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PERSONS AND FAMILY RELATIONS > ARTICLE 6-14 CIVIL CODE > Flashcards

ARTICLE 6-14 CIVIL CODE Flashcards

1
Q

What is a right?

A

A right is a legally enforceable claim of one person against another, that the other shall do a given act, or shall not do a given act.

It is that which one person ought to have or receive from another, it being withheld from him, or not in his possession. In this sense, “right” has the force of “claim” and is properly expressed by the Latin term “jus”

It is a power, privilege or immunity guaranteed under a constitution, statutes, or decisional laws, or claimed as a result of long usage. (Black’s Law Dictionary)

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2
Q

What are the General Classifications of rights?

A
  1. Perfect - scope is clear, settled and determinate
  2. Imperfect - scope is vague and unfixed
  3. In Personam - one which imposes an obligation on a definite person
  4. In Rem - one which imposes an obligation on a definite person or persons generally
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3
Q

What are the classifications of rights under our constitution?

A
  1. Natural rights - those which grow out of the nature of man and depend upon personality
  2. Civil rights - those that belong to every citizen of the state
  3. Political rights - power to participate directly or indirectly in the establishment, or administration of government
  4. Personal rights - right of a person to security, comprising those of life, limb body, health, reputation and the right of personal liberty.
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4
Q

What is a waiver?

A

Waiver is the intentional or voluntary relinquishment of a known right.

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5
Q

T or F

Waivers are presumed.

A

False. Waivers are not presumed. Waivers must be clearly and convincingly shown either by express stipulation or acts admitting no other reasonable explanation.

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6
Q

What rights are unwaivable?

A
  1. Right to life
  2. Right to future support
  3. Right to personality or family rights
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7
Q

When is a waiver void?

A

A waiver is void when:

  1. The waiver is contrary to law, public order, public policy, morals or good customs
  2. Waiver is prejudicial to a 3rd person with a right recognized by law
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8
Q

In the case of Cui vs Arellano University, what was the ruling?

A

Emeterio Cui was made to sign the following waiver before he was admitted:

“In consideration of the scholarship granted to me by the University, I hereby waive my right to transfer to another school without having refunded to the University (defendant) the equivalent of my scholarship cash.”

This waiver is VOID for being contrary to public policy, hence null and void. It is contrary to public policy because the essence of scholarships are not to attract and to keep brilliant students in school for their propaganda value but to REWARD MERIT or HELP GIFTED STUDENTS in whom society has an established interest or a first lien.

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9
Q

T or F

If a person waives his inheritance to the prejudice of his own creditors, said waiver is valid.

A

False, void for being prejudicial to a 3rd person.

In this case, the creditor’s remedy is “Accion Pauliana” - Impugn the acts which the debtor may have done to defraud his creditors.

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10
Q

What are the requirements of a valid waiver?

A

HFCNF
1. The waiving party must actually HAVE the right he is renouncing

  1. The person waiving must have FULL CAPACITY to make the waiver. (Consent is not defective)
  2. The waiver must be CLEAR AND UNEQUIVOCAL
  3. The waiver must NOT BE CONTRARY TO LAW, PUBLIC MORALS, PUBLIC POLICY, MORALS OR GOOD CUSTOMS OR PREJUDICIAL TO 3RD PERSONS WITH A RIGHT RECOGNIZED BY LAW.
  4. FORMALITIES must be complied with because formalities are a requirement for the validity of the act.
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11
Q

T or F
Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse or custom or practice to the contrary.

A

True. Article 7

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12
Q

T or F
When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.

A

True. Article 7

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13
Q

T or F
Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or Constitution.

A

True. Article 7

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14
Q

What are the kinds of repeal of laws?

A

Repeal may be either:

  1. Express - when the repealing law provides for a provision or repealing clause explicitly stating that a particular existing law or part of law is thereby repealed.
  2. Implied - when there is no repealing clause in the repealing law, but the prior law and the subsequent law COULD NOT RECONCILE BEING SUBSTANTIALLY INCONSISTENT WITH ONE ANOTHER.
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15
Q

T or F

If two statutes can reasonably stand together, there is no repeal.

A

True.

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16
Q

Explain the rule when two rules are irreconcilable and there is a repealing clause in the later law.

A

There is express repeal.

