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.