Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
To Memorize: are obliged to support each other to the extent set forth in the proceeding
article:
1. The spouses;
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2. Legitimate ascendants and descendants;
Article 4 Section 1. The following are citizens of the Philippines 3. Parents and their legitimate children and legitimate and
1. Those who are citizens of the Philippines at the time of the illegitimate children of the latter;
adoption of this constitution; 4. Parents and their illegitimate children and legitimate and
2. Those who are fathers and mothers are citizens of the illegitimate children of the latter; and
Article 14. Penal laws and those of public security and safety shall be obligatory
The education of the person entitled to be supported referred to in the
upon all who live or sojourn in Philippine territory.
preceding paragraph shall include his schooling or training for some
profession, trade or vacation, even beyond the age of majority. Transportation
Article 15. Laws relating to family rights and duties or to the status, condition
shall include expenses in going to and from school, or to and from place of
and legal capacity of persons are binding upon citizens of the Philippines, even
work.
though lived abroad.
MODULE 3: Cannons Cannon 8 – A lawyer shall conduct himself with courtesy, fairness and candor
towards his professional colleagues, and shall avoid harassing tactics against
Cannon 1 – A lawyer shall uphold the constitution, obey the laws of the land opposing counsel.
and promote respect for law and for legal processes.
Cannon 3 – a lawyer in making known his legal services shall use only true,
Cannon 11 – A lawyer shall observe and maintain the respect due to the courts
honest, fair dignified and objective information or statement of facts.
and judicial officers and should insist on similar conduct by others.
Cannon 4 – A lawyer shall participate in the improvement of the legal system
by initiating or supporting efforts in law reform and in the improvement of the
Cannon 12 – A lawyer shall exert every effort and consider it his duty to assist
administration of justice.
in the speedy and efficient administration of justice.
Article 2. No marriage shall be valid, unless these essential requites are present:
Cannon 18 – A lawyer shall serve his client with competence and diligence. 1. Legal capacity of the contracting parties who must be a male and a
female; and
Cannon 19 – A lawyer shall represent his client with zeal within the bounds of 2. Consent freely given in the presence of the solemnizing officer.
the law.
Article 3. The formal requisites of marriage are:
Cannon 20 – A lawyer shall charge only fair and reasonable fees. 1. Authority of the solemnizing officer;
2. A valid marriage license except in the cases provided for in Chapter 1
Cannon 21 – A lawyer shall preserve the confidences and secrets of his client of this title; and
even after the attorney-client relation terminated. 3. A marriage ceremony which takes place with the appearance of the
contracting parties before the solemnizing officer and their personal
Cannon 22 – A lawyer shall withdraw his services only for good cause and upon declaration that they take each other as husband and wife in the
notice appropriate in the circumstances. presence of not less than two witnesses of legal age.
2. Those solemnized by any person not legally authorize to perform up to the fourth civil degree;
marriages unless such marriages were contracted with either or both 2. Between step-parents and step-children;
parties believing in good faith that the solemnizing officer had the 3. Between parents-in-law and children-in-law;
legal authority to do so; 4. Between the adopting parent and adopted child;
3. Those solemnized without license, except those covered by the 5. Between the surviving spouse of the adopting parent and the
proceeding chapter; adopted child;
4. Those bigamous or polygamous marriages not falling under Article 6. Between the surviving spouse of the adopted child and the adoptee;
41; 7. Between an adopted child and a legitimate child of the adopter;
5. Those contracted through mistake of one contracting party as to the 8. Between adopted children of same adopter; and
identity of the other; and 9. Between parties where one, with the intention to marry the other,
6. Those subsequent marriages that are void under Article 53. killed that other person’s spouse, or his or her own spouse.
Article 36. A marriage contracted by any party who, at the time of the Article 46. Any of the following circumstances shall constitute fraud referred to
celebration, was psychologically incapacitated to comply with the essential in number 3 of the proceeding article:
marital obligation of marriage, shall like be void even if such incapacity 1. Non-disclosure of a previous conviction by final judgement of the
becomes manifest only after its solemnization. other party of a crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage,
Article 37. marriages between the following are incestuous and void from the she was pregnant by a man other than her husband;
beginning, whether the relationship between the parties be legitimate or 3. Concealment of Sexual Transmitted Disease, regardless of its nature,
1. Between ascendants and descendants of any degree; and 4. Concealment of drug addiction, habitual alcoholism, homosexuality
2. Between brothers and sisters, whether full or half blood. or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune, or 1. Repeated physical violence or grossly abusive conduct directed
chastity shall constitute such fraud as will give grounds for action for the against the petitioner, a common child or a child of the petitioner;
annulment of marriage. 2. Physical violence or moral pressure to compel the petitioner to
person having legal charge of the minor, at any time before such party 5. Drug addiction or habitual alcoholism of the respondent;
reaches the age of twenty-one; 6. Lesbianism or homosexuality of the respondent;
2. For causes mentioned in Number 2 of Article 45, by the sane spouse, 7. Contracting by the respondent of a subsequent bigamous marriage,
who had no knowledge of the other’s insanity; or by any relative, whether in the Philippines or abroad;
guardian, or person having legal charge of the insane, at any time 8. Sexual fidelity or perversion;
before the death of either party; or by insane spouse during lucid 9. Attempt by the respondent against the life of the petitioner; or
interval or after retaining sanity; 10. Abandonment of the petitioner by respondent without justifiable
3. For causes mentioned in Number 3 of Article 45, by the injured party, causes for more than one year.
within five years after the discovery of the fraud; For purposes of this Article, the term “child” shall include a child by nature or
4. For causes mentioned in Number 4 of Article 45, by the injured party, by adoption.
within five years from the time the force, intimidation or undue
influence disappeared or ceased; MODULE 8
5. For causes mentioned in Number 5 and 6 of Article 45, by the injured
Article 1156. An obligation is a juridical necessity, to give, to do or not to do.
party, within five years after the marriage.
5. Quasi-delicts.
Article 1164. the creditor has the right to the fruit of the thing from the time of MODULE 9
the obligation to deliver it arises. However, he shall acquire no real right over
Article 1305. A contract is a meeting of minds between two persons whereby
it until the same has been delivered to him.
one binds himself, with respect to the other, to give to do or not to do.
Article 1169. those obliged to deliver or to something incur in delay from the
Article 1306. The contracting parties may establish such stipulation, clauses,
time the oblige judicially or extra-judicially, demands from them the fulfillment
terms and conditions as they may deem convenient, provided they are not
of their obligation.
contrary to law, morals, good customs, public order or public policy.
Article 1170. those who in the performance of their obligations are guilty of
Article 1318. There is no contract unless the following requisites concur:
fraud, negligence, or delay and those who in any manner contravene the tenor
1. Consent of the contracting parties;
thereof, are liable for damages.
2. Object certain which is the subject matter of the contract;
3. Causes of the obligation which is established.
Article 1174. except in cases expressly specified by the law, or when it is
otherwise declared by stipulation, or when the nature of the obligation requires
the assumption of risk, no person shall be responsible for those events which
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could not be foreseen, or which though foreseen, were inevitable.
Section 52. A holder in due course is one who has taken the instrument under
the following conditions:
1. That is complete the regular upon its face;
2. That he became the holder of the instrument before it was overdue,
and without notice that it had been previously dishonored, if such was
the fact;
3. That he took it in good faith and for value;
4. That at the time it was negotiated to him he had no notice of any
infirmity in the instrument or defect in the title of the person
negotiating it.