Escolar Documentos
Profissional Documentos
Cultura Documentos
DOCTRINES
1. Doctrine of Estoppel
DESCRIPTIONS
CASES
Under this doctrine, the law of the place Germann and Co. V. Donaldson, Sim and Co. 1
where a contract, specially a marriage, was Phil. 63. A power of attorney was executed in
made or celebrated, governs.
Germany giving the recipient authority to
bring an action in the Philippines. Said power
of attorney was not authenticated by a notary
public. In Germany, no such authentication
was needed, contrary to Philippines rules. The
power of attorney was properly made insofar
as form was concerned because it was
executed in Germany. There is no reason why
lex loci celebrationis should not apply.
Insular Government vs. Frank 13 Phil 236,
G.R.No.2935. March 23, 1909. Mr. Frank being
fully qualified to enter into a contract at the
place and time the contract was made, he
cannot therefore plead infancy as a defense at
the place where the contract is being
enforced. Although Mr. Frank was still a minor
under Philippine laws, he was nevertheless
considered an adult under the laws of the
state of Illinois,the place where the contract
Fraud and Justice never agree together. A Republic v. CA, G.R. No. L-60169, March 23,
maxim meaning that fraud corrupts justice 1990. Of course, we are well aware of the rule
regardless of the good faith or just intentions reiterated in Republic vs. Court of Appeals and
Santos, that, generally, the State cannot be
put in estoppel by the mistakes or errors of its
officials or agents. In that very case, however,
citing 31 CJS 675-676, we went further by
saying:
Nevertheless, the government must not be
allowed to deal dishonorably or capriciously
with its citizens, and must not play an ignoble
part or do a shabby thing; and subject to
limitations xxx, the doctrine of equitable
estoppel may be invoked against public
authorities as well as against private
individuals
Republic of the Philippines v. Gregorio
Agunoy, Sr., Et al., Spouses Eduardo and
Arcelita Marquez and Rural Bank Of Gapan,
Nueva Ecija. G.R. No. 155394., February 17,
2005. In any event, the verification survey
conducted by Geodetic Engineer Melencio
Mangahas on February 15, 1988 came almost
Where a foreign law is not pleaded or, even if ATCI Overseas Corporation, Amalia G. Ikdal
pleaded, is not proved, the presumption is and Ministry of Public Health-Kuwait v. Ma.
that foreign law is the same as ours.
Josefa Echin. G.R. No. 178551, October 11,
2010. In the present case, the employment
contract signed by Gran specifically states
that Saudi Labor Laws will govern matters not
provided for in the contract (e.g. specific
causes
for
termination,
termination
procedures, etc.). Being the law intended by
the parties (lex loci intentiones) to apply to
the contract, Saudi Labor Laws should govern
all matters relating to the termination of the
employment of Gran.
In international law, the party who wants to
have a foreign law applied to a dispute or
case has the burden of proving the foreign
12.
impugned,
altered,
changed,
modified, petitioners was covered by the title under the
enlarged or diminished except in a direct name
of
respondent
corporation,
the
proceeding permitted by law.
petitioners claim for damages had no leg to
stand on.
15.
Doctrine of Piercing the Veil of
Corporate Fiction
Unjust Enrichment
Pari Delicto
Professional
Services
Inc.
vs.
Agana,
GR 126297, January 31, 2007;
It is the rule that the fact of the occurrence of
an injury, taken with the surrounding
circumstances, may permit an inference or
raise a presumption of negligence, or make
out a plaintiffs prima facie case, and present
a question of fact for defendant to meet with
an explanation. Stated differently, where the
thing which caused the injury, without the
fault of the injured, is under the exclusive
control of the defendant and the injury is such
that it should not have occurred if he, having
such control used proper care, it affords
reasonable evidence, in the absence of
explanation that the injury arose from the
defendants want of care, and the burden of
proof is shifted to him to establish that he has
It is a Latin maxim meaning ignorance of law Agustin De Luna, et al., v. Jose Linatoc, G.R.
the
Citizenship is the basis for determining the Juan Miciano v. Andre Brimo, GR No.22595,
personal law applicable.
