C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
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PERSONS: Midterms Reviewer
NCC1-18
RAC 18-24:
Chapter 5
OPERATION AND EFFECT OF LAWS
Sec. 18. When Laws Take Effect. -
Laws shall take effect after fifteen
(15) days following the completion of
their publication in the Official
Gazette or in a newspaper of general
circulation, unless it is otherwise
provided.
Sec. 19. Prospectivity. - Laws
shall have prospective effect unless
the contrary is expressly provided.
Sec. 20. Interpretation of Laws
and Administrative Issuances. - In the
interpretation of a law or
administrative issuance promulgated
in all the official languages, the
English text shall control, unless
otherwise specifically provided. In
case of ambiguity, omission or
mistake, the other texts may be
consulted.
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Sec. 21. No Implied Revival of
Repealed Law.- When a law which
expressly repeals a prior law itself
repealed, the law first repealed shall
not be thereby revived unless
expressly so provided.
Sec. 22. Revival of Law
Impliedly Repealed. - When a law
which impliedly repeals a prior law is
itself repealed, the prior law shall
thereby be revived, unless the 2. Tañada v Tuvera
repealing law provides otherwise. a. A6 §6 1973 Constitution –
matter of public concern
Sec. 23. Ignorance of the Law. - b. Presidential Decrees
Ignorance of the law excuses no one 3. Fariñas v Executive Secretary
from compliance therewith. a. Defective effectivity clause
although does not make entire
Chapter 6 law invalid
OFFICIAL GAZETTE b. Tañada v Tuvera: “unless it is
otherwise provided” refers to the
Sec. 24. Contents. - There shall be date of effectivity and not the
published in the Official Gazette all requirement of publication itself,
legislative acts and resolutions of a which cannot in any event be
public nature; all executive and omitted.
administrative issuances of general c.Laws which amends old laws
application; decisions or abstracts of 4. MRCA v CA
decisions of the Supreme Court and a. Manchester
the Court of Appeals, or other courts b. Sun Insurance
of similar rank, as may be deemed by c.Supreme Court Rulings
said courts of sufficient importance to 5. National Electrification
be so published; such documents or Administration v Gonzaga
classes of documents as may be a. Not in OG or newspaper of
required so to be published by law; general circulation
and such documents or classes of b. Electric Coop Election Code
documents as the President shall c.Of general interest because
determine from time to time to have everyone consumes electricity
general application or which he may 6. Garcilliano v House of
authorize so to be published. Representatives
a. Xxx
The publication of any law,
resolution or other official documents NCC3: Ignorance of the law
in the Official Gazette shall be prima excuses no one from compliance
facie evidence of its authority. therewith.
- Dictated by necessity
NCC2/RAC18 - Actual ignorance of the law
Effectivity of NCC August 30, 1950 would thus afford immunity
Mistake of Fact:
Cases: Ignorantia facti may excuse
1. Pesigan v Angeles the party from the legal
a. Executive orders
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consequences of his conduct; but not Exceptions to Rule: actual rights in accordance to the
ignorance of the law for ignorantia A. When the law itself so CC and other laws.
juris neminem excusat. expressly provides b. FC August 3, 1988: A188;
B. In case of remedial statutes consent of adoption: (1) person to
Cases: C. In case of curative statues be adopted (if 10 ≥); (2) parents
1. Kasilag v Rodrigo D. In case of laws interpreting by nature; …
a. Antichresis, done in good faith others 5. Francisco v CA
2. Elegado v CTA E. In case of laws creating new a. NCC158 and 160 have been
a. Foreigners cannot be any less rights repealed by the FC254 (not 253)
bound by our laws in our own which took effect on August 3,
country Cases: 1988. Nonetheless, the SC cannot
b. Elegado was a Filipino lawyer 1. Frivaldo v COMELEC invoke the new law in this case
representing the foreign company a. The repatriation or Frivaldo without impairing the rights
– shows ignorance of the law. retroacted to the date of the filing pursuant to FC256 in relation to
3. Manzano v Sanchez of his application on August 17, FC105(2).
a. A judge ought to know that a 1994.
subsisting previous marriage is a 2. Gregorio v CA NCC5: Acts executed against the
diriment impediment, which a. Retroactive effect of provisions of mandatory or
would make the subsequent procedural law; General Rule: prohibitory laws shall be void,
marriage null and void exception except when the law itself
b. The retroactive effect of a authorizes their validity. NCC17(3)
NCC4: Laws shall have no procedural law is not violative of
retroactive effect, unless the any right of a party who may feel NCC6: Rights may be waived,
contrary is provided. that he is adversely affected. unless the waiver is contrary to
3. Aruego Jr. v CA law, public order, public policy
RPC22: Penal laws shall have a. An action for compulsory morals, or good customs, or
retroactive effect insofar as they recognition and enforcement of prejudicial to a third person with
favor the person guilty of a felony, successional rights which was a right recognized by law.
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who is not a habitual criminal…, filed prior to the advent of the FC

