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Art. 14.

Penal laws and those of public security and ‘Status’ Defined


safety shall be obligatory upon all who live or sojourn in  The status of a person in civil law includes personal qualities and relations, more or
Philippine territory, subject to the principles of public international less permanent in nature, and not ordinarily terminable at his own will, such as his
law and to treaty stipulations. being married or not, or his being legitimate or illegitimate.
 status as the sum total of a person’s rights, duties, and capacities
It is a principle of law that a law applies only to the territorial jurisdiction of the authority who
had enacted it, save for some [territoriality], and applies also to all its people save for some Scope of Art. 15 (Nationality Principle)
who are immune from the application of such law [generality]. Thus, penal laws and those of (a) Family rights and duties (including parental authority, marital authority, support);
public security and safety shall be obligatory upon all who live or sojourn in the Philippine (b) Status;
territory, subject to the principles of public international law and to treaty stipulations [Article (c) Condition;
14]. (d) Legal capacity. (But there are various exceptions to this rule on legal capacity.)

Principle of Territoriality: Penal laws and those of public security and safety shall be Art. 15 which is a rule of private international law (or a conflicts rule, containing as it does a
enforceable throughout the territorial jurisdiction of the Philippines, subject to the principles of reference to a foreign element, such as a foreign country) stresses the principle of nationality;
public international law and to treaty stipulation. some other countries, like Great Britain and the United States, stress the principle of
General rule: Criminal laws apply only in Philippine territory.(ART 1 Phil Consti) domicile.
Exception: extraterritoriality principle (ART 2 RPC)- criminal laws applies to the following
even if they are outside the territorial jurisdiction of the Philippines against those who: Does Art. 15 apply to Filipinos merely?
1. Commit an offense while on a Philippine ship or airship. (a) Yes — insofar as Philippine laws are concerned. (Gibbs v. Gov’t., 49 Phil. 293). (Thus, a
2. Forge or counterfeit any coin or currency note of the Philippine Islands or obligations Filipino husband is still a husband, under our law, wherever he may be or may go). (Yañez v.
and securities issued by the government of the Philippine Islands; Fuston, 29 Phil. 606).
3. Should be liable for acts connected with the introduction into these islands of the (b) No — in the sense that nationals of other countries are also considered by us as being
obligations and securities mentioned in the preceding number. governed in matters of status, etc., by their own national law.
4. While being public officers or employees, should commit an offense in the exercise of
their functions; Thus, we may say that Filipinos are governed by Philippine laws; foreigners, by their own
5. Should commit any of the crimes against national security and the law of nations, national law.
defined in Title One of Book Two of this code.- ex: piracy.
Principle of Generality: Penal laws and those of public security and safety shall be Nationality/personal theory: the status and capacity of an individual are generally governed
obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public by the law of his nationality.
international law and to treaty stipulation. Domiciliary Theory- the personal laws of a person are determined by his domicile.
General rule: criminal laws apply to everyone in the territory [citizens and aliens].
Exceptions: in these instances, all the Philippine government can do is expel them- Capacity to Enter into Ordinary Contract
1. Treaty stipulations which exempt some persons within the jurisdiction of Philippine The capacity to enter into an ordinary contract is governed by the national law of the person,
courts. and not by the law of the place where the contract was entered into (lex loci celebrationis)
2. Law of preferential application : Heads of states, ambassadors and members of the
diplomatic envoy. Capacity under the Code of Commerce
3. Principles of Public International law Art. 15 of the Code of Commerce says that “foreigners and companies created abroad may
Note: the immunity of a consul is limited, hence if the is engage in commerce in the Philippines subject to the laws of their country with respect to
not immunity from penal laws of the receiving state in the their capacity to contract.’’
treaty, then they are subject to the penal laws of our
country. Capacity to Enter into Other Relations
Capacity to enter into other relations or contracts is not necessarily governed by the national
law of the person concerned.
Art. 15. Laws relating to family rights and duties or to the status, condition and legal capacity Thus:
of persons are binding upon citizens of the Philippines, even though living abroad.
a) Capacity to acquire, encumber, assign, donate or sell property depends on the law of 2. Amount of successional rights. (This refers to theamount of property that each heir is
the place where the property is situated (lex situs or lex rei sitae). (See Art. 16, par. 1, legally entitled to inherit from the estate available for distribution).
Civil Code). 3. Intrinsic validity of the provisions of a will. (Examples: whether a disinheritance has