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17
Q

Explain the rule when two rules are irreconcilable and there is no repealing clause in the later law.

A

A. If the 2 irreconcilable laws could reasonably stand together, there is NO REPEAL.

B. If the 2 irreconcilable laws could NOT reasonably stand together, there is an IMPLIED REPEAL.
1.) If both laws are of the SAME CATEGORY and they COVER THE SAME SUBJECT MATTER, the newer law prevails because the newer law manifests the legislator’s latest intention on the subject matter. (IMPLIED REPEAL OF PRIOR LAW)

  1. ) If one is GENERAL AND THE OTHER IS SPECIFIC
    a. The GENERAL LAW IS PRIOR TO THE SPECIAL LAW- the special law is considered merely an exception to the general law (NO REPEAL)

b. The SPECIFIC LAW IS PRIOR TO THE GENERAL LAW, THE SPECIAL LAW PREVAILS EXCEPT WHEN:
1. There is a clear, necessary, and irreconcilable conflict between the two
2. The general law covers the whole subject and is clearly intended to replace the special law

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18
Q

Explain the rules on revival of repealed laws.

A
  1. If the first law is REPEALED BY IMPLICATION by the second law, and the second law is repealed by the third law, THE FIRST LAW IS REVIVED UNLESS OTHERWISE PROVIDED BY THE 3RD LAW.
  2. If the first law is REPEALED EXPRESSLY by the second law, and the second law is repealed by the third law, THE FIRST LAW IS NOT REVIVED UNLESS OTHERWISE PROVIDED BY THE 3RD LAW.
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19
Q

T or F

Violations or non-observance of laws can be excused by disuse, or custom or practice to the contrary.

A

FALSE. Laws must be followed.

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20
Q

T or F

Administrative and executive acts, orders and regulations are superior to laws.

A

False.

Constitution > Laws > Administrative/executive acts &orders

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21
Q

T or F

Until a law has been declared void by a competent authority, it shall remain valid and effective.

A

True.

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22
Q

How does one attack the constitutionality of a law?

A

The Supreme Court is empowered by the Constitution to declare the unconstitutionality of a law, and the VOTE REQUIRED IS MAJORITY OF THE 15 JUSTICES (so at least 8) who shall take part in the deliberations on the issues in the case.

A law may be declared unconstitutional because:

  1. Its purpose or effect contravenes the Constitution or its basic principles.
  2. Arbitrary method may have been established
  3. The enactment of the new law is NOT WITHIN THE POWER OF THE LEGISLATIVE BODY TO ENACT
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23
Q

Why was RA 972 or known as the Bar Flunkers act deemed unconstitutional?

A

It was deemed unconstitutional because it was an encroachment by the legislative over the judiciaries’ power to admit members into the practice of law.

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24
Q

T or F
Judicial provisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.

A

True. (Art 8)

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25
Q

What is Jurisprudence?

A

Jurisprudence are doctrines formulated by the decisions of the Supreme Court.

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26
Q

T or F

Decisions of the lower courts can become part of jurisprudence.

A

False, they are not cited as authorities.

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27
Q

What is Stare Decisis?

A

The doctrine of stare decisis refers to the principle of ADHERENCE TO PRECEDENTS FOR REASONS OF STABILITY IN THE LAW.

It states that once a case has been decided one way, any other case involving the same point at issue should be decided in the same manner.

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28
Q

What does the Latin phrase “stare decisis et non quieta movere” mean?

A

It means to “stand by the thing and do not disturb the calm”

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29
Q

What are the instances wherein the doctrine of stare decisis is not followed?

A
  1. When the precedent is contrary to law. Law > precedent

2. If the precedent has ceased to be beneficial and useful to society in light of changing conditions.

30
Q

T or F
Abandonment of a principle or rule of law established by the Supreme Court must be based only on strong and compelling reasons, otherwise, the becoming virtue of predictability which is expected from the Court would be immeasurably affected and the public’s confidence in the stability of the solemn pronouncements diminished.

A

True.

31
Q

T or F
It is unethical for lawyers to cite as authorities decisions which have already been overruled and no longer controlling.

A

True.

32
Q

What are the kinds of stare decisis?

