CIVILization Flashcards
Newspaper of General Circulation
To be a newspaper of general circulation, it is enough that it is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; and that it is published at regular intervals. The newspaper must not also be devoted to the interests or published for the entertainment of a particular class, profession, trade, calling, race or religious denomination. The newspaper need not have the largest circulation so long as it is of general circulation. (Perez vs. Perez, G.R. No. 143768, March 28, 2005)
May procedural laws be given retroactive effect?
Yes. Procedural laws may be given retroactive effect to actions pending and undetermined at the time of their passage, there being no vested rights in rules of procedure.
Do interpretations of law made by courts have retroactive effect?
Yes. Interpretations of law made by courts necessarily always have a “retroactive” effect. The Supreme Court (SC), in construing the law, merely declares what a particular provision has always meant. It does not create new legal obligations. The SC does not have the power to legislate.
The general rule that a rule of procedure can be given retroactive effect admits of exceptions, such as
a. where the rule itself expressly; or
b. by necessary implication provides that pending actions are excepted from its operation; or
c. where to apply it to pending proceedings would impair vested
rights.
Rights may be waived, unless the waiver is
Contrary to:
a. law
b. public order
c. public policy
d. morals or
e. good customs
or prejudicial to a third person with a right to be recognized by law
For there to be a valid waiver, the following requisites are essential:
(1) that the person making
the waiver possesses the right
(2) that he has the capacity and power to dispose of the right
(3) that the waiver must be clear and unequivocal although it may be made expressly or impliedly, and
(4) that the waiver is not contrary to law, public policy, public order, morals, good customs or prejudicial to a third person with a right recognized by law.
Pro hac vice
Pro hac vice means a specific decision does not constitute a precedent because the decision is for the specific case only, not to be followed in other cases. A pro hac vice decision violates statutory law — Article 8 of the Civil Code — which states that “judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”
The decision of the Court in this case cannot be pro hac vice because by mandate of the law every decision of the Court forms part of the legal system of the Philippines. If another case comes up with the same facts as the present case, that case must be decided in the same way as this case to comply with the constitutional mandate of equal protection of the law. Thus, a pro hac vice decision also violates the equal protection clause of the Constitution. Knights of Rizal vs. DMCI Homes, Inc., G.R. No. 213948, April 25, 2017
A year is composed of
Under the Administrative Code of 1987, a year is composed of 12 calendar months. Needless to state, under the Administrative Code of 1987, the number of days is irrelevant.
Forum non conveniens
Under the doctrine of forum non conveniens, a Philippine court in a conflict-of-laws case may assume jurisdiction if it chooses to do so, provided, that the following requisites are met:
(1) that the Philippine Court is one to which the parties may conveniently resort to;
(2) that the Philippine Court is in a position to make an intelligent decision as to the law and the facts; and
(3) that the Philippine Court has or is likely to have power to enforce its decision.
Doctrine of processual presumption
Under the doctrine of processual presumption, the party invoking the application of a foreign law has the burden of proving the law. The foreign law is treated as a question of fact to be properly pleaded and proved as the judge or labor arbiter cannot take judicial notice of a foreign law. However, where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours. (In the Matter of the Testate Estate of Aida A. Bambao, Linda A. Kucskar v. Sekito Jr., G.R. No. 237449, December 2, 2020)
Is the effect of foreign judgment automatic?
No. The effect of a foreign judgment is not automatic. To extend the effect of a foreign judgment in the Philippines, Philippine courts must determine if the foreign judgment is consistent with domestic public policy and other mandatory laws.
Thus, the Philippine State may require, for effectivity in the Philippines, recognition by Philippine courts of a foreign judgment affecting its citizen, over whom it exercises personal jurisdiction relating to the status, condition and legal capacity of such citizen.
Rule of lex nationalii
A foreign judgment relating to the status of a marriage affects the civil status, condition and legal capacity of its parties. Article 15 of the Civil Code provides that “laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.”
Lex loci rei sitae
All matters concerning the title and disposition of real property are determined by what is known as the lex loci rei sitae, which can alone prescribe the mode by which a title can pass from one person to another, or by which an interest therein can be gained or lost.
