sta. maria explaination

8/12/2019 Sta. Maria Explaination.

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Article 14. Penal laws and those of public securityand safety shall be obligatory upon all who live orsojourn in Philippine territory,subject to the principles of public international lawand to treaty stipulations.

Illustration:

Rudy is an American citizen. He is having his vacationin Manila. He raped Jane inside a motel. He can be

charged with rape and be made liable. He cannot invoke

his being a foreigner because everybody who sojourns on

hilippine territory is bound by hilippine penal laws and

those of public safety.

!ut suppose Rudy is an American ambassador" therule would be different" because the obligatory force of

hilippine penal laws and those of public safety is subjectto accepted principles of international law and treaty

stipulations.

#t is a well$accepted principle of international law

that ambassadors are granted diplomatic immunities. %he

remedy against him is not criminal prosecution" but for

him to be recalled by his government on the ground that

he is apersona non grata. %hus" under the principle of

e&traterritoriality" there are foreigners who are e&empted

from the operation of hilippine laws" like when the offenseis commited by a foreign sovereign or diplomatic

representatives while on hilippine territory' or when the

crime is committed inside a public or armed vessel of a

foreign country. !ut a merchant vessel is not covered by

the principle of e&traterritoriality" for the moment it enters

the hilippines" it subjects itself to the laws of our

country' hence" if an offense is committed within said vesselArt. () %H* +#,#- +/*+HA%*R # 0 *11*+% A2/ A-#+A%#2 1 -A34)5 *R424 A2/ 1AM#-6 R*-A%#24

while on hilippine territory or post" the offense constituting

a breach of public order" the same is triable here.

(People vs. Bull, 15 Phil. 7; U.S. vs. Wong Cheng, 46

Phil.

729; U.S. vs. Look Chaw, 18 Phil. 573)

Article 15. Laws relating to family rights andduties, or to the status, condition and legalcapacity of persons are binding upon citiens ofthe Philippines, even though living abroad.

#f A and !" both 1ilipino citizens" are married but they are

living abroad" the law that governs them with respect to their

family rights and duties" status" condition and legal capacity

is hilippine law. 4o that" the mandate under Article 57 of

the 1amily +ode that the husband and wife are obliged to

live together" love one another" help" support and observemutual respect and fidelity would still apply. 4uppose in

4weden" where they are living" the law allows them to live

separately and maintain other partners" the same cannot

apply to them" because what governs their relationship is

hilippine law. r" if in 4weden" there is no obligation to

support one another" still the law cannot apply" because

under hilippine law" they are obliged to support one

another

-et us say that A" in the problem above" left his spouse inthe hilippines and went to Hawaii. After five 89: years" he

divorced his spouse. 4uch a divorce decree is void and

cannot be recognized in the hilippines because of our

adherence to the nationality theory that hilippine law

governs the family rights and duties" status" condition

of 1ilipino citizens. /efinitely" a divorce decree obtained

abroad would affect the status and condition of A and !.


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1urthermore" the divorce decree is contrary to public policy"

especially with the provisions of Article (; of the +ivil

+ode" where the law says that such a declaration of publicpolicy cannot be rendered ineffective by a judgment

promulgated in a foreign country. !ut let us say that A is an

American citizen and ! is a 1ilipina. %hey went to the ualized the unfair situation in the +ivil +ode where

regardless of whether the marriage was mi&ed or not" if the

foreigner divorced the 1ilipino" the latter could not remarry.

Article 1!. "eal property as well as personalproperty is subject to the law of the country whereit is situated.#owever, intestate and testamentarysuccessions, both with respect to the order of

succession and to the amount of successionalrights and to the intrinsic validity of testamentaryprovisions, shall be regulated by the national lawof the person whose succession is underconsideration, whatever may be the nature of theproperty and regardless of the country whereinsaid property may be found. $1%a&

%here are four aspects of succession which are governed by

the law of the person whose succession is under

consideration" and they are?

8(: the order of succession'8=: the amount of successional rights'8@: the intrinsic validity of the will 8Art. (5" 2ew +ivil

+ode:'

8): the legal capacity to succeed. 8Art. (@B" 2ew +ivil

+ode:.


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Effects of laws, etc. on prohibitive laws

concerning persons

in the Philippines.

