Art 29 -47 Flashcards
prejudicial question/stipulation of fact case
Alano VS CA
The pre-trial conference shall consider the following:
(a) Plea bargaining
(b)Stipulation of facts
stipulation of facts
in a criminal case is recognized as declarations constituting judicial admissions, hence, binding upon the parties
doctrine of prejudicial question
comes into play in a situation where a civil action and a criminal action are both pending and there exists in the former an issue which must be preemptively resolved before the criminal action may proceed, because howsoever the issue raised in the civil action is resolved would be determinative of the guilt or innocence of the accused in the criminal action.
Alano VS CA Ruling
the stipulation of facts stated in the pre-trial order amounts to an admission by the petitioner resulting in the waiver of his right to present evidence on his behalf. While it is true that the right to present evidence is guaranteed under the Constitution,12 this right may be waived expressly or impliedly.13
Since the suspension of the criminal case due to a prejudicial question is only a procedural matter, the same is subject to a waiver by virtue of the prior acts of the accused. After all, the doctrine of waiver is made solely for the benefit and protection of the individual in his private capacity, if it can be dispensed with and relinquished without infringing on any public right and without detriment to the community at large.
concubinage/prejudicial question case
Beltran VS People of the Philippines
Beltran’s petitions
- his petition for declaration of nullity of his marriage should suspend a criminal case
- there is a possibility that two conflicting decisions might result from the civil case for annulment of marriage and the criminal case for concubinage.
two essential elements of prejudicial questions
(a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and
(b) the resolution of such issue determines whether or not the criminal action may proceed.
Art. 40 of the Family Code provides:
The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.
Beltran VS CA ruling
parties to the marriage should not be permitted to judge for themselves its nullity, for the same must be submitted to the judgment of the competent courts and only when the nullity of the marriage is so declared can it be held as void, and so long as there is no such declaration the presumption is that the marriage exists for all intents and purposes. Therefore, he who cohabits with a woman not his wife before the judicial declaration of nullity of the marriage assumes the risk of being prosecuted for concubinage.
bigamy - prejudicial question case
Bobis VS Bobis
Bobis VS Bobis Ruling
without first having obtained the judicial declaration of nullity of the first marriage, respondent can not be said to have validly entered into the second marriage. Per current jurisprudence, a marriage though void still needs a judicial declaration of such fact before any party can marry again; otherwise the second marriage will also be void.19 The reason is that, without a judicial declaration of its nullity, the first marriage is presumed to be subsisting. In the case at bar, respondent was for all legal intents and purposes regarded as a married man at the time he contracted his second marriage with petitioner.
Bigamy case with PRC
Te VS CA
Te VS CA Ruling
The outcome of the civil case for annulment of petitioner’s marriage to private respondent had no bearing upon the determination of petitioner’s innocence or guilt in the criminal case for bigamy, because all that is required for the charge of bigamy to prosper is that the first marriage be subsisting at the time the second marriage is contracted.23 Petitioner’s argument that the nullity of his marriage to private respondent had to be resolved first in the civil case before the criminal proceedings could continue, because a declaration that their marriage was void ab initio would necessarily absolve him from criminal liability, is untenable.
BP 22 and civil case pjq
Sabandal v. Tongco
Sabandal v. Tongco ruling
the pendency of a civil action, over payment did not pose a prejudicial question in the criminal cases for violation of Batas Pambansa Bilang 22. the issue in the criminal cases for violation of Batas Pambansa Bilang 22 is whether the accused knowingly issued worthless checks. Even if petitioner is shown to have overpaid respondent, it does not follow that he cannot be held liable for the bouncing checks he issued, for the mere issuance of worthless checks with knowledge of the insufficiency of funds to support the checks is itself an offense.
frustrated parricide case prejudicial question
Pimentel v. Pimentel
Pimentel v. Pimentel ruling
At the time of the commission of the alleged crime, petitioner and respondent were married. The subsequent dissolution of their marriage, in case the petition is granted, will have no effect on the alleged crime that was committed at the time of the subsistence of the marriage. In short, even if the marriage between petitioner and respondent is annulled, petitioner could still be held criminally liable since at the time of the commission of the alleged crime, he was still married to respondent.
juridical persons
those created by law
art 37
juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural persons and is lost only through death. capacity to act, which is the power to do acts with legal effects, is acquired and may be lost.
juridical capacity
Art. 37. Juridical capacity, which is the fitness to be the subject of 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.
capacity to act
power to do acts with legal effects
restrictions of capacity to act
- Minority
- Insanity of Imbecility
- State of being deaf-mute
- prodigality (morbid desire to prejudice the heirs of a person
- Civilian Interdiction
aborted while operation entitled to
moral damages, exemplary damages but not actual damages
art 42
Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.
how civil personality is extinguished
civil personality is extinguished by death. civil interdiction (civil death) merely restricts, not extinguishes, capacity to act.
effect of death is determined by
a. LAW
2. contract
c. will
legal effects of death
- the right to support ends
- marriage
- tenure in public office
- property of the deceased is still taxed the same
- authorized sale after death is not valid.
