Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
TO
LAW
By
ROLANDO A~REZ
LL.B., San Beda College
Founding and Managing Partner,
Suarez, Paredes, Zamora & Suarez Law Offices;
Law Practitioner and Professar of Law
Author: Principles, Comments and Cases in Constitutional Law I;
Principles, Comments' and Cases in Constitutional Law II;
Agrarian Reform and Social Legislation;
Comparative Study: Roman Law and Philippine Law, First
and Second Editions; Introduction to Law, First, Second
and Third Editions; Notes and Coniments, Proclamation No.3
and The Provisional Constitution of the Philippines;
Agrarian Reforrri,- Co~peratives and Taxation;
A Mile to Go {or Genuin:I;and Reform in the Philippines;
Statutory Construction; Torts and Damages
FOURTH EDITION
t.IPHR
RECEIVEQ -u
.
8
~ ~
fJATf
'
l\,
TABLE OF CONTENTS
>
<l.
..
Chapterr
111
v
vii
) ,
''j
l
2
4
Chapter II
.1',
'
'~
6
.:7
.7
9
14
14
.14
'
Chap.ter III
LAW AND ITS APPI,.ICATION
Court's duty to decide every case .; .... :..................................
Application of laws ........... .................... .................................
Statutory construction, its c~ncept, purpose, and effect ...
Construction distinguished from interpretation .................
Meaning of the rule: "One must iilterpret first before
he construes" :... ;.. ;.. ;:......................................... ;......... :.....
Intrinsic aids distinguished from: extrinsic aids ................
Purpose of interpretation and coristruction ... i.: .. ;...............
ix
16
17
17
17
18
18
18
,T ..........................
ChapterVI
18
19
19
20
24
ChapteriV
THE LEGAL PROFESSION AND
THE QUALIFICATIONS AND PROCEDURE
FOR ADMISSION TO THE
PRACTICE OF LAW
Qualificaton for admission to the practice of law ............. .
First requirement .................................................................. .
Second requirement .............................................................. .
Purpose of imposing said requirements .............................. .
Procedure for admission to the practice of law .................. .
Consequence of failure to pass said examination .............. .
Practice of law is more of a privilege than a right ............ .
Practice of law is a profession and not a business ............ .
The duties of a lawyer .......................................................... .
Lawyer's compellsation .......... :.............................................. .
Disciplinary power over attorneys ....................................... .
Integrated Bar of the Philippines .................................. ,.... ..
Integration of the bar defined ............................................... .
Legal an d constitutional basis ............................................ ..
Supporting arguments in support of constitutionality
and legality ................................ ;.................................. .
26
26
27
28
28
29
29
30
31
31
32
33
33
33
33
chapterV
PERSONS
Concept of a person ............................. ,................. ;.............. ..
Capacity ................................................................................. .
When does the personality of a natural person begin? .... ..
When does the personality of a private corporation
(private juridical person) begin? ................................ ..
When is a fetus considered horn? ........................................ .
x
35
36
37
38
38
42
42
43
44
45
46
47
47
47
48
48
48
50
50
55
56
57
57
58
58
58
58
59
. 59
60
60
60
61
61
~:~~~reg::q~!xa:~i::;:ri;;b;
gratuit~ title? ............................................................ .
What is a mamage settlement? .......................................... .
Who are the parties to a marriage settlement? .................
Systems that may be adopted by the parties to
govern their property relations ................................... .
What systems govern? .......................................................... .
In the absence of marriage settlement, or when
the agreed regime is void, what governs the
property relations between husband and wife? ......... .
Concept of donation propter nuptias ................................... .
Requisites of donation propter nuptias ............................... .
Distinctions between donation propter nuptias
and ordinary donation .................................................. .
Rights and Obligations Between Husband and Wife
Common to husband and wife ..................................... .
To livc together .....................................: ................................ .
Wife may establish a separate domicile .............................. .
Other consequences of marriage .......................................... .
xii
ChapterVII
62
62
62
63
THEFAMILY
Family defined .. .. .... .. .. .. ... .. .. ..... ... ..... .. .... .. ... .. ... .. ... .. ... ... .........
Family suits are discouraged .... ... .. .. .. .. ... .......... ..... ... .. .. .. ......
Family home defined .............................................................
Advantages of a family home................................................
74
74
74
75
Chapter VIII
63
63
64
64
65
65
66
66
66
66
66
67
67
67
68
68
68
69
69
70
70
70
71
72
72
73
PROPERTY
Property defined .....................................................................
Principal classification of property .. .. ... .. .......... ..... ....... ........
Classification of real or immovable properties.. ..... .. .... ..... ..
Movable or personal properties ... .. .. ........ .. .. .. .... .. .................
Definition an d concept of ownership ... ... .... .. ... .... .. ........... .. ..
Extent of ownership ... .. .. .. ... .. ... ....... .. .. ... ... .. .. ...... .. ..... .... ........
Ownership of a hidden treasure ...........................................
Definition of hidden treasure ... ... .. .. .. .. .... .. .. .. ... ...... ....... .. ......
Modes of acquiring ownership ... ..... .... .. .... .. .. .. .... .. ... .. ...........
Attributes of ownership .........................................................
Important articles of the New Civil Code on
ownership an d possession .. ....... .. ... .. ....... ......... .. .. .... .. ...
Effects of possession ..... .. ... ....... .. ..... .. .. ... ... .... ... ... ..... .... ... ......
76
77
77
79
79
80
81
82
82
84
85
87
Chapter IX
90
91
91
92
98
99
99
99
100
100
100
101
101
101
102
102
102
102
103
103
104
104
104
106
ChapterX
SPECIAL CONTRACTS
Sale .......................: ................................................................ .
Agency .................................................................................... .
Partnership ............................................................................ .
Loan ........................................................................................ .
Pledge an d mortgage ............................................................ .
Antichresis .................... ~ ........................................................ .
Common carriers .................................................................... .
110
114
119
121
123
124
125
134
135
135
135
136
ChapterXII
TORTS AND DAMAGES '
Definition of a quasi-delict ................................................... .
Requisites of a quasi-delict .................................................. .
Quasi-delict is a civil wrong ................................................. .
The act or omission must be without intent
to cause damage ........................................................... .
If there is no intention to cause damage ............................ .
Distinctions ............................................................................ .
What is negligence? .............................................................. .
What is the test to determine negligence? ......................... .
Degree of care of negligence that is required ..................... .
What are the defenses that can be interposed
in quasi-delict? .............................................................. .
Old cases ............................................................................... .
New cases ............................................................................... .
138
139
139
139
139
140
140
142
142
143
144
148
Chapter XIII
POLITICAL LAW AND THE CONSTITUTION
OF THE REPUBLIC OF THE PHILIPPINES
ChapterXI
SUCCESSION
Conce pt and definition of succession ................................... .
What inheritance includes ................................................... .
Kinds of succession ............................................................... .
What is a will? ....................................................................... .
Characteristics of a will ........................................................ .
Wl.o can make a will? ........................................................... .
When is a person of sound mind? ........................................ .
Wills allowed under the New Civil Code ............................ .
Requisites of a valid will ..................................................... ..
Actual example of an attestation clause ............................. .
Actual example of attestation clause where testator
caused some other perso n to write his name ............. .
xiv
129
129
130
130
130
131
131
131
131
133
133
Definition ............................................................................... .
Constitution ........................................................................... .
Basic ptiriciples of the Constitution .................................... .
Classifications of the Constitution and its definitions ...... .
The 1987 Constitution may be changed ............................. .
Due Process of Law .............................................................. ..
Procedura! Due Process in Administrative Proceedings .. ..
Search an d Seizure ............................................................... .
Privacy of Communication and Correspondence ................ .
Freedom of Speech and of the Press ................................... .
Freedom of Re ligion .............................................................. .
Liberty of a bo de and Travel ................................................. .
Right to Information ............................................................. .
Right of Association .............................................................. .
Taking of Private Property for Public U se ......................... .
xv
163
165
165
166
171
173
178
179
179
180
181
182
182
184
185
186
188
190
191
192
193
194
195
196
196
196
197
198
200
200
200
200
202
202
202
206
206
206
207
207
208
208
CbapterXIV
CRIMINAL LAW
213
213
213
213
214
214
215
215
215
219
219
220
220
221
227
CbapterXV
REMEDIAL LAW
Attachment ............................................................................ .
Preliminary Injunction ......................................................... .
Grounds of issuance of Preliminary Injunction ................ ..
Receivership ........................................................................... .
When to appoint a receiver? ............................................... ..
Replevin ................................................................................. .
Alimony Pendente Lite ........................................................ ..
Special Civil Action .............................................................. ..
Special Proceedings ............................................................... .
Criminal Procedure ............................................................... .
Evidence ................................................................................. .
2G8
208
xvii
234
234
234
235
235
235
236
236
240
260
271
ChapterXVI
LABOR LAW AND SOCIAL LEGISLATION
Labor laws de fin ed ................................................................ .
Social legislation defined ...................................................... .
Distinction Between Labor Laws and Social Legislation .. .
Labor Laws ............................................................................ .
Generai Provisions of the Labor Code of the Philippines ..
Emancipation of tenants ...................................................... .
Regulation of recruitment an d placement activities ......... .
Employment of non-resident aliens ..................................... .
Conditions of employment .................................................... .
National Labor Relations Commission (NLRC) ................. .
U nfair labor practices ........................................................... .
Strikes and lockouts ............................................................. .
Termination of employment ................................................. .
Retirement from the service ................................................ .
Thirteenth-month pay .......................................................... .
New Social Security Law (SSS) ........................................... .
New Government Service Insurance Act (GSIS) ................ .
Comprehensive Agrarian Reform Law ................................ .
276
277
277
277
277
278
279
280
281
288
290
293
296
299
299
301
306
308
Chapter l
LAW, ITS CONCEPT ANO CLASSIFICATION
IMPORTANT TOPICS IN TIDS CHAPTER:
l.
Definiton of law
2.
Classification of law
(a)
(b)
3.
Natural Law
Positive Law
Sources of Law
(a)
(b)
(c)
(d)
Legislation
Preceden t
Custom
Court Decision
DISCUSSION
1.
DEFINITION OF LAW
The term "law," in its broadest sense, means any rule of action
or norm of conduct applicable .to all kinds of action and to all objects
of creation. In this sense therefore, it includes all Iaws, whether
they refer to state Iaw, physicai Iaw, divine Iaw and others.
In a strict legai sense, Iaw is defined as a ruie of conduct, just
and obligatory, Iaid down by legitimate authority for common
observance and benefit. (Sanchez Roman, 23) Based on this
definition, Iaw has the following elements:
l.
xviii
INTRODUCTION TO LAW
2.
Divine Law
3.
Public Law
4.
5.
2.
B.
CLASSIFICATION OF LAW
POSITIVE LAW
~ 1
INTRODUCTION TO LAW
SOURCES OF LAW
ali cases involving the same question until the same is overruled
or reversed by a superior court. In the Philippines, this doctrine of
stare decisis is not applied and recognized in the same manner that
it is applied and recognized in common law countries. However,
our New Civil Code provides as follows: "x x x Judicial decisions
applying or interpreting the laws or the Constitution shall form a
part of the legai system of the Philippines. x x x" (Article 8, New
Civil Code)
(c) . CUSTOM - Customs have the force of law only when
they are acknowledged and approved by society through long and
uninterrupted usage.
In the Philippines, there are severa! requisites before the court
considers custom. They are as follows:
a.
b.
c.
d.
e.
Chapter Il
WORLD'S LEGAL SYSTEM
(8) The Maritime Legai System; (9) The Q-reek Legai System; (10)
The Slavic Legai System; (11) The Roman Legai System; (12) The
Keltic Legai System; (13) The Japanese Legai System; and (14)
The Mohammedan Legai Syste;-.
Of the said systems, however, there are thr~e legai systems
that have exerted influence to our laws in the past several centuries
and which are stili continuously affecting our jurisprudence. The
three are: (l) Roman Law; (2) Anglican or Common Law; and (3)
Mohammedan Law. Of the three legai systems, Roman Law has
greatly influenced Philippine laws. It therefore deserves a more
extensive discussion.
l.
2.
Roman Law
2.
3.
4.