although at the time of publication of must be governed by A285 of the Elements of Right:
such laws a final sentence has been CC and not by A175(2) of the FC. 1. Subjects
pronounced and the convict is serving b. Its application will prejudice a. Active – entitled to
the same. the vested rights of private demand the enforcement of
respondent to have her case the right
FC256: This code shall have decided under A285 of the CC. b. Passive – duty-bound to
retroactive effect insofar as it does 4. Cang v CA suffer its enforcement
not prejudice or impair vested or a. A256 of the FC provides for its i. Determinate person –
acquired rights in accordance with retroactivity insofar as it does not personal rights
the CC and other laws. prejudice or impair vested or
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ii. Indeterminate person – 1. He must actually have the filed her claim for death benefits
real rights right which he renounces. from the State Insurance Fund.
2. Object – things or services to 2. He must have the capacity to
satisfy human wants, physical or make the renunciation. NCC7: Laws are repealed only by
spiritual. 3. The renunciation must be subsequent ones, and their
3. Efficient Cause – the fact that made in a clear and unequivocal violations and non-observance
gives rise to the legal relation manner. shall not be excused by dis-use,
or custom or practice to the
Kinds of Rights: Cases: contrary.
1. Political – participation of 1. PEFTOK v NLRC When the court declares a law to
persons in the government of a. Quitclaims were prepared and be inconsistent with the
the State readied by PEFTOK and Constitution, the former shall be
2. Civil – all others employees were forced to sign the void and the latter shall govern.
a. The rights of same for fear that they would not Administrative or executive acts,
personality – human rights, be given their salary on pay day, orders and regulations shall be
arise from the fact of being a and worse, their services would valid only when they are not
man. (right to damages) be terminated if they did not sign contrary to the laws or the
b. Family rights – rights of the said quitclaims under Constitution.
a person as a member of a controversy.
family b. NO VOLUNTARINESS Kinds of Repeal:
c.Patrimonial rights – these 2. Valderama v Macalde 1. Express or declared repeal -
have property for their a. The contention of the contained in a special
object; economic satisfaction petitioners that the respondents provision of a subsequent law
of men (damages itself) had waived their right of first 2. Implied or tactic repeal – takes
i. Real rights – refusal is not supported by place when the provisions of
ownership, mortgage, evidence. (requirements of the subsequent law are
etc. waiver) incompatible or inconsistent
ii. Personal rights – 3. DM Consunji v CA with those of an earlier law
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right to collect debt a. The claims for damages

sustained by workers in the 1987 Constitution
Renunciation of Waiver: course of their employment could ARTICLE VIII
1. The right, benefit or be filed only under the Workmen Judicial Department
advantage must exist at the time ´s Compensation Law, to the SECTION 3. The Judiciary shall
of the waiver exclusion of all further claims enjoy fiscal autonomy.
2. Knowledge of such existence under other laws. The CA held Appropriations for the Judiciary
3. Intention to relinquish it that the case at bar came under may not be reduced by the
4. Voluntary choice exception because private legislature below the amount
respondent was unaware of appropriated for the previous year
Requirements of Waiver: petitioner´s negligence when she and, after approval, shall be
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automatically and regularly 22 December 1982, there is no the writ shall be enforceable
released. more interest ceiling or maximum anywhere in the Philippines.
• Rarely implied repeal rate of interest, and the rate will
• There has to be LEGISLATIVE just depend on the mutual NCC8: Judicial decisions applying
INTENT to repeal agreement of the parties. or interpreting the laws or the
• REPEAL BU IMPLICATION not b. Interest at 6% per month, or Constitution shall form a part of
favored 72% per annum is iniquitous or the legal system of the
• Only a law can repeal a law unconscionable, and hence, Philippines.
contrary to morals (‘contra bonos
• JURIS PRUDENCE – judicial
mores’), if not against the law. Doctrine of Stare Decisis – the
decision
c.It is more consonant with justice decision of the SC becomes a judicial
• SC decisions are interpretations
that the said interest rate be precedent to be followed in
to fill in legislations deficiencies
reduced equitably. subsequent cases by all courts in the
and provide a rule of a given
d. An interest of 12% per annum land.
case
is deemed fair and reasonable. - Interpretation placed upon the
e. The appealed decision of the written law by a competent
Cases:
Court of Appeals is AFFIRMED court has the force of LAW.
1. Mecano v COA
subject to the MODIFICATION that - Forms a LAW of the land
a. NO implied repeal. Two
the interest rate of 72% per
categories of implied repel:
annum is ordered reduced to 12 Cases:
i. where provisions in the
% per annum 1. De Roy v CA
two acts on the same
3. Thornton v Thornton a. Non-publication of the
subject matter are in an
a. SC holds that the Family Code Habaluyas decision in the OG
irreconcilable conflict, the
Act of 1997 did not empower the b. There is no law requiring the
later act to the extent of the
family courts to exclusively issue the publication of SC decisions in
conflict constitutes an
writs of habeas corpus and it did the OG before they can be binding
implied repeal.
ii. if the later act covers
not revoke the capacity of SC and c. Duty of lawyer in active la
CA to issue writs of habeas practice to keep abreast of SC
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the whole subject of the

corpus. In relation to the word decisions particularly where
earlier one and is clearly
“exclusive”, although it is issuances have been clarified,
intended as a substitute, it
assumed that the language of the consistently reiterated, and
will operate to repeal the
laws should follow common published in the advanced reports
earlier law. Both are not
understanding, the spirit of the of GRs and in such publications as
applicable to the RAC and
law and intention of the the SCRA and law journals.
the Administrative Code of
lawmakers come first than legal 2. Pesca v Pesca
1987.
technicalities. a. The interpretation placed upon
2. Solangon v Salazar
a. Rationale of CA: Upon the
b. The petition may likewise be the written law by a competent
repeal of the Usury Law by filed with the Supreme Court, court has the force of law (legis
Central Bank Circular No. 905 on Court of Appeals, or with any of interpretado legis vim obtinet)
its members and, if so granted,
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b. The intendment of the law has
been to confine the meaning of
‘psychological incapacity’ to the
most serious cases of personality
disorders clearly demonstrative of
an utter insensitivity or inability to
give meaning and significance to
the marriage. – citing the Canon
Law
NCC9: No judge or court shall
decline to render judgment by
reason of the silence, obscurity
or insufficiency of the laws.
RPC5: Duty of the court in
connection with acts which should be
repressed but which are not covered
by the law, and in cases of excessive
penalties. - Whenever a court has
knowledge of any act which it may
deem proper to repress and which is
not punishable by law, it shall render
the proper decision, and shall report
to the Chief Executive, through the
Department of Justice, the reasons
which induce the court to believe that
said act should be made the subject
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KATRINA LEGARDA | 5
degree of malice and the injury 6. The practice must not be
caused by the offense contrary to law. Morals or public
• If the law is clear, it must be order
applied: dura lex sed lex
• In applying the law, the court Custom v Law
should discover and give effect to 1. Origin
its spirit. The spirit of the law may a. Custom – society;
be found in the precedents which spontaneous
served as its basis as well as in b. Law – governmental power of
the history of its formation. the State; conscious creation
2. Form
Customs – may be defined as the a. Custom – tacit; not written
juridical rule which results from a b. Law – express, written law
constant and continued uniform
practice by the members of a social NCC10: In case of doubt in the
community, with respect to a interpretation or application of
particular state of facts, and observed laws, it is presumed that the
with a conviction that it is juridically lawmaking body intended right
obligatory. and justice to prevail.
Requisites of Custom: NCC11: Customs which are
(for custom to have the for of contrary to law, public order or
suppletory rule) public policy shall not be
1. Plurality of acts, or various countenanced.
resolutions of a juridical question
raised repeatedly in life; NCC 12: A custom must be
2. Uniformity, or identity of the proved as a fact, according to the
acts or various solutions to the rules of evidence.