Article (; of the +ivil +ode says that if there is a law or

determination or judgment in a foreign country" the same

shall not render ineffective prohibitive laws concerningpersons" their property or acts of 1ilipinos.

Example:A and ! are 1ilipino citizens. %hey are married. 3hile

vacationing in -as ,egas" 2evada" they divorced each

other. %he divorce decree cannot be valid in the hilippines

as it is contrary to public policy and morals. 3hile

it may be valid in 2evada" it is void in the hilippines andhence" it cannot render ineffective hilippine law that says

that what governs the family rights and duties" status"

condition and legal capacity of the 1ilipinos is hilippine

law.

r" if A and ! would agree to separate properties

e&trajudicially and the agreement is valid in 2evada" that

is void in the hilippines" because the spouses cannot have

separation of properties during the marriage without judicialorder.

r" if A and ! agree to maintain live$in partners" the

agreement is void as it is contrary to morals. *ven if the

agreement is valid in 2evada" the same is void in the

hilippines since it is contrary to morals.

Article 1+. n matters which are governed by the-ode of -ommerce and special laws, theirdeficiency shall be supplied by the provisions ofthis -ode. $1!a&

Article 1. /very person must, in the e)ercise ofhis rights and in the performance of his duties, act

with justice, give everyone his due and observehonesty and good faith.

Right. *very well$grounded claim on others is called a

right" and" since the social character of man gives the

element of mutuality to each claim" every right conveysalong with it the idea of obligation.

Duty. A human action which is e&actly conformable to the

laws which re>uires us to obey them. A moral obligation or

responsibility. #t differs from a legal obligation" because a

duty cannot always be enforced by the law' it is our duty" for

e&ample" to be temperate in eating" but we are under no

legal obligation to be so' we ought to love our neighbors" but

no law obliges us to love our neighbors.

Justice. %he constant and perpetual disposition to render

to every man his due. %he conformity of our actions and our

will to the law.

Good Faith. An honest intention to abstain from taking

any unconscientious advantage of another" even though theforms or technicalities of law" together with an absence of

all information or belief of facts which would render the

transaction unconscientious.

Article 00. /very person who through an act ofperformance by another, or any other means,acuires or comes into possession of somethingat the e)pense of the latter without just or legalground, shall return the same to him.

Illustrations. A certain property left and temporarily

forgotten by the owner is not lost" but is mislaid property" of

which the owner is still constructively in possession"

although its custody may be in another on whose premises it

has been left. %hus" when A left his hat in the business office

of ! who found ACs hat and refused to return the hat to A


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upon demand" it can be said that ! is bound to return ACs hat

under this provision" because ! should not profit by the

mere forgetfulness of A" nor should the latter be deprived ofhis belonging by mere casual or accidental misplacement

thereof. #t has been held in a case that" where a certain

personal property is hidden by its owner who forgot to

retake it and then found by another" that thing was not

considered a lost property although the finder did not know

its owner since the purpose of hiding it was for safekeeping

and was not an involuntary parting of possession. !ut

where articles are accidentally dropped in any public place"public thoroughfare" or street" they are lost in the legal

sense. -ikewise" it is not a case of losing where a personputs a package on the seat of a common carrier and forgets

to take it with him when he leaves the car or where money

is left on a desk in a private apartment of a safe$deposit

company or where hides are placed in a vat

for the purpose of tanning and forgotten by the person who

put them there. n the other hand" a pocketbook found on

the ground under a table in a public amusement place is lost

property" because the element of involuntary parting with

the possession is present and the same is true as to moneyfound in a crevice or interspaced in a safe.

Article 02. /ven when an act or event causingdamage to another3s property was not due to thefault or negligence of the defendant, the latter shallbe liable for indemnity if through the act or eventhe was benefited.

%he +ode +ommission gave an e&ample of a situation

covered by this rule" thus?

D3ithout ACs knowledge" a flood drives his cattle to

the cultivated highland of !. ACs cattle are saved" but !Cs

crop is destroyed. %rue" A was not at fault but he was

benefited. #t is but right and e>uitable that he should

indemnify !.E 8Report of the +ode +ommission" pp. )($)=:.

Article 04. n all contractual, property or otherrelations, when one of the parties is at adisadvantage on account of his moral

dependence, ignorance, indigence, mentalweaness, tender age or other handicap, thecourts must be vigilant for his protection.