(a)
Introduction
(b)
(b.2)
(b.3)
5.
Common Law
6.
Mohammedan Law
7.
DISCUSSION
1.
3.
ROMAN LAW
Many law students often ask why Roman Law is stili included
in the law .curriculum and why it has been and stili is a three-unit
subject.
Our New Civil Code is basically Roman in origin. Numerous
maxims and legal principles stili found in law books are
continuously being used and cited by law professors and students
and even by law practitioners in their pleadings. It is worthwhile
to mention and to remember some of them, thus:
l. Ignorantia legis non excusat -
excuses no one;
2. Dura lex sed lex - The law may be harsh, but it is stili
the law;
3. Cessante ratione cessat ipsa lex - When the reason for
the law ceases, the law also ceases to exist;
INTRODUCTION TO LAW
4.
Land is always
20. .Nullum tempus occurit regi - Time runs not against the
sovereign.
Modern laws and concepts of persons and family relations,
paterna! authority, marriage, divorce, concubinage, legitimation,
emancipation, adoption, guardianship, property, avulsion, aliuvion,
traditio brevi manu, traditio longa manu, constitutum possessorum,
obligations and contracts, nominate and innominate contracts, sale,
lease, agency, pledge, deposits, wills and successions, quasi-delicts,
quasi-contracts, negotiorum gestio, solutio indebiti and many others
are Roman in origin. Notwithstanding the modifications and the
enormous improvements that have been made, the Philippines and
its citizens cannot remove the great influence that Roman Laws
INTRODUCTION
lO
INTRODUCTION TO LAW
11
12
INTRODUCTION TO LAW
13
14
INTRODUCTION TO LAW
COMMON LAW
Chapter 111
LAW ANO ITS APPLICATION
6.
MOHAMMEDAN LAW
The three legal systems have met and blended into one legal
system in the Philippines. Our New Civil Code is basically Roman
in origin. Our procedurallaws are still being observed by Filipino
Muslims insofar as they do not conflict with the generai laws of
the land.
15
INTRODUCTION TO LAW
16
DISCUSSION
1.
4.
5.
2.
3.
4.
5.
2.
17
APPLICATION OF LAWS
In applying the law, the court should discover the real intent
and purpose of the legislature. If that intent and purpose can be
discovered within the law, it is the duty of the court to carry out
that intention.
If the same cannot be discovered within the law, the court
shall be guided by extrinsic aids.
3.
Interpretations of Laws
It is the duty of the judge to apply the law without fear or
favor. In case of doubt in the interpretation or application of the
laws, it is presumed that the lawmaking body intended right and
justice to prevail. (Article 10, New Civil Code)
2.
3.
INTRODUCTION TO LAW
18
5.
When Necessary
It is necessary to interpret or construct when any of the
following reasons exists:
l.
When the language of the statute is ambiguous, doubtful
or obscure when taken in relation to a set of facts;
2.
19
21
INTRODUCTION TO LAW
No. 44747, August 28, 1985, restated the said rule in more elaborate
language. It said: "If the language of the law is clear and unequivocal, then read the law to mean exactly what it says. lf not, look
for the intention of the legislature."
20
What if the letter of the law conflicts with its spirit, which
prevails?
There are two schools of thought on this matter. In the case
of People vs. Sales, et al., f{R. No. 66469, July 29, 1986, Justice
Isagani Cruz articulated his thought on this matter. He said: "A
too literal reading of law is apt to constrict rather than fulfill" is
usually found not in the "letter that killeth but in the spirit that
vivifieth," which is not really evanescent or elusive. Judges must
look beyond and not be bound by the language of the law seeking
to discover by their own lights the reason and the rhyme for its.
enactment. That they may properly apply in accordance to its end,
they need and must use not only learning but also vision."
The thinking of Justice Isagani Cruz is more in line with
Artide lO of the Civil Code which says:
"In case of doubt in the interpretation or application of the
laws, it is presumed that the lawmaking body intended right and
justice to prevail." This is also the gist of the decisions of the
Supreme Court in the old cases ofTorres vs. Limhays, 56 Phil. 141,
De Coster vs. Olondriz and Esendero, 50 Phil. 725, and in the
celebrated case of Dominador Aytona vs. Andres Castillo, et al., L19313, January 19, 1962.
Former Chief Justice Ramon Aquino, on the other hand, finds
it risky to rely on the so-called "spirit of the law." He said: "It is
dangerous to rely on the so-called spirit of the law which we cannot
Sj;)e nor handle and about which we do not know very much."
/Nillanueva vs. Commission on Elections, G.R. No. 54718, December
4, 1985)
11. AIDS IN INTERPRETATION ANO CONSTRUCTION
l.
TITLE - That which expresses the subject matter of
the law. It can help in the construction of statutes but it is not
controlling and not entitled to much weight. (Commissioner of
Customs vs. Reluvia, G.R. No. L-118860, May 29, 1969)
2.
PREAMBLE - That part of the statute following the
title and preceding the enacting clause which states the reasons or
the objectives of the enactment (Ace Bus Transportation vs. South
Hudson Country Blood Bus Owners Association, 177 A. 360). It
cannot enlarge or confer powers, or cure inherent defects in the
statute. (People vs. Hon. A. Purisima, et al., G.R. Nos. L-42050-66,
November 30, 1978)
3. WORDS, PHRASES AND SENTENCES CONTEXTThe intention of the legislature must primarily be determined from
the language of the statute and such language consists of the words,
phrases and sentences used therein. The meaning of the law should,
however, be taken from the generai consideration of the act as a
whole and not from any single part, portion or section or from
isolated words and phrases, clauses or sentences used.
PUNCTUATION - It is an aid of low degree in
4.
interpreting the language of a statute and can never control against
the intelligible meaning of the written word. However, if the
punctuation of the statute gives it a meaning which is reasonable
and in apparent accord with the legislative will, it may be used as
an additional argument for adopting the literal meaning of the
words thus punctuated.
5.
HEADINGS AND MARGINAL NOTES - If the
meaning of the statute is clear or if the text of the statute is clear
they will prevail as against the headings, especially if the headings
have been prepared by compilers and not by the legislature.
LEGISLATIVE DEFINITION AND INTERPRE
6.
TATION - If the legislature has defined the words used in the
statute and has declared the construction to be placed thereon, such
definition or construction should be followed by the courts. The rules
are as follows:
(a)
INTRODUCTION TO LAW
22
(c)
(d)
new agrarian law is enacted today and few years from now, there
will arise the need to find out why such a law is enacted, the
conditions, the prevailing sentiment of the people, the policy of the
State, and the executive order issued by the Office ofthe President
preceding the legislative enactment will throw light upon the
intention ofthe legislature in enacting said law.'The same thing is
true if death sentence is imposed for drug pushers and for those
currently involved in the so-called "satanism" offenses. The
conditions of the times and the very destructive and heinous crimes
committed even in broad daylight, whether in the city or in the
provinces, will convince future interpreters of the law that such a
penalty is needed to protect society.
3. LEGISLATIVE HISTORY OF THE STATUTE- Such
history may be found in reports of legislative committees, in the
transcript of stenographic notes taken during a hearing, legislative
investigation, or legislative debates.
(a)
(b)
(c)
(d)
23
4.
CONTEMPORANEOUS AND PRACTICAL CONSTRUCTION - Those who lived at or near the time when the law
was passed were more acquainted with the conditions and the
reasons why that law was enacted. Their understanding and
application of the law, especially if the same has been continued
arid acquiesced by the judicial tribunals and the legai profession,
deserve to be considered by the courts.
24
INTRODUCTION TO LAW
(b)
(c)
(d)
Chapter IV
THE LEGAL PROFESSION ANO
THE QUALIFICATIONS ANO PROCEDURE
FOR ADMISSION TO THE PRACTICE OF LAW
Citizenship
(b)
Age
(c)
Residence
(d)
Educational qualification
(e)
(f)
Bar examinations
(g)
Oath
(h)
Attorney's roll
INTRODUCTION TO LAW
26
11.
d.2.5 History
d.2.6 Economics
e.
f.
DISCUSSION
1.
f.1
b.
c.
d.
Education Qualification
g.
3.
d.2.4 Spanish
(b)
d.2.2 Logic
d.2.3 English
27
4.
29
(c)
(d)
INTRODUCTION TO LAW
28
6.
7.
30
INTRODUCTION TO LAW
9.
31
LAWYER'S COMPENSATION
32
-,
INTRODUCTION TO LAW
33
34
INTRODUCTION TO LAW
Chapter V
PERSONS
l.
Concept of a person
2.
Capacity
3.
4.
5.
DISCUSSION
1.
CONCEPT OF A PERSON
PERSONS
INTRODUCTION TO LAW
36
P- rodigality
2.
l.
2.
3.
C - ivil Interdiction
Civil interdiction shall deprive the offender during the time
ofhis sentences ofthe rights ofparental authority, or guardianship,
either as to the person or property of any ward, or maritai authority,
of the right to manage his property and of the right to dispose of
such property by any act or any conveyance inter vivos. (Art. 34,
Revised Penal Code)
Artide 38 of the New Civil Code speaks of restrictions on
capacity to act, while Artide 39 speaks of circumstances which
modify or limit capacity to act. Said articles provide as follows:
'~t. 38. Minority, insanity or imbecility, the state ofbeing
a deaf-mute, prodigality and civil interdiction are mere
restrictions ol capacity to act, and do not ex:empt the
incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as
easement."
CAPACITY
state-of
Under the New Civil Code, a person has full or compi~ civil
capacity if he has juridical capacity and capacity to actduridical
capacity is the fitness to be the subject of legai relations. Capacity
to act is the power to do acts with legai effect.
CODE:MISPC
M ...,- inority
I - nsanity
37
3.
38
4.
INTRODUCTION TO LAW
QUESTION -
NOTE:
(l)
(2)
Chapter VI
l
2. Definition of marriage
3. Requisites of a valid marriage
4. Essential requisites
5. Effect of absence of essential requisites
6. Effect of absence of formai requisites
7. Effect of defects in any of the essential requisites
8. Effect of irregularity in the formai requisites
9. Requirements if any or both of the contracting parties
are between 18 and 21 years old and if any or both are
not emancipated by marriage
10. Requirement if any of the contracting parties is between
21 and 25 years old
11.
INTRODUCTION TO LAW
40
41
Introduction
Time constraint
(b)
(c)
(d)
Cooling-off period
Reconciliation
No legai separation on the basis of stipulation of
facts
41.
42.
Absolute community
(b)
(c)
Absolute separation
(d)
Dotal system
INTRODUCTION TO LAW
42
62.
43
Ordinary donation
3. A marriage ceremony
which takes piace with the appearance of the contracting parties before the solemnizing officer
and their personal declaration
that they take each other as
husband and wife in the presence
of not less than two witnesses of
legai age. (53a, 55a)
45
INTRODUCTION TO LAW
44
ESSENTIAL REQUISITES
"Art. 2. No marriage shall be valid, unless these essential
requisites are present:
Legal capacity of the contracting parties who must
be a male and a female;
(l)
(2) Consent freely given in the presence of the solemnizing officer." (Underscoring supplied)
FORMAL REQUISITES
"Art. 3. The forma! requisites of marriage are:
(l)
l.
2.
3.
(2)
(3)
l.
2.
3.
46
INTRODUCTION TO LAW
Absence of Any of
the Essential
or Formai
Requisites
Defects in Any
of the Essential
Requisites
Irregularity in the
Formai Requisites
It shall render
It shall render
It shall not affect
the marriage void ab the marriage void- the validity ofthe marinitio except as sta- able as provided in riage but the party or
ted in Artide 35(2). Artide 45.
parties responsible for
the irregularity shall be
civilly, criminally and
administratively liable.
Examples:
Examples:
Examples:
2.
47
3. Failure to comply
with the procedura!
requirements in
Artide 12.
4. Non-absence of the
3-month period as
provided in Artide
15.
NOTE:
l.
;:!',,
'
~'
INTRODUCTION TO LAW
48
2.
3.
4.
MARRIAGE LICENSE
Void marriage
49
Voidable marriage
is annulled. ,
INTRODUCTION TO LAW
50
(2)
(3)
(4)
(5)
(6)
51
2.