of penal legislation. juridical question;

In the same way the court shall 3. General practice by the great 1987 Constitution
submit to the Chief Executive, mass of the social group; ARTICLE XII
through the Department of Justice, 4. Continued performance of National Economy and Patrimony
such statement as may be deemed these acts for a long period of time; SECTION 5. The State,
proper, without suspending the 5. General conviction (by the subject to the provisions of this
execution of the sentence, when a community) that the practice Constitution and national
strict enforcement of the provisions of corresponds to a juridical necessity development policies and
this Code would result in the or that it is obligatory; programs, shall protect the rights
imposition of a clearly excessive of indigenous cultural
penalty, taking into consideration the communities to their ancestral
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lands to ensure their economic,
social, and cultural well-being.
The Congress may provide
for the applicability of customary
laws governing property rights or
relations in determining the
ownership and extent of ancestral
domain.
ROC129 (2),(3):
What Need Not Be Proved
Sec. 2.Judicial notice, when
discretionary. — A court may take
judicial notice of matters which are of
public knowledge, or are capable to
unquestionable demonstration, or
ought to be known to judges because
of their judicial functions. (1a)
Sec. 3.Judicial notice, when hearing
necessary. — During the trial, the
court, on its own initiative, or on
request of a party, may announce its
intention to take judicial notice of any
matter and allow the parties to be
heard thereon.
After the trial, and before judgment
or on appeal, the proper court, on its
own initiative or on request of a
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party, may take judicial notice of any
matter and allow the parties to be
heard thereon if such matter is
decisive of a material issue in the
case. (n)
Cases:
1. Martinez v Van Buskirk
a. Acts, the performance of
which has not proven destructive
or injurious and which have been
generally acquiesced in by society
KATRINA LEGARDA | 6
for so long a time has to have
ripened into a custom, cannot be
held to be unreasonable or
imprudent and that, under the
circumstances, the driver was not
guilty of negligence in so leaving
his team while assisting in
unloading his wagon.
2. Alonzo v Padua
a. The petition before us appears
to be an illustration of the Holmes
dictum that "hard cases make bad
laws" as the petitioners obviously
cannot argue against the fact that
there was really no written notice
given by the vendors to their co-
heirs. Strictly applied and
interpreted, Article 1088 can lead
to only one conclusion to wit, that
in view of such deficiency, the 30
day period for redemption had not
begun to run, much less expired
in 1977.
NCC13: When the law speaks of
years, months, days or nights, it
shall be understood that years
are of three hundred sixty-five
days each, months of thirty days;
days of twenty-four hours; and
nights from sunset to sunrise.
If months are designated by their
name, they shall be computed by
the number of days which they
respectively have.
In computing a period, the first
day shall be excluded, and last
day included.
• No leap years
• No weeks
ROC22: Section 1. How to compute
time.
In computing any period of time
prescribed or allowed by these Rules,
or by order of the court, or by any
applicable statute, the day of the act
or event from which the designated
period of time begins to run is to be
excluded and the date of
performance included. If the last day
of the period, as thus computed, falls
on a Saturday, a Sunday, or a legal
holiday in the place where the court
sits, the time shall not run until the
next working day.
RAC §31: Legal Periods. - "Year" shall
be understood to be twelve calendar
months; "month" of thirty days,
unless it refers to a specific calendar
month in which case it shall be
computed according to the number of
days the specific month contains;
"day," to a day of twenty-four hours;
and "night," from sunset to sunrise.
(ROC22: not applicable to contracts
Cases:
1. Armigos v CA
a. NCC13 (last paragraph) is
similar, but not identical, to §4 of
the Code of Civil Procedure which
provided that “unless otherwise
specially provided, the time within
which an act is required by law to
be done shall be computed by
excluding the first day and
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
including the last; and if the last
be Sunday or a legal holiday, it
shall be excluded.”
2. Namarco v Tecson
a. Years defined as 365 days,
months are of 30 days not the
“natural” or “solar” months unless
they are designated by name.
(Spanish Code)
b. Change in legislation should
be done by the congress re:
NCC13
3. Go It Bun v Dizon
a. §23 of the Interim Rules and
Guidelines promulgated by this
Court to implement BP129 clearly
states: “Perfection of Appeal – in
cases where appeal is taken, the
perfection of the appeal shall be
upon the expiration of the last day
to appeal by any party.”
4. Quiqui v Boncaros
a. Their Motion for
Reconsideration, although dated
August 16, 1979, was filed with
the trial court on August 17, 1979
or one day beyond the 30-day
reglementary period prescribed
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by Section 3 of Rule 41.
b. SEC. 3. How appeal is taken.
— Appeal may be taken by
serving upon the adverse party
and filing with the trial court
within thirty (30) days from notice
of order or judgment, a notice of
appeal, an appeal bond, and a
record on appeal. The time during
which a motion to set aside the
judgment or order or for a new
KATRINA LEGARDA | 7
trial has been pending shall be
deducted, unless such motion fails
to satisfy the requirements of
Rule 37.
NCC14: applies to all
NCC15: Filipinos only. Laws
relating to family rights and
duties, or to the status, condition
and legal capacity of persons are
binding upon citizens of the
Philippines, even though living
abroad.
FC26(2): where a marriage between
a Filipino citizen and a foreigner is
validly celebrated and a divorce is
thereafter validly obtained abroad by
the alien spouse capacitating him/her
to remarry, the Filipino spouse shall
have capacity to remarry under
Philippine law. (EO 227)
Cases:
1. Barretto Gonzales v Gonzales
a. Matrimonial residence of the
couple has always been the
Philippines (both Filipinos), the
residence acquired in the State of
Nevada by the husband for the
purpose of securing a divorce was
not a bona fide residence and did
not confere jurisdiction upon the
court of the State to dissolve the
bonds of matrimony in which he
had entered in 1919.
2. Tenchavez v Escaño
