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2-1 > PFR > Flashcards

PFR Flashcards

1
Q

Injury vs. Damage vs. Damages

A

Injury is the illegal invasion of a legal right,

Damage is the harm which results from the injury

Damages are the compensation awarded for the damage suffered.

Custodio vs. Court of Appeals, 253 SCRA 483, G.R. No. 116100 February 9, 1996

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2
Q

Damnum absque Injuria

A

The legitimate exercise of a person’s right, even if it causes damage to another, does not automatically result to an actionable injury.

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3
Q

Moral Damages

A

Moral damages are a form of compensation for the “physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury

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4
Q

Abuse of Rights

A
  1. There is a legal right or duty;
  2. Which is exercised in bad faith; and
  3. For the sole intent of prejudicing or injuring another
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5
Q

Bad faith

A

it involves a dishonest purpose or some moral obloquy and conscious doing of a wrong, a breach of known duty due to some motives or interest or ill will that partakes of the nature of fraud.

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6
Q

Acts Contra Bonus Mores

A
  1. There is an act which is legal;
  2. Such act is contrary to MOGOP;
  3. It is done with intent to injure
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7
Q

Arts. 19-21

A

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

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8
Q

Actions for breach of promise to marry

A

GR: Breach of promise to marry is not actionable

XP: 1. When one party has already made real efforts to prepare and spend for the wedding

  1. Grossly insensate and reprehensible transgressions which indisputably warrant justify the award of moral and exemplary damages
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9
Q

Malicious prosecution

A
  1. Proof that the prosecution was prompted by a sinister design to vex and humiliate a person
  2. Initiated deliberately by the defendant knowing that his charges were false and groundless
  • the mere act of submitting the case for prosecution does not make one liable for malicious prosecution
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10
Q

Mercado v Ongpin

A

Malice or bad faith must be proved to sustain an action for damages based on Art. 19

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11
Q

Guevara vs. Banach

A

The party seeking damages must have acted on good faith

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12
Q

Baron’s Marketing vs. CA

A

A person who, in exercising his rights, does not act in an abusive manner contrary to morals, good customs or public policy as to violate the provisions of Art. 21

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13
Q

Globe Mackay vs. CA

A

Although the employer had the right to dismiss Tobias from work, the abusive manner in which that right was exercised amounted to a legal wrong

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14
Q

Art. 22 CC

A

Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal , shall return the same to him

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15
Q

Guevara v Banach

A

Finding out that one’s betrothed is still married to another and are not who they say they are constitutes bad faith

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16
Q

MAY A DIVORCE DECREE OBTAINED ABROAD BY A FILIPINO SPOUSE MARRIED TO A FOREIGNER BE RECOGNIZED AS VALID IN THE PHILIPPINES?

A

Yes, Par. 2, Art. 26 of the Family Code still applies even if it is the Filipino spouse who obtained a divorce decree, thus, it will still capacitate him or her to remarry. The purpose of Par. 2 of Article 26 is to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after a foreign divorce decree that is effective in the country where it was rendered, is no longer married to the Filipino spouse. Whether the Filipino spouse initiated the foreign divorce proceeding or not, a favorable decree dissolving the marriage bond and capacitating his or her alien spouse to remarry will have the same result: the Filipino spouse will effectively be without a husband or wife.

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17
Q

Passive vs. active misrepresentation

A

Active Misrepresentation - A minor misrepresents his age and physical features to mislead the other party into believing that he is of age. THE MINOR CANNOT, UPON REACHING THE AGE OF MAJORITY, ANNUL THE CONTACT ON THE GROUND OF ESTOPPEL

Passive Misrepresentation - May still annul the contract upon reaching the age of majority

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18
Q

Residence vs. Domicile

A

If a person’s intent be to remain, it becomes his domicile; if his intent is to leave as soon as his purpose is established it is residence. It is thus, quite perfectly normal for an individual to have different residences in various places. However, a person can only have a single domicile, unless, for various reasons, he successfully abandons his domicile in favor of another domicile of choice. Romualdez-Marcos vs. Commission on Elections, 248 SCRA 300, G.R. No. 119976 September 18, 1995

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19
Q

Change of domicile requisites

A

: 1. An actual removal or an actual change of domicile;
2. A bona fide intention of abandoning the former place of residence and establishing a new one; and
3. Acts which correspond with the purpose.

Romualdez-Marcos vs. Commission on Elections, 248 SCRA 300, G.R. No. 119976 September 18, 1995

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20
Q

Art 9 Family Code

A

Marriage license shall be issued by the local civil registrar of the city or municipality where either of the contracting parties habitually resides, except in marriages where no license required

21
Q

How to prove a foreign marriage

A

It’s necessary to prove the foreign law as a question of fact and prove the celebration of the marriage by convincing evidence

22
Q

Define marriage

A

Marriage is
1. A special contact of permanent union
2. Between a man and a woman
3. For the establishment of conjugal and family life
4. It is the foundation of the family and an inviolable social institution
5. Whose nature, consequences and incidents are governed by law and not subject to stipulation

23
Q

Other evidences to prove marriage aside from marriage certificate

A
  1. Testimony of witnesses to the matrimony
  2. Couple’s open and public cohabitation as husband and wife after the alleged wedlock
  3. Baptismal certificates of children
  4. Mention of such nuptials subsequent documents
24
Q

Essential requisites of marriage

A
  1. Legal capacity of the parties who must be a male and a female;
  2. Consent freely given in the presence of the solemnizing officer
25
Q

Formal requisites of marriage

A
  1. Authority of the solemnizing officer
  2. A valid marriage license
  3. A marriage ceremony which takes place with the personal appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife
26
Q

Cohabitation in lieu of a marriage license requirements

A

The length of the cohabitation must be at least 5 years prior to the date of marriage

It should be a period characterized by continuity and exclusivity

27
Q

Doctrine of procedural presumption

A

If the foreign law is not properly pleaded and proved, our courts will presume that the foreign law is the same as our domestic law

28
Q

“Unless it is otherwise provided” effectivity clause

A

refers to the date of the effectivity and not to the requirement of publication itself, which cannot in any event be omitted.

Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended

29
Q

GENERAL CIRCULATION

A
  1. it is published for the dissemination of local news and general information;
  2. it has a bona fide subscription list of paying subscribers;
  3. it is published at regular intervals;
  4. It must be available to the public in general, and not just to a select few chosen by the publisher.
30
Q

Elements of a Valid Waiver:

A
  1. Existence of a right;
  2. Knowledge of existence thereof;
  3. An intention to relinquish the right

XP: Waiver is contrary to LAMOGOP or prejudicial to a third person

31
Q

Revival of a Repealed Law

A
  1. If the first law is repealed by IMPLICATION by the second law, and the second law is itself repealed by the third law, the first law is revived unless otherwise provided in the third law.
  2. If the first law is, instead, repealed EXPRESSLY by the second law, and the second law is repealed by a third law, the first law is not revived, unless expressly so provided (Sec. 14, Revised Administrative Code)
32
Q

Custom

A

a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory

33
Q

EXCEPTIONS TO THE RULE IN THE CASE OF REAL
PROPERTY:

A
  1. In case of successional rights to real property, what controls IS THE national law of the deceased (Art. 16, par. 2, NCC)
  2. Capacity to succeed (in inheritance problems) is also governed by the NATIONAL LAW of the deceased (Art. 1039, NCC)
  3. Contracts involving real property but which do not deal with the title (transfer) to such real property shall not necessarily be governed by the lex rei sitae. The proper law of the contract – which is the lex loci voluntatis or the lex loci intentionis should be regarded as controlling.
  4. In contracts where real property is given by way of security, the principal contract (which is generally the contract of loan) is governed by the proper law of the contract; the accessory contract of mortgage is governed by the law of the state where the real property mortgaged is situated.
34
Q

A provision in a foreigner’s will to the effect that his properties shall be distributed in accordance with Philippine law and not with his national law

A

is illegal and void, for his national law cannot be ignored. Article 16 NCC states said national law shall govern.

35
Q

Requisites for Damages under Art. 21

A

Damages are recoverable even though no positive law has been violated but it is necessary that the act should have been willfully done and more it is contrary to morals, good customs and public policy

36
Q

Solutio Indebiti vs. Accion in Rem Verso

A

RV - not necessary that payment be made by mistake
SI - payment must be made by mistake

RV - obligation of debtor to return payment is based on law
SI - obligation to return payment is based on quasi-contract

37
Q

Juridical Capacity distinguished from Capacity to
Act:

A
  1. JC is inherent in every human being while CA is not; CA is merely acquired upon fulfillment of certain conditions or requisites fixed by law.
  2. JC can exist without capacity to act, but CA cannot exist without JC;
  3. JC is the capacity to be the subject of legal relations, whereas CA is capacity to do acts with binding or legal effects;
  4. JC is lost only through death, whereas CA may be lost through grounds other than death.
38
Q

Article 1327 NCC: The following cannot give their consent to a contract:

A

(1) Unemancipated minor;
(2) insane or demented person and;
(3) Deaf mutes who do not know how to write.

Contract entered into by a minor, without the consent or assistance of a guardian is either voidable or unenforceable

39
Q

Active Misrepresentation

A

The circumstance that about one month after the date of the conveyance, the appellee informed the appellants of his minority, is of no moment, because appellee‘s previous misrepresentation had already estopped him from disavowing the contract.

40
Q

Accion in Rem Verso

A
  1. The defendant has been enriched
  2. The plaintiff has suffered a loss
  3. The enrichment of the defendant is without just or legal ground
  4. The plaintiff has no other action based on C,QC, D, QD
41
Q

Art. 2142 - Quasi-Contacts

A

Certain lawful, voluntary and unilateral acts which give rise to the juridical relation of quasi-contracts to the end that no one shall be unjustly enriched at the expense of shorter

42
Q

Unfair Competition

A
  1. It must involve an injury to a competitor or trade rival
  2. It must involve acts which are:
    a. Contrary to good conscience
    b. Shocking to judicial sensibilities
    c. Otherwise unlawful
43
Q

Test of cognition vs test of volition

A

Cognition - complete deprivation of intelligence in committing the criminal act

Volition - total deprivation of freedom or will

44
Q

Insanity vs Crazy

A

There is a vast difference between an insane person and one who has worked himself up into such a frenzy of anger that he fails to use reason or good judgment in what he does. Persons who get into a quarrel or fight seldom, if ever, act naturally during the fight. An extremely angry man, often, if not always, acts like a madman. The fact that a person acts crazy is not conclusive that he is insane. The popular meaning of the word “crazy” is not synonymous with the legal terms “insane,” “non compos mentis,” “unsound mind,” “idiot,” or “lunatic.” United States vs. Vaquilar., 27 Phil. 88, Nos. 9471 and 9472 March 13, 1914

45
Q

Good Faith

A

Intention to abstain from taking an unconscionable and unscrupulous advantage of another

46
Q

Art. 19

A

Every person must, in the exercise of his rights and the performance of his duties, act with justice, give everyone his due, and observe honesty and god faith

47
Q

Art. 20

A

Every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the same.

48
Q

Art. 21

A

Any person who willfully causes loss or injury to another in a manner that is contrary to MOGP shall compensate the latter for damage

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