FACTS:
3.
4.
That the petitioner is not asking support for her and her
child;
52
INTRODUCTION TO LAW
5.
6.
ISSUE:
In his petition, the Solicitor Generai insists that "the Court of
Appeals made an erroneous and incorrect interpretation of the
phrase 'psychological incapacity' (as provided under Art. 36 of the
Family C'lde), and made an incorrect application thereofto the facts
ofthe case," adding that the appealed decision tended "to establish
in effect the most liberai divorce procedure in the world which is
anathema to our culture."
In denying the Solicitor General's appeal, the respondent Court
relied heavily on the trial court's findings "that the marriage
between the parties broke up because of their opposing and
conflicting personalities." Then it added its own opinion that "the
Civil Code Revision Committee (hereinafter referred to as the
Committee) intended to liberalize the application of our civil laws
on personal and family rights x x x." It concluded that:
"As a ground for annulment of marriage, we view
psychological incapacity as a broad range of mental and
behavioral conduct on the part of 'irreconcilable differences'
and 'conflicting personalities' in no wise constitutes psychological incapacity. It is not enough to prove that the parties
failed to meet their responsibilities and duties as married
persons; i t is essential that they must be shown to be incapable
of doing so, due to some psychological (not physical) illness."
53
COURT
Q-
Q-
2.
2.
54
INTRODUCTION TO LAW
3.
2.
3.
4.
5.
6.
7.
8.
9.
3.
4.
5.
6.
LEGAL CAPACITY
This means that the parties must have the necessry age and
that there must be no impediment caused by a prior existing
marriage or by a certain relationship, whether on account of affinity
or consanguinity.
2.
l.
55
RULES TO REMEMBER
.,.!
57
INTRODUCTION TO LAW
56
(3) Any contracting party between the age of21 and 25 shall
be obliged to ask their parents or guardian for advice, or if it be
unfavorable, the marriage license shall not be issued till after three
(3) months following the completion of the publication of the
application therefor. (Art. 15, Family Code)
(4) lf parental consent or parental advice is needed, there
mtist be a certificate that the contracting parties have undergone
marriage counselling. Failure to attach of marriage counselling shall
suspend the completion of the publication of the application. (Art.
16, Family Code)
(5) Marriage celebrated without the required license, except
when otherwise provided by law like marriage in articulo mortis,
shall be null and void. (Art. 35[3], Family Code)
o
INTRODUCTION TO LAW
58
LEGAL SEPARATION
INTRODUCTION
There are ten (10) grounds for legai separation under Artide
55 of the Family Code, to wit:
Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child of the
petitioner;
(l)
59
(6)
(2)
other.
INTRODUCTION TO LAW
60
Third: Reconciliation
"Art. 59. No legai separation may be decreed unless the
court has taken steps toward the reconciliation of the spouses
and is fully satisfied, despite such efforts, that reconciliation
is highly improbable."
WHAT IS ADULTERY?
Note:
l.
2.
61
WHAT IS CONCUBINAGE?
Art. 61 -
Art. 62 -
Art. 63 -
Art. 49 -
Art. 198 -
Art. 213 -
l~~
l.
Mter the filing of the petition for legai separation, the
spouses shall be entitled to live separately from each other.
62
INTRODUCTION TO LAW
l.
The spouses shall be entitled to live separately from each
other, but the maniage bonds shall not be severed.
63
INTRODUCTION TO LAW
64
(2)
(3)
(l)
(2)
(3)
(4)
(l)
(2)
65
ABSOLUTE DIVORCE
INTRODUCTION TO LAW
66
(2)
(3)
(4)
To live together;
(2)
(3)
The husband and the wife have a right to live together and
this includes cohabitation and sexual intercourse. With the
enactment of Republic Act No. 8353 otherwise known as Anti-Rape
Law of 1997, a husband may be held liable for the rape ofhis wife.
However, the subsequent forgiveness by the wife shall extinguish
the criminalliability except when the marriage is void ab initio.
MUTUAL RESPECT ANO FIOELITY
Mutuai respect simply means that each shall respect the other.
They can disagree or reprimand each other but it is unlawful for
them to inflict force or physical harm, EXCEPT when either of them
67
Husband do not marry his wife to make the latter his slave
and vice-versa. They should help and support each other within
their available resources and to see to it that they assist each other
in the rearing of their children for civie efficiency and development
of moral character.
Under Artide 11 of the Revised Penai Code, defense of the
spouse is a justifying circumstance provided the other requisites
therein are present.
HUSBANO'S RIGHT TO FIX RESIOENCE
2.
5.
INTRODUCTION TO LAW
68
(3)
D.
It depends. Ifthe future spouses are of age, they are the parties
to the marriage settlement. If one or both of the spouses are minors
(under 21), the parties are:
(l)
(2)
(3)
Family expenses are contributed by each spouse according to stipulation or in proportion to their respective
income.
Dotai System
(l)
(2)
(3)
(4)
A.
B.
C.
69
riage;
(2)
(3)
Absolute Community
(l)
(2)
(2)
(3)
(l)
(2)
Absolute Separation
INTRODUCTION TO LAW
70
(b) Ingratitude;
Frauds.
(l)
(2)
(3)
Art. 69. -
Ordinary Donation
Art. 70. -
Art. 72. -
Art. 73. -
Propter Nuptias
l. Acceptance is not required.
l. Acceptance is required.
2. The donor can give not more 2. The donor can give not more
than 1/5 (Art. 84) made by
than what he can give by
future spouse.
will.
3. It can include future prop-,3. It cannot include future
erty. (Art. 84)
property.
4. The donor must free the 4. The donor need not free the
property except from serviproperty unless the donation
tudes unless otherwise stiis onerous.
pulated.
5.
71
,5.
INTRODUCTION TO LAW
72
(2)
Art. 68. -
TO LIVE TOGETHER
73
THE FAMILY
75
Chapter VII
4.
THE FAMILY
(a)
(b)
home;
Family defined
2.
3.
4.
DISCUSSION
1.
FAMILY DEFINED
Art. 152 of the Family Code defines family home as: "The
dwelling house where a person and his family reside, and the land
on which it is situated."
74
ACC. NO.
b'
_,_
f~H R
tA\fJ liPRAR'I
PROPERTY
77
Chapter VIli
the possession of man. Things are those same objects before their
appropriation by man. The stars and the planets are included in
the concept of "things" but since they cannot be appropriated, they
cannot be considered property.
PROPERTY
2.
'
Under the New Civil Code, property may either be: (l) Immovable or real property; or (2) Movable or personal property.
3.
CODE: NIDA
(a) by nature
(b) by incorporation
(c) by destination or purpose
(d) by analogy
4. Movable or personal properties
N-ature
I-
D - estination
A- nalogy
l.
2.
:'~
DISCUSSION
1.
.~
PROPERTY DEFINED
~:
. -:
: :~(
::
76
ncorporation
c;;'_,.,,.~... ~
1.
~.
. . ., .. .'
t",H
i''IJt
:
r .,
'
t.::.!
1
(a)
(b)
(c)
PROPERTY
INTRODUCTION TO LAW
78
(d)
3.
(a)
(b)
(c)
4.
4.
(e)
l.
2.
3.
(d)
(a)
NOTE:
79
5.
l.
2.
3.
4.
2.
Right of way;
(b)
(c)
Easement of waters.
(b)
Police power; an d
INTRODUCTION TO LAW
80
(c)
3.
PROPERTY
Power of taxation.
ILLUSTRATIONS:
l.
2.
One can own a stereo and use it freely in his house but
it does not mean that he can use it in full volume at 2:00
a.m., to the detriment of his neighbors who are already
sleeping. This is based on the latin maxim Sic Utere Tuo
Ut Alienum Non Laedas. This maxim is expressed in a
similar vein in Article 431 of the New Civil Code which
says: "The owner of a thing cannot make use thereof in
such a manner as to injure the rights of third person."
3.
4.
5.
6.
EXTENT OF OWNERSHIP
81
Article 438 of the New Civil Cqde defines who is the owner of
a hidden treasure. lt says:
"Art. 438. Hidden treasure belongs to the owner of the
land, building, or other property on which it is found."
Nevertheless, when the discovery is made on the property
of another, or of the State or any of its subdivisions, and by
chance, one~half thereof shall be allowed to the finder. If the
finder is a trespasser, he shall not be entitled to any share of
the treasure.
If the things found be of interest to science or the arts,
the State may acquire them a t their just price, which shall be.
divided in conformity with the rule stated."
Simply stated, the law states three (3) instances or situations:
l.
2.
3.
82
INTRODUCTION TO LAW
PROPERTY
2a.l. Alluvion
2a.2. Avulsion
2a.3. Insula Nata
2a.4. Alveus Derelictus
8.
3. Prescriptio
DERIVATIVE MODES
Originai Modes
l. Occupation
l. Occupation
(b) N ew things
(c) Res Hostis
2. Accessio
2a. N atural Accessio continua
Succession
2. Donation
3. Prescription
4. Law
5.
NOTES:
2. Intellectual creation
(a) Copyrights on any literacy, dramatic, historical,
2b.l.l Inaedificatio
2b.1.2 Satio lmplantatio
2b.2
On personal property:
2b2.1 Commixtio
2b2.2 Confusio
2b2.3 Adjudicatio
2b2.4 Specificatio
Originai Modes
ROMANLAW
83
INTRODUCTION TO LAW
84
Accessio continua -
Accession by attachment or
PROPERTY
4.
5.
85
incorporation
l. l
465)
ARTIFICIAL
ON REAL PROPERTY:
l.
2.
ON PERSONAL PROPERTY:
2.
1O.
l.
2.
3.
4.
2.
3.
ATTRIBUTES OF OWNERSHIP
l.
2.
3.
ILLUSTRATION:
87
INTRODUCTION TO LAW
PROPERTY
idle and that is the reason why he planted tomatoes. One thing led
to another and they have an altercation. In the process, A lost his
temper and he pulled off the tomatoes and threw them away.
Simultaneously, A shouted at X and told him to leave his premises.
X threw the tomatoes back to the face of A and the latter countered
by slapping X on the face. Cooler heads intervened and thereafter,
X left the premises.
86
11.
EFFECTS OF POSSESSION
2.
3.
NOTES:
l.
2.
Chapter IX
GENERAL PRINCIPLES ABOUT
CONTRACTS ANO OBLIGATIONS
89
(i)
(j)
5. Concept of obligation
6. Sources of obligation
7. Nature and effects of obligations
8. Obligation of a person obliged to give something
Elements of a contract
11.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
l'
~:
':
88
INTRODUCTION TO LAW
90
DISCUSSION
When two (2) persons enter into a written agreement, the
terms and conditions they have agreed upon are stated therein.
They are bound by the said conditions (Art; 1308) and they should
therefore comply with the same in good faith. (Art. 1159) Hence, in
a contract of lease, the lessee is bound to pay the agreed rentals in
return for the use of the leased premises. The lessor, on the other
hand, has the right to demand the payment of the agreed rentals
on due date and during the effectivity of the lease. lf this is not
complied with by the lessee, the lessor. has the right to demand
that the lessee vacate the leased premises.
The observance of the conditions provided in a written
agreement is premised on the fact that prior to the act, they have
discussed the terms of the agreement and subsequently thereafter,
they have a meeting of the minds.
Hence, Artide 1305 of the New Civil Code defines a contract
as follows:
"Art. 1305. A contract is a meeting of minds between two
(2) persons whereby one binds himself, with respect to the
other, to give something orto render some service."
1.
ELEMENTS OF A CONTRACT
2.
91
3.
CAN THE CONTRACTING PARTIES AGREE ON ANY TERM
OR CONDITION?
CODE: CSC
l.
Essential elements
MORALS
(a)
C - onsent
(b)
S- ubject matter
(c)
C- onsideration
GOOD CUSTOMS
3.
INTRODUCTION TO LAW
92
PUBLIC ORDER
6.
PUBLIC POLICY
2.
3.
(b)
4.
(b)
(c)
The contract entered into by him must be subsequently ratified by the person he represents. (Art.
1317, NCC)
7.
8.
9.
10.
(a)
(b)
(a}
(c)
5.