Who are protected by the law?

%he law is designed to protect those at a disadvantaged

position by reason of moral dependence" ignorance"

indigence" mental weakness" tender age and other handicap.#t is designed to implement the principle ofparens

patriae, and the courts" as guardians of the rights of the

people" are called upon to implement such policy.

in the case of theHeirs of John Sycip, et al. vs. CA, et

al." any transaction involving real properties with 2on$

+hristian 1ilipinos must be approved by the provincial

governor of the place' otherwise" it is void. #t is perceived

that those who belong to the cultural minorities can be easy

prey of the more intelligent people due to the formerCs

ductility. !ut take note that the law merely gives protection

to the illiterates" a classification intended by the legislature"

designed to give them ample protection" which can beconsidered as an implementation of the social justiceconcept of resident Magsaysay" Dthat

those who have less in life should have more in law.E

#n Valenzuela vs. Court of Appeals, et al." F.R. 2o.

95(57" /ecember ==" (B77" an illiterate old man obtained a

loan from a rural bank for @.. 3hat was reflected in

his record" however" was 9".. #n an action for

annulment andGor reformation of instrument" the lower court


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ordered the reformation of the contract to reflect the true

intention of the parties. *vidences to support reformation

are? 8(: receipt signed by the old man 8deceased showingthat the loan was for @. only:' and 8=: testimonies of

the wife" as well as a companion" that the amount of the loan

was only @..

the 4upreme +ourt applied the principle ofparens patriae

when it said that where a child of tender age israpedespecially by a relative" the +ourt would always have the

tendency to rely on her testimony. More specifically" in

People vs. Casipit" the 4upreme +ourt said?

D3here the victims of rape are of tender years" there is a

marked receptivity on the part of the courts to lend credence

to their version of what transpired" a matter not to be

wondered at" since the 4tate" asparens patriae" is under

obligation to minimize the risk of harm to those who"

because of their minority" are not yet able to fully protect

themselves.E

Article 05. (houghtless e)travagance in e)penses

for pleasure or display during a period of acutepublic want or emergencymay be stopped by order of the courts at theinstance of any government or private charitableinstitution.

Illustration:

After a typhoon which rendered practically everybodyhomeless in a community" a marriage is celebrated with

lavishness where there are people who have practically

no food to eat' such act may be prevented by an order of a

court at the instance of a government or private charitable

institution. 2ote that not anyone can ask the courts to

prevent such thoughtless e&travagance. #t must be agovernment or private charitable institution that should ask

for an order. Actually" this provision of the law is a

manifestation of the power of the community to safeguard

public welfare under the police power of the state.

Article 0!. /very person shall respect the dignity,personality, privacy and peace of mind of hisneighbors and other persons. (he following andsimilar acts, though they may not constitute acriminal offense, shall produce a cause of actionfor damages, prevention and other relief$1& Prying into the privacy of another3s residence6$0& 7eddling with or disturbing the private life orfamily relationsof another6$2& ntriguing to cause another to be alienated fromhisfriends6$4& 8e)ing or humiliating another on account of hisreligious beliefs, lowly station in life, place of birth,physical defect, or other

personal condition.

Article 0'. Any person suffering material or moralloss because a public servant or employee refusesor neglects, without justcause, to perform his official duty may file anaction for damages and other relief against thelatter, without prejudice to any disciplinaryadministrative action that may be taen.

Neglect of duty.

3here duties are imposed upon an individual officer"

>uestions of liability for neglect" corresponding to the

>uestions which arise when official duty fails in

performance" are of fre>uent occurrence. %hus" it was heldin a case that where the duty imposed is obviously meant to

be a duty to the public" and also to individuals" and the

penalty is made payable to the 4tate or to the individual" the


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right of an individual injured to maintain an action on the

case of breach of duty owing to him will be un>uestionable.

8@ +ooley on %orts" p. @9=:.

Article 0+. 9nfair competition in agricultural,commercial or industrial enterprises or in laborthrough the use of force, intimidation,deceit, machination or any other unjust,

oppressive or highhanded method shall give riseto a right of action by the person who therebysuffers damage.

