- the prohibition against ex post facto laws applies only to criminal matters, such as the imposition of taxes.2. If laws are remedial in nature3. If the statute is penal in nature, provided:a. It is favorable to the accused or to the convictb. And provided further, that the accused or convict is not habitual delinquent as the term is defined under the Revised Penal Code

4. If the laws are of an emergency nature and are authorized by the police power of the government5. If the law is curative (this is necessarily retroactive for the precise purpose is to cure errors or irregularities.) However, this kind of law, to be valid, must not impair vested rights nor affect final judgments.6. If a substantive right be declared for the first time, unless vested rights are impaired.ART. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.It should be noted that Art. 5 refers to Mandatory or Prohibitory Laws, as distinguished from those which are merely permissive. While one has to obey Mandatory Statutes, otherwise his acts would generally be void, the violation of directory laws does not result in invalid acts.Kinds of Mandatory Legislation:1. Positive when something must be done2. Negative or Prohibitory when something should not be doneExceptions:1. When the law makes the act not void but mere voidable at the instance of the victim2. When the law makes the act valid, but subjects the wrong doer to criminal responsibility3. When the law makes the act itself void, but recognizes some legal effects flowing therefrom4. When the law itself makes certain acts valid although generally they would have been voidART. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law.Rules for the Waiver of Rights: General Rule rights may be waived Exceptions unless the wiaver is contrary to law, public order, public policy, morals or good customs or prejudicial to a third person with a right recognized by lawArt. 6 deals with the waiver of rights, not the waiver of obligations or duties.Definitions:1. Right the power or privilege given to one person and as a rule demandable of another, as the right to recover a debt justly due. 2 subjects:a. Active Subject the person entitledb. Passive Subject the person obliged to suffer the enforcement of the right Rights may be:a. Real Rights (jus in re, jus in rem) enforceable against the whole world (absolute rights)b. Personal Rights (jus in personam, jus ad rem) enforceable against a particular individual (relative rights)

2. Waiver the intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right. may be expressed or implied Requisites for a valid waiver:a. The person waiving must be capacitated to make the waiverb. The waiver must be made clearly, but not necessarily expressc. The person waiving must actually have the right which he is renouncing; otherwise, he will not be renouncing anythingd. In certain instances, the waiver, as in the express remission of a debt owed in favor of the waiver, must comply with the formalities of a donatione. The waiver must not be contrary to law, morals, public policy (the aim of the State in promoting the social welfare of the people), public order (or pubic safety), or good customs (those which exist in a particular place).f. The waiver must not prejudice others with a right recognized by law.Examples of Rights that cannot be renounced:a. Natural rights, such as the right of lifeb. Alleged rights which really do not yet existc. Those the renunciation of which would infringe upon public policyd. When the waiver is prejudicial to a third person with a right recognized by lawART. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.When the courts declare a law to be inconsistent with the constitution, the former shall be void and the latter shall govern.Administrative or executive acts, orders and regulation shall be valid only when they are not contrary to the laws or the Constitution.Sources of LawIn general the sources of law are given in this article, and in the order of preference, they are:a. The Constitutionb. Laws (or Presidential Decrees)c. Administrative or Executive Actsd. Orders and RegulationsHow laws are repealed:a. Expresslyb. Impliedly (insofar as there are inconsistencies between a prior and a subsequent law)Rules for General and Special Lawsa. If the general law was enacted prior to the special law, the latter is considered the exception to the general law. Therefore, the general law, in general, remains good law, and there is no repeal, except insofar as the exception or special law is concerned.b. If the general law was enacted after the special law, the special law remains unless: There is an express declaration to the contrary There is a clear, necessary and unreconcilable conflict Unless the subsequent general law covers the whole subject and is clearly intended to replace the special law on the matterLaws may lapse (end by itself in the view of the expiration of the period during which it was supposed to be effective) without the necessity of any repeal as exemplified by the law granting the President emergency powers or the annual appropriations law.Effect if the Repealing Law is itself Repealed:a. When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived, unless expressly so provided.b. When a law which repeals a prior law, not expressly but by implication, is itself repealed, the repeal of the repealing law revives the prior law, unless the language of the repealing statue provides otherwise.Disuse, custom, or practice to the contrary does not repeal a law.Executive Fiat cannot correct a mistake in the law.The SC shall have the following powers; review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments or orders of lower courts in all cases in which the constitutionality or validity of any treaty, international or executive agreement, law, PD, proclamation, order, instruction, ordinance, or regulation is in question.According to the Code Commission, the last paragraph of Art. 7, asserts the supremacy of law and the Constitution over Administrative or Executive Acts.It is well settled that the constitutionality of a law or EO may not be collaterally attacked. They shall, therefore, be deemed valid unless declared null and void by a competent court.Some grounds for declaring a law unconstitutional:a. The enactment of the law may not be within the legislative powers of the lawmaking bodyb. Arbitrary methods may have been establishedc. The purpose or effect violates the constitution or its basic principlesWhile it is true that generally an unconstitutional law confers no right, creates no office, affords no protection, and justifies no acts performed under it, there are instances when the operation and effects of the declaration of its unconstitutionality may be relaxed or qualified because the actual existence of the law prior to such declaration is an operative fact and may have consequences which cannot justly be ignored.Operative Fact Doctrine this is when a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid and must be complied with.