A
  1. Vertical Stare Decisis - Lower courts must apply decisions of higher courts to cases involving the same facts (OBLIGATION)
  2. Horizontal Stare Decisis - requires that higher courts must follow their own precedents (POLICY)
33
Q

T or F

Predictability and stability in the law is a major objective of the legal system.

A

True.

34
Q

What is an obiter dictum?

A

Obiter dictum is an opinion expressed by a court upon some question of law which is NOT NECESSARY TO THE DECISION OF THE CASE BEFORE IT.
It is a remark made and is NOT BINDING AS PRECEDENT.

35
Q

T or F

Obiter dictum are deemed precedent.

A

FALSE.

36
Q

T or F

No judge shall decline to render judgment by reason of silence, obscurity or insufficiency of the laws.

A

True. (Art 9)

37
Q

T or F
A judge may abstain or decline in adjudging a case when there is no law applicable, or when the law is vague or insufficient.

A

False, the judge shall not abstain or decline in adjudging the case.

38
Q

When in a case, there is no law applicable, or the law applicable is vague and insufficient, what are the guides a judge may use in adjudging said case?

A
  1. Decisions of foreign courts
  2. Opinions of known authors/professors
  3. Applicable rules of statutory construction
  4. Principles formulated in analogous cases

Provided that the above are not contrary to law, public morals, public policy, morals and good customs.

39
Q

T or F

When the law is clear, a court may adopt a different policy from the law when it is more just.

A

False. When the law is clear, the judge must apply the law.

40
Q

T or F
Article 9 which provides that no judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws, applies both to criminal and civil cases.

A

False. Article 9 applies only to civil cases

In criminal cases, when there is no law condemning the act, there is no crime based on the principle nullum crimen nulla poena sine lege

41
Q

T or F
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

A

True. (Art 10)

42
Q

Article 10 provides: “In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.”

What is the rationale behind this Article?

A

The rationale for Article 10 according to the Code Commission is: “so that it may tip up the scales in favor of right and justice when the law is doubtful or obscure and will STRENGTHEN THE DETERMINATION OF COURTS TO AVOID AN INJUSTICE.

43
Q

T or F

Customs which are contrary to law, public order or public policy shall not be countenanced.

A

True (Art 11)

44
Q

T or F

A custom must be proved as a fact according to the rules of evidence.

A

True (Art 12)

45
Q

What is a custom?

A

It is a rule of conduct formed by repetition of acts, uniformly observed and practiced as a social rule, legally binding and obligatory.

46
Q

Differentiate usage from custom.

A

Usage is a repetition of acts only, while custom is the law or general rule which arises from such repetition.

While there may be usage without custom, there can be no custom without a usage accompanying or preceding it.

47
Q

What are the kinds of customs?

A
  1. General Customs - customs that prevail throughout a country and become a law of that country and their existence is to be determined by the court.
  2. Local Customs- customs that prevail only in some particular district or locality.
  3. Particular Customs - those that only affect inhabitants of some particular district.
48
Q

What are the requisites to make a custom an obligatory rule?

A

Provided that the custom is not contrary to law, public morals, public policy, the following are the requisites to make a custom obligatory:

  1. Plurality of acts or the acts have been repeatedly done
  2. It is generally practiced by the great mass of the social group
  3. the practice has been going on for a long period of time
  4. The community accepts it as a proper way of acting, such that it is considered obligatory upon all.
49
Q

T or F
Customs must be proved as a fact and must be alleged in pleadings and its existence must be proved by evidence, either by testimony of witnesses or documents recognizing its existence and its observance for a long period of time.

A

True

50
Q

T or F

In our jurisdiction, the general principles of law is necessarily supreme to the law.

A

FALSE. In our jurisdiction, the law is necessarily supreme to the general principles of law.

51
Q

What is the concept of General Principles of Law?

A

It consists of the universal juridical standards dictated by correct reason; or those principles of justice beyond the variability and uncertainty of facts, those high standards which serve as a foundation to positive law.

52
Q

Discuss the rules on periods provided in Article 13 of the Civil Code.

