Art 29 -47 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

prejudicial question/stipulation of fact case

A

Alano VS CA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The pre-trial conference shall consider the following:

A

(a) Plea bargaining

(b)Stipulation of facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

stipulation of facts

A

in a criminal case is recognized as declarations constituting judicial admissions, hence, binding upon the parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

doctrine of prejudicial question

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Alano VS CA Ruling

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

concubinage/prejudicial question case

A

Beltran VS People of the Philippines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Beltran’s petitions

A
  1. his petition for declaration of nullity of his marriage should suspend a criminal case
  2. there is a possibility that two conflicting decisions might result from the civil case for annulment of marriage and the criminal case for concubinage.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

two essential elements of prejudicial questions

A

(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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Art. 40 of the Family Code provides:

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Beltran VS CA ruling

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

bigamy - prejudicial question case

A

Bobis VS Bobis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Bobis VS Bobis Ruling

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Bigamy case with PRC

A

Te VS CA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Te VS CA Ruling

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

BP 22 and civil case pjq

A

Sabandal v. Tongco

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Sabandal v. Tongco ruling

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

frustrated parricide case prejudicial question

A

Pimentel v. Pimentel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Pimentel v. Pimentel ruling

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

juridical persons

A

those created by law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

art 37

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

juridical capacity

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

capacity to act

A

power to do acts with legal effects

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

restrictions of capacity to act

A
  1. Minority
  2. Insanity of Imbecility
  3. State of being deaf-mute
  4. prodigality (morbid desire to prejudice the heirs of a person
  5. Civilian Interdiction
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

aborted while operation entitled to

A

moral damages, exemplary damages but not actual damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

art 42

A

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 well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

how civil personality is extinguished

A

civil personality is extinguished by death. civil interdiction (civil death) merely restricts, not extinguishes, capacity to act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

effect of death is determined by

A

a. LAW
2. contract
c. will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

legal effects of death

A
  1. the right to support ends
  2. marriage
  3. tenure in public office
  4. property of the deceased is still taxed the same
  5. authorized sale after death is not valid.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Civil personality extinguished case

A

Florendo v. Coloma

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Florendo v. Coloma ruling

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

art 43

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

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,

A
  1. if both were under 15 years, the older is presumed to have survived.
  2. if both were above 60, the younger is presumed to have survived
  3. if one is over 16 and the other is above 60 the former is presumed to have survived
  4. 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
  5. if one is under 15 or over 60 and the other is between the ages, the latter is presumed to have survived.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

art 44

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

personality of private juridical person begins

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Juridical person

A
  1. is an artificial person whose rights arises from law
  2. it is organized from some very specific purposes, with corresponding rights and obligations.
  3. It’s existence is distinct and separate from those who organize or comprise it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

laws governing juridical persons

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

nationality of juridical person

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

rights of a juridical person

A

a. to acquire and possess property of all kinds
b. to incur obligations
c. to bring civil or criminal actions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

can the catholic church in the philippines acquire lands? why?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

citizenship

A

the status of being a citizen or of owing allegiance to a certain state for the privilege of being under its protection.

41
Q

nationality

A

refers to the racial or ethnic relationship

42
Q

3 kinds of citizenship

A

a. natural born citizens
b. naturalized citizens
c. citizens by election

43
Q

theories on determination of citizenship

A

Jus Soli- if born in the country citizenship
jus sanguinis - follows the citizenship of the parents (Philippines)

44
Q

hague convention on conflict of nationality laws

A

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.

45
Q

Citizenship 1987 constitution

A

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.

46
Q

qualification of naturalization

A
  1. not less than 21 years old during the hearing
  2. resides in the Philippines not less than 10 years
  3. be of good moral character
  4. 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
  5. speak and write English or Spanish and any one of the principal Philippine languages;
  6. 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
47
Q

Special qualifications. for naturalization

A
  1. Having honorably held office under the Government of the Philippines or under that of any of the provinces, cities, municipalities, or political subdivisions thereof;
  2. Having established a new industry or introduced a useful invention in the Philippines;
  3. Being married to a Filipino woman;
  4. 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;
48
Q

disqualified for naturalization

A
  1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
  2. Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;
  3. Polygamists or believers in the practice of polygamy;
  4. Persons convicted of crimes involving moral turpitude;
  5. Persons suffering from mental alienation or incurable contagious diseases;
  6. 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;
  7. Citizens or subjects of nations with whom the United States 2and the Philippines are at war, during the period of such war;
  8. 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.
49
Q

reacquisition of citizenship

A
  1. take an oath
  2. child below 18 years old shall automatically acquire citizenship from parents
50
Q

art. 48

A

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)

51
Q

Republic Act No. 9225

A

Citizenship Retention and Re-acquisition Act of 2003

52
Q

Section 5. Civil and Political Rights and Liabilities RA 9225

A

(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.