b) Capacity to inherit depends not on the national law of the heir, but on the national law properly been made or not; whether a testamentary disposition can be given effect or
of the decedent. (Art. 1039, Civil Code). not.).
c) Capacity to get married depends not on the national law of the parties, but on the law 4. Capacity to succeed. (Art. 1039, Civil Code).
of the place where the marriage was entered into (lex loci celebrationis or locus
regitactum), subject to certain exceptions The Renvoi Problem
Renvoi literally means a referring back; the problem arises when there is a doubt as to
Art. 16. Real property as well as personal property is subject to the law of the country where it whether a reference in our law (such as Art. 16, par. 2 of the Civil Code) to a foreign law
is situated. (such as the national law of the deceased) —
However, intestate and testamentary successions, both with respect to the order of a) is a reference to the INTERNAL law of said foreign law;or
succession and to the amount of successional rights and to the intrinsic validity of b) is a reference to the WHOLE of the foreign law, including its CONFLICTS RULES.
testamentary provisions, shall be regulated by the national law of the person whose
succession is under consideration, whatever may be the nature of the property and In the latter case, if one state involved follows the nationality theory, and the other, the
regardless of the country wherein said property may be found. domiciliary theory, there is a possibility that the problem may be referred back to the law of
the first state.
Real property/ immovable property (ART 415)
Personal/ movable property (ART 416, 417) Summary:
Lex rei sitae: Real property as well as personal property is subject to the law of the country
Conflicts Rules on Property (Lex Rei Sitae) where it is situated. In contracts where the real property is given as security, the principal
Property, whether real or personal, is as a rule governed by the lex rei sitae (law of the place contract shall be governed by the proper
where the property is situated law of the contract, but the accessory contract shall be governed by this article.
Lex loci voluntatis/intentionis: proper law of the contract
It is inevitable that the rule should be thus for real property, for after all, real property is Mobilia sequuntur personam: ―Movable property follows the national law of the
attached to the land, and a contrary rule may render a judgment on the land ineffective or owner.‖This rule has been modified by the present article.
incapable of enforcement. Upon the other hand, the rule enunciated under the new Lex loci solutionis: law o the place of performance
Civil Code for personal property changes the old rule on the matter. Under the old Civil Code
(Art. 10, old Civil Code), personal property was subjected to the law of the nation of the
owner; i.e., personal property followed the national or domiciliary law of the owner, under the Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be
doctrine of mobilia sequuntur personam. The old rule grew up in the Middle Ages when governed by the laws of the country in which they are executed.
movable property could easily be carried from place to place. When the acts referred to are executed before the diplomatic or consular offi cials of
the Republic of the Philippines in a foreign country, the solemnities established by the
Applications of the Doctrine of Lex Rei Sitae Philippine laws shall be observed in their execution.
Shares of stock of a foreigner, even if personal property, can be taxed in the Philippines so Prohibitive laws concerning persons, their acts or property, and those which have for
long as the property is located in this country. Bank deposits in the Philippines even if their object public order, pub lic policy and good customs shall not be rendered ineffective by
belonging to a foreigner may be the subject of attachment proceedings. Taxes may be laws or judgments promulgated, or by determinations or conventions agreed upon in a
imposed on dividends from shares in a gas corporation situated in the Philippines even if foreign country.
the stockholders do not reside here. Under our present laws, only corporate income derived
from Philippine sources may be taxed in our country. Doctrine of Lex Loci Celebrationis
Lex loci celebrations: principle which applies the law of the place where the contract was
Exception to the Lex Situs Rule executed as far as the formalities and solemnities (extrinsic validity) are concerned.
One important exception to the lex situs rule occurs in the case of successional rights. Thus, The forms and solemnities of contracts, wills and other public instruments shall be governed
the following matters are governed, not by the lex situs, but by the national law of the by the laws of the country in which they are executed.
deceased (Art. 16, par. 2, Civil Code): Exterritoriality: When the acts referred to are executed before the diplomatic or consular
1. Order of succession. officials of the Republic of the Philippines in a foreign country, the solemnities established by
Philippine laws shall be observed in their execution. Theory done is that the act is being 3. Must not contrary to law, morals, good customs, public order or public policy of the
done within an extension of Philippine territory. **not the place of execution but the Phil law Phil
governs 4. Contract processed through POEA