93
EXPLANATIONS
J'U.f,P
94
INTRODUCTION TO LAW
As already
ed, a real contract is not perfected by mere
o~<,'-t\
,,..
uc,
Cf./\
ocv\:."j t.t
consent but b delivery.
-/
.J
~---~-----..
'iO'jl'
Formai con
must comply with a s ecial fo
-e'fu:t: i t
can be perfected. For instance, if X will donate
o Y in or~ e . ,
that the latter can build a chapel in said lot, the donation must be
~
in a public instrument.
vtw.W
(b)
THE CONTRACTING PARTIES ARE BOUNO BY THE CONTRACT THEY HAVE ENTEREO INTO (ART. 1318, NCC)
(e)
pa<>
Article 1317 does not state whether the person entering into
a contract in the name ofthe other is an agent. lt merely says: "No
one may contract in the name of another without being authorized
by the latter, or unless he.has by law a right to represent him."
Assuming however, that the one entering into a said contract
is an agent acting for and in behalf of a certain principal, then the
following rules shall apply:
(d)
If before the delivery of the car, A dies, and it turns out that
the car sold by A to B is a car stolen by A from Y, the real owner, B
cannot compel the son of A to deliver the car for even during the
lifetime of A, he has clearly no right of ownership and possession.
The son of A, even if he likes to deliver the car to B, cannot do so
for he has equally no right whatsoever to the car.
95
(f)
l.
2.
3.
4.
c'('-'
hf)
fo<M
INTRODUCTION TO LAW
96
(g)
/Jr-
l/l~
'J,.t!N
b &~c
GENERAL PRINCIPLES ABOUT CONTRACTS AND OBLIGATIONS
97
(e)
(f)
3.
Those where both parties are incapable of giving
consent to a contract.
A form may be important for convenience. Hence, Article 1358
ofthe New Civil Code provides as follows:
l~l
l.
Those entered into the name of another person by
one who has been given. no authority or legai representation,
or who has acted beyond his powers;
l.
Acts and contracts which have for their object the
creation, transmission, modification or extinguishment of real
rights over immovable property; sales of real property or of
an interest therein are governed by Articles 1403, No. 2, and
1405;
2.
Those that.d not comply with the Statute ofFrauds
as set forth in this number. In the following cases, an
agreement hereafter made shall be unenforceable by action,
unless the same, or some note or memorandum thereof, be in
writing, and subscribed by the party charged, or by his agent;
evidence, therefore, f the agreement cannot be received
without the writing, or a secondary evidence of its contents:
(a)
(b)
(c)
(d)
2.
The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership cf gains;
The power to administer property, or any other
3.
power which has for its object an act appearing or which
shouid appear in a public document, or should prejudice a third
person;
4.
The cession of actions or rights proceeding from an
act appearing in a public document.
Ali other contracts where the amount involved exceeds five
hundred pesos (P500.00) must appear in writing, even a private
one. But sales of goods, chattels, or things in action are governed
by Articles 1403, No.2 and 1405.
(i)
INTRODUCTION TO LAW
98
O)
When the terms and conditions are clear and they leave no
doubt as to the intention of the contracting parties, the literal
m!;)aning of the stipulations shall contro!. The evident intention of
the parties prevails over the wordings of the contract. In order to
judge this intention, the contemporaneous and subsequent acts of
the parties shall be principally considered. (Art. 1314, NCC)
6.
99
SOURCES OF OBLIGATION
Obligation may arise from: (l) law; (2) contracts; (3) quasicontracts; (4) acts or omissions punished by law; and (5) quasidelicts. (Art. 1157, NCC)
5.
CONCEPT OF OBLIGATION
cia8-~illedohHgtion8~
7.
8.
l.
2.
100
INTRODUCTION TO LAW
3.
NOTES:
l.
2.
3.
9.
When the nature of the obligation requires the assumption of risk. (Art. 1174, NCC)
EXAMPLE:
l.
'
2.
12.
EFFECT OF OBLIGATION
101
13.
l.
2.
2.
14.
2.
3.
4.
102
INTRODUCTION TO LAW
3.
Moral damages
2.
Exemplary damages
3.
Actual damages
4.
Liquidated damages
5.
Temperate
6.
Nominai
18.
l.
2.
3.
2.
103
20.
l.
2.
3.
<l
DISTINCTIONS
CULPA
CONTRACTUAL
(a) There is a pre- (a) There is no p re-~ (a) There is a pre-existexisting obligation.
ing obligation.
existing obligation
(a contract, either
expressed or implied)
(b) Preponderance l(b) Preponderance of,(b) The crime m.ust be
of evidence is
evidence is needed.
proven beyond rearequired.
sonable doubt.
(c) Defense of a good (c) Defense of a good (c) This defense cannot
father of a family
father of a family in
be interposed. If the
in the selection
the selection of the
employee is insoland supervision of
employees is a provent or incapable to
employees is not
per defense of the
pay the civil aspect
proper and comemployer.
or liability, the emplete defense but
ployer is subsidiarthis can mitigate
ily liable.
liability for damages.
(d) The existence of a (d) The negligence ofl(d)
contract must be
the defendant must
proved. If it is
be proven.
proved and it is
also proven that
the contract was
not complied with,
it is presumed
that the debtor is
at fault.
The innocence of
the accused is presumed until the
contrary is proved.
104
21.
INTRODUCTION TO LAW
. (b) I will give you my car today but if you fail in the
22.
l.
2.
3.
KINDS OF OBLIGATION
l.
2.
3.
4.
5.
23.
3.
EXAMPLE:
'!{~
ii
',f.
4.
2.
(a)
I will give a car to you if you pass the bar examinations in September 2003. In this example, the
condition is a suspensive one because the giving of
the car depends on the results of the examination
to be given in September 2003.
EXAMPLES:
EXAMPLE:
l.
105
r
!;
6.
i'
EXAMPLE:
:f!
106
INTRODUCTION TO LAW
7.
3.
4.
5.
By compensation;
6.
By novation.
EXAMPLE:
107
8.
EXTINGUISHMENT OF OBLIGATIONS
By payment or performance;
2.
Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription, are governed elsewhere in this Code.
SPECIAL CONTRACTS
Chapter X
(b)
l.
Definition
2.
3.
4.
Kinds of partnership
II.
III. PARTNERSHIP
SPECIAL CONTRACTS
I.
(a)
109
SALE
(a)
Generai partnership
(b)
Limited partnership
l.
(c)
Universal partnership
2.
(d)
Particular partnership
3.
5.
Kinds of partners
4.
6.
Definition
5.
6.
7.
Iv.
AGENCY
LOAN
l.
Definition
2.
Kinds of loan
3.
l.
Definition
2.
l.
Definition
3.
2.
3.
4.
4.
5.
6.
7.
8.
V.
:~'
.)
108
VI. ANTICHRESIS
l.
Definition
2.
3.
4.
Basic principles
INTRODUCTION TO LAW
110
SPECIAL CONTRACTS
Definition
2.
3.
4.
5.
DISCUSSION
The author has chosen to cover only the contracts discussed
in this chapter on account of their usefulness and importance in
day-to-day life. Everyday, contracts of sale, agency, partnership,
loan, pledge, mortgage and transportation are usually heard and
encountered not only by lawyers but also by laymen. 1t is therefore
important for a beginner in the study of law to have a basic and
working knowledge of the above-mentioned contracts by way of
preparing them to a deeper and more det:iiled study of law.
I. SALE
1.
CODE: C-S-C
C- onsent
S - ubject matter
C-ause
3.
111
l.
2.
3.
SPECIAL CONTRACTS
INTRODUCTION TO LAW
112
EXAMPLES:
An agreement that by its terms is not to be performed within a year from the making thereof;
(b)
(c)
(d)
(e)
(f)
3.
Those where both parties are incapable of giving
consent to a contract.
l.
When A sells his car to B and they are facing each other
when B agreed to pay PlO,OOO.OO, the price asked by A,
the contract of sale is perfected from the moment A
accepted the offer of B unconditionally..
2.
3.
4.
113
l.
2.
3.
INTRODUCTION TO LAW
114
6.
SPECIAL CONTRACTS
2.
l.
2.
3.
4.
5.
7.
l.
2.
2.
(a)
(b)
II. AGENCY
1.
115
DEFINITION
4.
(a)
(b)
INTRODUCTION TO LAW
116
2.
3.
(a)
(b)
(c)
(d)
S.
SPECIAL CONTRACTS
6.
117
Art. 1886.
Art. 1887.
Art. 1888.
Art. 1889.
Art. 1891.
CODE: CARI
C- omply
A- dvance
R- eimburse
I - ndemnify
Art. 1910.
Art. 1912.
Art. 1881.
Art. 1912.
Art. 1884.
Art. 1913.
7.
119
(b)
(c)
l.
8.
SPECIAL CONTRACTS
INTRODUCTION TO LAW
118
2.
3.
4.
Art. 1916. When two persons contract with regard to the same
thing, one with the agent and the other with the principai, and the
two contracts are incompatibie with each other, that of prior date
shall be preferred, without prejudice to the provisions of Art. 1544.
Art. 1544. Ifthe same thing shouid have been soid todifferent
vendees, the ownership shall be transferred to the person who may
have first taken possession thereof in good faith, if it shouid be
movabie property.
CODE:RPO
III. PARTNERSHIP
1.
DEFINITION
2.
3.
4.
5.
PREFERENCE:
l.
IF PROPERTY IS MOVABLE
(a)
2.
IF PROPERTY IS IMMOVABLE
(a)
3.
120
INTRODUCTION TO LAW
4.
SPECIAL CONTRACTS
5.
KINDS OF PARTNERS
A person may be a managing partner, silent partner, liquidating partner or a secret partner insofar as participation in the
partnership is concerned.
6.
KINDS OF PARTNERSHIP
DEFINITION
l.
Capitalist Partner -
2.
Industriai Partner -
3.
Generai Partner
4.
Limited Partner
5.
Secret Partner
6.
Silent Partner
7.
(b)
Universal partnership of all present property - A partnership of ali present property is that in which the
partners contribute ali the property which actualiy
beiongs to them to a common fund, with the intention of
dividing the same among themseives, as weli as ali the
profits which they may acquire therewith. (Art. 1779, 1st
par., NCC)
Universal partnership of all profits- Comprises ali that
the partners may acquire by their industry or work
during the existence of the partnership. (Art. 1779, 2nd
par., NCC)
121
Iv. LOAN
1.
DEFINITION
SPECIAL CONTRACTS
INTRODUCTION TO LAW
122
same for a certain time and return it, in which case the contract is
called a commodatum; or money or other consumable thing, upon
the condition that the same amount of the same kind and quality
shall be paid, in which case the contract is simply called a loan or
mutuum.
123
(b)
(c)
(d)
(e)
KINDS OF LOAN
l.
2.
3.
DISTINCTIONS
l.
2.
COMMODATUM
DEFINITION
(a)
Essentially gratuitous.
(b)
(c)
2.
(d)
(e)
MUTUUM
(a)
l.
2.
124
SPECIAL CONTRACTS
INTRODUCTION TO LAW
3.
2.
DISTINCTIONS
PLEDGES
3.
DISTINCTIONS
personal property.
PLEDGE
the property.
Constituted in immovables.
ANTICHRESIS
MORTGAGE
the fruits.
4.
BASIC PRINCIPLES
l.
2.
3.
Constituted on movables.
obligation.
1.
1.
DEFINITION
l
l
!~
CHATTEL MORTGAGE
l.
immovable property.
DISTINCTIONS
DISTINCTIONS
REAL MORTGAGE
l.
3.
3. N ot valid against third per- 3. N ot valid against third persons unless a description of
sons i~ not registered. (Art.
2125)
the thing pledged appear in
a public instrument. (Art.
2096, NCC)
4.
ANTICHRESIS
REAL MORTGAGE
l.
12l'l
DEFINITION
126
SPECIAL CONTRACTS
INTRODUCTION TO LAW
COMMON CARRIER
2.
PRIVATE CARRIER
4.
2.
2.
3.
4.
5.
pac~ing
5.
127
or
SUCCESSION
129
DISCUSSION
1.