53
Q

art. 50

A

For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence.

54
Q

3 Kinds of domicile

A

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

55
Q

domicile of origin of a legitimate child

A

domicile of choice of his father at the time of child’s birth

56
Q

domicile of origin of an illegitimate child

A

domicile of choice of his mother at the time of child’s birth

57
Q

domicile of origin of a ligitimated child

A

domicile of choice of his father at the time of child’s birth

58
Q

domicile of origin of an adopted child

A

domicile of the real parents or parent by consanguinity

59
Q

domicile of origin of a foundling

A

the country where it was found

60
Q

constructive domicile of infant legitimate child

A

a domicile of choice of father, if no father is then then the mother’s

61
Q

art. 328 and 333

A

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.

62
Q

constructive domicile of illegitimate child

A

domicile of choice of mother

63
Q

constructive domicile of adopted child

A

domicile of choice of adopter

64
Q

constructive domicile of a ward

A

domicile of choice of the guardian

65
Q

constructive domicile married women

A

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

66
Q

domicile for idiots, lunatics and the insane

A

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

67
Q

what is the domicile of choice

A

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

68
Q

fundamental principles of domicile of choice

A
  1. no person must never be without domicile
  2. no person can have two or more domiciles at the same time except for purposes and from different legal viewpoint
  3. every sui juris may change his domicile
  4. 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.
69
Q

to acquire new domicile what things must concur?

A

(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

70
Q

who can’t acquire a domicile of choice

A
  1. idiots, lunatics and the insane - due to lack of freewill
  2. convict or prisoner - domicile of choice is the previous unless chose another after getting out of prison.
  3. involuntary exiles - domicile of choice if still the previous existing domicile no freedom of choice
  4. 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
  5. 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
71
Q

naturalization

A

the process is acquiring citizenship of another country

72
Q

domicile distinguished from residence

A

residence is more or less temporary, domicile is more or less permanent. one can have many residences but can only have one domicile

73
Q

residence certificate

A

is not conclusive as to the real residence or domicile of the person owning the certificate

74
Q

Constitutional safeguard domicile

A

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.

75
Q

Penal safeguard domicile

A

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.

76
Q

civil safeguard domicle

A

art 32 civil code

77
Q

civil personality

A

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

78
Q

RULE 111 of Rules of Court

A

reservation of the right to institute separately the civil action

79
Q

art 30

A

no criminal case instituted, can file civil case preponderance of evidence

80
Q

art 31

A

may file independent civil action arised from obligation not arising from the criminal issue

81
Q

art 32

A

government entities whether on not with criminal liability found liable of injury ca be subject to civil action, exception is judge

82
Q

art 33

A

defamation, fraud or physical injuries - independent from criminal action may file separate civil action
Preponderance of evidence

83
Q

art 34

A

failure of police to renders aid/protect liable for civil suits secondary liable is municipal

84
Q

art 35

A

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

85
Q

art 36

A

prejudicial question

86
Q

art 38

A

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.

87
Q

art 39

A

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

88
Q

art 40

A

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

89
Q

art 41

A

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)

90
Q

art 43

A

presumption of survivorship, who ever alleges should prove the same, if no proof all died the same time

91
Q

art 45

A

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

92
Q

art 46

A

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.

93
Q

art 47

A

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.

94
Q

modes of dissolution of corporation

A

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.

95
Q

when does the law grant independent civil action

A
  1. breach of constitutional rights
  2. defamation, fraud, physical injuries
  3. failure of city to provide protection
  4. art. 2177 - quasi delict or culpa aquilana
96
Q

Art. 49.

A

Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.

97
Q

art 51

A

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.

98
Q

rules of determining the domicile of juridical person

A
  1. domicile provided for in the law creating or recognizing the, or article of agreement
  2. if not provided for get the place (a. legal representation is established, b. where they exercise principal functions)