November 1, 1927. Though the last part of the
second clause of the will expressly said that
Article 15 of the Civil Code provides that laws it be made and disposed of in accordance
25.
Nemo ex alterius incommode
debet lecupletari
Parens patriae
Solutio indebiti
29.
Prejudicial Question
30.
31.
Doctrine of actio personalis
moritur cum persona
missing.
Lapuz-Sy v. Eufemio, G.R. No. L-30977,
January 31, 1972. The Civil Code of the
Philippines recognizes this in its Article 100,
by allowing only the innocent spouse (and no
one else) to claim legal separation; and in its
Article 108, by providing that the spouses can,
by their reconciliation, stop or abate the
proceedings and even rescind a decree of
legal separation already rendered. Being
personal in character, it follows that the
death of one party to the action causes
the death of the action itself.
When one of the spouses is dead, there is no
need for divorce, because the marriage is
dissolved. The heirs cannot even continue the
suit, if the death of the spouse takes place
during the course of the suit (Article 244,
Section 3). The action is absolutely dead.
A further reason why an action for legal
separation is abated by the death of the
plaintiff, even if property rights are involved,
is that these rights are mere effects of decree
of separation, their source being the decree
itself; without the decree such rights do not
come into existence, so that before the
finality of a decree, these claims are merely
rights in expectation. If death supervenes
during the pendency of the action, no decree
can be forthcoming, death producing a more
radical and definitive separation; and the
Sulo ng Bayan, Inc. vs. Araneta, Inc. GR L31061. It is a doctrine well established and
obtains both at law and in equity that a
corporation is a distinct legal entity to be
considered as separate and apart from the
individual stock holders or members who
compose it, and is not affected by the
personal rights, obligations, and transactions
of its stockholders or members. The property
of the corporation is its property and not that
of the stockholders, as owners, although they
have equities in it. Properties registered in the
name of the corporation ordinarily have no
33.
35.
Doctrine of Mortgagee in Good
Faith
requirement.
The principle of abuse of rights is found under Globe Mackay Cable and Radio Corporation v.
Articles 19, 20 and 21 of the Civil Code of the Court of Appeals, 257 Phil. 783 (1989). It was
Philippines, which states that:
elucidated that while Article 19 lays down a
rule of conduct for the government of human
Art. 19. Every person must, in the exercise of relations and for the maintenance of social
his rights and in the performance of his order, it does not provide a remedy for its
duties, act with justice, give everyone his due violation. Generally, an action for damages
and observe honesty and good faith.
under either Article 20 or Article 21 would be
proper.
Art. 20. Every person who, contrary to law,
wilfully or negligently causes damage to The Court said: One of the more notable
another, shall indemnify the latter for the innovations of the New Civil Code is the
same.
Art. 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.
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.
Although the requirements of each provision
is different, these three (3) articles are all
related to each other.
The elements of an abuse of right under
Article 19 are the following: (1) There is a
legal right or duty; (2) which is exercised in
bad faith; (3) for the sole intent of prejudicing
or injuring another. Article 20 speaks of the
general sanction for all other provisions of law
which do not especially provide for their own
sanction. Thus, anyone who, whether willfully
or negligently, in the exercise of his legal right
or duty, causes damage to another, shall
indemnify his victim for injuries suffered
thereby. Article 21 deals with acts contra
bonus mores, and has the following elements:
1) There is an act which is legal; 2) but which
is contrary to morals, good custom, public
order, or public policy; 3) and it is done with
intent to injure. Thus, under any of these
three (3) provisions of law, an act which exercise, the norms of human conduct set
causes injury to another may be made the forth in Article 19 must be observed. A right,
basis for an award of damages.