Article 0. *hen the accused in a criminalprosecution is acuitted on the ground that hisguilt has not been proved beyond reasonabledoubt, a civil action for damages for the same actor omission may be instituted. :uch actionreuires only a preponderance of evidence. 9ponmotion of the defendant, the court mayreuire the plaintiff to file a bond to answer fordamages in case the complaint should be found tobe malicious. f in a criminal case the judgment of

acuittal is based upon reasonable doubt, thecourt shall so declare. n the absence of anydeclaration to that effect, it may be inferred fromthe te)t of the decision whether or not the acuittalis due to that ground.

Article 2%. *hen a separate civil action is broughtto demand civil liability arising from a criminaloffense, and no criminal proceedingsare instituted during the pendency of the civilcase, a preponderance of evidence shall liewisebe sufficient to prove theact complained of.

Article 21. *hen the civil action is based on anobligation not arising from the act or omissioncomplained of as a felony, such civil action mayproceed independently of the criminal proceedingsand regardless of the result of the latter.

An e&ample of a case falling under Article @( is a civilaction to recover the proceeds of sale of goods covered by a

trust receipt. 4uch civil action can proceed independently of

the criminal action for violation of the trust receipt law.

84outh +ity Homes" #nc. vs. !A 1inance"F.R. 2o. (@9)5=" ;

/ecember =(' rudential !ank vs. 2-R+"@=( hil. ;B7(BB9I' rudential !ank vs. #ntermediate Appellate +ourt"

F.R. 2o. ;)775" 7 /ecember (BB=" =(5 4+RA =9;:. #n such

case" the validity of the contract" on which the civil action is

based"is not at issue. 3hat is at issue is the violation of an

obligation arising from a valid contract the trust receipt

Article 20. Any public officer or employee, or anyprivate individual, who directly or indirectly

obstructs, defeats, violates orin any manner impedes or impairs any of thefollowing rights and liberties of another personshall be liable to the latter for damages$1& ;reedom of religion6$0& ;reedom of speech6$2& ;reedom to write for the press or to maintain aperiodical publication6$4& ;reedom from arbitrary or illegal detention6$5& ;reedom of suffrage6$!& (he right against deprivation of property


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without due process of law6$'& (he right to a just compensation when privateproperty is taen for public use6$+& (he right to the eual protection of the laws6$& (he right to be secure in one3s person, house,papers and effects against unreasonable searchesand seiures6$1%& (he liberty of abode and of changing thesame6$11& (he privacy of communication andcorrespondence6$10& (he right to become a member of associationsor societies for purposes not contrary to law6$12& (he right to tae part in a peaceable assemblyto petitionthe


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action herein recognied shall be independent ofany criminal proceedings, and a preponderance ofevidence shall suffice to support such action

action that may be filed shall be independent of any criminal

proceedings reponderance of evidence shall be sufficient to

support a decision in such action.%he reason why a police officer is liable in case he refuses to

give help or protection to anyone whose life or property is in

danger is that he is usually the person to whom people turn

to for protection %o the people" the policeman is the e&ternal

symbol of the governmentCs power and authority.

Article 25. *hen a person, claiming to be injuredby a criminal offense, charges another with thesame, for which no independent civil action isgranted in this -ode or any special law, but the

justice of the peace finds no reasonable groundsto believe that a crime has been committed, or theprosecuting attorney refuses or fails to institutecriminal proceedings, the complainant may bringa civil action for damages against the allegedoffender. :uch civil action may be supported by apreponderance of evidence. 9pon the defendant3smotion, the court may reuire the plaintiff to file a

bond to indemnify the defendant in case thecomplaint should befound to be malicious.

#f 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.

Article 2!. Prejudicial uestions, which must bedecided before any criminal prosecution may beinstituted or may proceed, shall be governed bythe "ules of -ourt which the :upreme -ourt shallpromulgate and which shall not be in conflict withthe provisionsof this -ode.

Article 2'. =uridical capacity, which is the fitness tobe the subject of legal relations, is inherent inevery natural person and is lost only throughdeath. -apacity to act, which is the power to doacts with legal effect, is acuired and may be lost.$n&

8(: Juridical capacity is the fitness to be the subject of legal

relations. #t is inherent in every natural person.8=: +apacity to act is the power to do acts with legal effect.

#t may be ac>uired and it may also be lost. #t is ac>uiredupon the attainment of the age of majority.