a. A foreign divorce between
Filipino citizens, sought and
decreed after the effectivity of the
NCC (RA386), is not entitled to
recognition as valid in the
Philippines; and neither is the
marriage contracted with another
party by the divorced consort,
subsequently to the foreign
decree of divorce, entitled to
validity in this country.
3. Board of Commission (CID) v
Dela Rosa
a. There being no proof of Chinese
law relating to marriage, there
rises a presumption that it is the
same as that of Philippine
law..Santiago (grandfather) was
not pressed by the CID to prove
the laws of China relating to
marriage, having been content
with his testimony that the
Marriage Certificate was lost or
destroyed during the Japanese
occupation of China.
NCC17: The forms and
solemnities of contracts, will, and
other public instruments shall be
governed by the laws of the
country in which they are
executed.
When the acts referred to are
executed before the diplomatic
or consular officials of the RP in a
foreign country, the solemnities
established be Philippine laws
shall be observed in their
execution.
Prohibitive laws concerning
persons, their acts or property,
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and those which have for their NCC21: Any person who willfully specific provisions governing the
object public order, public policy causes loss or injury to another term of office of petitioner.
and good customs shall not be in a manner that is contrary to 3. Llorente v Sandiganbayan
rendered ineffective by laws or morals, good customs or public a. Made to pay damages under
judgments promulgated, or by policy shall compensate the A19
determinations or conventions latter for the damage. 4. Carpio v Valmonte
agreed upon in a foreign country. a. To find the existence of a
NCC22: Every person who abuse of right, the following
Case: through an act or performance by elements must be present:
German v Donaldson another, or any other means, i. There is a legal right or
• Held that a power of attorney acquires or comes into duty;
executed in Germany, should be possession of something at the ii. Which is exercised in
tested as to its formal validity by expense of the latter without just bad faith;
the laws of that country and not or legal ground, shall return the iii. For the sole intent of
by the provisions of the CC. same to him. prejudicing or injuring
• Government v Frank – contract another.
was entered into in Illinois by a Cases: b. A person should be protected
minor in the Philippines but had 1. People v Ritter only when he acts in the
the capacity in Illinois. a. Moral and exemplary damages legitimate exercise of his right,
are awarded to the victim’s heirs that is when he acts with
NCC19: Every person must, in the despite acquittal of accused on prudence and good faith, but not
exercise of his rights and in the grounds of reasonable doubt. when he acts with negligence or
performance of his duties, act Furthermore, it does not abuse.
with justice, give everyone his necessarily follow that the 5. Nikko Hotel Manila Garden v
due, and observe honesty and appellant is also free from civil Reyes (Amay Bisaya)
good faith. liability which is impliedly a. Elsewhere, we explained that
instituted with the criminal action. when "a right is exercised in a
• To grant indemnity for damages b. Doctrin (Urbano v IAC) a manner which does not conform
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in cases where there is abuse of person while not criminally liable, with the norms enshrined in
rights, even when the act is not may still be civilly liable. Article 19 and results in damage
illicit. 2. De Tavera v Philippine to another, a legal wrong is
(READ TOLENTINO) Tuberculosis Society, Inc. thereby committed for which the
a. The provisions of the NCC oh wrongdoer must be responsible.
NCC20: Every person who, Human Relations are merely The object of this article,
contrary to law, willfully or guides for human conduct in the therefore, is to set certain
negligently causes damage to absence of specific legal standards which must be
another, shall indemnify the provisions and definite observed not only in the exercise
latter for the same. contractual stipulations. The Code of one’s rights but also in the
of By-laws of the Society contains performance of one’s duties.
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
These standards are the following:
act with justice, give everyone his
due and observe honesty and
good faith. Its antithesis,
necessarily, is any act evincing
bad faith or intent to injure. Its
elements are the following: (1)
There is a legal right or duty; (2)
which is exercised in bad faith; (3)
for the sole intent of prejudicing
or injuring another. When Article
19 is violated, an action for
damages is proper under Articles
20 or 21 of the Civil Code.
NCC37: juridical capacity, which
is the fitness to be the subject or
legal relations, is inherent in
every natural person and is lost
only through death. Capacity to
act, which is the power to do acts
with legal effect, is acquired and
may be lost.
Kinds of Capacity;
(Juridical capacity can exist without
capacity to act)
• Juridical Capacity
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KATRINA LEGARDA | 9
o The ability, poser, qualification,
or competency or persons,
natural or artificial, for the
performance of civil acts
depending on their state or
condition (status) as defined or
fixed by law
o Power to do acts with legal
effect
NCC38: Minority, insanity or
imbecility, the state of being
deaf-mute, prodigality and civil
interdiction are mere restrictions
on capacity
• NCC38 – restrictions on capacity
to act but does not render it void
• Minority is now 18 years old
(RA6809); a person below such
age is a minor, and has a limited
capacity to act. The
unemancipated minor cannot
enter into contracts (NCC1327
par1); gut he may be estopped
from disavowing his contract if he
has misled the other party as to
his age.
circumstances are governed in
this Code, other codes, the ROC,
and in special laws. Capacity to
act is not limited on account of
religions belief or political
opinion.
A married woman, 21 years of
age (now read as 18 because
RA6809 reduced age of majority
to 18 years) or over, is qualified
for all acts of civil life, except in
cases specified by law.
NCC40: Birth determines
personality; but the conceived
child shall be considered born for
all purposes that are favorable to
it, provided it be born later with
the condition specified in the
following article.
• Birth – removal of the fetus from
the mother’s womb; may be natural
or artificial.
• Fetus is not a person, because of
the expectancy that it may be born,
the .aw protects it and reserved its