though by itself legal because recognized or
granted by law as such, may nevertheless
Of the three articles, Art. 19 was intended to become the source of some illegality. When a
expand the concept of torts by granting right is exercised in a manner which does not
adequate legal remedy for the untold number conform with the norms enshrined in Article
of moral wrongs which is impossible for 19 and results in damage to another, a legal
human foresight to provide specifically in wrong is thereby committed for which the
statutory law. If mere fault or negligence in wrongdoer must be held responsible. But
ones acts can make him liable for damages while Article 19 lays down a rule of conduct
for injury caused thereby, with more reason for the government of human relations and for
should abuse or bad faith make him liable. the maintenance of social order, it does not
The absence of good faith is essential to provide a remedy for its violation. Generally,
abuse of right. Good faith is an honest an action for damages under either Article 20
intention to abstain from taking any or Article 21 would be proper.
unconscientious advantage of another, even
through the forms or technicalities of the law, Republic, et al. v. Lacap, G.R. No. 158253,
together with an absence of all information or March 2, 2007. The SC had the occasion to
belief of fact which would render the once again say that Article 22, NCC was
transaction unconscientious. In business formulated as basic principles to be observed
relations, it means good faith as understood for the rightful relationship between human
by men of affairs.
beings and for the stability of the social order,
designated to indicate certain norms that
While Article 19 may have been intended as a spring from the fountain of good conscience,
mere declaration of principle, the cardinal guides human conduct that should run as
law on human conduct expressed in said golden threads through society to the end
article has given rise to certain rules, e.g. that that law may approach its supreme ideal
where a person exercises his rights but does which is the sway and dominance of justice.
so arbitrarily or unjustly or performs his duties Since respondent had rendered services to
in a manner that is not in keeping with the full satisfaction and acceptance by
honesty and good faith, he opens himself to petitioner, then the former should be
liability.
compensated for them. To allow petitioner to
42.
Doctrine of
contravent legis
43.
aequitas
Hidalgo
Enterprises
Inc.
v.
Guillermo
Balandan, Anselma Anila and The Court of
Appeals, G.R. No. L-3422, June 13, 1952. The
doctrine of attractive nuisance states that
One who maintains on his premises
dangerous instrumentalities or appliances of a
character likely to attract children in play, and
who fails to exercise ordinary care to prevent
children from playing therewith or resorting
The principle reason for the doctrine is that thereto, is liable to a child of tender years who
44.
In Articulo Mortis
47.
President,
Doctrine of Laches
Action of Reconveyance
51.
Presumption of Survivorship
52.
Doctrine of implications
(necessary implications)
Doctrine of Waiver
It
is
the
intentional
or
voluntary
relinquishment of a known right or such
conduct as warrants and inference of the
relinquishment of such right.
Requisites for a valid waiver:
1. waiving party must actually have the right
he is renouncing
2. he must have full capacity to make the
waiver
3. waiver must be clear and unequivocal
-waiver must not be contrary to law, public
order, public morals, etc.
-when formalities are required, they must be
complied with.
of moral seduction.
Beatriz P. Wassmer v. Francisco X. Velez, G.R.
No. L-20089, December 26, 1964. It must not
be overlooked, however, that the extent to
which acts not contrary to law may be
perpetrated with impunity, is not limitless for
Article 21 of said Code provides that "any
person who wilfully causes loss or injury to
another in a manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage."
The record reveals that on August 23, 1954
plaintiff and defendant applied for a license to
contract marriage, which was subsequently
issued (Exhs. A, A-1). Their wedding was set
for September 4, 1954. Invitations were
printed and distributed to relatives, friends
and acquaintances (Tsn., 5; Exh. C). The brideto-be's trousseau, party drsrses and other
apparel for the important occasion were
purchased (Tsn., 7-8). Dresses for the maid of
honor and the flower girl were prepared. A
matrimonial bed, with accessories, was
bought. Bridal showers were given and gifts
received (Tsn., 6; Exh. E). And then, with but
two days before the wedding, defendant, who
was then 28 years old,: simply left a note for
plaintiff stating: "Will have to postpone
wedding My mother opposes it ... " He
enplaned to his home city in Mindanao, and
the next day, the day before the wedding, he
Molina Doctrine
The Court created the Molina guidelines to aid Danilo A. Aurelio v. Vida Ma. Corazon P.