8@: erson is a physical or legal being susceptible of rights

and obligations or of being the subject of legal relations.

8): Right is the power which a person has to demand from

another a prestation or the power to do or not to do" or to

demand something

Elements of a right.

%here are three 8@: basic elements of a right. %hey are?

8(: Subject. Rights e&ist in favor of persons. *very right

involves two persons" one who may demand itsenforcement" being conse>uently designated as the active

subject" and the other must suffer or obey such enforcement

and is therefore called the passive subject. %he former has a

right' the latter owes a duty. 84.R.#. )(:.

8=: Object. Rights are e&ercised over things" or services"

for the satisfaction of human wants" physical or spiritual.

%hings and

services constitute the object of rights. 84.R.#. )@:.

8@: Efficient cause. %his is the tie that binds the subject


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and the object together. #t produces all legal relations. #t

springs mainly from acts of violation. 84.R.#. )):.

Illustration:

A and ! entered into a contract of sale over ACs car

where they agreed to buy and sell the same for

)".. A and ! are the passive and active subjects.

%he car is the object and the price is the efficient cause.

Article 2+. 7inority, insanity or imbecility, the stateof being a deaf>mute, prodigality and civilinterdiction are mere restrictions on capacity toact, and do not e)empt the incapacitated personfrom certain obligations, as when the latter arisefrom his acts or from property relations, such aseasements. $20a&

%here are persons who have restricted capacity to act" likeminors" insanes" imbeciles" deaf$mutes" prodigals" or those

under civil interdiction. 4uch conditions merely restrict their

capacity to act %hey" however" have juridical capacity andare susceptible of rights and even of obligations" when the

same arise from their acts or from property relations. %hese

persons are not e&empted from their obligations. %heir

parents or guardians may still be liable.

Article 2. (he following circumstances, amongothers, modify or limit capacity to act age,insanity, imbecility, the state of beinga deaf>mute, penalty, prodigality, family relations,alienage, absence, insolvency and trusteeship. (he

conseuences of these circumstances aregoverned in this -ode, other codes, the "ules of-ourt, and in special laws. -apacity to act is notlimited on account ofreligious belief or political opinion. A married

woman, twenty>one years of age or over, isualified for all acts of civil life, e)cept in casesspecified by law.

Age.

%he age of majority is now (7 years. 8R.A. 2o. 57B:. As arule" a minor may not give consent to a contract" but look at

Article ()@ of the +ivil +ode which provides that one of

the classes of unenforceable contracts is where both parties

to the same are incompetent to give consent. %he contract

can" however" be cleansed of its defect if their parents or

guardians would ratify the same. 8Art. ();" 2ew

+ivil +ode:. r" if one of the parties to a contract is

incapable of giving consent" the contract is voidable. 8Art.(@B" 2ew +ivil +ode: !ut if the parents or guardian of said

incompetent ratify the same" it is cleansed of its defect from

the moment of the signing or perfection

of the contract of the minor. 8Art. (@B5" 2ew +ivil +ode:.

Illustration:

A and ! are both minors. A sold his car to ! for

)".. A delivered it and ! paid. %he contract isunenforceable" but if the parents or guardians of A and !

would ratify it" then" it is cleansed of its defect from the

moment of perfection of the contract' not from the

ratification.

A" a minor sold his car to !" a person of age. ! paid

A and A delivered the car to !. %his contract is voidable"

but it can be ratified by the parents or guardians of A.

#n both cases" there is restriction of capacity to act"yet the law recognizes effects of the said contracts.

#nMercado and Mercado vs. Espiritu" @; hil. =(9"

minors stated that they were of legal age when they entered

into a contract of sale. %he truth is that they were

not of age. %hey could not be permitted to e&cuse

themselves from the fulfillment of their obligation. %his is

so because of the principle of estoppel. 8!ambalan vs.Maramba and Muerong" 9( hil. )(;:. #n the same manner"

the minor in Uy Soo Lim vs. Tan Unchuan" @7 hil.

99=" did not ask for annulment of his contract upon

attainment of majority age. %he 4upreme +ourt said that

knowing his rights" he should have promptly disaffirmed

his contract after attaining the age of majority but instead"

permitted the other party to continue making payments.

Sickness.