ART. 8. Judicial decisions applying or interpreting the laws or the constitution shall form a part of the legal system of the Philippines.Decisions, which apply or interpret the Constitution or the laws are part of the legal system of the Philippines, still they are not laws, if it were so, the courts would be allowed to legislate contrary to the principle of Separation of Powers.Courts exist in order to state what the law is, not for giving it. (Jus dicere, non jus dare)Judicial statesmanship decisions not based on law or customJudicial decisions are evidence of what the law mean.Judicial interpretation becomes a part of the law as of the date that law was originally passed.SC, has the last word on what the law is, it is the final arbiter of any justiciable controversy.Decisions referred to in Art. 8:a. Those that are enunciated by the SCb. Decisions of subordinate courts are only persuasive in nature, and can have no mandatory effectc. Final judgment or Ratio Decidendi states the reasons for such judgment; while opinion is the informal expression of the view if the courtDoctrine of Stare Decisis (Let it Stand, et non quieta movere) We adhere to this doctrine for reasons of stability in the law Adherence to Precedents once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner. Does not and should not apply when there is a conflict between the precedent and the lawObiter Dicta (Dictum; singular) opinions not necessary to the determination of a caseHow judicial decisions may be abrogated (end/cancel):a. By a contrary ruling by the SC itselfb. By corrective legislative acts of congressCongress cannot alter a SC interpretation of a constitutional provision, for this would be an unwarranted assumption of judicial power. The legislature is, however allowed to define the terms it uses in a statute.In general, there is no Philippine Common Law. But if it means case law, which is not in conflict with local laws, customs and constitution then we have some sort of Philippine Common Law- a common law that supplements and amplifies our statute law.Secretary of Justice is the legal adviser of the Government; his opinions overrides those of Provincial Fiscals who are his subordinates. Said opinions cannot correct mistakes in legislation; nor have a controlling effect on the courts.Judicial Review of administrative decisions is justified when there has been a denial of due process, or mistake of law, or fraud, collusion, or arbitrary action in the administrative proceeding.The trial court cannot change, amplify, enlarge, alter or modify the decision of an appellate court, which is final and executory, 2 important things must be pointed out:1. A judgment void for lack of jurisdiction over the subject matter can be assailed at any time either directly or collaterally.2. It is now well-settled in this jurisdiction that when after judgment has been rendered and the latter has become final, facts and circumstances transpire which render its execution impossible or unjust, the interested party may ask the court to modify or alter the judgment to harmonize the same with justice and with the facts.The doctrine of finality in judgment is grounded on fundamental considerations concerning public policy and sound practiceThe SC in its decisions is supreme, and no other government entity including the Ombudsman can declare them unjustBarangay Courts: No complaint, petition, action or proceeding involving matters, within the authority of the Lupon shall be filed or instituted in court unless there has been confrontation between the parties The barangay court has no jurisdiction if the parties come from different municipalities and their barangays do not adjoin each other.Extradition Law the surrender of an accused criminal by one state to the jurisdiction of another Accompanying documents : copy of the warrant of arrest against respondent, summary of the facts of the case against him, particulars of his birth and address, statement of the intention to request his provisional arrest and the reason therefore by fax machine, serves the purpose of expediencyART. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.A judge must give a decision, whether he knows what law to apply or not.If the law be silent, obscure, or insufficient, what should the judge apply in deciding a case? The judge may apply any rule he desired as long as the rule chosen is in harmony with general interest, order, morals and public policy. Among such rules may be the following:a. customs which are not contrary to law, public order and public policyb. decisions of foreign and local courts on similar casesc. opinions of highly qualified writers and professorsd. rules of statutory constructione. principles laid down in analogous instances