the courts in the disposition of cases involving Aurelio, G.R. No. 175367, June 6, 2011. This
psychological incapacity, to wit:
Court,
pursuant
to
Supreme
Court
Administrative Matter No. 02-11-10, has
(1) Burden of proof to show the nullity of the modified
the
above
pronouncements,
marriage belongs to the
plaintiff.
particularly Section 2(d) thereof, stating that
(2) The root cause of the psychological the certification of the Solicitor General
incapacity must be: (a) medically or clinically required in the Molina case is dispensed with
identified, (b) alleged in the complaint, (c) to avoid delay. Still, Article 48 of the Family
sufficiently proven by experts and (d) clearly Code mandates that the appearance of the
explained in the decision.
prosecuting attorney or fiscal assigned be on
(3) The incapacity must be proven to be behalf of the State to take steps to prevent
existing at the time of the celebration of the collusion between the parties and to take care
marriage.
that evidence is not fabricated or suppressed.
(4) Such incapacity must also be shown to be
medically or clinically permanent or incurable. Petitioner anchors his petition on the premise
(5) Such illness must be grave enough to that the allegations contained in respondents
bring about the disability of the party to petition are insufficient to support a
assume the essential obligations of marriage. declaration of nullity of marriage based on
(6) The essential marital obligations must be psychological
incapacity.
Specifically,
those embraced by Articles 68 up to 71 of the petitioner contends that the petition failed to
Family Code as regards the husband and wife, comply with three of the Molina guidelines,
as well as Articles 220, 221 and 225 of the namely: that the root cause of the
57.
Meeting of the Minds in a Contract
of Sale
59.
Alluvial Formation Along the
Seashore Forms Part of the Public
Domain
61.
Doctrine of Collateral Attack on
Titles
63.
These are non-justiciable cases that are Mabanag v. Vito, 78 Phil. 1. It was held that if
beyond the jurisdiction, competence or ability ratification of an amendment is a political
of even the Supreme Court to decide.
question, a proposal which leads to ratification
has to be a political question. The two steps
The so-called Political Question Doctrine holds complement each other in a scheme intended
that it would be a meaningless, inconsistent, to achieve a single objective. It is to be noted
contradictory
and
unacceptable
self- that the amendatory process as provided in
referential invalidation for a Supreme Court to section I of Article XV of the Philippine
even take up the validity or legitimacy or Constitution consists of (only) two distinct
Constitutionality of the revolution, coup parts: proposal and ratification. There is no
d'etat, or other political process that logic in attaching political character to one
established that Constitution and the Court.
and withholding that character from the other.
Proposal to amend the Constitution is a highly
political function performed by the Congress
in its sovereign legislative capacity and
committed to its charge by the Constitution
itself. The exercise of this power is even in
dependent of any intervention by the Chief
Executive. If on grounds of expediency
scrupulous attention of the judiciary be
needed to safeguard public interest, there is
less reason for judicial inquiry into the validity
of a proposal.
Gonzales v. Comelec, G.R. No. L-28196. The
Senate and the House of Representatives
passed resolutions No. 1, 2 and 3.
Subsequently, Congress passed a bill, which,
upon approval by the President, on June 17,
1967,became
Republic
Act
No.
4913,
providing that the amendments to the
Constitution proposed in the aforementioned
Resolutions No. 1 and 3 be submitted, for
approval by the people, at the general
elections which shall be held on November 14,
1967.Two cases were filed against this act of
Congress: One is original action for
prohibition, with preliminary injunction by
Ramon A. Gonzales, in L-28196, a Filipino
citizen, a taxpayer, and a voter. Another one
is by PHILCONSA, in L-28224, a corporation
duly organized and existing under the laws of
the Philippines, and a civic, non-profit and
non-partisan organization the objective of
which is to uphold the rule of law in the
Philippines and to defend its Constitution
against erosions or onslaughts from whatever
source.