Note: prohibitive laws concerning persons, their acts or property, and those which have for Art. 18. In matters which are governed by the Code of Commerce and special laws, their
their object public order, public policy and good customs shall not be rendered ineffective by deficiency shall be supplied by the provisions of this Code.
laws or judgments promulgated, or by determinations or conventions agreed upon in a
foreign country. Rule in Case of Confl ict Between the Civil Code and Other Laws
In case of confl ict with the Code of Commerce or special laws, the Civil Code shall only be
Formalities for the Acquisition, Encumbering, or Alienation of Property (whether real or suppletory, except if otherwise provided for under the Civil Code. In general, therefore, in
personal) shall however, be governed not by the lex loci celebrationis but by the lex rei sitae. case of confl ict, the special law prevails over the Civil Code, which is general in nature.
(See Art. 16, par. 1).
When the Civil Code is Superior
Rule Respecting Prohibitive Laws There are instances when the Civil Code expressly declares itself superior to special laws:
The third paragraph gives one exception to the rule that a foreign law, contract, or judgment (a) Common carriers — The Code of Commerce supplies the defi ciency. (Art. 1766, Civil
can be given effect. The reason is that public policy in the Philippines prohibits the same. Code).
Examples: (b) Insolvency — The special laws supply the defi ciency. (Art. 2237, Civil Code)
(a) A contract for the sale of human flesh (prostitution) even if valid where made cannot be
given effect in the Philippines. PP v Del Rosario: computation of month general law supply for insufficiency
(b) An absolute divorce granted Filipinos abroad even if valid where given cannot be
recognized in the Philippines inasmuch as under the Civil Code, absolute divorce is
prohibited (except insofar as Mohammedan Filipinos are concerned).
(c) A U.S. court allowed a mother living with a man other than her husband to exercise
authority over her child with the lawful husband. It was held by our Supreme Court that such
a decision cannot be enforced in the Philippines.

Intrinsic Validity of Contracts


It should be noted that while the fi rst paragraph of Art. 17 speaks of forms and solemnities,
no mention is made of the law that should govern the intrinsic validity of contracts in general.
The prevailing rule in Private International Law today is to consider the lex loci voluntatis (the
law of the place voluntarily selected) or the lex loci intentionis (the law of the place intended
by the parties to the contract).

PERSONAL LAW
Filipino: Philippine Law; Foreign: National Law

PROPERTY LAW
Filipino: General rule “lex rei sitae” exceptions (4) ; Foreign: Lex rei sitae

CONTRACTS LAW
Extrinsic- Lex loci celebracionis
Intrinsic- Lex voluntatis/ Lex intentionis:Law of the forum where the controversy was filed.
**Philippine law apply to OFW Contracts except:
1. Expressly stipulated in the contract
2. Foreign law involved proven pursuant to rules of evidence
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with Justice is done according to law. As a rule, equity follows law. There may be a moral obligation, often
justice, give everyone his due, and observe honesty and good faith. regarded as an equitable consideration (meaning compassion) but if there is no enforceable legal duty,
the action must fail although the disadvantaged party deserves commiseration or sympathy.
Human relations was formulated
 to present some basic principles that are to be observed for the rightful relationship between ARTICLE 1157:OBLIGATIONS
human beings and the stability of the social order. 1. LAW
 makes it imperative that everyone duly respect the rights of others. 2. CONTRACTS
 to indicate certain norms that spring from the fountain of good conscience. 3. QUASI0CONTRACTS
 These guides for human conduct should run as golden threads through society, to the end that 4. ACTS OR OMISSIONS PUNISHED BY LAW
law may approach its supreme ideal, which is the sway and dominance of justice. 5. QUASI DELICTS