A
  1. ONE YEAR IS 365 DAYS. If there are two or more years, it shall be computed as 365 * number of years
  2. ONE MONTH MEANS 30 DAYS, unless the name of the month is particularized. (March-31 days, April-30days)
  3. IF THERE IS A LEAP YEAR, DISTINGUISH THE FEB 29TH DAY.
  4. ONE DAY MEANS 24 HOURS.
  5. NIGHT MEANS SUNSET TO SUNRISE

A. If the act to be performed within the period arises from a CONTRACTUAL RELATIONSHIP, the act will become due and demandable notwithstanding the fact that the last day falls on a Sunday or holiday.

B. If the act to be performed within the period is prescribed or allowed by:
1. The Rules of Court
2. By an order of the court
3. Any other applicable statute
then the SUNDAY OR HOLIDAY WILL NOT BE CONSIDERED AS THE LAST DAY. THE LAST DAY WILL AUTOMATICALLY BE THE NEXT WORKING DAY. HERE THE PERIOD IS EXTENDED.

53
Q

T or F
The date of mailing is NOT considered the date of filing of any petition, motion, or paper addressed to a court/tribunal/administrative body.

A

FALSE. The DATE OF MAILING IS CONSIDERED THE DATE OF FILING of any petition, motion, or paper addressed to a court/tribunal/administrative body, BECAUSE THE POST OFFICE IS CONSIDERED AN AGENT OF THE GOVERNMENT.

54
Q

T or F
Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.

A

True. Article 14 - underlines the principle of territoriality.

55
Q

What are the exceptions to the principles of territoriality?

A
  1. Those who are exempt under principles of public international law such as diplomats and heads of states.
  2. Those expressly excluded from our jurisdiction due to treaty stipulations. This is in effect a waiver of our jurisdiction over certain cases.
56
Q

T or F
Laws relating to family rights and duties, or to the status, condition, and legal capacity of persons are binding upon citizens of the Philippines.

A

True. Article 15 which embodies the NATIONALITY/CITIZENSHIP RULE/THEORY.

57
Q

What matters are encompassed by the Nationality rule under Article 15 of the Civil Code?

A
  1. Marriage
  2. Annulment or nullification and its consequences
  3. Legal Separation
  4. Property relations
  5. Support
  6. Adoption
  7. Filiation
  8. Recognition
  9. Succession
  10. Parental Authority
  11. Emancipation

The above shall be governed by Philippine laws on Filipino citizens wherever they may be.

58
Q

T or F

A former Filipino is bound by Philippine personal laws after he acquires another state’s citizenship.

A

False. He is no longer bound since he is not a Filipino citizen anymore.

59
Q

What is legal capacity?

A

Legal capacity is the legal power to enter into binding obligations or to enjoy the privileges of a legal status

60
Q

What is testamentary capacity?

A

Testamentary capacity is the capacity to make a legally effective will. The following are prohibited from making a will:

  1. Those below 18yo
  2. Those of unsound mind at the will’s execution
61
Q

What is contractual capacity?

A

It is the capacity to enter into a legally binding contract.

62
Q

What is marital capacity?

A

Marital capacity is the capacity to enter into a valid marriage.

63
Q

What is the rationale behind Article 15(Nationality Rule)?

A

Personal laws follow Filipino citizens because it has been determined by general assent and common agreement among civilized nations that the laws relating to family rights and obligations and status, condition, and legal capacity of persons, ACCOMPANY A PERSON EVEN WHEN HE MOVES TO A FOREIGN COUNTRY BECAUSE SUCH LAWS ARE MORE SUITED TO HIS PERSONAL AFFAIRS.

64
Q

In the case of Famanila vs CA, was there a valid waiver?

A

Yes, there was a valid waiver.

Famanila claimed that his consent was vitiated when making the waiver of claims due to his disability.

There was no vitiation of consent because only MVIUF can vitiate consent, not disability. Also he did not present any proof to show that the waiver was not reasonable and acceptable. Not all waiver and quitclaims are invalid as against public policy.

It was shown that Famanila made the waiver voluntarily with full understanding of what he was doing, and that DIRE NECESSITY IS NOT AN ACCEPTABLE GROUND FOR THE ANNULMENT OF WAIVER since it has not been shown that Famanila was forced to sign it.

65
Q

T or F
It is only where there is clear proof that the waiver was wangled from an unsuspecting or gullible person, or the terms of the settlement are unconscionable on its face, that the law will step in to annul the questionable transaction.

A

True.

66
Q

T or F
A contract is perfected by mere consent and from that moment, the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which, according to their nature, may be keeping with good faith, usage and law.