The issue whether or not a Resolution of
Congress acting as a constituent assembly
violates
the
Constitution
essentially
justiciable, not political, and, hence, subject to
judicial review.
65.
Reformation of an instrument is that remedy Veluz vs. Veluz et. al. G.R. No. L-23261, July
in equity by means of which a written 31, 1968. Plaintiff prayed that judgment be
instrument is made or construed so as to issued "ordering the reformation of the deed
Sy Suan v. Pablo L.
June 30, 1956. It
agreements against
and void. Under the
be prejudicial to the public welfare, to sound doctrine of public policy, as applied to the law
morality or to civic honesty.
of contracts, courts of justice will not
recognize or uphold any transaction which, in
its object operation, or tendency, is calculated
to be prejudicial to the public welfare, to
sound morality, or to civic honesty. The test is
whether the parties have stipulated for
something inhibited by the law or inimical to,
or inconsistent with, the public welfare.
An agreement is against public policy if it is
injurious to the interests of the public,
contravenes some established interest of
society, violates some public statute, is
against good morals, ends to interfere with
the public welfare or society, or as it is
sometimes put, if it is at war with the interests
of society and is in conflict with the morals of
the time. An agreement either to do anything
which, or not to do anything the omission of
which, is in any degree clearly injurious to the
public and an agreement of such a nature that
it cannot be carried into execution without
reaching beyond the parties and exercising an
injurious influence over the community at
large are against public policy. There are
many things which the law does not prohibit,
in the sense of attaching penalties, but which
are so mischievous in their nature and
tendency that on grounds of public policy they
cannot be admitted as the subject of a valid
contract.
Doctrine of Self-help
Doctrine of Regalian
Guardian ad litem
Doctrine of Act-of-God
Res nullius, is a Latin-based legal term that Sps. Gulla vs Labrador G.R. No. 149418 July
Once jurisdiction is vested in the court, it is PLDT vs. Dulay G.R. no. L-53446 April 19,
retained up to the end of the litigation , it 1989. The rule of adherence of jurisdiction
remains with the court until the case is finally until a cause is finally resolved or adjudicated
terminated .
does not apply when the change in jurisdiction
is curative in character. Thus in the instant
The exception to the rule: when a newly case, there is nothing wrong in holding that
enacted statute changing the jurisdiction of a Courts of First Instance/Regional Trial Courts
court is given retroactive effect. It can divest no longer have jurisdiction over aforesaid
a court of jurisdiction over cases already monetary claims of labor.
pending before it is which were filed before
the statute came to force or became effective. There is therefore no reason why P.D. 1691
should not be given retroactive application to
this pending case. P.D. 1691 merely restored
the jurisdiction earlier vested in Labor Arbiters
before the enactment of P.D. 1367. It was
intended to correct a situation where two
tribunals would have jurisdiction over
separate issues arising from the same labor
conflict.
In any case, private respondents can still file
an
action
before
the
administrative
machineries in the Department of Labor and
Employment. While it is true that the
respondents-employees' cause of action has
already prescribed, since Article 291 of the
Labor Code provide for a three-year
prescriptive period for all money claims
arising from employer- employee relations,
equity dictates that petitioners be allowed to
file the proper action before the appropriate
labor tribunal. At the time the petitioners filed
their complaint with the then Court of First
Instance, the regular courts were the proper
77.
78.
Doctrine of Power to Rescind
Obligations
The court shall decree the rescission claimed, Furthermore, respondent's right to rescind the
unless there be just cause authorizing the contract cannot be prevented by the fact that
fixing of a period.
petitioner had the option to substitute the
This is understood to be without prejudice to stalls. Even if petitioner had that option, it did
the rights of third persons who have acquired not, however, mean that it could insist on the
Doctrine of Mirror
85.