Stress of the Article/ standards


a) Acting with justice; ARTICLE 2197.DAMAGES MAY BE:
b) The giving to everyone his due; 1. ACTUAL OR COMPENSATORY (one is entitled to an adequate compensation only for such
c) The observance of honesty and good faith. pecuniary loss suffered by him as he has duly proved-art 2199)
2. MORAL (include physical suffering, mental anguish, fright, serious anxiety, besmirched
Thus, rights must never be abused; the moment they are abused, they cease to be right. reputation, wounded feelings, moral shock, social humiliation, and similar injury- art 2217)
Article 19 provides a rule of conduct that is consistent with an orderly and harmonious relationship 3. NOMINAL (adjudicated in order that a right of the plaintiff, which has been violated or invaded
between and among men and women. It codifies the concept of what is justice and fair play so that the by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the
abuse of right by a person will be prevented. plaintiff for any loss suffered by him-art 2221**any property has been invaded)
Article 19, known to contain what is commonly referred to as the principle of abuse of rights, sets certain 4. TEMPERATE OR MODERATE (more than nominal but less than compensatory damages,
standards which may be observed not only in the exercise of one’s rights but also recovered when pecuniary loss has been suffered-art 2224)
in the performance of one’s duties. The law, therefore, recognizes the primordial limitation on all rights; 5. LIQUIDATED (agreed upon by the parties to a contract, to be paid in case of breach thereof-
that in their exercise, the norms of human conduct set forth in Article 19 must be observed. A right, art 2226)
though by itself legal because recognized or granted by law as such, may nevertheless become a 6. EXEMPLARY OR CORRECTIVE (imposed by way of example or correction for the public
source of some illegality. When a right is exercised in a manner which does not conform with the norms good in addition to moral, temperate, liquidated or compensatory damages- art 2229)
enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which
the wrongdoer must be held responsible.
Injury is the legal invasion of a legal right while damage is the hurt, loss or harm which results from the
Abuse of right: Every person must, in the exercise of his rights and in the performance of his duties, injury.Thus, there can be damage without injury in those instances in which the loss or harm was not
act with justice, give everyone his due, and observe honesty and good faith. the result of a violation of a legal duty. In such cases, the consequences must be borne by the injured
person alone; the law affords no remedy for damages resulting from an act which does not amount to a
The elements of an abuse of right under Article 19 are the following: (Liability)
(1) There is a legal right or duty; legal injury or wrong. These situations are often called damnum absque injuria.
(2) which is exercised in bad faith;
(3) for the sole intent of prejudicing or injuring another The doctrine of volenti non fit injuria ("to which a person assents is not esteemed in law as injury" 47 )
refers to self-inflicted injury48 or to the consent to injury49 which precludes the recovery of damages by
one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing
Honesty — careful regard for other’s rights and property. so.
Good faith — honest intention to avoid taking undue advantage of another; refers to the state of the
mind which is manifested by the acts of the individual concerned. It consists of the intention to abstain
from taking an unconscionable and unscrupulous advantage of another.

Bad faith does not simply connote bad judgment or simple negligence, dishonest purpose or some
moral obliquity and conscious doing of a wrong, a breach of known duty due to some motives or interest
or ill-will that partakes of the nature of fraud.

Malice connotes ill-will or spite and speaks not in response to duty. It implies an intention to do ulterior
and unjustifi able harm. Malice is bad faith or bad motive.

Law and Equity


Art. 20. Every person who, contrary to law, willfully or negligently causes damage to Contra bonus mores: Any person who willfully causes loss or injury to another in a
another, shall indemnify the latter for the same. manner that is contrary to morals, good customs or public policy shall compensate
the latter for the damage.
Willful or Negligent Acts **Misconduct: implies a wrongful intention and not merely error in judgment.
The article punishes illegal acts whether done willfully or negligently. Thus, in the law
of torts or quasi-delicts — “Whoever by act or omission causes damage to another, Article 21 deals with acts contra bonus mores, and has the following elements:
there being fault or negligence, is obliged to pay for the damage done.’’ (Art. 2176, 1) There is an act which is legal;
Civil Code). 2) but which is contrary to morals, good customs, public order, or public policy;
3) and it is done with intent to injure.
Negligence has been defi ned as the failure to observe for the protection of the It presupposes loss or injury, material or otherwise, which one may suffer as a result
interests of another person that degree of care, precaution and vigilance which the of such
circumstances greatly demand, whereby such other person suffers injury. violation