rights, making its legal existence, if

o Legal capacity
it should be born alive, retroact to
o Personality the moment of its conception.
o Aptitude for the holding and NCC39: The following
enjoyment of rights circumstances, among others,
• Personality of Conceived child:
(1)limited, only for purposes
o Fitness of man to be the subject modify or limit capacity to act:
favorable to the child; (2)
of legal relations age, insanity, imbecility, the
provisional or conditional, depends
• Capacity to Act state of being a deaf-mute,
on the child being born alive later,
o Aptitude for the exercise of penalty, prodigality, family
such that if it is not born alive, its
rights relations, alien-age, absence,
personality disappears as if it had
o Referred merely as capacity insolvency and trusteeship. The
never existed.
consequences of these
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
NCC41: For civil purposes, the
fetus is considered born if it is
alive from the time it is
completely delivered from the
mother’s womb. However if the
fetus had an intra-uterine life of
less than seven months, it is not
deemed born if he dies within 24
hours after its complete delivery
from the maternal womb.
• Separation from mother –
produced by the cutting of the
umbilical cord, whether naturally
or through surgical operation
• It is enough that the child lives
even for an instant
• Premature Birth – the Code
requires the child should live at
least 24 hours after complete
separation from the mother’s
womb.
(1987)Constitution, A2, S12:
Right of the mother and right of the
unborn child from conception
(1975)PD 605: Child and Youth
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Welfare Code
A5: unborn child has rights
RPC – 1932
NCC – 1950
FC – 1958
Cases:
1. Roe v Wade
KATRINA LEGARDA | 10
a. 3-6 months (trimesters); obligations of the deceased is
stages of birth is equal to a child’s determined by law, by contract
PERSONALITY and by will.
b. In the US, a fetus is not a
person, as compared to the • This article refers to natural or
Philippines physical death, because this is
2. Geluz v CA (changed by the only kind of death recognized
A2S12 of the Consti) by the present legislation; does
a. Dead child has no right not apply to “civil death”
b. Against the 1987 Constitution • Upon the death of a person, the
and PD603 subject of legal relations
c.Legal capacity e.g. inheritance disappear
d. LIFE at BIRTH: absolute
precedent of rights Cases:
3. Quimiging v Icao 1. Limjoco v Intestate Estate of
a. There was no mention of how pio fragante
old the unborn child was a. Estate continues personality
b. Rights of the fetus were b. The state or the mass of
recognized because of NCC40 property, rights and assts left by
c.Legal Ralations – Personality – the decedent, instead of the heirs
Legal Capacity directly, become vested and
4. De Jesus v Syquia charged with his rights and
a. An unborn child can get obligations which survive after his
support and be recognized demise. Under the present legal
b. Plaintiff begot a child with the system, rights and obligations
defendant, the latter wrote letters which survive after death have to
to a priest recognizing the child as be exercised and fulfilled only by
his, before the child was born, the estate of the deceased.
asking the priest to baptize the 2. Dumlao v Quality Plastics
child after it was born; it was held a. Service of summons on a dead
that those letters could be the person is void. He had no more
basis of an action for the civil personality. His juridical
compulsory acknowledgment of capacity, which is the fitness to be
the child by the defendant after the subject of legal relations, was
its birth. lost through death.
3. Eugenio Sr. v Velez
NCC42: Civil personality is a. A man and woman not legally
extinguished by death. The effect married who cohabit for many
of death upon the rights and years as husband and wife, who
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
represent themselves to the
public as husband and wife, and
who are reputed to be husband
and wife in the community where
they live may be considered
legally “married” in common law
jurisdictions but not in the
Philippines.
b. Right to bury a dead person
does not include a common law
husband who is still married.
4. Marcos v Manglapus
a. Death of Mr. Marcos has not
changed the factual scenario
under which the Court’s decision
was rendered
b. The threats to the
government, to which the return
of the Marcoses has been viewed
to provide a catalytic effect, have
not been shown to have ceased.
Provisional Personality
A. Capacity to be part of legal
relations – when you are born
B. Capacity to act
a. Does not make an act void
(because of limitations)
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b. Capacity to do acts with legal
effects
c.Types:
i. Voidable Act
ii. Unenforceable act
1. Incapacitated parties
2. Both parties are incapable of
giving consent
iii. Void act
1. NCC1409
DEATH:
KATRINA LEGARDA | 11
• Summons not served prior to
death have no effect
• Even after death you can still
pose a “threat” to the country
• Everybody dies of cardio
respiratory failure
• JURIDICAL PERSON dies when it
terminates its existence
o Human beings
o Provisional (baby in womb)
o Quasi (property)
NCC43: If there is doubt, as
between two or more persons
who are called to succeed each
other, as to which of the died
first, whoever alleges the death
of one prior to the other, shall
prove the same; in the absence
of proof, it is presumed that they
died at the same time and there
shell be no transmission of rights
from one to other.
• Applies only when the question of
survivorship involves persons
“who are called to succeed each
other.”
ROC131 S3 (jj – kk):
(jj)That except for purposes of
succession, when two persons perish
in the same calamity, such as wreck,
battle, or conflagration, and it is not
shown who died first, and there are
no particular circumstances from
which it can be inferred, the
survivorship is determined from the
probabilities resulting from the
strength and the age of the sexes,
according to the following rules:
1.If both were under the age of fifteen
years, the older is deemed to have
survived;
2.If both were above the age sixty,
the younger is deemed to have
survived;
3.If one is under fifteen and the other
above sixty, the former is deemed to
have survived;
4.If both be over fifteen and under
sixty, and the sex be different, the
male is deemed to have survived, if
the sex be the same, the older;
5.If one be under fifteen or over sixty,
and the other between those ages,