ART. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.Dura Lex Sed Lex the law may be hard, but it is still the law.It is the sworn duty of the judge to apply the law without fear or favor, to follow its mandate, not to temper with it. What the law grants, the court cannot deny.Art.10, according to the Code Commission, is necessary so that it may tip the scales in favor of right and justice when the law is doubtful or obscure. It will strengthen the determination of the courts to avoid an injustice which may apparently be authorized by some way of interpreting the law.Some rules of Statutory Construction:1. When a law has been clearly worded, there is no room for interpretation. Immediately, application of the law must be made unless consequences or oppression would arise.2. If there are two possible interpretations or constructions of a law, that which will achieve the ends desired by Congress should be adopted.3. In interpreting a law, the following can be considered: the preamble of the statute, the foreign laws from which the law was derived, the history of the framing of the law, including the deliberations in Congress, similar laws on the same subject matter.4. Patent or obvious mistakes and misprints in the law, may properly by corrected by our courts.5. Laws of pleadings, practice and procedure must be liberally construed.6. Laws in derogation of a natural or basic right must be strictly, restrictively, interpreted.7. The contemporaneous interpretation given by administrative officials to a law which they are duty bound to enforce or implement deserves great weight.ART. 11. Customs which are contrary to law, public order or public policy shall not be countenanced.Custom a rule of human action (conduct) established by repeated acts, and uniformly observed or practiced as a rule of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding.Requisites before the Courts can Consider Customs:1. A custom must be proved as a fact, according to the rules of evidence; otherwise the custom cannot be considered as a source of right. Thus, there is no judicial notice of custom.2. The custom must not be contrary to law (contra legem), public order or public policy.3. The must be a number of repeated acts.4. The repeated acts must have been uniformly performed.5. There must be a juridical intention (convictio juris seu mecessitatis) to make a rule of social conduct, i.e., there must be a conviction in the community that it is the proper way of acting, and that, therefore, a person who disregards the custom in fact also disregards the law.6. There must be a sufficient lapse of time this by itself is not a requisite of custom, but it gives evidence of the fact that indeed it exists and is being duly observed.Law distinguished from Customs while ordinarily a law is written, consciously made, and enacted by Congress, a custom is unwritten, spontaneous, and comes from society.

ART. 12. A custom must be proved as a fact, according to the rules of evidence.There is a presumption that a person acts according to the custom of the place.A custom is presumed not to exist when those who should know, do not know of its existence.Kinds of Customs:1. A general custom is that of a country; a custom of the place is one when an act transpires2. A custom may be propter legem (in accordance with law) or contra legem (against the law).ART. 13. When the laws speak of years, months, days, or nights, it shall be understood that years are of three hundred sixty-five says each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.If months are designated by their name, they shall be computed by the number of days, which they respectively have.In computing a period, the first day shall be excluded, and the last day included.

Rule if the last day is a Sunday or a Legal Holiday:a. In an ordinary contract, the general rule is that an act is due even if the last day be a Sunday or a legal holiday. b. When the time refers to a period prescribed by the Rules of Court, by an order of the court, or by any other applicable statute, if the last day is a Sunday or a legal holiday, it is understood that the last day should really be the next day.

ART. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.Theory of Territoriality Criminal laws apply only in Philippine territoryGenerality Criminal laws apply to everyone in the territory (citizen or aliens)Exceptions:1. The principles of public international law heads of state and ambassadors2. The presence of treaty stipulations exempt some person within the jurisdiction of Philippine CourtsART. 15. Law relating to family rights and duties or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.The status of a person includes personal qualities and relations, more or less permanent in nature, and not ordinarily terminable at his own will (being married or not).Status sum total of a persons rights, duties and capacities.Scope:1. Family rights and duties2. Status3. Condition4. Legal CapacityDoes Art. 15 apply to Filipinos merely?1. YES insofar as Philippine laws are concerned2. NO in the sense that nationals of other countries are also considered by us as being governed in matters of status by their own national lawNationality Theory the nationality or citizenship determines the personal laws of the individualDomiciliary Theory the personal laws of a person are determined by his domicileCapacity to enter into Ordinary Contract is governed by the national law of the person, and not by the law of the place where the contract was entered into.Lex Loci Celebrationis law of place where the contract is madeCapacity under the Code of Commerce says that foreigners and companies created abroad may engage in commerce in the Philippines subject to the laws of their country with respect to their capacity to contact.Capacity to enter into other relations:1. Capacity to acquire, encumber, assign, donate or sell property depends on the law of the place where the property is situated.2. Capacity to inherit depends not on the national law of the heir, but in the national law of the decedent.3. Capacity to get married depends not on the national law of the parties, but on the law of the place where the marriage was entered into. (Lex Loci Celebrationis)Lex Rei Sitae law of the place where the thing or subject matter is situated; the title to realty or question of real estate law can be affected only by the law of the place where it is situated.Lex Situs law of the place where the property is situated; the general rule is that lands and other immovables are governed by the law of the state where they are situated.