A

True.

67
Q

In the case of Guy vs CA, why was the waiver void?

A

In Guy vs CA, petitioner alleged that the respondents who were illegitimate children no longer had claims over the property of the decedent because of RELEASE AND WAIVER OF CLAIM stating that in exchange for financial and educational assistance received from petitioner, the illegitimate children were discharged from the estate of the decedent and from any and all liabilities.

Said waiver is VOID because inheritance may not be repudiated without judicial approval. Repudiation amounts to an alienation of property which must pass the court’s scrutiny in order to protect the interest of the ward. The waiver is therefore VOID and will not bar private respondents from asserting their rights as heirs of the decedent.

Furthermore, a waiver is an INTENTIONAL RELINQUISHMENT OF A KNOWN RIGHT. Where one lacks knowledge of a right, there is no basis upon which waiver of it can rest. Ignorance of a material fact negates waiver, and waiver cannot be established by a consent given under mistake of misapprehension of fact.

Private respondents could not have possibly waived their successional rights because they are yet to prove their status as acknowledged illegitimate children of the deceased.

68
Q

What happened in the case of Anaban vs Anaban Alfiler?

A

Pedrito Anaban married Virgina Anaban in accordance with Ibaloi customs, but said marriage was dissolved by divorce after a few years still in accordance with Ibaloi customs.

Pedrito remarried, this time with Pepang, in accordance with Ibaloi customs. Pedrito died, and a dispute about properties ensued between the children of Virginia and Pepang.

Laws always prevail over customs. At the time of the said divorce in 1942, American laws were in force which provided that divorce can only be instituted based on CONCUBINAGE and ADULTERY. The divorce of Virginia and Pedrito was based on Virginia’s INSANITY. Therefore, the divorce was VOID FOR BEING CONTRARY TO LAW.

PETITION OF PEPANG’S CHILDREN WAS DENIED.

69
Q

What happened in the case of Silverio vs Republic?

A

Silverio underwent sex change and wanted to change his birth certificate from Rommel Silverio to Mely Silverio and male to female.

RTC and CA granted Silverio’s petition. The OSG filed a petition and it reached the Supreme Court.

The Supreme Court ruled that the changing of such entries FINDS NO SUPPORT IN EXISTING LEGISLATION.

RA 9048 provides that changes to the Civil Registrar may only be made if there are typographical or clerical errors, and none on SEX CHANGE.

Article 9 mandates that no judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the law. However, IT IS NOT A LICENSE FOR COURTS TO ENGAGE IN JUDICIAL LEGISLATION BECAUSE THE DUTY OF THE COURTS IS TO INTERPRET THE LAW AND NOT TO MAKE OR AMEND IT.

ARTICLE 9 DOES NOT MEAN THAT THE COURT CAN ENACT A LAW WHERE NO LAW EXISTS.

70
Q

What happened in the case of Del Socorro vs Van Wilsem?

A

There are several issues here:

  1. Del Socorro demands that Ernst Johan Van Wilsem support their child by RELYING ON ARTICLE 195 OF THE NEW CIVIL CODE. This is improper and cannot be the basis of support since VAN WILSEM IS A FOREIGNER, AND ARTICLE 15 STRESSES THE PRINCIPLE OF NATIONALITY. Therefore our personal laws do not apply to him. BUT THIS DOES NOT MEAN THAT RESPONDENT IS NOT OBLIGED TO SUPPORT HIS SON ANYMORE.
  2. Enter Doctrine of Processual Presumption. The party who wants to have a foreign law applied to a dispute has the burden of proving the foreign law. Also, if the foreign law is not properly pleaded and proved, PH courts will presume that the foreign law is the same as our law. Since the law of the Netherlands as regards support obligation has not been properly pleaded, it is presumed to be the same as PH law, which enforces the obligation to support children and penalizing non-compliance therewith.
  3. Based on 1 and 2 above, SC finds that the RESPONDENT MAY BE LIABLE for support and for violating Section 5 of RA 9262 for unjustly refusing or failing to give support to his son.
  4. Case was REMANDED for the examination of the probative value of the evidences presented as to the support given to his child and the truth and falsehoods of facts admitted.

PERSONS AND FAMILY RELATIONS (14 decks)

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