the latter is deemed to have survived.
(kk)That if there is a doubt, as
between two or more persons who
are called to succeed each other, as
to which of them died first, whoever
alleges the death of one prior to the
other, shall prove the same; in the
absence of proof, they shall be
considered to have died at the same
time. (5a)
Case:
1. Joaquin v Navarro
a. Jr. died before mother
b. The evidence of survivorship
need not be direct, it may be
indirect, circumstantial or
inferential. Where there are facts,
known or knowable, from which a
rational conclusion can be made,
the presumption does not step in,
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
KATRINA LEGARDA | 12
and the rules of preponderance of the right of succession and the 3. That the Treasurer's Affidavit
evidence controls. powers, attributes and properties concerning the amount of capital
expressly authorized by law or stock subscribed and/or paid if
NCC44: The following are juridical incident to its existence. false;
persons: 4. That the percentage of ownership
(1) The State and its political Sec. 4. Corporations created by of the capital stock to be owned by
subdivisions; special laws or charters. - citizens of the Philippines has not
(2) Other corporations, Corporations created by special laws been complied with as required by
institutions, and entities for or charters shall be governed existing laws or the Constitution.
public interest or purpose, primarily by the provisions of the No articles of incorporation or
creates by law; their personality special law or charter creating them amendment to articles of
begins as soon as they have or applicable to them, supplemented incorporation of banks, banking and
been constituted according to by the provisions of this Code, insofar quasi-banking institutions, building
law; as they are applicable. and loan associations, trust
(3) Corporations, partnerships companies and other financial
and associations for private Sec. 17. Grounds when articles of intermediaries, insurance
interest or purpose to which the incorporation or amendment may companies, public utilities,
law grants a juridical be rejected or disapproved. - The educational institutions, and other
personality, separate and Securities and Exchange Commission corporations governed by special
distinct from that of each share may reject the articles of laws shall be accepted or approved
holder, partner or member. incorporation or disapprove any by the Commission unless
amendment thereto if the same is not accompanied by a favorable
NCC45: The juridical person in compliance with the requirements recommendation of the appropriate
mentioned in Nos. 1 and 2 of the of this Code: Provided, That the government agency to the effect
preceding article are governed by Commission shall give the that such articles or amendment is
the laws creating or recognizing incorporators a reasonable time in accordance with law.
them. within which to correct or modify the
Private corporations are objectionable portions of the articles NCC1767-1768:
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governed by laws of general
application on the subject.
Partnerships are associations for
private interest or purpose are
governed by the provisions of
this Code concerning
partnerships.
Corporations Code (BP68):
Sec. 2. Corporation defined. - A
corporation is an artificial being
created by operation of law, having
or amendment. The following are Art. 1767. By the contract of
grounds for such rejection or partnership two or more persons bind
disapproval: themselves to contribute money,
1. That the articles of incorporation property, or industry to a common
or any amendment thereto is not fund, with the intention of dividing
substantially in accordance with the the profits among themselves.
form prescribed herein; Two or more persons may also form a
2. That the purpose or purposes of partnership for the exercise of a
the corporation are patently profession. (1665a)
unconstitutional, illegal, immoral, or
contrary to government rules and Art. 1768. The partnership has a
regulations; judicial personality separate and
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
KATRINA LEGARDA | 13
distinct from that of each of the had no right to the possession from disavowing his contract if he
partners, even in case of failure to thereof. The exclusive right to has misled the other party as to
comply with the requirements of such possession was in the his age.
Article 1772, first paragraph. (n) Roman Catholic Church and such
right has continued since such
NCC46: Juridical persons may cession and now exists. NCC39: The following
acquire and posses property of 2. Camid v Office of the circumstances, among others,
all kinds, as well as incur President modify or limit capacity to act:
obligations and bring civil or a. It has been opined that age, insanity, imbecility, the
criminal actions, in conformity municipal corporations may exist state of being a deaf-mute,
with the laws and regulations of by prescription where it is shown penalty, prodigality, family
their organization. that the community has claimed relations, alien-age, absence,
and exercised corporate insolvency and trusteeship. The
NCC47: Upon the dissolution of functions, with the knowledge and consequences of these
corporations, institutions and acquiescence of the legislature, circumstances are governed in
other entities for public interest and without interruption or this Code, other codes, the ROC,
or purpose mentioned in No. 2 of objection for period long enough and in special laws. Capacity to
article 44, their property and to afford title by prescription. act is not limited on account of
other assets shall be disposed of 3. Catalan v Basa religions belief or political
in pursuance of law or the a. A person suffering from opinion…
charter creating them. If nothing schizophrenia does not
has been specified on this point, necessarily lose his competence RA6809: December 13, 1989: Age of
the property and other assets to intelligently dispose his Minority from below 21 years to
shall be applied to similar property below 18 years.
purposes for the benefit of the b. In order for donation of
region, province, city or property to be valid, what is AM No. 03-02-05 SC Rules on
municipality which during the crucial is the donor’s capacity to Guardianship: May 21, 2003
existence of the institution give consent at the time of the
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derived the principal benefits donation. 1987 Constitution A5 S1: Suffrage