ART. 16. Real property as well as personal property is subject to the law of the country where it is situated.However, intestate (not having made a will) and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may bethe nature of the property and regardless of the country wherein said property may be found.Property is a rule governed by the Lex Rei SitaeException to the Lex Situs Rule (governed by the national law of the deceased):1. Order of succession2. Amount of succession rights3. Intrinsic validity of the provisions of a will4. Capacity to succeedDefect of Art. 16, Par. 2 (successional rights):1. The problem of possible unenforceability and ineffectiveness2. To eliminate the possibility of no jurisdiction, it is clear that Art. 16, par. 2 can apply only to properties located in the Philippines.The Renvoi Problem:Renvoi literaaly means a referring back. Problem arises when there is a doubt as to whether a reference in our law to a foreign law is:1. A reference to the internal law of said foreign law2. A reference to the whole of the foreign law, including its Conflict RulesART. 17. The forms and solemnities of contracts, wills and other public instruments shall be governed by the laws of the country in which they are executed.When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by the Philippine laws shall be observed in their execution.Formalities for the acquisition, encumbering and alienation of property shall however, be governed not by the lex loci celebrationis but by the lex rei sitae.Rule of exterritoriality existing or taking place outside the territorial limits of jurisdiction ( for ex: contracts executed before diplomatic or consular officials of the RP, because they are considered as an extension of the Phil. Laws).

ART. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall by supplied by the provisions of the Code.In case of conflict, the special law prevails over the Civil Code (the Civil Code shall only be suppletory or supplying deficiencies), which is general in nature.When the Civil Code is superior:1. Common carriers the Code of Commerce supplies the deficiency2. Insolvency _ the special law supply the deficiencyRule of statutory construction is that the special law governs in case of conflict.

CHAPTER 2HUMAN RELATIONSART. 19. 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. To be observed for the rightful relationship between human beings and the stability of the social order. The lawmakers makes it imperative that everyone duly respect the rights of others.This article stresses:a. Acting with justiceb. The giving to everyone his duec. The observance of honesty and good faithART. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. In the law of torts and quasi-delicts, whoever, by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Negligence the failure to observe for the protection of the interest of another person that degree of care, precaution and vigilance which the circumstances greatly demand, whereby such other person suffers injury.ART. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.Art 21 distinguished for Art. 20:1. Art 21 the act is contrary to morals, good customs or public policy.Art. 20 the act is contrary to law.2. Art 21 the act is done willfully (not merely voluntarily but with a bad purpose)Art. 20 the act is done either willfully or negligentlyGranting the right to recover damages only to injured persons who are not themselves at fault.Nominal Damages granted for the vindication or recognition of a right violated or invaded, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.ART. 22. Every person who through an act of performance by another, or any other means, acquired or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. No person should unjustly enrich himself at the expense of another (Nemo cum alterius detrimento protest) No man ought to be made rich out of anothers injury (Nemo ex alterius incommode debet lecupletari)Essential Requisites of Accion in Rem Verso (Action for recovery of what has been paid without just cuase);1. One party must be enriched and the other made poorer2. There must be a casual relation between the two3. The enrichment must not be justifiable4. There must be no other way to recover5. The indemnity cannot exceed the loss or enrichment, whichever is lessART. 23. Even when an act or event causing damage to anothers property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.Unless there is a duty to indemnify, unjust enrichment will occur.ART. 23. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, metal weakness, tender age or other handicap, the courts must be vigilant for his protection. The law takes great interest in the welfare if the weak and the handicapped. Parens Patriae father or parent of his country- refers to the sovereign power of the state in safeguarding the rights or person under disability, such as the insane or the incompetent Summun jus, Summun injuria where the law always to be applied strictly, there would be danger that injustice might arise.ART. 25. Thoughtless extravagance in express for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institutions. May incite the passions of those who cannot afford to spend Only a charitable institution (government or private) may bring the actionART. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:a. Prying into the privacy of anothers residenceb. Meddling with or disturbing the private life or family relations of anotherc. Intriguing to cause another to be alienated from his friendsd. Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal conditionThis article enhances human dignity and personality. Social equality is not sought, but due regard for decency and propriety.ART. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.This Art. refers to a public servant or employee. The purpose of this is to end the pabagsak or bribery system, where the public offcial for some flimcy excuse, delays or refuses the performance of his duty until he gets some kind of pabagsak.Three kinds of bribe:1. Pabagsak the gift given so that an illegal thing may be done2. Pampadulas the gift given to facilitate or expedite the doing of a legal thing3. Pampasalamat the gift given in appreciation of a thing already doneThe provision presupposes that the refusal or omission of a public official to perform his official duty is attributable to malice or inexcusable negligence.Elements:1. The offender is a public officer2. Who requested or received a gift, a present, a share, a percentage or a benefit3. On behalf of the offender or any other person4. In connection with a contract or transaction with the government5. In which the public officer, in an official capacity under the law, has the right to interveneART. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or high-handed method shall give rise to a right of action by the person who thereby suffers damages.The above provision is necessary in a system of free enterprise. It is intended to lay down a general principle outlawing unfair competition, both among enterprises and among laborer. While competition is necessary in a free enterprise, it must not be unfair.Scope:a. Agricultural Enterprisesb. Commercial Enterprisesc. Industrial Enterprisesd. Labor