Article 100 RPC: Civil liability of a person guilty of felony. – Every person criminally As a general rule: Not an actionable wrong
liable for a felony is also civilly liable. However by way of Exception breach of promise to
marry becomes an actionable wrong if:
Civil liability for delict: Every person who, contrary to law, willfully [dolo] or negligently 1. When there has been sexual intercourse:
[culpa] causes damage to another shall indemnify the latter for the same. a) The aggrieved party may ask the other to RECOGNIZE THE CHILD, should
Civil liability for quasi-delict: Also, whoever by act or omission causes damage to there be one, and PROVIDE SUPPORT to said child.
another, there being fault or negligence, but no pre-existing contractual relation b) Sue for MORAL DAMAGES, if there be criminal or moral seduction, but not if
between the parties, is obliged to pay for the damage done [Art. 2176]. the intercourse was due to mutual lust; if the cause be the promise to marry,
and the effect be the carnal knowledge, there is criminal or moral seduction.
c) Sue for ACTUAL DAMAGES, should there be any, such as the expenses for
Art. 21. Any person who willfully causes loss or injury to another in a manner that is the wedding preparations.
contrary to morals, good customs or public policy shall compensate the latter for the 2. When there was no sexual intercourse:
damage. a) Sue for MORAL DAMAGES in case there has been a deliberate desire to
inflict loss or injury or there has been an evident abuse of right.
Willful Acts Contrary to Morals b) Sue for ACTUAL DAMAGES, should there be any, such as the expenses for
Every good law draws its breath of life from morals, from those principles which are the wedding preparations.
written with words of fi re in the conscience of man. Furthermore, there is no belief of
more baneful consequences upon the social order than that a person may with [For the recovery of actual damages, yes. Thus, if a person gives another P500
impunity cause damage to his fellowmen so long as he does not break any law of the because the latter promised to marry the former, and the promise is not fulfi lled, the
State, though he may be defying ] the most sacred postulates of morality. What is money given can be recovered. Thus also, if a teacher resigns from her position
more, the victim loses faith in the ability of the government to afford him protection or because of a man’s promise to marry her, she can recover indemnity for damages if
relief. later on the promise is not fulfilled. The same thing may be said for the recovery of
wedding expenses, such as the wedding breakfast, the ceremony, the trousseau, the
Art. 21 was intended to expand the concept of torts in this jurisdiction by granting issuance of invitations, if one party fails to appear.
adequate legal remedy for the untold number of moral wrong which is impossible for
human foresight to specifi cally provide in the statutes. (b) Recovery of Moral Damages In Hermosisima v. Court of Appeals, et al., L-14628,
Sep. 30, 1960, the Supreme Court held that under the Civil Code, there can be no
recovery of moral damages for a breach of promise to marry, AS SUCH, the
omission in
the Civil Code of the proposed Chapter on Breach of Promise Suits is a clear 5. The indemnity cannot exceed the loss or enrichment, whichever is less.
manifestation of legislative intent not to sanction as such, suits for breach of promise (Reyes and Puno, Outline of Phil. Civil Law, Vol. 1).
to marry,
otherwise many “innocent men may become the victims of designing and In an accion in rem verso, mistake of payment need not be alleged because there is
unscrupulous females.’’ However, if there be seduction (as defi ned in Arts. 337 and a positive act, either by way of dolo or culpa, done by the offender party to the
338 of the Revised prejudice of the offended party. Rather, alleged only the wrongful acts.
Penal Code), moral damages may be recovered under Art. 2219, par. 3, of the Civil
Code. The Court, however, implied that if there be moral seduction as distinguished While in solutio indebite, mistake of payment must be alleged since there is no
from criminal seduction, there MAY BE a grant of moral damages, possibly under positive act done to induce the complaining party to pay by mistake.
Art. 21. In said Hermosisima case, however, it was the woman who virtually seduced
the man, by “surrendering herself’’ to him because she, a girl 10 years OLDER, was The incapacity of the defendant to enter into contracts does not bar the accion in rem
“overwhelmed by her love’’ for him.] verso, so long as he has been unjustly enriched.