Chapter Xl
SUCCESSION
4. What is a will?
5. Characteristics of a will
Article 774 of the New Civil Code defines succession as: ~ '
mode of aquisitibn by virtue< of which the property, rights and
obligationst th exterit ortll,eValue. of the inheritan.~ of a. p&rson
a:re''tra:rlsmittei:fthtug:fi hisdeath to another or othetse'ith~r~~by
his will or by operation of law.."
!l,
l
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128
!J!
2.
The inheritance includes ali the property, rights and obligations of a person which are not extinguished by his death. (Art.
776, NCC) In other words, all property and transmissible rights
and obligations existing at the time of the death of a person,
including accession or those accruing therefrom, are included in
the inheritance of a person. (Art. 781, NCC)
130
SUCCESSION
INTRODUCTION TO LAW
t.~
3.
4.
KINDS OF SUCCESSION
l.
~stamentarySuccession
2.
Legai or Intestate
3.
>Mixed Succession
Succe~sion
(a)
(b)
Legal or. Intestate Succession - Succession prescribed by operation of law and which takes piace if
a person dies without a will, or he has a will but
the same is void or has subsequently lost its validity.
(Art. 780, NCC)
131
'
6.
Ali persons who are not expressly prohibited by law can make
a will (Art. 796, NCC). It is essential, however, that the testator
must be of a sound mind at the time of the execution of the will
(See Art. 798, NCC) and at least 18 years of age or over.. (See Art.
797, NCC)
7.
;
~f
WHAT IS A WILL?
NCC)
8.
5.,
CHARACTERISTICS OF A WILL
l.
2.
3.
4.
5.
':!
:!
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2.
Holographic Will.
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132
133
SUCCESSION
INTRODUCTION TO LAW
3.
4.
5.
2.
6.
7.
ATTESTATION CLAUSE
b.
c.
11.
'~
(Name)
(Address)
(Name)
(Address)
(Name)
(Address)
ATTESTATION CLAUSE
This instrument consists of _ _ pages including this page,
was on this ___ day of
, 20_, in the Municipality
of
Province of
, announced and
published to us by the testator
to be his last will and
testament, and said testator caused Mr.
to writc
his name, under his express direction at the bottom of said
instrument and the left-hand margin of each and every page thereof,
in the presence of all of us, and we thereupon, at the testator's
request, have witnessed and signed the will and all pages thereof
in the presence of the testator and of each other.
134
SUCCESSION
INTRODUCTION TO LAW
(Name)
(Address)
(Name)
(Address)
(Name)
(Address)
Notary Public
Until December 31,20 _ _
2.
135
ACKNOWLEDGMENT
13.
) s.s.
(a)
of sound mind;
At the Municipality/City of
in said province, on
this
day of
, 20_, personaliy appeared
the Testator
, and his three (3) instrumental witnesses,
(b)
(c)
not blind;
to wit: ----------------------------'
and
, ali known to me to be the same persons
who executed and attested, respectively, the foregoing Last Will
and Testament, consisting of
(_) pages, including
this one on which this acknowledgment is written, and they ali
acknowledged to me that the Testator signed the will and every
page thereof on the left margin in the presence of the Testator and
of one another, that ali the pages of said will are numbered
correlatively in letters placed on the upper part of each page, and
that the attestation clause is in a language known to the
instrumental witnesses; they further acknowledged to me that the
said wili and attestation are their own free and voluntary act and
deed. The Community Tax Certificates of the said Testator and three
(3) instrumental witnesses were exhibited to me, to wit:
(d)
(e)
(O
must not have been convicted of falsification of a document, perjury or false testimony.
_____ No.
issued at
on
, 20 ___
_____ No.
issued at
on
, 20 ___
_____ No.
issued at
on
, 20 ___
_ _ _ _ No.
issued at
on
, 20 ___
136
INTRODUCTION TO LAW
IN CASE OF REVOCATION
By implication of law; or
2.
3.
Chapter Xli
TORTS ANO DAMAGES
2. Requisites of a quasi-delict
3. Quasi-delict is a civil wrong
4. The act or omission must be without intent to cause
damage
5. If there is no intention to cause damage
6. Distinctions
(a)
Culpa contractual
(b)
Culpa aquiliana
(c)
Culpa criminal
7. What is negligence?
8. What is the test to determine negligence?
9. Degree of care of negligence that is required
10. What are the defenses that can be interposed in quasidelict?
i'.
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(a)
(b)
Contributory negligence
137
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138
INTRODUCTION TO LAW
11.
2.
REQUISITES OF A QUASI-DELICT
(d)
(e)
Assumption of risk
(a)
(f)
Prescription
(b)
(g)
Force majeure
(c)
(h)
(d)
Old cases
(a)
(b)
3.
(c)
(d)
(a)
(b)
(c)
(d)
(e)
DISCUSSION
4.
!'
ih
DEFINITION OF A QUASI-DELICT
1.
139
5.
6.
INTRODUCTION TO LAW
140
DISTINCTIONS
CULPA
CONTRACTUAL
(a) There is a pre- (a) There is no p re-~ (a) There is no preexisting obligation.
existing obligation.
existing obligation
(express or implied).
(b) Preponderance of (b) Preponderance of (b) The crime must be
evidence is reevidence is needed.
proven beyond reaquired.
sonable doubt.
(c) Defense of a good (c) Defense of a good l(c)
father of a family in
father of a family
in the selection of
the selection of the
the employees is
employees is a pronot a proper and
per defense of the
complete defense
employer.
of the employer.
(d) The existence of a (d) The fault or negli- (d) The innocence of
gence of the dethe accused is precontract must be
fend~nt must be
sumed until the
proved. If it is also
contrary is proved.
proven that the
proven.
contract was not
complied with, it
is presumed that
the debtor is at
fault.
(e) Negligence is only (e) Negligence is direct, l(e) Negligence is direct,
substantive and insubstantive and inincidental to the
dependent.
dependent.
performance of an
existing obligation
based on a contract.
7.
WHAT IS NEGLIGENCE?
141
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f
142
INTRODUCTION TO LAW
(2)
(3)
The test is this: Would a prudent man (in his position) foresee
harm to the person injured as a reasonable consequence of the
course about to be pursued? If so, the law imposes a duty on the
actor to refrain from that course, or to take precaution against its
mischievous results, and the failure to do so constitutes negligence.
Reasonable foresight of harm, followed constitutive fact of
negligence. (Picart vs. Smith, 37 Phil. 809)
9.
143
(4) DEFENSE OF DUE DILIGENCE IN THE SELECTION AND SUPERVISION OF EMPLOYEES- This
is available as a defense only in culpa aquiliana but not
in the case of culpa contractual.
(5)
144
INTRODUCTION TO LAW
(7)
(8)
146
FACTS: As a result
a strong typhoon that hit Alcala,
Pangasinan on May 14, 1972, Banana plants near Alcala Electric
Plant fell on the electric wire which caused it to be cut. One end of
the wire was left hanging on the electric post and the other fell on
the ground under the fallen banana plants. Knowing this, the
Barangay Captain told an employee of the electric plant about it
.and asked him to fix it. Manuel Saynes, a boy living nearby, got in
contact with the live cut wire which led to his death. Fidel Saynes,
father of Manuel Saynes, filed an action for damages against
Teodoro Umali, owner and manager of the electric plant.
147
INTRODUCTION TO LAW
not have occurred if he observed the care and skill of one ordinarily
skilled in the particular work which he attempts to do. When a
person holds himself out as being competent to do things, he will
be held liable for negligence if he fails to exhibit the care and skill
of one ordinarily skilled in the particular work which he attempts
to do. The defendant was held liable for the value. of the vessel.
146
. Principle:
Principle:
HELD: The plaintiff may have assumed the risk from boarding
the car under a condition open to his view but it is not fair for him
to assume the risk that the motorman, knowing the existence of
such a situation, will increase his perii by accelerating his speed
before he is planted safely in the platform. Reasonable men give
their conduct by the circumstances which are before them or known
to them. The situation, as aforementioned, is known to the
motorman but he failed to take the precaution which is required of
u prudent and reasonable man in a given situation. The defendant
was held liable for damages.
INTRODUCTION TO LAW
148
12.
NEW CASES
149
ANTONIO'S NEGLIGENCE IS NOT MERELY CONTRIBUTORY BUT GOES TO THE VERY CAUSE OF THE OCCURRENCE OF THE ACCIDENT, AND WHICH PRECLUDES HIM
TO RECOVER DAMAGES.
Principle:
150
INTRODUCTION TO LAW
(2) 80% shall be paid by the driver and his employer who
shall be solidarily liable to A;
(3) The award of exemplary damages shall be borne
exclusively by the defendant Phoenix.
151
The last clear chance doctrine of the common law was imported
into our jurisdiction, but it is a matter of debate whether, to what
extent, it has found its way into the Civil Code of the Philippines.
The historical function of the doctrine in the common law was to
mitigate the harassness of another common law doctrine - that of
contributory negligence. (Phoenix Construction, !ne. vs. Intermediate
Appellate Court, Ibid.)
VERGARA VS. COURT OF APPEALS
G.R. NO. 77679, SEPTEMBER 30, 1987
Principle:
153
INTRODUCTION TO LAW
The real culprit is the passenger bus but there were no charges
that were filed. The court held that although A was not criminally
negligent, and therefore not held liable for a crime, there is enough
evidence to prove that A should hav exercised a little more caution
and discretion in reacting to the treat of a head-on collision. For
this reason, he was adjudged civilly liable for the hospital expenses
and unearned salaries of the victims.
152
Principle:
(l
1inidad, Calbayog
May God give you courage and strength to bear your loss,
our deepest sympathy to you and members of the family.
MINER & FLORY''
The condolence telegram was correctly transmitted as far as
the written text was concerned. However, the condolence message
as communicated and delivered to the addressee was typewritten
on a "HAPPY BIRTHDAY" card and placed inside a "CHRISTMASGRAM" envelope.
155
INTRODUCTION TO LAW
relatives, and associates who thought that the unpardonable mixup was a mockery of the death of the mother-in-law of the sender's
cousin. Thus, it was not unexpected that because of this unusual
incident, which caused much embarrassment and distress to
Timans, he suffered nervousness and hypertension resulting in his
confinement for three days at the hospital.
154
(l)
(2)
(3)
156
INTRODUCTION TO LAW
Chapter Xlii
POLITICAL LAW ANO THE CONSTITUTION
OF THE REPUBLIC OF THE PHILIPPINES
PARTI
BASIC PRINCIPLES ANO DEFINITIONS
Definition
(a)
Politica! Law
(b)
(c)
Administrative Law
(d)
Election Law
(e)
(f)
Constitution
(a)
2.
What is Constitution?
(b)
158
INTRODUCTION TO LAW
(c)
3.
(d)
(e)
3.
Simplification
(b)
Probable Cause
(b.l) Basis
(b.2) Requirements in determining the existence
of probable cause
Written or rigid
(b)
Conventional or cumulative
(c)
Rigid or flexible
4.
5.
159
(b)
PART 111
5.
BILL OF RIGHTS
2.
(b)
Person
(c)
Life
(d)
Liberty
(e)
Property
(f)
6.
(a)
(b)
(c)
(d)
Freedom of Religion
(a)
7.
(f.l)
Substantive
(f.2)
Procedura!
8.
Religion Defined
Right to Information
(a)
(f.2.a)
In administrative proceedings
(b)
Rationale of Section 7
(f.2.b)
In judicial proceedings
(c)
(d)
INTRODUCTION TO LAW
160
9.
Right of Association
(a)
10.
11.
12.
(c)
Problem
15.
16.
17.
Public Use
(b)
Just Compensation
(c)
(d)
18.
(b)
Points to remember
19.
(b)
Indigent party
(c)
14.
(b)
(a)
13.
20.
21.
(a)
Generai rule
(b)
(c)
Bail defined
(d)
Kinds or forms
Habeas Corpus
(a)
(b)
(b)
Similarity
Rationale of Sec. 17
(b)
Purpose
(c)
Applicability
(b)
(b)
Right to bail
22.
23.
161
bouble Jeopardy
(a)
(b)
/,
INTRODUCTION TO LAW
162
(b)
(d)
(c)
(e)
(f)
(d)
(e)
4. Procedure of impeachment
5. Who can file a complaint for impeachment?
6. Can an impeachment proceeding be initiated against the
same official more than once within a period of one (l)
year?