from the same. FC5: Marriage: Any male or female of
NCC38: the age of 18 years or upwards not
Cases: • NCC38 – restrictions on capacity under any of the impediments
1. Barlin v Ramirez to act but does not render it void mentioned in articles 37 and 38 may
a. The Roman catholic Church is • Minority is now 18 years old contract marriage.
a juridical person in the Philippine (RA6809); a person below such NCC1327: The following cannot give
Islands age is a minor, and has a limited consent to a contract:
b. Prior to the cession of the capacity to act. The (1) Unemancipated minors;
Philippines to the US, the King of unemancipated minor cannot (2) Insane or demented persons, and
Spain was not the owner of the enter into contracts (NCC1327 deaf-mutes who do not know how to
consecrated churches therein and par1); gut he may be estopped write. (1263a)
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
NCC1390 (1): The following
contracts are voidable or annullable,
even though there may have been no
damage to the contracting parties:
(1) Those where one of the parties is
incapable of giving consent to a
contract;
NCC1403(3): The following contracts
are unenforceable, unless they are
ratified
(3) Those where both parties are
incapable of giving consent to a
contract.
NCC1397: The action for the
annulment of contracts may be
instituted by all who are thereby
obliged principally or subsidiarily.
However, persons who are capable
cannot allege the incapacity of those
with whom they contracted; nor can
those who exerted intimidation,
violence, or undue influence, or
employed fraud, or caused mistake
base their action upon these flaws of
the contract. (1302a)
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NCC1399: When the defect of the
contract consists in the incapacity of
one of the parties, the incapacitated
person is not obliged to make any
restitution except insofar as he has
been benefited by the thing or price
received by him. (1304)
NCC1489: All persons who are
authorized in this Code to obligate
themselves, may enter into a contract
KATRINA LEGARDA | 14
of sale, saving the modifications
contained in the following articles.
NCC1426: When a minor between
eighteen and twenty-one years of age
who has entered into a contract
without the consent of the parent or
guardian, after the annulment of the
contract voluntarily returns the whole
thing or price received,
notwithstanding the fact the he has
not been benefited thereby, there is
no right to demand the thing or price
thus returned.
NCC1427: When a minor between
eighteen and twenty-one years of
age, who has entered into a contract
without the consent of the parent or
guardian, voluntarily pays a sum of
money or delivers a fungible thing in
fulfillment of the obligation, there
shall be no right to recover the same
from the obligee who has spent or
consumed it in good faith. (1160A)
Cases;
1. Mercado v Espiritu
a. The sale of real estate,
effected by minors who have
already passed the ages of
puberty, and adolescence and are
near the adult age when they
pretended to have already
reached their majority when in
fact they have not, is VALID, and
they cannot be permitted
afterwards to excuse themselves
from compliance of the obligation
assumed by them or to seek their
annulment.
2. Bambalan v Maramba
a. The sale is void as to the
plaintiff, because he was a minor
at the time of execution.
b. The doctrine of Mercado v
Espiritu is not applicable to this
case, because the plaintiff did not
pretend to be of age, and the
defendant knew him to be a
minor.
3. Suan and Chiao v Alcantara
a. Under the doctrine laid down
by Mercado v Espiritu, herein
followed, to bind a minor who
represents himself to be of legal
age, it is not necessary for his
vendee to actually part with cash,
as long as the contract is
supported by a valid
consideration.
b. The circumstance that about
one month after the date of the
conveyance, the appellee
informed the appeallants of his
minority, is of no moment,
because appellee’s previous
misrepresentation had already
estopped him from disavowing
the contract.
4. Braganza v Villa Abrille
a. The failure of the minor to
disclose his minority when making
a contract does not per se,
constitute a fraud which can be
made a basis of an action of
deceit.
b. Although the written contract
is UNENFORCEABLE because of
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
non-age, however, the minor shall
make restitution to the extent
that he may have profited by the
thing he received.
c.If a person is benefited although
incapacitated (minor, insane, etc.)
to enter a contract, he must pay
back/return it.
RPC12: The following are exempt
from criminal liability:
(2) A person under nine years of age
(now modified to be 15 years by
RA9344 S6)
(3)A person over nine years of age
and under 15 unless he has acted
with discernment, in which case, such
minors shall be proceeded against in
accordance with the provisions of A80
of this code.
RA9344: Juvenile Justice and Welfare
Law
0-15 years old: exempt from criminal
liability
15-18: act with discernment
**15yrs+1day: case is filed in court
(should be out by September)
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RPC13: The following are mitigating
circumstances:
(2) That the offender is under 18
years of age or over 70 years. In the
case of the minor, he shall be
proceeded against in sccordance to
the provisions of A80. (now between
15-18 years old subject to an
intervention program, RA9344)
KATRINA LEGARDA | 15
PD603: Child and Youth Welfare temporarily or permanently cured, or
Code: may be released without danger he
(December 10, 1974) may file the proper petition with the
Court of First Instance which ordered
Rules of Civil Procedure R3 S5: A the commitment.
minor or a person alleged to be
incompetent, may sue or be sued, Cases;
with the assistance of his father, 1. US v Vaguilar
mother, guardian, or if he has none, a a. Insanity distinguished from
guardian ad litem. Passion, Anger or Remorse –
Testimony of eye-witnesses to a
FC45 (2): A marriage may be parricide, which goes no further
annulled for any of the following than to indicate that the accused
causes, existing at the time of the was moved by a wayward or
marriage: hysterical burst of anger or
(2)That either party was of unsound passion, and other testimony to
mind, unless such party after coming the effect that, while in
to reason, freely cohabited with the confinement awaiting trial,
other as husband and wife; defendant acted absent-mindedly
at times, is not sufficient to
NCC1327(1): The following cannot establish the defense of insanity.
give consent to a contract: (condition produced by remorse)
(1) Unemancipated minors; 2. People v Rafanan
a. Standard of Legal insanity by
NCC1328: Contracts entered into People v Formigones (2
during a lucid interval are valid. distinguishable tests):
Contracts agreed to in a state of i. Test of cognition –
drunkenness or during a hypnotic complete deprivation of
spell are voidable. (n) intelligence in committing the
[criminal] act.
RPC12: The following are exempt ii. Test of violation – that
from criminal liability: there be a total deprivation of
(1)an imbecile or an insane person, the will
unless the latter has acted during a b. The law presumes every man
lucid interval to be sane. A person accused of a
crime has the burden of proving
ROC101 S4: When, in the opinion of his affirmative allegation of
the Director of Health, the person insanity.
ordered to be committed to a hospital 3. Standard oil v arenas
or other place for the insane is
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
a. Capacity to act must be
supposed to attach to a person
who has not previously been