It is a universal principle that real or immovable property is exclusively subject to the laws of the country or state where it is located. The reason is found in the very nature of immovable property — its immobility. Immovables are part of the country and so closely connected to it that all rights over them have their natural center of gravity there.
This general principle includes all rules governing the descent, alienation and transfer of immovable property and the validity, effect and construction of wills and other conveyances. This principle even governs the capacity of the person making a deed relating to immovable property, no matter what its nature may be. Thus, an instrument will be ineffective to transfer title to land if the person making it is incapacitated by the lex loci rei sitae, even though under the law of his domicile and by the law of the place where the instrument is actually made, his capacity is undoubted. Orion Savings Bank vs. Suzuki, G.R. No. 205487,
November 12, 2014
Lex contractus
The doctrine of lex contractus or lex loci contractus means the “law of the place where a contract is executed or to be performed.” Hasegawa vs. Kitamura, G.R. No. 149177, November 23, 2007
Lex fori
On this note, we highlight that matters of remedy and procedure such as those relating to the service of process upon a defendant are governed by the lex fori or the internal law of the forum, which is the State of California in this case. This Court is well aware that foreign laws are not a matter of judicial notice. Like any other fact, they must be alleged and proven. Mercantile
Insurance Co., Inc. vs. Yi, G.R. No. 234501, March 18, 2019
Lex loci delicti
This is in consonance with the lex loci delicti commisi theory in determining the situs of a tort, which states that the law of the place where the alleged wrong was committed will govern the action. Navida vs. Dizon, Jr., G.R. No. 125078, May 30, 2011
Lex loci solutionis
Philippine law is definite as to what governs the formal or extrinsic validity of contracts. The first paragraph of Article 17 of the Civil Code provides that “[t]he forms and solemnities of contracts shall be governed by the laws of the country in which they are executed” (i.e., lex loci celebrationis).
Established mode of settling conflict of laws situations on matters pertaining to substantive content of contracts
In contrast, there is no statutorily established mode of settling conflict of laws situations on matters pertaining to substantive content of contracts. It has been noted that three (3) modes have emerged: (1) lex loci contractus or the law of the place of the making; (2) lex loci solutionis or the law of the place of performance; and (3) lex loci intentionis or the law intended by the parties. Saudi Arabian Airlines (Saudia) vs. Rebesencio, G.R. No. 198587, January 14, 2015
For Philippine courts to recognize a foreign judgment relating to the status of a marriage where one of the parties is a citizen of a foreign country, the petitioner needs to
For Philippine courts to recognize a foreign judgment relating to the status of a marriage where one of the parties is a citizen of a foreign country, the petitioner only needs to prove the foreign judgment as a fact under the Rules of Court.
To be more specific, a copy of the foreign judgment may be admitted in evidence and proven as a fact under the Rules of Court. Petitioner may prove the Japanese Family Court judgment through (1) an official publication or (2) a certification or copy attested by the officer who has custody of the judgment. If the office which has custody is in a foreign country such as Japan, the certification may be made by the proper diplomatic or consular officer of the Philippine foreign service in Japan and authenticated by the seal of office. Fujiki vs. Marinay, G.R. No. 196049, June 26, 2013
Once a foreign judgment is admitted and proven in a Philippine court, it can only be repelled on _____
Once a foreign judgment is admitted and proven in a Philippine court, it can only be repelled on grounds external to its merits.
Section 48 of the Rules of Court states that “the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.”
Thus, Philippine courts exercise limited review on foreign judgments. Courts are not allowed to delve into the merits of a foreign judgment.
Article 19 of the Civil Code
Article 19 of the Civil Code provides that every person in the exercise of his rights and in the performance of his duties must act with justice, give everyone his due, and observe honesty and good faith.
Article 19, known to contain what is commonly referred to as the principle of abuse of rights, sets certain standards which may be observed not only in the exercise of one’s rights but also in the performance of one’s duties. In this regard, case law states that “a right, though by itself legal because it is recognized or granted by law as such, may nevertheless become the source of some illegality.
When a right is exercised in a manner which does not conform with the norms enshrined in Article 19 and results in damage to another, a legal wrong is thereby committed for which the wrongdoer must be held responsible.”