PART IV
THE FUNDAMENTAL ANO INHERENT POWERS
OF THE STATE
7. Who has the sole power and authority to decide ali cases
of impeachment?
8. What is the nature of the impeachment proceedings?
2.
163
(a)
Police Power
(b)
11.
(c)
Power of Taxation
DISCUSSION OF PART I
PARTY
I.
A.
l. What is impeachment?
(b)
treason
(c)
bribery
DEFINITION
'\i
POLITICAL LAW
INTRODUCTION TO LAW
164
B.
C.
ADMINISTRATIVE LAW
ELECTION LAW
F.
DISCUSSION OF PART II
165
CONSTITUTION
a.
What is Constitution?
2.
a.
INTRODUCTION TO LAW
166
d.
\.
1
(3) It is independent and co-equal with the other departments of government. (Cruz, Constitutional Law, pp. 14-15, 1998
Edition)
'
3.
Q - Classify Constitutions
A - A Constitution may be written or unwritten, conventional
or cumulative, and rigid or flexible
(a) A wdtten or rigid Constitution is one the provisions
of which have been reduced to writing and embodied in one or more
instruments at a particular time.
EXAMPLE: Philippine Constitution. An unwritten Constitution is one which has not been reduced to writing at any specific
time but it is the collective product of a graduai political development, consisting of unwritten usages and customary rules, judicial
decisions, dieta of statesmen, and legislative enactments of a
fundamental character written but scattered in various records
without having any compact form in writing. The three most
conspicuous historical instances of such constitutions are those of
Athens, Rome, and England. The latter is almost the sole example
of a progressive modern State retaining such a Constitution.
(Malcolm and Laurel, Phil. Constitutional Law, pp. 9-13)
167
168
169
INTRODUCTION TO LAW
The rule applies only with respect to the point actually decided
by the case. (Black, Const. Law, 44; Humphrey vs. U.S. 602)
2.
170
INTRODUCTION TO LAW
1.11!
,:
'
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Section 12(4). The law shall provide for penai and civil
sanctions for violations of this section as well as compensation
to and rehabilitation of victims of torture or similar practices
and their families."
c
i,,,
3.
CONSTITUTION OF SOVEREIGNTY: This contains
the provisions on how to amend or revise our Constitution and when
such amendment or revision is considered valid.
A - A good written Constitution must be broad, brief, and
definite.
Q - Define each.
A - l t must be broad because it must outline an organization
of government for the whole state and that unlike a statute, it is
intended not merely to meet existing conditions but also to govern
the future. While it is true that it will not govern the past, the
events that happened in the past, whether recent or too long ago,
are lessons that guide the framers of the Constitution on what they
think is appropriate to be written in the Constitution. One good
example of this is the new definition of judicial power which now
includes the duty to determine whether or not there has been a
grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the government
(1987 Constitution, Article VII, Section 1) which adds teeth to Article
VII, Section 18 of the 1987 Constitution, this is now referred to as
the expanded jurisdiction of the Supreme Court.
Likewise. the Supreme Court may now "review. in an
appropriate proceeding filed by any citizen. the sufficieny of the
2.
CONSTITUTION OF GOVERNMENT: This outlines
the organization of the government, enumerating its powers, laying
down certain rules relative to its administration, and defining the
electorate. Hence, the Constitution allocates unto the three branches
of government their respective powers, functions and responsibilities; specifies the constitutional bodies or commissiona as well
as their respective powers, functions and responsibilities; and
defines the accountability of public officers.
171
p.;
lr
lilt:
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INTRODUCTION TO LAW
172
l.
PROPOSAL - Proposal is the motion of initiating
suggestions or proposals on amendment or revision, which may
either
by:
be
(a)
173
(b)
A Constitutional Convention; or
(c)
tion?
Q- Who can propose amendments or revision ofthe ConstituA- Amendments or revisions may be proposed either by (l)
Congress or (2) by the Constitutional Convention.
2.
RATIFICATION - Ratification is the sovereign act
vested in the Filipino people either to reject or approve the proposals
to amend or revise the constitution. The ratificatory process is found
and outlined in Section 4, Article XVII of the Constitution.
wit:
(a)
(b)
By a Constitutional Convention.
(ii)
:~
il.
(b)
(c)
1.
a.
,1:
~~
t1
174
INTRODUCTION TO LAW
(2)
(3)
(4)
(2)
(3)
b.
PERSON
175
(2)
(3)
LIFE
INTRODUCTION TO LAW
176
LIBERTY
f.
177
~~
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PROPERTY
SUBSTANTIVE
The law must have been passed or approved to accomplish a valid governmental objective.
(b)
(c)
2.
PROCEDURAL
Property refers to things which are susceptible of appropriation, and which are already possessed and found in the
possession of man. (Castan, 8th ed., Part II, pp. 367-369)
It could either be immovable or real property, as enumerated
in Artide 415 of the Civil Code, or movable or personal property,
as enumerated in Artides 416 and 417 of the Civil Code. Ali those
properties, induding the right to own and possess the same, as
well as the right to acquire, or use it for any lawful purpose and by
any lawful means, the right to earn a living, the right to the fruits
INTRODUCTION TO LAW
178
2)
2.
3.
4.
The requirements of due process in administrative proceedings, as laid down in Ang Tibay vs. Court of Industriai Relations
(69 Phil. 635), are as follows.
l.
2.
3.
4.
5.
6.
7.
179
2.
No search warrant shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complaint and the
witnesses he may produce, and particularly describing the piace to
be searched and the persons or things to be seized.
(l)
(2)
180
INTRODUCTION TO LAW
EXAMPLE:
l.
2.
181
2.
3.
4.
5.
6.
7.
2.
3.
Freedom of petition
4.
Freedom of religion
5.
6.
l.
182
INTRODUCTION TO LAW
183
184
INTRODUCTION TO LAW
2.
1.
,{
1935
CONSTITUTION
Article III, Section
1(6)
1973
CONSTITUTION
Article IV, Section 7
1987
CONSTITUTION
Article III, Section 8
"T h e right t o
form. association or
societies for purposes
not contrary to law
shall not be abridged."
RIGHT OF ASSOCIATION
185
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2.
186
3.
INTRODUCTION TO LAW
3.
4.
1.
B.
'il
t:
WHAT 15 PROHIBITED?
A.
TERMS USED
Republic Act No. 7160, otherwise known as the Local Government Code, provides that the amount to be paid for the expropriated
property shall be determined by the proper court based on the fair
market value at the time of the taking of the property. The value
determined by the assessor may, however, be contested in court.
187
To uphold this right, the courts should move with the necessary
188
189
INTRODUCTION TO LAW
D.
POINT5 TO REMEMBER:
A.
2.
190
3.
INTRODUCTION TO LAW
-~
A.
191
must also explain the effects in practical terms. (People vs. Rojas,
147 SCRA 169[1987])
The police investigator should explain a meaningful
information rather than just a ceremonial and perfunctory recitation
of an abstract constitutional principle. (lbid~)
RIGHT TO BAIL
1.
SIMPLIFICATION OF SECTION 13
GENERAL RULE:
Before conviction, ali persons shali be available by sufficient
sureties.
Before conviction, ali persons shall be released on recognizance
as may be provided by law.
EXCEPTION:
The said rule shali not apply to those charged with offenses
punishable by reclusion perpetua when evidence of guilt is strong.
RIGHT TO COUNSEL
2.
The purpose of the right to counsel during custodia! investigation is to preclude the slightest coercion as would lead the
accused to admit something else. (People vs. Eranoria, 209 SCRA
577, June 8, 1992; People vs. Remollo, 227 SCRA 375, October 22,
1993)
C.
3.
BAIL DEFINED
,~
~
INTRODUCTION TO LAW
192
2.
3.
4.
l.
2.
3.
4.
5.
7.
HABEAS CORPUS
1.
SIMPLIFICATION
6.
193
2.
v-l
194
INTRODUCTION TO LAW
1.
i_,
SPEEDY DISPOSITION
OF CASES
l. The right to speedy trial is l. The right to speedy dispowhat provided under Artide
sition of cases is provided
IV, Section 14(2), of the 1935
under Artide IV, Section 16,
of the 1973 Constitution, and
Constitution.
now found likewise in Artide
III, Section 16, of the 1987
Constitution.
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2.
----
----
-----
------
---
--
----
RATIONALE OF SECTION 17
195
l.
2.
-------~--
SIMILARITY
3.
INTRODUCTION TO LAW
196
1.
2.
3.
1.
197
DOUBLE JEOPARDY
1.
2.
3.
4.
198
INTRODUCTION TO LAW
3.
199
l.
2.
2.
3.
Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed;
4.
5.
6.
2.
4.
2.
3.
4.
l.
2.
3.
PART IV
l.
1.
They are the following: (l) police power; (2) power of eminent
domain; and (3) power of taxation.
INTRODUCTION TO LAW
200
2.
A.
POLICE POWER
C.
POWER OF TAXATION
CODE: I - I - I - E-L
4.
)
'
201.
CODE: N- P - E - R
N - ature (As to nature of compensation)
P-
I -
I -
I-
AS TO WHAT IS REGULATED
INTRODUCTION TO LAW
202
Q - What is treason?
Q - What is impeachment?
A - It is ,.a m!;lthod of national inquest into the conduct of public
men. It is also referred to as an extraordinary process of
removal exercised by the legislature over a selected member
of officials.
Q - Who are the impeachable officials under the 1987
Constitution?
A - l.
President;
2.
Vice-President;
3.
4.
203
l
i
A-
l.
2.
Treason;
3.
a)
4.
b)
204
INTRODUCTION TO LAW
c)
d)
e)
f)
g)
h)
i)
~
l
Jl!
~'JIT
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i~
'li,,
.}
l
205
,1!,
j)
k)
EXAMPLE:
Inexcusable negligence of duty, tyrannical abuse of
authority, breach of official duty by malfeasance or,
misfeasance, cronyism, favoritism, obstruction of justice.
206
INTRODUCTION TO LAW
iJj
Q - What is the procedure of impeachment?
A- Section 3, Article 11 of the 1987 Constitution provides for the
procedure of impeachment. These are the foliowing rules:
l.
2.
;.1
w
!l!
1
.~ !i
The Senate has the sole power to try and decide ali cases
of impeachment case and "no person shali be convicted
without the concurrence oftwo-thirds of ali the members
of the Senate."
Q - Who has the sole power to try and decide ali cases of
impeachment?
f!
~l
207
A- Section 3(2), Article XI, states that "a verified complaint for
impeachment may be filed by (a) any Member of the House of
Representatives or (b) by any citizen upon a resolution of
endorsement by any Member thereof."
ft;
'.fii
Procedure:
l.
2.
3.
;:r
'l
2.
208
INTRODUCTION TO LAW
209
il
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if
lr
f!
,ir
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a.
b.
c.
2.
210
INTRODUCTION TO LAW
211
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CRIMINAL LAW
,i l
1
213
Chapter XIV
CRIMINAL LAW
.i'.l'
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(a)
Article 11
Justifying circumstances
(b)
Article 12
(c)
Article 13
Mitigating circumstances
(d)
Article 14
Aggravating circumstances
(e)
Article 15
Their concept
l. Historical background
(a)
(b)
8.
7.
Notes
Circumstances that modify or affect criminal
liability
(2)
(3)
(4)
Burden of proof
(5)
(6)
(7)
Mitigating circumstances
tfk
(8)
Aggravating circumstances
il
(9)
DISCUSSION
,~.
(l)
i!F
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'l;
l.
HISTORICAL BACKGROUND:
\,
Our revised Penai Code was based on the Spanish Penai Code
of 1870. lt is based on the classica! school of thought, as
distinguished from the positivist school of thought.
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CRIMINAL LAW
214
CRIMINAL LAW
INTRODUCTION TO LAW
l.
2.
3.
4.
(b)
(c)
(d)
(e)
2.
NOTES:
l.
l.
EXCEPTION:
215
2.
(a)
(b)
(c)
(d)
(e)
Self-defense;
216
INTRODUCTION TO LAW
CRIMINAL LAW
217
(jl
(b)
Defense of relatives;
(c)
Defense of strangers;
(d)
(e)
(f)
2.
jfj
3.