Civil personality extinguished case
Florendo v. Coloma
Florendo v. Coloma ruling
the supervening death of appellant did not extinguish her civil personality, the appellate court was well within its jurisdiction to proceed as it did with the case. There is no showing that the appellate court’s proceedings in the case were tainted with irregularities.
the heirs can follow through with the case
art 43
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, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.
presumptions on survivorship under the revised rule of court
1. if both were under 15 years,
2. if both were above 60,
3. if one is over 16 and the other is above 60
4. if both is over 15 and under 60 and of different sex, If the same sex t
5. if one is under 15 or over 60 and the other is between the ages,
- if both were under 15 years, the older is presumed to have survived.
- if both were above 60, the younger is presumed to have survived
- if one is over 16 and the other is above 60 the former is presumed to have survived
- if both is over 15 and under 60 and of different sex, the male is presumed to have survived. If the same sex then the older survived
- if one is under 15 or over 60 and the other is between the ages, the latter is presumed to have survived.
art 44
The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.
personality of private juridical person begins
from the moment a certificate of incorporation is granted to it. the certificate is granted upon filing the articles of incorporation with the Securities and Exchange Commission.
Juridical person
- is an artificial person whose rights arises from law
- it is organized from some very specific purposes, with corresponding rights and obligations.
- It’s existence is distinct and separate from those who organize or comprise it
laws governing juridical persons
public juridical persons - (State and public corporations) laws creating them or recognizing them (charters)
private juridical persons - laws of general application / RA 11232 - revised corporation code
partnership and associations - contract of partnership
nationality of juridical person
Generally determined by the place of incorporation except for (a) public utilities, acquisition of land and other natural resources it must be 60% Philippine owned (b) during war it goes down to the very nationality of the controlling stockholders.
rights of a juridical person
a. to acquire and possess property of all kinds
b. to incur obligations
c. to bring civil or criminal actions
can the catholic church in the philippines acquire lands? why?
yes. because catholic church is lawfully incorporated in said country. an entity or person distinct from the personality if the Pope and the Holy See.
citizenship
the status of being a citizen or of owing allegiance to a certain state for the privilege of being under its protection.
nationality
refers to the racial or ethnic relationship
3 kinds of citizenship
a. natural born citizens
b. naturalized citizens
c. citizens by election
theories on determination of citizenship
Jus Soli- if born in the country citizenship
jus sanguinis - follows the citizenship of the parents (Philippines)
hague convention on conflict of nationality laws
any question as to whether a person possesses the nationality of a particular state should be determined in accordance with the law of that state.
Citizenship 1987 constitution
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.
SECTION 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.
SECTION 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
qualification of naturalization
- not less than 21 years old during the hearing
- resides in the Philippines not less than 10 years
- be of good moral character
- own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation
- speak and write English or Spanish and any one of the principal Philippine languages;
- enrolled his minor children of school age, in public schools or private schools recognized by the Office of Private Education of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum
Special qualifications. for naturalization
- Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions thereof;
- Having established a new industry or introduced a useful invention in the Philippines;
- Being married to a Filipino woman;
- Having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of children of persons of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years;
disqualified for naturalization
- Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
- Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;
- Polygamists or believers in the practice of polygamy;
- Persons convicted of crimes involving moral turpitude;
- Persons suffering from mental alienation or incurable contagious diseases;
- Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;
- Citizens or subjects of nations with whom the United States 2and the Philippines are at war, during the period of such war;
- Citizens or subjects of a foreign country other than the United States 3whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.
reacquisition of citizenship
- take an oath
- child below 18 years old shall automatically acquire citizenship from parents
art. 48
The following are citizens of the Philippines:
(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines;
(2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines;
(3) Those whose fathers are citizens of the Philippines;
(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship;
(5) Those who are naturalized in accordance with law. (n)
Republic Act No. 9225
Citizenship Retention and Re-acquisition Act of 2003
Section 5. Civil and Political Rights and Liabilities RA 9225
(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act of 2003” and other existing laws;
(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;
(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath;
(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and
(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who:
(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.
art. 50
For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.
3 Kinds of domicile
a. domicile of origin - at the moment of birth
b. constructive domicile - refers to all those who lack capacity to choose their own domicle (infants, married women, idiots, and insane)
c. domicile of choice - voluntary will and action of the person concerned
domicile of origin of a legitimate child
domicile of choice of his father at the time of child’s birth
domicile of origin of an illegitimate child
domicile of choice of his mother at the time of child’s birth
domicile of origin of a ligitimated child
domicile of choice of his father at the time of child’s birth
domicile of origin of an adopted child
domicile of the real parents or parent by consanguinity
domicile of origin of a foundling
the country where it was found
constructive domicile of infant legitimate child
a domicile of choice of father, if no father is then then the mother’s
art. 328 and 333
a mother who contracts a subsequent marriage losses parental authority
after becoming a widow again, recovers the parental authority
(the legitimate child follows the domicile of whoever has parental authority if both dead the parent who died later.