ART. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious.(2) If in a criminal case judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.Under the RPC (Art. 100), a person criminally liable is also civilly liable. The two liabilities are separate and distinct from each other; one is for the punishment or correction of the offender (criminal), while the other is for reparation of damages suffered by the aggrieved party (civil).In a criminal action, the State must prove its case by evidence which shows the guilt of the accused beyond reasonable doubt; while in a civil action, it is sufficient for the plaintiff to sustain his cause by preponderance of evidence only.Reason for Art. 29 criminal liability is harder to prove than civil liability because the former demands proof of guilt beyond reasonable doubt; the other mere preponderance of evidence.

ART. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.Art. 29 and Art. 30 does not speak of an independent civil action.Ex contracto separate civil caseEx delicto if acquitted in a criminal case, civil case will also be extinguished.

ART. 31. 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 and regardless of the result of the latter.Independent Civil Action one that is brought distinctly and separately from a criminal case allowed for considerations of public policy, because the proof needed for civil cases is less that that required for criminal cases; but with the injunction in general that success in financially recovering in one case should prevent a recovery of damages in the other.The bringing of the independent civil action is permissive, not compulsory.Instances when law grants an independent civil action:a. Art.32 breach of constitutional and other rightsb. Art. 33 defamation, fraud, physical injuriesc. Art. 34 (refusal or failure of city or municipal police to give protectiond. Art. 2177 quasi-delict or culpa aquilianaScope Art. 31 contemplates a case where the obligation does not arise from a crime, but from some other act; like a contract or a legal duty.