4.
Important distinction to remember- Ifthere is a circumstance justifying the act of the accused, he is exempt from both
civil and criminal liability. An exempting circumstance frees
the accused only from criminal liability but not from civil
liability.
Burden ofproof- IfA killed B and he admitted this with a
qualification that he was merely compelled to do it in the
course of defending himself, he has the burden to prove the
element of self-defense.
5.
Defendant must rely on the strength of his evidence In proving self-defense, the defendant must rely on the
strength of his own evidence and not on the weakness of the
prosecution; for even if it were weak, it could not be disbelieved
after the accused had admitted the killing.
6.
2.
Exempting Circumstances:
l.
NOTE:
"Article 101 of the Revised Penai Code provides as follows The exemption from criminai liability established in subdivisions
l, 2, 3, 5, and 6 of Article 12 and in subdivision 4 of Article 11 of
this Code does not include exemption from civiliiability, which shall
be enforced subject to the following rules:
First: In case of subdivisions l, 2, and 3 ofArticle 12 of civil
liability for acts committed by an imbecile or insane person, and
by a person under nine years of age, or by one over nine but under
fifteen years of age, who has acted without discernment, shall
devolve upon those having such person under their legal authority
or contro!, uniess it appears that there was no fault or negiigence
on their part.
Second: In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented shall be
civilly liable in proportion to the benefit which they may have
received.
218
7.
8.
9.
INTRODUCTION TO LAW
CRIMINAL LAW
(b)
Generic or Ordinary - The effect of generic aggravating circumstances is inherent in the crime, not
necessarily qualifying (i.e., Trespass in robbery with
force).
NOTE:
(c)
lO.
219
What should be alleged and proven -A generic aggravating circumstance may be proven during the triai even if it is
not alleged in the information and even if there is an objection
being raised by the defense. However, a qualifying circums/,W
;~l
:,
INTRODUCTION TO LAW
220
CRIMINAL LAW
221
l'
Il
Principais;
2.
Accomplices; and
3.
Accessories.
Principais;
2.
Accomplices.
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2.
3.
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3.
CODE:
l.
2.
Principai by inducement
3.
Principai by cooperation
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POINTS TO REMEMBER:
l.
2.
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CODE:
J - ustifying
E- xempting
5.
6.
M - itigating
A- ggravating
A-lternative
3.
4.
2.
223
CRIMINAL LAW
INTRODUCTION TO LAW
222
2.
3.
A person over nine (9) years of age and under fifteen (15),
unless she has acted with discernment, in which case,
such minor shall be proceeded against in accordance with
the provisions of Artide 80 of this Code.
When such minor is adjudged to be criminally
irresponsible, the court, in conformity with the provisions
of this and the preceding paragraph, shall commit him
to the care and custody of his family who shall be charged
with his surveillance and education; otherwise, he shall
be committed to the care of some institution or person
mentioned in said Artide 80.
4.
5.
6.
Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7.
2.
10.
mitigating circumstances:
l.
225
CRIMINAL LAW
INTRODUCTION TO LAW
224
3.
4.
5.
6.
7.
8.
l.
2.
3.
4.
5.
6.
7.
8.
CRIMINAL LAW
INTRODUCTION TO LAW
226
9.
10.
11.
12.
14.
15.
17.
18.
19.
20.
13.
16.
21.
227
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has
committed a felony in a state of intoxication, if the same is not
habitual or subsequent to the pian to commit said felony; but when
the intoxication is habitual or intentional, it shall be considered as
an aggravating circumstance.
!t.
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228
INTRODUCTION TO LAW
Chapter XV
REMEDIAL LAW
IMPORTANT TOPICS IN TWS CHAPTER:
l.
2.
3.
4.
Civil Procedure
(b)
Provisional Remedies
(c)
(d)
Criminal Procedure
(e)
Evidence
Provisional remedies
(b)
(c)
Special proceedings
(d)
Attachment
Preliminary Injunction
(a)
5.
Receivership
6.
Replevin
7.
8.
Interpleader
(b)
Declaratory relief
(c)
REMEDIAL LAW
INTRODUCTION TO LAW
230
9.
10.
231
(d)
Quo warranto
(d)
(e)
Eminent domain
(e)
(f)
Foreclosure of mortgage
(f)
(g)
(h)
(h)
(i)
(i)
Contempt
(j)
(k)
Information
(b)
l'
ll
11.
'
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
li l
l !
(o)
Kinds of evidence
(b)
(c)
(d)
(e)
(f)
(a)
DISCUSSION
(l)
(n)
Evidence
Briefly, the New Rules ofCourt are divided into different parta,
to wit:
11.
l.
Civil Procedure
12.
Criminal procedure
2.
Provisional Remedies
(a)
Definition
3.
(b)
Criminal jurisdiction
4.
Special Proceedings
(c)
5.
Criminal Procedure
!qj
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REMEDIAL LAW
INTRODUCTION TO LAW
232
6.
Evidente
7.
233
SPECIAL PROCEEDINGS
l. Settlement of estate of deceased persons
2. Escheat
DISCUSSION OF EACH:
CIVIL PROCEDURE
4. Trustees
5. Adoption
(a)
(b)
Special Civil Action - Example: Quo warranto, certiorari, mandamus, proh~bition, declaratory relief, partition,
foreclosure of mortgage, interpleader, eminent domain.
PROVISIONAL REMEDIES
l.
Attachment
2.
Preliminary lnjunction
3.
Receivership
4.
5.
Interpleader
2.
3.
4.
Quo warranto
5.
Eminent domain
6.
Foreclosure of mortgage
7.
Partition
8.
9.
2.
Attachment
Forcible entry
2.
Preliminary injunction
Contempt
3.
Receivership
234
REMEDIAL LAW
INTRODUCTION TO LAW
4.
Replevin
5.
3.
EXPLANATION OF EACH:
235
ATTACHMENT
RECEIVERSHIP
(a)
l.
(b)
2.
3.
4.
5.
(c)
PRELIMINARY INJUNCTION
l.
2.
RE PLEVI N
HEMI~DIAL
INTRODUCTION TO LAW
236
Requirements:
l. The plaintiff must show by his own affidavit or that of
some other person who personally knows the fact:
(a)
(b)
(c)
LAW
6.
Foreclosure of mortgage
7.
8.
9.
Contempt
237
EXPLANATION OF EACH
INTERPLEADER
DECLARATORY RELIEF
ALIMONY PENDENTE LITE
li
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l.
lnterpleader
2.
Declaratory relief
3.
PROHIBITION
4.
Quo warranto
5.
Eminent domain
It is a special civil action directed against any tribunal, corporation, board or person whether exercising judicial or ministerial
238
INTRODUCTION TO LAW
REMEDIAL LAW
239
(c)
(d)
(e)
(f)
EMINENT DOMAIN
QUO WARRANTO
KINDS OF FORECLOSURE
l.
2.
(a)
(b)
240
INTRODUCTION TO LAW
FORCIBLE ENTRY
REMEDIAL LAW
(9)
CONTEMPT
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(lO)
(11)
(12)
(13)
(14)
(15)
UNLAWFUL DETAINER
241
EXPLANATION OF EACH
SEITLEMENT OF ESTATE OF DECEASED PERSON
(2)
(2)
(3)
(4)
(5)
Ali the said heirs must agree. lf the heirs disagree, the
heirs may do so through an ordinary action of partition
(Section 1, Rule 74);
242
INTRODUCTION TO LAW
(6)
(7)
(b)
(c)
(2)
REMEDIAL LAW
243
(l)
(2)
(3)
Executor;
(b)
(c)
(d)
244
INTRODUCTION TO LAW
l.
Minors;
2.
3.
drunkenness;
(b)
improvidence;
(c)
want of understanding;
(d)
(e)
REMEDIAL LAW
245
(2)
(3)
(4)
DUTIES OF A TRUSTEE
(l)
246
INTRODUCTION TO LAW
REMEDIAL LAW
247
(2)
(3)
(4)
l.
2.
It is not the writ itself but only its privilege that may be
suspended. For as long as a petition for habeas corpus is filed, and
the court finds that it is in proper form, it will issue the writ as a
matter of course.
(l)
Those who have legitimate, legitimated, acknowledged natura! children by legai fiction;
(2)
(3)
(4)
Non-resident alien;
(5)
1973 CONSTITUTION
(6)
248
REMEDIAL LAW
INTRODUCTION TO LAW
"Sec. 18 - The President shali be the Commander-inChief of ali armed forces of the Philippines and, whenever it
becomes necessary, he may cali out such armed forces to
preyent or suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety requires
it, he may, fora period not exceeding sixty (60) days, suspend
the privilege of the writ of habeas corpus or piace the
Philippines or any part thereof under martiallaw."
l.
The Supreme Court rulings on the issues of whether or
not the courts can inquire on the presidential suspension of the
privilege of the writ of habeas corpus are as follows:
The first two (2) leading cases on this point are the cases of
Barcelon vs. Baker (5 Phil. 87) and Montenegro vs. Castaneda (91
Phil. 882). In both cases, the Supreme Court decided that the
President's decision to suspend the privilege of the writ of habeas
corpus is "final and conclusive upon the courts andali other pesons."
The Barcelon rule was enunciated in this jurisdiction in 1905
whereas the Montenegro rule, which reiterated the Barcelon rule,
was enunciated in 1952. This ruling continued to prevail until1971
until our Supreme Court carne out with another ruling in the case
of Lansang vs. Garcia, 42 SCRA 448.
In the case of Lansang vs. Garcia, the Supreme Court ruled
that courts are aliowed to inquire whether or not a presidential
suspension of the privilege of the writ of habeas corpus is arbitrary
in order to determine its constitutional sufficiency.
The Lansang doctrine, however, was abandoned on account of
the decision rendered by the Supreme Court on cases docketed as
G.R. No. 61388 entitled, "In the Matter of Dra. Aurora Parong, et
al., Josefina Garcia-Padilla, petitioner vs. Minister Juan Ponce
Enrile, Gen. Favian Ver, Gen. Fidel V. Ramos, and Lt. Col. Miguel
Coronel, respondents decided onApril20, 1983, and G.R. No. 61016
249
(2)
(3)
(4)
(5)
INTRODUCTION TO LAW
250
(6)
(7)
(8)
(9)
REMEDIAL LAW
251
252
253
INTRODUCTION TO LAW
REMEDIAL LAW
First: In G.R. No. 61388 entitled "In the matter ofthe Petition
for the Issuance of the Writ of Habeas Corpus for Dra. Aurora
Parong, et al., Hosefina Garcia-Padilla, petitioner vs. Minister Juan
Ponce Enrile, Gen. Fabian C. Ver," Gen. Fidel V. Ramos, and Lt.
Col. Miguel Coronel, respondents, records show that Dra. Aurora
Parong is charged with the crime of illegal possession of firearms.
This is clearly a bailable offense. The same thing is true with respect
to the other detainees. No amount of legal nicety nor the issuance
of a Presidential Commitment Order can prevail over a clear
constitutional guarantee expressed in Section 18, Artide IV of the
New Constitution which reads:
xxx
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A person desiring to change his name can file his petition with
the locai civil registry office of the city or municipality where the
record being sought to be corrected or changed is kept. (R.A. No.
9048)
illll
INTRODUCTION TO LAW
254
REMEDIAL LAW
256
!l'
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l'
l.
(b)
(c)
VENUE:
Ilii
CONTENTS OF PETITION
2.
3.
It must set forth ali claims and demands against the said
corporation.
4.
(b)
'11111
(2)
The names and residences of the parents who acknowledge the child, or of either of them, and their compulsory
heirs, and the person or persons with whom the child
lives;
(3)
l
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256
INTRODUCTION TO LAW
REMEDIAL LAW
NOTE:
l.
2.
3.
4.
(b)
(2)
(3)
When the child was conceived during the time when the
mother cohabited with the supposed father;
( 4)
(4)
Kinds of recognition
(l)
(b)
(2)
'!
. i
Natural child - It is a child horn outside of wedlock of parents who, a t the time of conception of the
former, were not disqualified by any impediment to
marry each other.
l!
