Art 29 -47

Question 1

prejudicial question/stipulation of fact case

Answer 1

Alano VS CA

Question 2

The pre-trial conference shall consider the following:

Answer 2

(a) Plea bargaining

(b)Stipulation of facts

Question 3

stipulation of facts

Answer 3

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

Question 4

doctrine of prejudicial question

Answer 4

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.

Question 5

Alano VS CA Ruling

Answer 5

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.

Question 6

concubinage/prejudicial question case

Answer 6

Beltran VS People of the Philippines

Question 7

Beltran’s petitions

Answer 7

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.

Question 8

two essential elements of prejudicial questions

Answer 8

(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.

Question 9

Art. 40 of the Family Code provides:

Answer 9

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.

Question 10

Beltran VS CA ruling

Answer 10

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.

Question 11

bigamy - prejudicial question case

Answer 11

Bobis VS Bobis

Question 12

Bobis VS Bobis Ruling

Answer 12

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.

Question 13

Bigamy case with PRC

Answer 13

Te VS CA

Question 14

Te VS CA Ruling

Answer 14

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.

Question 15

BP 22 and civil case pjq

Answer 15

Sabandal v. Tongco

Question 16

Sabandal v. Tongco ruling

Answer 16

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.

Question 17

frustrated parricide case prejudicial question

Answer 17

Pimentel v. Pimentel

Question 18

Pimentel v. Pimentel ruling

Answer 18

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.

Question 19

juridical persons

Answer 19

those created by law

Question 20

art 37

Answer 20

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.

Question 21

juridical capacity

Answer 21

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.

Question 22

capacity to act

Answer 22

power to do acts with legal effects

Question 23

restrictions of capacity to act

Answer 23

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

Question 24

aborted while operation entitled to

Answer 24

moral damages, exemplary damages but not actual damages

Question 25

art 42

Answer 25

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.

Question 26

how civil personality is extinguished

Answer 26

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

Question 27

effect of death is determined by

Answer 27

a. LAW 2. contract c. will

Question 28

legal effects of death

Answer 28

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.

Question 29

Civil personality extinguished case

Answer 29

Florendo v. Coloma

Question 30

Florendo v. Coloma ruling

Answer 30

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

Question 31

art 43

Answer 31

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.

Question 32

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,

Answer 32

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.

Question 33

art 44

Answer 33

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.

Question 34

personality of private juridical person begins

Answer 34

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.

Question 35

Juridical person

Answer 35

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

Question 36

laws governing juridical persons

Answer 36

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

Question 37

nationality of juridical person

Answer 37

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.

Question 38

rights of a juridical person

Answer 38

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

Question 39

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

Answer 39

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.

Question 40

citizenship

Answer 40

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

Question 41

nationality

Answer 41

refers to the racial or ethnic relationship

Question 42

3 kinds of citizenship

Answer 42

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

Question 43

theories on determination of citizenship

Answer 43

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

Question 44

hague convention on conflict of nationality laws

Answer 44

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.

Question 45

Citizenship 1987 constitution

Answer 45

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.

Question 46

qualification of naturalization

Answer 46

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

Question 47

Special qualifications. for naturalization

Answer 47

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;

Question 48

disqualified for naturalization

Answer 48

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.

Question 49

reacquisition of citizenship

Answer 49

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

Question 50

art. 48

Answer 50

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)

Question 51

Republic Act No. 9225

Answer 51

Citizenship Retention and Re-acquisition Act of 2003

Question 52

Section 5. Civil and Political Rights and Liabilities RA 9225

Answer 52

(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.

Question 53

art. 50

Answer 53

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

Question 54

3 Kinds of domicile

Answer 54

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

Question 55

domicile of origin of a legitimate child

Answer 55

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

Question 56

domicile of origin of an illegitimate child

Answer 56

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

Question 57

domicile of origin of a ligitimated child

Answer 57

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

Question 58

domicile of origin of an adopted child

Answer 58

domicile of the real parents or parent by consanguinity

Question 59

domicile of origin of a foundling

Answer 59

the country where it was found

Question 60

constructive domicile of infant legitimate child

Answer 60

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

Question 61

art. 328 and 333

Answer 61

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.

Question 62

constructive domicile of illegitimate child

Answer 62

domicile of choice of mother

Question 63

constructive domicile of adopted child

Answer 63

domicile of choice of adopter

Question 64

constructive domicile of a ward

Answer 64

domicile of choice of the guardian

Question 65

constructive domicile married women

Answer 65

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

Question 66

domicile for idiots, lunatics and the insane

Answer 66

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

Question 67

what is the domicile of choice

Answer 67

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

Question 68

fundamental principles of domicile of choice

Answer 68

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.

Question 69

to acquire new domicile what things must concur?

Answer 69

(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

Question 70

who can't acquire a domicile of choice

Answer 70

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

Question 71

naturalization

Answer 71

the process is acquiring citizenship of another country

Question 72

domicile distinguished from residence

Answer 72

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

Question 73

residence certificate

Answer 73

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

Question 74

Constitutional safeguard domicile

Answer 74

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.

Question 75

Penal safeguard domicile

Answer 75

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.

Question 76

civil safeguard domicle

Answer 76

art 32 civil code

Question 77

civil personality

Answer 77

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

Question 78

RULE 111 of Rules of Court

Answer 78

reservation of the right to institute separately the civil action

Question 79

art 30

Answer 79

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

Question 80

art 31

Answer 80

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

Question 81

art 32

Answer 81

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

Question 82

art 33

Answer 82

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

Question 83

art 34

Answer 83

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

Question 84

art 35

Answer 84

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

Question 85

art 36

Answer 85

prejudicial question

Question 86

art 38

Answer 86

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.

Question 87

art 39

Answer 87

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

Question 88

art 40

Answer 88

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

Question 89

art 41

Answer 89

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)

Question 90

art 43

Answer 90

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

Question 91

art 45

Answer 91

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

Question 92

art 46

Answer 92

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.

Question 93

art 47

Answer 93

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.

Question 94

modes of dissolution of corporation

Answer 94

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.

Question 95

when does the law grant independent civil action

Answer 95

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

Question 96

Art. 49.

Answer 96

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

Question 97

art 51

Answer 97

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.

Question 98

rules of determining the domicile of juridical person

Answer 98

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)