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CIVIL LAW REVIEW 1 CASE DIGESTS

Persons & Family Relations


(ARTICLES 1-51)

CASE #1: TANADA vs. TUVERA otherwise impose a burden or the people, such as tax and revenue
G.R. No. L- 63915 measures, fall within this category. Other presidential issuances which apply
April 24, 1985 only to particular persons or class of persons such as administrative and
executive orders need not be published on the assumption that they have
TOPIC: Article 2 of the Civil Code: Laws shall take effect after fifteen days been circularized to all concerned. Publication is, therefore, mandatory.
following the completion of their publication in the Official Gazette, unless it is
otherwise provided. This code shall take effect one year after such CASE #2: DE ROY VS. COURT OF APPEALS
publication. G.R. No. 80718,
January 29, 1988
ISSUE: Whether or not the publication of presidential decrees, letters of
instructions, general orders, proclamations, executive orders, letter of TOPIC: Publication Requirement; What to publish (Art. 2)
implementation and administrative orders is necessary before its
enforcement. ISSUE: Whether or not the Supreme Court Resolution should not be made to
apply to the case at bar owing to the non-publication of the Habaluyas
RULING: Article 2 of the Civil Code provides that laws shall take effect after decision in the Official Gazette as of the time the subject decision of the Court
fifteen days following the completion of their publication in the Official of Appeals was promulgated.
Gazette, unless it is otherwise provided. The court has ruled that publication
in the Official Gazette is necessary in those cases where the legislation itself RULING: No. There is no law requiring the publication of Supreme Court
does not provide for its effectivity date for then the date of publication is decisions in the Official Gazette before they can be binding and as a condition
material for determining its date of effectivity, which is the fifteenth day to their becoming effective. It is the bounden duty of counsel as lawyer in
following its publication but not when the law itself provides for the date active law practice to keep abreast of decisions of the Supreme Court
when it goes into effect. Article 2 does not preclude the requirement of particularly where issues have been clarified, consistently reiterated, and
publication in the Official Gazette, even if the law itself provides for the date of published in the advance reports of Supreme Court decisions (G. R. s) and in
its effectivity. The publication of all presidential issuances of a public nature such publications as the Supreme Court Reports Annotated (SCRA) and law
or of general applicability is mandated by law. Obviously, presidential journals.
decrees that provide for fines, forfeitures or penalties for their violation or

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 1


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

CASE #3: PEOPLE vs. QUE PO LAY ISSUE: Whether or not the respondent committees violated the requirement
G.R. No. L-6791 under Article VI, Section 21 of the Constitution requiring the publication of
March 29, 1954 their Rules.

TOPIC: Article 2 of the Civil Code RULING: Respondent Committees argue that the Senate does not have to
publish its Rules because the same was published in 1995 and in 2006.
ISSUE: Whether or not the circulars and regulations in question should be Further, they claim that the Senate is a continuing body; thus, it is not
published in order to have force and effect? required to republish the Rules, unless the same is repealed or amended.

RULING: As a rule, circulars and regulations especially like the Circular No. On the nature of the Senate as a "continuing body," this Court sees fit to issue
20 of the Central Bank in question which prescribes a penalty for its a clarification. Certainly, there is no debate that the Senate as an
violation should be published before becoming effective, this, on the general institution is "continuing", as it is not dissolved as an entity with each
principle and theory that before the public is bound by its contents, especially national election or change in the composition of its members. However, in
its penal provisions, a law, regulation or circular must first be published and the conduct of its day-to-day business the Senate of each Congress acts
the people officially and specifically informed of said contents and its separately and independently of the Senate of the Congress before it. The
penalties. language of Section 21, Article VI of the Constitution requiring that the inquiry
be conducted in accordance with the duly published rules of procedure is
CASE #4: NERI vs. SENATE COMMITTEE categorical. It is incumbent upon the Senate to publish the rules for its
G.R. No. 180643 legislative inquiries in each Congress or otherwise make the published rules
September 4, 2008 clearly state that the same shall be effective in subsequent Congresses or
until they are amended or repealed to sufficiently put public on notice.
TOPIC: Article 2 of the Civil Code, publication of Internal Rules of the Senate
Blue Ribbon Committee et.al.