Article 19 is the general rule which governs the conduct of human relations. By itself, it is not the basis of an actionable tort. Article 19 describes the degree of care required so that an actionable tort may arise when it is alleged together with Article 20 or Article 21. Lomarda and Raso vs. Fudalan, G.R. No. 246012, June 17, 2020
Carolyn and Joselito are lovers. During their relationship, Joselito had drinking and gambling habits. With a promise to reform, Carolyn married Joselito and gave birth to their children. During the marriage, Joselito physically and verbally abused Carolyn and their children, and he spent time gambling and drinking instead of providing for the needs of the family. She filed for Petition for Declaration of Nullity of Marriage and presented the testimony of Dr. Soriano who diagnosed Joselito with a defective superego and Antisocial-Dependent Personality Disorder based on the narration of Carolyn and Mamerto, Joselito’s father who disclosed his behavior as a child. Is the testimony of Dr. Soriano enough to prove that the psychological incapacity of Joselito has juridical antecedence?
Yes. Article 36 explicitly requires the psychological incapacity to be existing at the time of the celebration of the marriage, even if such incapacity becomes manifest only after its solemnization. Proof of juridically antecedent psychological incapacity may consist of testimonies describing the environment where the supposedly incapacitated spouse lived that may have led to a particular behavior. Here, Dr. Soriano concluded that Joselito’s gross neglect of his responsibilities, immaturity, disregard of his partner’s needs and feelings, and abusive behavior are symptoms of a disorder called Antisocial-Dependent Personality Disorder which existed prior to his marriage with Carolyn. The diagnosis was based on the statements of Carolyn and Mamerto. The clear and understandable causation between Joselito’s condition pre-existing before his marriage and its incapacitating nature regarding the performance of the essential marital covenants clearly proved the juridical antecedence requirement. (Mutya-Sumilhig v. Sumilhig, G.R. No. 230711, August 22, 2022)
Carolyn and Joselito are lovers. During their relationship, Joselito had drinking and gambling habits. With a promise to reform, Carolyn married Joselito and gave birth to their children. During the marriage, Joselito physically and verbally abused Carolyn and their children, and he spent time gambling and drinking instead of providing for the needs of the family. She filed for Petition for Declaration of Nullity of Marriage and presented the testimony of Dr. Soriano who diagnosed Joselito with a defective superego and Antisocial-Dependent Personality Disorder based on the narration of Carolyn and Mamerto, Joselito’s father who disclosed his behavior as a child. Do the testimony and diagnosis of Dr. Soriano prove that the psychological incapacity of Joselito is incurable?
Yes. The psychological incapacity contemplated in Article 36 of the Family Code is incurable, not in the medical, but in the legal sense. This simply means that the incapacity is so enduring and persistent with respect to a specific partner, and contemplates a situation where the couple’s respective personality structures are so incompatible and antagonistic that the only result of the union would be the inevitable and irreparable breakdown of the marriage. There must be an undeniable pattern of such persisting failure to be a present, loving, faithful, respectful, and supportive spouse. There are no medications that may be taken or intervention that may be done as treatment for Joselito’s psychological incapacity to enable him to fulfill his obligations as husband to Carolyn because what is involved here is Joselito’s personality structure. Dr. Soriano’s assessment of Joselito’s condition was based on the information she gathered from Carolyn herself and Joselito’s father. (Mutya-Sumilhig v. Sumilhig, G.R. No. 230711, August 22, 2022)
Are the testimonies of the spouse, respondent’s father, and expert witness who diagnosed the respondent without the latter’s personal appearance enough to satisfy the totality of evidence rule to sustain a finding of the respondent’s psychological incapacity in a Petition for Declaration of Nullity of Marriage?
Yes. The narratives in an Article 36 petition are often solely those of petitioner and their witnesses, and frequently, all the trial court has by way of respondent’s version is the clinical narration of the factual basis of the expert report, which, in turn, typically arises from the examination of petitioner and other resource persons. There is probative value in the testimonies of expert witnesses who diagnosed a respondent without the latter’s personal appearance because there is no legal and jurisprudential requirement that the person to be declared psychologically incapacitated be personally examined by a physician. (Mutya-Sumilhig v. Sumilhig, G.R. No. 230711, August 22, 2022)