declared incapable, and such
capacity is presumed to continue
so long contrary is not proved,
that is, at the time of his acting he
was incapable, crazy or out of his
mind; which, in the opinion of the
court, has not been proved in this
case.
b. There was no direct proof that
showed that at the date of the
giving of the bond, December 15,
1908, the appellant was incapable
of acting because of insanity. The
witnesses who as physicians,
testified that they observed
insane periods in Villanueva twice
prior to 1903, once on 1908, but
none at the time of the execution
of the said bond on December 15,
1908.
c.It was also shown that the wife
never before sought to legally
deprive her husband management
over his estate knowing full well
that he was insane.
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NCC1327(2): The following cannot
give consent to a contract:
(2) Insane or demented persons, and
deaf-mutes who do not know how to
write. (1263a)
NCC807: If the testator be deaf, or a
deaf-mute, he must personally read
the will, if able to do so; otherwise, he
shall designate two persons to read it
and communicate to him, in some
KATRINA LEGARDA | 16
practicable manner, the contents
thereof. (n)
NCC820: Any person of sound mind
and of the age of eighteen years or
more, and not bind, deaf or dumb,
and able to read and write, may be a
witness to the execution of a will
mentioned in Article 805 of this Code.
(n)
ROC92(2): Meaning of word
"incompetent." - Under this rule, the
word "incompetent" includes persons
suffering the penalty of civil
interdiction or who are hospitalized
lepers, prodigals, deaf and dumb who
are unable to read and write, those
who are of unsound mind, even
though they have lucid intervals, and
persons not being of unsound mind,
but by reason of age, disease, weak
mind, and other similar causes,
cannot, without outside aid, take care
of themselves and manage their
property, becoming thereby an easy
prey for deceit and exploitation.
NCC1490: The husband and the wife
cannot sell property to each other,
except:
(1) When a separation of property
was agreed upon in the marriage
settlements; or
(2) When there has been a judicial
separation or property under Article
191. (1458a)
NCC2035: No compromise upon the
following questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a
legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
cf. NCC963-967:
SUBSECTION 1. - Relationship
Art. 963. Proximity of relationship is
determined by the number of
generations. Each generation forms a
degree. (915)
Art. 964. A series of degrees forms a
line, which may be either direct or
collateral.
A direct line is that constituted by the
series of degrees among ascendants
and descendants.
A collateral line is that constituted by
the series of degrees among persons
who are not ascendants and
descendants, but who come from a
common ancestor. (916a)
Art. 965. The direct line is either
descending or ascending.
The former unites the head of the
family with those who descend from
him.
The latter binds a person with those
from whom he descends. (917)
Art. 966. In the line, as many degrees
are counted as there are generations
or persons, excluding the progenitor.
In the direct line, ascent is made to
the common ancestor. Thus, the child
is one degree removed from the
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
parent, two from the grandfather, and
three from the great-grandparent.
In the collateral line, ascent is made
to the common ancestor and then
descent is made to the person with
whom the computation is to be made.
Thus, a person is two degrees
removed from his brother, three from
his uncle, who is the brother of his
father, four from his first cousin, and
so forth. (918a)
Art. 967. Full blood relationship is that
existing between persons who have
the same father and the same
mother.
Half blood relationship is that existing
between persons who have the same
father, but not the same mother, or
the same mother, but not the same
father. (920a)
cf. 1987Consti: A4 S1-5:
Citizenship
NCC381-396:
NCC1381: Art. 1381. The following
contracts are rescissible:
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(1) Those which are entered into by
guardians whenever the wards whom
they represent suffer lesion by more
than one-fourth of the value of the
things which are the object thereof;
(2) Those agreed upon in
representation of absentees, if the
latter suffer the lesion stated in the
preceding number;
(3) Those undertaken in fraud of
creditors when the latter cannot in
KATRINA LEGARDA | 17
any other manner collect the claims
due them;
(4) Those which refer to things under
litigation if they have been entered
into by the defendant without the
knowledge and approval of the
litigants or of competent judicial
authority;
(5) All other contracts specially
declared by law to be subject to
rescission. (1291a)
NCC2236: The debtor is liable with
all his property, present and future,
for the fulfillment of his obligations,
subject to the exemptions provided
by law. (1911a) Art. 2035. No
compromise upon the following
questions shall be valid:
(1) The civil status of persons;
(2) The validity of a marriage or a
legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts;
(6) Future legitime. (1814a)
Case:
1. Villaneva v CA (May 26, 1995)
a. PRODIGAL = “gambler”, away
from home, slightly incompetent
b. Husband and wife cannot sell
or donate to each other
c.Affinity by blood
o Always start from self
o Parents – 1st degree
o Brothers/Sisters – 2nd
o Cousins – 4th
o Grandparents – 2nd
o Aunts/Uncles – 3rd
o Your brother’s wife is not your
relative! (by blood or affinity)
RCP3 S4: Spouses as parties.
Husband and wife shall sue or be
sued jointly, except as provided by
law.
CITIZENSHIP:
Section 1. The following are citizens
of the Philippines:
[1] Those who are citizens of the
Philippines at the time of the
adoption of this Constitution;
[2] Those whose fathers or mothers
are citizens of the Philippines;
[3] Those born before January 17,
1973, of Filipino mothers, who elect
Philippine citizenship upon reaching
the age of majority; and
[4] Those who are naturalized in
accordance with law.
Section 2. Natural-born citizens are
those who are citizens of the
Philippines from birth without having
to perform any act to acquire or
perfect their Philippine citizenship.
Those who elect Philippine citizenship
in accordance with paragraph (3),
Section 1 hereof shall be deemed
natural-born citizens.
Section 3. Philippine citizenship may
be lost or reacquired in the manner
provided by law.
 C2013 | PERSONS AND FAMILY RELATIONS MIDTERMS REVIEWER | PROF.
KATRINA LEGARDA | 18
JUS SANGUINIS – you have to be
born of Filipino blood to be a Filipino
citizen

JUS SOLI (United States) – land

where you were born also gives you
citizenship

Section 4. Citizens of the Philippines Dual Citizenship of Parents – only

who marry aliens shall retain their affects children who are minors at the
citizenship, unless by their act or time the dual citizenship is acquired
omission, they are deemed, under the
law, to have renounced it. Top 3 Stressors:
1. Marriage
NCC50: For the exercise of civil 2. Moving
rights and the fulfillment of civil 3. Death
obligations, the domicile of
natural persons is the place of
their habitual residence.

Case:
1. Romualdez-Marcos v
COMELEC
a. Habitual residence – Leyte
b. Domicile – place of habitual
residence, intent to go back
(ANIMUS REPERTENTI)
c.Residence
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i. Permanent – domicile
ii. Official – e.g. Malacañang
(President and family)
iii. Temporary – even for a long
period of time

Dual Allegiance v Dual

Citizenship
(none in the Philippines)