Article 21 Distinguished from Article 20 The indemnity does not include unrealized profits because defendant‘s enrichment is
 In Art. 21 — The act is contrary to morals, good customs, or public policy. the limit of his liability.
In Art. 20 — The act is contrary to law.
 In Art. 21 — The act is done willfully. [NOTE: “Willful’’ may mean not merely Art. 23. Even when an act or event causing damage to another’s property was not
voluntarily but with a bad purpose] due to the fault or negligence of the defendant, the latter shall be liable for indemnity
 In Art. 20 — The act is done either willfully or negligently. if through the act or event he was benefited.
Art. 22. Every person who through an act of performance by another, or any other
means, acquires or comes into possession of something at the expense of the latter Basis: nemo cum alterius detrimento locupletori potest. - No person can enrich
without just or legal ground, shall return the same to him. himself at the expense of another.

Article embodies the maxim, Nemo ex alterius incommode debet lecupletari (“No Duty to indemnify even without fault: Even when an act or event causing damage to
man ought another‘s property was not due to the fault or negligence of the defendant, the latter
to be made rich out of another’s injury”). shall be liable for indemnity if through the act or event, he was benefited. Unless
Unjust enrichment: Every person who through an act of performance by another, or there is a duty to indemnify, unjust enrichment
any other means, acquires or comes into possession of something at the expense of will occur.
the latter without just or legal ground, shall return the same to him.

Requisites of accion in rem verso [action for restitution of the thing]: Illustration: A fire ensued in the village of A, B, C. The house of B and C are behind
Essential Requisites of an “Accion in Rem Verso’’ the house of A. To prevent the fire from spreading the firemen need to destroy the
1. One party must be enriched and the other made poorer. house of A. What is the liability of B and C?
2. There must be a casual relation between the two. They are liable to pay for the construction of the house of A because they benefited
3. The enrichment must not be justifi able (so if the law itself allows the from its destruction. If the house of A was not demolished by the firemen, the fire
enrichment, or if the enrichment results from a contract or from the would have gotten their respective houses.
impoverished person’s own negligence, there can be no recovery).
4. There must be no other way to recover (so if, for example, a tort action or a Art. 24. In all contractual, property or other relations, when one of the parties is at a
quasi-contract action is proper, it is not necessary to fi le a claim in rem disadvantage on account of his moral dependence, ignorance, indigence, mental
verso). (Reyes and Puno, Outline of Phil. Civil Law, Vol. 1, pp. 42-43; weakness,
Tolentino, Commentaries and Jurisprudence on the Civil Code, Vol. 1). tender age or other handicap, the courts must be vigilant for his protection.
Reason for the Courts’ Protection of the Underdog
The law takes great interest in the welfare of the weak and the handicapped. Thus,
we have “parens patriae” . In all contractual, property or other relations, when one of
the parties is at a disadvantage on account of his moral dependence, ignorance,
indigence, mental weakness, tender age of other handicap, the courts must be
vigilant for his protection.

Parens patriae: literally means father or parent of his country; it is the sovereign
power of the state in
safeguarding the rights of person under disability; it is the obligation to minimize the
risk to those who, because of their disability, are as yet unable to take care of
themselves, in case where the law is to be applied strictly.

“Vigilant for His Protection”


The phrase in general means that in case of doubt, the doubt must be resolved in
favor of the underdog.

Art. 25. Thoughtless extravagance in expenses for pleasure or display during a


period of acute public want or emergency may be stopped by order of the courts at
the instance of any government or private charitable institution.

REASON: Thoughtless extravagance in expenses for pleasure or display during a


period of acute public want or emergency may be stopped by order of the courts at
the instance of any government or private charitable institution.
Note: damages cannot be demanded as an alternative relief.

Who Can Bring the Action?


Only a charitable institution (whether government or private) may bring the action.
The Mayor of a city, should he desire to stop an alleged display of extravagance by a
social organization cannot summarily order the stopping all by himself. He has to ask
for a court order. A Mayor indeed cannot just take the law into his own hands, no
matter how noble or sincere his motive may be.

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