constructive domicile of illegitimate child
domicile of choice of mother
constructive domicile of adopted child
domicile of choice of adopter
constructive domicile of a ward
domicile of choice of the guardian
constructive domicile married women
domicile of choice of husband or she can elect her domicile of choice for the following instances:
a. husband living abroad except if in service of the republic
b. if legally separated
c. forcibly ejects the wife from the conjugal home so he can have illicit relations with another
d. if there is separation de facto of the spouses
even if marriage is voidable, the domicile of wife id the domicile of choice of the husband
if the marriage is void, she had no constructive domicile
if husband is insane, wife can select domicile of choice
domicile for idiots, lunatics and the insane
the law assigns their domicile
below age of majority - considered infants, infant domicile rule
if above age of majority if with guardians - the domicile of choice of guardians. if no guardians - constructive domicile is the last domicile of choice before becoming insane, or are instances domicile of choice during lucid interval
what is the domicile of choice
the permanent home, the place to which whenever absent for business or pleasure, one intends to return and depends on the facts and circumstances, in the sense that they disclose intent
fundamental principles of domicile of choice
- no person must never be without domicile
- no person can have two or more domiciles at the same time except for purposes and from different legal viewpoint
- every sui juris may change his domicile
- once acquire it remains the domicile unless a new is obtained.
a. by a capacitated person
b. with freedom of choice
c. actual physical presence in the place
d. provable intent - animus manendi (intent to remain) or animus non-rivertendi (intent not to return to the original abode) - to effect the abandonment of one’s domicile, there must be a deliberate and provable choice of new domicile couple with residence to the new place and provable intent that it should be one’s fixed and permanent abode.
to acquire new domicile what things must concur?
(1) residence or bodily presence in the new locality;
(2) intention to remain there; and animus manendi
(3) intention to abandon the old domicile. animus non-rivertendi
who can’t acquire a domicile of choice
- idiots, lunatics and the insane - due to lack of freewill
- convict or prisoner - domicile of choice is the previous unless chose another after getting out of prison.
- involuntary exiles - domicile of choice if still the previous existing domicile no freedom of choice
- soldiers - because of they are compelled to follow the dictates of military exigencies domicile of choice if the last domicile at the time of their enlistment
- public officials and employees, diplomats and consular officers - their stay abroad is official and not for personal capacity (domicile is the previous domicile unless they manifest desire to take up permanent residence in the place of employment
naturalization
the process is acquiring citizenship of another country
domicile distinguished from residence
residence is more or less temporary, domicile is more or less permanent. one can have many residences but can only have one domicile
residence certificate
is not conclusive as to the real residence or domicile of the person owning the certificate
Constitutional safeguard domicile
art 3, sec 6 of 1987 constitution
The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
Penal safeguard domicile
The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.
civil safeguard domicle
art 32 civil code
civil personality
is merely theexternal manifestation n of either juridicalcapacity or capacity to act. Consequently,it may be defined as the aptitude of beingthe subject, active or passive, of rights andobligation
RULE 111 of Rules of Court
reservation of the right to institute separately the civil action
art 30
no criminal case instituted, can file civil case preponderance of evidence
art 31
may file independent civil action arised from obligation not arising from the criminal issue
art 32
government entities whether on not with criminal liability found liable of injury ca be subject to civil action, exception is judge
art 33
defamation, fraud or physical injuries - independent from criminal action may file separate civil action
Preponderance of evidence
art 34
failure of police to renders aid/protect liable for civil suits secondary liable is municipal
art 35
fiscal found no criminal offense, may file civil action,
civil action will be suspended upon filing of the prosecution of the information until termination of criminal proceedings
art 36
prejudicial question
art 38
Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.
art 39
The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law
art 40
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 conditions specified in the following article
art 41
Art. 41. For civil purposes, the fetus is considered born if it is alive at 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 it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
art 43
presumption of survivorship, who ever alleges should prove the same, if no proof all died the same time
art 45
Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships
art 46
Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.
art 47
Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of article 44, their property and other assets shall be disposed of in pursuance of lsaw or the charter creating them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same.
modes of dissolution of corporation
A corporation may be dissolved voluntarily or involuntarily. Voluntary dissolution could be done by (1) shortening the corporate term, (2) filing a request for dissolution (where no creditors are affected), and (3) filing a petition for dissolution (where creditors are affected)
For involuntary dissolution, Section 138 of the Revised Corporation Code (RCC) provides that the Securities and Exchange Commission (SEC) may motu proprio, or upon filing of a verified complaint by any interested party, dissolve a corporation for the following grounds: Non-use of their corporate charter; continuous inoperation of the corporation; upon receipt of a lawful court order dissolving the corporation; and upon finding by final judgment that it procured its incorporation through fraud.
when does the law grant independent civil action
- breach of constitutional rights
- defamation, fraud, physical injuries
- failure of city to provide protection
- art. 2177 - quasi delict or culpa aquilana
Art. 49.
Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.
art 51
Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions.
rules of determining the domicile of juridical person
- domicile provided for in the law creating or recognizing the, or article of agreement
- if not provided for get the place (a. legal representation is established, b. where they exercise principal functions)