After the lapse of two (2) years from his disappearance and
without any news about the absentee or since the receipt of the
last news, or offive (5) years in case the absentee has left a person
in charge of the administration of his property, the declaration of
his absence and appointment of a trustee or administrator may be
applied for by any of the follQwing:
(a)
(b)
(c)
(d)
(3)
257
7''"
i,j
REMEDIAL LAW
INTRODUCTION TO LAW
258
CODE:
(g)
Legitimations;
(h)
Adoptions;
(i)
(j)
Naturalization;
(k)
(l)
Civil interdiction;
CONTENTS OF PETITION
(b)
(c)
(d)
(o)
Changes of name.
l.
2.
Upon good and valid grounds, the following entries in the civil
registry may be cancelled or corrected:
(a)
Births;
(b)
Marriages;
(c)
Deaths;
(d)
Legai separation;
(e)
(f)
259
CRIMINAL PROCEDURE
DEFINITION
261
REMEDIAL LAW
INTRODUCTION TO LAW
260
Before a court can validly exercise its power to hear and try a
case, the following requisites must be present:
l
(a)
(b)
(c)
CRIMINAL JURISDICTION
DISTINCTION
(a)
(b)
COMPLAINT
INFORMATION
'
REMEDIAL LAW
INTRODUCTION TO LAW
262
(a)
(b)
(c)
(b)
The crimes of adultery and concubinage shall not be prosecuted, except upon a complaint filed by the offended spouse.
263
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264
REMEDIAL LAW
INTRODUCTION TO LAW
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l.
2.
3.
4.
1:
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(b)
(c)
265
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RULE 111
1985
2000 as amended
rr
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266
INTRODUCTION TO LAW
REMEDIAL LAW
)i
267
recovery of civil liability is impliedly instituted with the criminai action, unless the offended
party waives the civil action,
reserves his right to institute it
separately, or institutes the civil
action prior to the cri minai
action.
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REMEDIAL LAW
INTRODUCTION TO LAW
269
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(b)
Extinction of the penai
action does not carry with it
extinction of the civil, unless the
extinction proceeds from a
declaration in a final judgment
that the fact from which the civil
might arise did not exist.
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CHANGES AT A GLANCE
1985
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2000 as amended
,2.
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270
INTRODUCTION TO LAW
REMEDIAL LAW
l
(3) civil actions extinguishes
the others. The institution of,
or the reservation of, the
right to .file any sai d ci vii
actions separately waives the
others.
3. The former rule does not
include Batas Pambansa Big.
22.
INFORMATION
l.
2.
l.
(a)
(b)
(c)
(d)
l.
2.
2.
his
271
3.
EVIDENCE
It is the means sanctioned in the Rules of ascertaining in
judicial proceeding the truth respecting a matter of fact.
KINDS OF EVIDENCE
l.
2.
3.
272
INTRODUCTION TO LAW
4.
5.
6.
7.
8.
REMEDIAL LAW
273
l. Dying declarations;
274
INTRODUCTION TO LAW
Chapter XVI
l.
Labor laws
(b)
Sociallegislation
xxx
2.
3.
Emancipation of tenants
4.
5.
6.
Conditions of employment
(a)
Hours of work
(b)
(c)
(d)
Wages
(d.l) Minimum wage rate
(d.2) Forms of payments
(d.3) Time of payment
(d.4) Piace of payment
(d.5) Prohibitions regarding wages
(d.6) Wage studies and determination
275
INTRODUCTION TO LAW
276
(e)
7.
8.
9.
10.
2.
Employment of minors
Jurisdiction of Labor Arbiters and the Commission
(b)
(c)
(b)
277
,, l
Termination of employment
1.
LABOR LAWS
(a)
(b)
Probationary employment
(l)
(c)
Termination by employer
(2)
(d)
(3)
(e)
(4)
(f)
Termination by employee
11.
12.
13th-month pay
'
SOCIAL LEGISLATION
2.
3.
(l)
(2)
(3)
(4)
DISCUSSION
1.
Labor laws are those laws that govern the rights and
obligations of employers and employees, providing as well for the
rules by which such rights and obligations may be enforced.
278
INTRODUCTION TO LAW
6.
279
EMANCIPATION OF TENANTS
2.
(E) Priorities
The Department of Agrarian Reform (DAR) in coordination
with the Presidential Agrarian Reform Council (PARC) shall pian
and program the acquisition and distribution of ali agricultural
lands through a period of ten (10) years from the effectivity of R.
A. No. 6657. (Section 7, R.A. No. 6657)
3.
4.
(a)
280
INTRODUCTION TO LAW
6.
(c)
CONDITIONS OF EMPLOYMENT
Exceptions
Said provisions do not apply to:
l.
5.
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2.
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(B)
281
2.
3.
4.
5.
6.
7.
(B)
:tf
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Govemment employees
Managerial employees
Field personnel
Members of the family of the employer who are dependent
on him for support
Domestic helpers
Persons in the personnel service of another
Workers who are paid by the results as determined by
the secretary of Labor and Employment in appropriate
regulations. (Article 82, Labor Code of the Philippines)
INTRODUCTION TO LAW .,
282
(c)
(b)
(c)
(d)
A)
(e)
(f)
b:
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~~
B)
(b)
Regular holidays
New Year's Day
January l
Maundy Thursday
Movable date
Good Friday
Movable date
Araw ng Kagitingan
(Bataan and Corregidor Day)
April9
Labor Day
May l
Independence
June 12
Bonifacio Day
November 30
Christmas Day
December 25
Rizal Day
December 30
November l
December 31
(b)
ii
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(a)
283
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INTRODUCTION TO LAW
284
(c)
285
DATE OF EFFECTIVITY
Pl7.00
PlO.OO
Aprii l, 1994
2.
3.
(D) WAGES
. (d.l)
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INTRODUCTION TO LAW
286
(d.3)
TIME OF PAYMENT
Wages shall be paid at least once every tw'? (2) weeks or twice
a month at intervals not exceeding sixteen (16) days. If on account
of force majeure or circumstances beyond the employer's contro!,
payment of wages on or within the time herein provided cannot be
made, the employer shall pay the wages immediately after such
force majeure or circumstances have ceased. No employer shall
make payment with less frequency than once a month.
The payment of wages of employees engaged to perform a task
which cannot be completed in two (2) weeks shall be subject to the
following conditions, in the absence of a collective bargaining
agreement or arbitration award:
l.
2.
iii.
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PLACE OF PAYMENT
(b) Any person between fifteen (15) and eigbteen (18) years
of age may be employed for sucb number of bours and such periods
of the day as determined by tbe Secretary of Labor in appropriate
regulations.
(c) Tbe foregoing provisions sball in no case allow the
employment of a person below eigbteen (18) years of age in an
undertaking wbicb is bazardous or deleterious in nature as
determined by tbe Secretary of Labor.
ii.
!~~
287
289
INTRODUCTION TO LAW
288
7.
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(b)
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8.
INTRODUCTION TO LAW
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(f)
292
INTRODUCTION TO LAW
9.
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INTRODUCTION TO LAW
~~
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The foregoing notwithstanding, the President of the Philippines shall not be precluded from determining the industries that,
in his opinion, are indispensable to the national interest, and from
intervening at any time in assuming jurisdicton over any such labor
dispute in order to settle or terminate the same.
(h) Before or at any state of the compulsory arbitration
process, the parties may opt to submit their dispute to voluntary
arbitration.
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INTRODUCTION TO LAW
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This provision of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an
employment shall be deemed to be regular where the employee has
been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer, except
where the employment has been fixed for a specific project or
undertaking, the completion or termination of which has been
determined at the time of the engagement of the employee or where
the work or services to be performed is seasoned in nature and the
employment is for the duration of the season.
An employment shall be deemed casual if it is not covered by
the preceding paragraph: Provided, That any employee who has
rendered at least one year of service, whether such service is
continuous or broken, shall be considered a regular employee with
respect to the activity in which he is employed and his employment
shall continue while such actually exists. (Article 280, Philippine
Labor Relations Law)
PROBATIONARY EMPLOYMENT
297
298
INTRODUCTION TO LAW
ii
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299
12.
300
INTRODUCTION TO LAW
301
(a)
The court has held that for covered employers, the payment
of a 13th moth pay is a mandatory statutory obligation, whereas,
Christmas or mid-year bonuses are contractual obligations, such
that if there exists no agreement between the employer and the
workers, or practice or policy of the employer, granting the
Christmas or mid-year bonus, the same will not accrue. The grant
of 14th-month pay is not likewise a statutory obligation but purely
a management prerogative and only the 13th-month pay is
mandated by law to be paid. It is now a basic labor standard benefit
and cannot be substituted by the grant by the employer of food
and electricity to his employees. (Framalis Farms vs. Minister of
Labor and Employment, 177 SCRA 89)
BACKGROUND
The Social Security Law was approved on June 18, 1957, and
implemented on September l, 1957.
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302
303
INTRODUCTION TO LAW
Ali self-employed professionals licensed by the Professional Regulations Commission or those licensed to
practice law.
2.
3.
4.
l.
Dependents' Pension - The dependents' pension shall
be equivalent to 10 percent of the monthly pension for each
dependent child but not exceeding five, beginning with the youngest
and without substitution. (As amended by Sec. 4, P.D. No. 1202, S
1977) (Sec. 12-A, as amended by Sec. 4, P.D. No. 1202, S-1977; [a),
R.A. 1161, as amended.)
2.
Retirement Benefits -
304
INTRODUCTION TO LAW
305
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(c) The monthly pension shall be reduced upon the reemployment of a retired employee who is less than 65 years old by
an amount equivalent to one-half (1/2) his earnings over P300. He
shall again be subject to Sec. 18 and his employer to Sec. 19 of this
Act. (As amended by Sec. 7, R.A. No. 1972; Sec. 7, R.A. No. 2658;
Sec. 8, P.D. No. 735; Sec. 4, P.D. No. 1202 and Sec. 7, P.D. No.
1636, S-1979). (Sec. 12-B[c], as amended by Sec. 4, P.D. No. 1202,
S-1977)
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INTRODUCTION TO LAW
306
NUMBER OF.MONTHS
One thumb
One index finger
One middle finger
One ring finger
One little finger
One big toe
One hand
Onearm
One foot
One leg
One ear
Both ears
10
8
6
5
3
6
39
50
31
46
lO
50
25
(2)
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20
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BACKGROUND
l.
(2)
(3)
COVERAGE
(4)
(5)
(6)
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308
INTRODUCTION TO LAW
1109
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(2)
(3)
DISABILITY
(l)
(2)
(3)
OTHER BENEFITS
The other benefits are the foliowing:
(l)
Funeral Benefits
(2)
Sickness Benefits
(3)
(4)
Loan Privileges
(3}
INTRODUCTION TO LAW
310
311
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(50) hectares, to begin on the fourth (4th) year from the effectivity
of this Act and to be completed within three (3) years; and
(b) Landholdings from the retention limit up to twenty-four
(24) hectares, to begin on the sixth (6th) year from the effectivity
of this Act and to be completed within four (4) years; to implement
principally the right of farmers and regular farmworkers who are
landless, to own directly or collectively the lands they till.
The schedule of acquisition and redistribution of ali agricultural lands covered by this program shall be made in accordance
with the above order of priority, which shall be provided in the
implementing rules to be prepared by the Presidential Agrarian
Reform Council (PARC), taking into consideration the following:
the need to distribute lands to the fillers at the earliest practicable
time; the need to enhance agricultural productivity; and the
availability of funds and resources to implement and support the
program.
In any case, the PARC, upon recommendation by the Provincia}
Agrarian Reform Coordinating Committee (PARCCOM), may
declare certain provinces or regions as priority land reform areas,
in which case the acquisition and distribution of private agricultural
lands therein may be implemented ahead of the above schedules.
In effecting the transfer within these guidelines, priority must
be given to lands that are tenanted.
The PARC shali establish guidelines to implement the above
priorities and distribution scheme, including the determination of
who are qualified beneficiaries; Provided, That an owner-tiller may
be a beneficiary of the land he does not own but is actually
cultivating to the extent of the difference between the area of the
land he owns and the award ceiling of three (3) hectares.
ARE LANDS LEASED/HELD OR POSSESSED
BY MULTINATIONAL CORPORATIONS OR
ASSOCIATIONS COVERED?