ART. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:1. Freedom of Religion2. Freedom of speech3. Freedom to write for the press or to maintain a periodical publication4. Freedom from arbitrary or illegal detention5. Freedom of suffrage6. The right against deprivation of property without due process of law7. The right to a just compensation when private property is taken for public use8. The right to the equal protection of the laws9. The right to be secure in ones person, house, papers, and effects against unreasonable searches and seizures10. The liberty of abode and of changing the same11. The privacy of communication and correspondence12. The right to become a member of associations or societies for purposes not contrary to law13. The right to take part in a peaceable assembly to petition the government tor redress or grievances14. The right to be free from involuntary servitude in any form15. The right of the accused against excessive bail16. The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf17. Freedom from being compelled to be a witness against ones self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession except when the person confessing becomes a State witness18. Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and19. Freedom of access to the courts(2) In any of the cases referred to in this article, whether or not the defendants act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidenct.(3) The indemnity shall include moral damages. Exemplary damages may also be adjudicated.(4) The responsibility herein set forth is not demandable from a Judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.Civil liberties those fundamental freedom which, historically associated with the bill of rights, aim at protecting the individual against oppression through government action- they are the rights which are deemed essential to any enlightened scheme of ordered liberty which endows the individual with the dignity of man in the society of his equals.- liberty does not mean license, that rights involve duties, and that freedom must be coupled with responsibility and self restraint.Scope: It should be noted that the following can be made liable:a. Any public officer or employeeb. Any private individual even if he be in good faithReasons for the creation of Independent Civil Action under Art. 32a. Sometimes the fiscal is afraid to prosecute fellow public officials, and the citizen may be left without redress.b. Even when the fiscal files a criminal case, still said case requires proof of guilt beyond reasonable doubt, a requirement much harder to comply with than mere preponderance of evidencec. There are many unconstitutional acts which are not yet made crimes. The remedy for this is clearly a civil action.ART. 33. In cases of defamation, fraud and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.Art. 33 speaks of:a. Defamation (or libel, slander or intrigue against honor)b. Fraud (estafa or swindling)c. Physical injuries including consummated, frustrated and attempted homicide, murder, parricide, infanticide so long as there was physical injuryArt. 33 of the Civil Code is more for the benefit of the claimant or victim than anybody else. Nevertheless, if he files a civil case under Art. 33, the victim can no longer intervene in the prosecution of the criminal case.Where the civil case is brought ahead of the criminal case, there is no doubt that the civil case will not be suspended.If the offended party in libel intervenes in the prosecution of the criminal case through a private prosecutor, he will be deemed to have waived the civil action.If in the criminal proceedings, the offended party did not enter any appearance, or intervene in any other manner, an independent civil action can prosper under Art. 33, if no civil liability was adjudged in the criminal case. This is so even if there was no reservation made.

ART. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primary liable for damages, and the city or municipality shall be subsidiarily responsible therefore. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.Independent civil action for the liability of City or Municipal Police Force:1. Primary liability assessed against the member of the police force who refuses or fails to render aid or protection2. Subsidiary liability imposed on the city or municipality concerned in case of insolvency

ART. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendants motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.(2) if during the pendency of the civil action an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.Rule if no independent civil action is granted this Article applies to cases when there is no independent civil action (such as when the liability sought to be recovered arises from a crime); and not to a tortuous action such as that provided for under Art. 33.

ART. 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the SC shall promulgate and which shall not be in conflict with the provisions of this Code.Prejudicial question one which must be decided first before a criminal action may be instituted or may proceed because a decision therein is vital to the judgment in the criminal case.- one which arises in a case, the resolution of which question is a logical antecedent of the issues involved in said case and the cognizance of which pertains to another tribunal.First element - must be determinative of the case before the courtSecond element jurisdiction to try said question must be lodged in another tribunal

BOOK I PERSONSTITLE I. CIVIL PERSONALITYPersons- any being, natural or artificial, capable of possessing legal rights and obligations2 kinds of persons:1. Natural persons human beings created by God through the intervention of the parents.2. Juridical persons those created by law.ART. 37. Juridical capacity, which is the firness ro be the subject of legal relations, is inherent in 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.Juridical Capacity the fitness to be the subject of legal relations.Capacity to Act the power to do acts with legal effect.Difference: JURIDICAL CAPACITYCAPACITY TO ACT

a. Passivea. Active

b. Inherentb. Merely acquired

c. Lost only through deathc. Lost through death and may be restricted by other causes

d. Can exist without capacity to actd. Exists always with juridical capacity

Full or Complete Civil Capacity the union of the two kinds of capacity (plena capacidad civil)

ART. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.Restrictions on Capacity to Act:1. Minority2. Insanity or imbecility3. State of being a deaf-mute4. Prodigality5. Civil interdiction (the deprivation by the court of a persons right):a. To have parental or marital authorityb. To be the guardian of the person and property of a wardc. To dispose of his property by an act inter vivos (he cannot donate, for this is an act inter vivos; but he can make a will, for this is a disposition mortis causa)Civil interdiction or Civil Death (no exercise of rights, only the right to live)Effect in general of the restrictions:a. They do not extinguish capacity to act. They merely restrict or limit the same. Thus, an insane persons contract is merely voidable, not void.b. The incapacitated person is not exempt from certain obligations arising from his acts.ART. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.(2) A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law.Art. 39 is broader than art. 38 because it includes not only the restrictions or limitations but also those circumstances that modify capacity to act.