An insane or demented person or a deaf$mute who does not


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know how to read and write may not give consent to a

contract. #n Standard Oil Co. vs. Codina Arenas" (B

hil. @5@" the 4upreme +ourt agreed with the trial court that

monomania of wealth does not really imply that a person is

not capable of e&ecuting a contract. %he 4upreme +ourt said

that in our present knowledge of the state of mental

alienation" such certainly has not yet been reached as to

warrant the conclusion" in a judicial decision" that he whosuffers the monomania of wealth" believing himself to be

very wealthy when he is not" is really insane and it is to bepresumed" in the absence of a judicial declaration" that he

acts under the influence of a perturbed mind" or that his

mind is deranged when he e&ecutes an onerous contract.

+apacity to act must be supposed to attach to a person who

has not previously been declared incapable" and such

capacity is presumed to continue so long as the contrary be

not proved" that is" at the moment of his acting he was

incapable" crazy" insane" or out of his mind. #t was said that

it was necessary to show that such monomania was habitual

and constituted a veritable mental perturbation in the patient'that the contract e&ecuted by him was the result

of such monomania and not the effect of any other cause and

that monomania e&isted on the date when the contract was

e&ecuted.

Penalty.

#n the commission of certain offenses" accessory penalties

are imposed by law" like perpetual or temporary

dis>ualification to hold office" suspension from public

office" curtailment of the right to vote or be voted for and

the right to e&ercise a profession or calling" or even civil

interdiction. +ivil interdiction deprives the offender duringthe time of his sentence of the rights of parental authority

and guardianship" either as to person or property of any

ward" of marital authority" of the right to manage his

property and the right to dispose of such property by any act

or conveyance inter vivos. 8Art. @)" Revised enal +ode:.

A person under civil interdiction cannot therefore make a

donation inter vivos" but he can make a will as the latter

shall take effect after death.

A person under civil interdiction is subject to guardianship

8RuleB@" 4ec. =" Rules of +ourt:' he may be disinherited if

he is a child or descendant" legitimate or illegitimate. 8Art.

B(B7I" 2ew +ivil +ode:.#t may also be a ground for

separation of properties during the marriage 8Art. (@9"

1amily +ode:' it may cause the termination of agency. 8Art.

(B(B" +ivil +ode:.

Prodigality.

#t has been held that the acts of prodigality must show a

morbid state of mind and a disposition to spend" waste" and

lessen the estate to such an e&tent as is likely to e&pose thefamily to want of support" or to deprive the compulsory

heirs of their legitime. 8Martinez vs. Martinez" ( hil. (7=:.

rodigals are subject to guardianship. 8RuleB@" 4ec. =" Rules

of +ourt: A spendthrift is a person who" by e&cessive

drinking" gambling" idleness" or debauchery of any kind

shall so spend" waste or lessen his estate as to e&pose

himself or his family to want or suffering" or e&pose the


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town to charge or e&pense for the support of himself and

his family.

Alienage.

Aliens cannot ac>uire land in the hilippines. %he (B7;

+onstitution provides that save in cases of hereditary

succession" no private lands shall be transferred or conveyede&cept to individuals" corporations" or associations >ualified

to ac>uire or hold lands of the public domain. 84ec. ;" Art.K##" (B7; +onstitution:. %he rule cited above is not however

absolute as the +onstitution further provides that

notwithstanding the provisions of 4ection ; of this Article" a

natural$born citizen of the hilippines who has lost his

hilippine citizenship may be a transferee of private lands"

subject to limitations provided by law. 84ec. 7" Art. K##"

(B7; +onstitution:. %he limitation provided by law is that if

such former natural$born citizen ac>uires land in MetroManila" he can do so but not e&ceeding 9" s>uare meters.

#f outside" the limit is three 8@: hectares. #t can be ac>uired

for all purposes. Aliens cannot practice their professions in

the hilippines" as the (B7; +onstitution says that the

practice of all professions in the hilippines shall be limited

to 1ilipino citizens" save in cases provided by law. 84ec. ()"

Art. K##:. %hey cannot also operate public utilities. 8Art. K##"

4ec. ((:. #n the case of Cheesman vs. CA" it was said that

if a foreigner marries a 1ilipino and out of conjugal funds"

a private land is ac>uired by them" the same cannot form

part of their community of property because the foreigner is

dis>ualified from ac>uiring lands in the hilippines. 2ote

that this may be harsh" but that is the law.Dura lex sed

lex.