Burca Doctrine
87.
Error Placitandi Aequitatem Non
Tollit
private
practice,
although
constant
consultation and advice are sine qua non in
both types of relationship. The relationship is
rather one, created as it is by law, where
imposed upon OSG is the responsibility to
present to the courts the position that will
uphold the best interests of the People, the
Government and the State, albeit the same
may run counter to its client's position or
route of action. At any rate, the PCGG through
nationwide TV broadcast and print media,
publicly announced that PCGG had disposed
with or otherwise did not need the legal
services of the Lawyer of the Government,
and thus OSG descended, not the unmerited
remark of having "abandoned" the ill-gotten
wealth cases, but the time-honored principle
of impossibilium nulla obligatio est, i.e., there
is no obligation to do impossible things (Lim
Co Chui v. Paredes, 47 Phil. 463), without in
any way casting any aspersion on the moral
integrity of any Commissioner or PCGG
official, as made clear by the Solicitor General
to the President in a meeting with PCGG.
Hence, in the light of all the foregoing
circumstances, at rock-bottom precisely so as
not to prejudice "the interest of the
Government" (Orbos), the Solicitor General
withdrew as counsel for PCGG in all said cases
by filing a notice of "Withdrawal of
Appearance with Reservation."
Merchandising
v.
Consolacion
Natural law is clear in that no one shall be Pacific
Insurance, G.R. No. L-30204 October 29,
enriched by the injury or loss of another
1976. As the trial court aptly observed "... it is
One cannot unjustly enrich himself at the only simple justice that Pajarillo should pay for
expense of another.
the said claim, otherwise he would be
enriching himself without paying plaintiff for
the cost of certain materials that went into its
construction. ... It is however, that he did so
only as a receiver of Leo Pajarillo by virtue of
the judgment in Civil Case No. 50201 all of the
100
the ratio
decidendi is,
as
a
general
rule, binding on courts of lower and later
jurisdictionthrough the doctrine of stare
decisis. Certain courts are able to overrule
decisions of a court of coordinate jurisdiction
however, out of interests of judicial comity,
they generally try to follow coordinate
rationes.
Mariveles,
Bataan,
which
will
receive
interstate
communications
for
onward
transmission by its main station in Manila.
The above-stated opinions of the Secretary of
Justice and Undersecretary of Justice are
material because Republic Acts Nos. 4630 and
4617 are in pari materia. As the Court has
reiterated:
Statutes are said to be in pari materia when
they relate to the same person or thing, or to
the same class of persons or things, or have
the same purpose or object. (Sutherland
Statutory Construction, Vol. 11, pp. 535-536)
When statutes are in pari materia; the rule of
statutory construction dictates that they
should be construed together. (Black on
Interpretation of Laws, Sec. 106) ... (City of
Naga vs. Agna, May 31, 1976, 71 SCRA 176,
184)
City of Naga v. Catalino Agna, G.R. No. L36049 May 31, 1976. Section 2309 of the
Revised Administrative Code and Section 2 of
Republic Act No. 2264 (Local Autonomy Act)
refer to the same subject matter-enactment
and effectivity of a tax ordinance. In this
respect they can be considered in pari
materia.
Statutes are said to be in pari materia when
they relate to the same person or thing, or to
the same class of persons or things, or have
the same purpose or object. When statutes
are in pari materia, the rule of statutory
construction dictates that they should be
construed
together.
This
is
because
enactments of the same legislature on the
same subject matter are supposed to form
part of one uniform system; that later statutes
are supplementary or complimentary to the
earlier enactments and in the passage of its
acts the legislature is supposed to have in
mind the existing legislation on the same
subject and to have enacted its new act with
reference thereto.
Having thus in mind the previous statutes
relating to the same subject matter, whenever
the legislature enacts a new law, it is deemed
to have enacted the new provision in
accordance with the legislative policy
embodied in those prior statutes unless there
is an express repeal of the old and they all
should be construed together.