Absence.


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property regime or when there is separation of properties

during the marriage. 8Art. ()B" 2ew +ivil +ode:. Husband

and wife cannot also enter into a universal partnership of allproperties. 8Art. (;7=" 2++:. %he law also declares as void

marriages among relatives in the direct line" whether

legitimate or illegitimate 8Art. @;" 1amily +ode:' or those in

the collateral line up to the fourth civil degree of

consanguinity by reason of public policy. 8Art. @7" 1amily

+ode:.

Deaf-Mute.

A person who is blind or deaf or dumb cannot be a witness

in a will. 8Art. 7=" 2ew +ivil +ode:. !ut a deaf$mute may

e&ecute a will 8Art. 7;" 2ew +ivil +ode: or a blind person

can e&ecute a will. 8Art.77" 2ew +ivil +ode:.

Political or religious belief.

%hese two things do not affect capacity to act. #n fact" under

the (B7; +onstitution" no religious test shall be re>uired for

the e&ercise of civil or political rights. 8Art. ###" 4ec. 9" (B7;

+onstitution: %he last paragraph of Article @B of the +ivil+ode has been repealed by the 1amily +ode and R.A. 2o.

57B. %he age of majority now is (7 years.Article 4%. ?irth determines personality6 but theconceived child shall be considered born for allpurposes that are favorable to it, provided, it beborn later with the conditions specified in thefollowing article. $0a&

Person defined.

#n a juridical sense" by DpersonE is meant any being"physical or moral" real or juridical and legal" susceptible of

rights and obligations"or of being the subject of legal

relations. 8= 4anchez Roman ((:. %he term person is more

e&tensive than the term man or human being. 8( 1alcon"

(@: 1alcon maintains that there is no difference between

person and man and defines DpersonE as Dman and all

associations formed by man.E 8( 1alcon (@:. %he term

DpersonE includes entities which have no physical e&istence

such as corporations and associations. 8eople vs. +om.Crs.

of %a&es" =@ 2.6. =)=:.

Birth determines personality.

#t must be noted that personality is determined by birth.

3ithout it" there is no human being' there is no natural

person fit to be the subject of legal relations. !ut aconceived child may be considered born for purposes

favorable to it. %he following laws provide for favorable

situations for an unborn fetus?

(1) Donations made to conceived and unborn

children may be accepted by those who would legally

represent them if they are already born. (Art. 742,

Civil Code).

(2) Every donation inter vivos, made by a person

having no children or descendants, legitimate or

legitimated by a subsequent marriage, or

illegitimate, may be revoked or reduced as provided

in the next article, by the happening of any of these

events:

1) If the donor, after the donation, should have

legitimate or legitimated or illegitimate children,

even though they be posthumous.

x x x x x x x x x. (Art. 760, New Civil Code).


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3) The preterition or omission of one, some, or all of

the compulsory heirs in the direct line, whether

living at the time of the execution of the will or born

after the death of the testator, shall annul the

institution of heir; but the devises and legacies shall

be valid insofar as they are not inofficious. (Art. 854,

New Civil Code).

Article 41. ;or civil purposes, the fetus isconsidered born if it is alive at the time it iscompletely delivered from the mother3s

womb. #owever, if the fetus had an intra>uterinelife of less than seven months, it is not deemedborn if it dies within twenty>fourhours after its complete delivery from the maternal

womb. $2%a&

%he provisions of Articles ) and )( of the +ivil +ode have

cross reference to the law on succession" for under Article

(=9 of the +ivil +ode" the law says that in order to be

capacitated to inherit" the heir" devisee or legatee must beliving at the moment the succession opens" e&cept in case of

representation" when it is proper. A child already conceived

at the time of the death of the decedent is capable of

succeeding provided it be born later under the conditions

prescribed in Article )(.

Illustration:

A e&ecuted a will instituting the fetus inside !Cs womb. At

the time of the childCs birth" he had an intrauterine life of 7

months. #n order to succeed" he must be considered born'and if he is born alive" he succeeds and he would transmit

successional rights to his heirs if he should die after his

birth. 2ote that the fetus can be considered born for

purposes of the institution in the will because it is favorable

to it. !ut the taking of the property is conditioned on his

birth. 4uppose the child had an intra$uterine life of 5$lG=

months or less than ; months" he must have to live for at

least =) hours from the complete separation from thematernal womb" otherwise" if he dies within =) hours from

his complete separation from the maternal womb' then"

he would not inherit and transmit successional rights to

his heirs. %he reason is that" he did not comply with the

re>uirement of Article )(. %he child here did not havejuridical capacity.

4uppose A and ! are married. %hey have a son +"

who is married to /" and they have a son *. A e&ecuted awill instituting +" but the latter predeceased his father" A.

* can inherit by right of representation.

2ote that no less than the +onstitution affords protection to

the unborn" when it says that the 4tate recognizes the

sanctity of the family and shall protect and strengthen the

family as a basic autonomous social institution. #t shall

e>ually protect the life of the mother and the life of the

unborn from conception. 8Art. ##" 4ec. (="

(B7; +onstitution:.

Article 40. -ivil personality is e)tinguished bydeath. (he effect of death upon the rights andobligations of the deceased is determined by law,by contract and by will. $20a&

%he cessation of life. %he ceasing to e&ist. 8hilip" 4leep L/eath" /ean" med. Jur." )(@:

Civil death defined.

+ivil death is the state of a person who" though possessing anatural life has lost all his civil rights" and as to them" is

considered as dead. A person convicted and attained of

felony and sentenced to the state prison for life is" in the

state of 2ew 6ork" in conse>uence of the act of =Bth of

March" (;BB" and by virtues of the conviction and sentence


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of imprisonment for life" to be considered as civilly dead.

8latner vs. 4herwood" 5 Johns" +h. 2.6.I ((7: .

%he law refers to physical death and not presumed death. #ncase of presumed death" the person is merely presumed dead

because of his absence. !ut in case of reappearance" he can

recover his properties or the price thereof if they have been

distributed.

Article 42. f there is a doubt, as between two ormore persons who are called to succeed eachother, as to which of them died first, whoeveralleges the death of one prior to the other, shallprove the same6 in the absence of proof, it ispresumed that they died at the same time andthere shall be no transmission of rights from oneto the other. $22&

Illustration:A and !" father and son" died on the same day but

the e&act hours of their death cannot be ascertained. %hen"

it is presumed that they died at the same time and thereshall be no transmission of rights" one in favor of another.

However" if it can be established that A died ahead of

!" then" ! can inherit from A" but since he is already dead"

his heirs can represent him. %here is a similar presumption

in Rule (@(" 4ection @" paragraph 8jj: of the Rules of +ourt"

which provides? D%hat e&cept for purposes of succession

when two persons perish in the same calamity" such as

wreck" battle" or conflagration" and it is not shown who died

first" and there are no particular circumstances from which it

can be inferred" the survivorship is determined from theprobabilities resulting from the strength and age of the

se&es" according to the following rules?

(: #f both were under the age of (9 years" the older is

presumed to have survived'

=: #f both were above the age of 5" the younger is deemed

to have survived'

@: #f one is under (9 and the other above 5" the former is

deemed to have survived'): #f both be over (9 and under 5" and the se& be different"

the male is deemed to have survived' if the se& be the same"

the older'

9: #f one be under (9 or over 5" and the other between

those ages" the latter is deemed to have survived.E

Article 44. (he following are juridical persons1& (he :tate and its political subdivisions60& @ther corporations, institutions and entities forpublic interest or purpose, created by law6 theirpersonality begins as soon as they have beenconstituted according to law62& -orporations, partnerships and associations forprivate interest or purpose to which the law grantsa juridical personality, separate and distinct fromthat of each shareholder, partner or member. $25a&

Article 45. =uridical persons mentioned in os. 1

and 0 of the preceding article are governed by thelaws creating or recogniing them. Privatecorporations are regulated by laws of generalapplication on the subject.Partnerships and associations for private interestor purpose are governed by the provisions of this-ode concerning partnerships. $2! and 2'a&

%he law states the laws that govern juridical persons. %he

4tate is governed by the +onstitution. -ocal governmentunits like provinces" cities and municipalities are governedby the -ocal Fovernment +ode as well as the charters

creating them. rivate corporations or partnerships are

governed by the +orporation +ode and the +ivil +ode.

sta. maria explaination

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