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Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

CASE #5: GARCIA vs. RECIO ISSUE: Whether or not Maria waived her right to claim damages under the
G.R. No. 138322 Civil Code when she availed of the death benefits provided for in the Labor
October 2, 2001 Code

TOPIC: Art. 3. Ignorance of the law excuses no one. RULING: NO. It bears stressing that what negates waiver is lack of
knowledge or a mistake of fact. In this case, the "fact" that served as a basis
ISSUE: Whether or not the divorce decree raises a disputable presumption as for nullifying the waiver is the negligence of petitioners employees, of which
to his civil status? private respondent purportedly learned only after the prosecutor issued a
resolution stating that there may be civil liability. In Floresca, it was
RULING: It is well-settled in our jurisdiction that our courts cannot take the negligence of the mining corporation and its violation of government rules
judicial notice of foreign laws. Like any other facts, they must be alleged and and regulations. Negligence, or violation of government rules and regulations,
proved. Australian marital laws are not among those matters that judges are for that matter, however, is not a fact, but a conclusion of law, over which only
supposed to know by reason of their judicial function. The power of judicial the courts have the final say. Such a conclusion binds no one until the courts
notice must be exercised with caution, and every reasonable doubt upon the have decreed so. It appears, therefore, that the principle that ignorance or
subject should be resolved in the negative. We also reject the claim of mistake of fact nullifies a waiver has been misapplied in Floresca and in the
respondent that the divorce decree raises a disputable presumption or case at bar.
presumptive evidence as to his civil status based on Section 48, Rule 39 of
the Rules of Court, for the simple reason that no proof has been presented on In any event, there is no proof that private respondent knew that her husband
the legal effects of the divorce decree obtained under Australian laws. died in the elevator crash when on November 15, 1990 she accomplished her
application for benefits from the ECC. The police investigation report is dated
CASE #6: D.M. CONSUNJI INC. VS. COURT OF APPEALS November 25, 1990, 10 days after the accomplishment of the form. Petitioner
G.R. No. 137873 filed the application in her behalf on November 27, 1990.
April 20, 2001
There is also no showing that private respondent knew of the remedies
TOPIC: Article 6 of the Civil Code available to her when the claim before the ECC was filed. On the contrary,
private respondent testified that she was not aware of her rights.

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 3


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

CASE #7: CUI VS. ARELLANO UNIVERSITY business scheme designed to increase the business potential of an education
Gr No. L-15127 institution. Thus conceived it is not only inconsistent with sound policy but
May 30, 1961 also good morals. But what is morals? Manresa has this definition. It is good
customs; those generally accepted principles of morality which have received
TOPIC: Article 6 Waiver of Rights some kind of social and practical confirmation. The practice of awarding
scholarships to attract students and keep them in school is not good customs
ISSUE: Whether the above quoted provision of the contract between plaintiff nor has it received some kind of social and practical confirmation except in
and the defendant, whereby the former waived his right to transfer to another some private institutions as in Arellano University. The University of the
school without refunding to the latter the equivalent of his scholarships in Philippines which implements Section 5 of Article XIV of the Constitution with
cash, is valid or not. reference to the giving of free scholarships to gifted children, does not require
scholars to reimburse the corresponding value of the scholarships if they
RULING: If Arellano University understood clearly the real essence of transfer to other schools. So also with the leading colleges and universities of
scholarships and the motives which prompted this office to issue the United States after which our educational practices or policies are
Memorandum No. 38, s. 1949, it should have not entered into a contract of patterned. In these institutions scholarships are granted not to attract and to
waiver with Cui on September 10, 1951, which is a direct violation of our keep brilliant students in school for their propaganda mine but to reward merit
Memorandum and an open challenge to the authority of the Director of or help gifted students in whom society has an established interest or a first
Private Schools because the contract was repugnant to sound morality and lien.
civic honesty. And finally, in Gabriel vs. Monte de Piedad, Off. Gazette Supp.
Dec. 6, 1941, p. 67 we read: 'In order to declare a contract void as against CASE #8: PEOPLE vs. RAFAEL LICERA
public policy, a court must find that the contract as to consideration or the G.R. No. L-39990
thing to be done, contravenes some established interest of society, or July 22, 1975
is inconsistent with sound policy and good morals or tends clearly to
undermine the security of individual rights. The policy enunciated in TOPIC: Article 8 of the Civil Code
Memorandum No. 38, s. 1949 is sound policy. Scholarship are awarded in
recognition of merit not to keep outstanding students in school to bolster its ISSUE: Should ruling in People v. Macarandang (1965) be applied in the case
prestige. In the understanding of that university scholarships award is a or that of People v. Mapa (1967)?

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Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

RULING: People v. Macarandang governs this case. Article 8 of the Civil Confidential Agent by the Provincial Commander in 1964, the prevailing
Code of the Philippines decrees that judicial decisions applying or interpreting doctrine on the matter was that laid down by Us in People v. Macarandang
the laws or the Constitution form part of this jurisdiction's legal system. These (1959) and People v. Lucero (1958). The Supreme Court decision in People
decisions, although in themselves not laws, constitute evidence of what the v. Mapa reversing the aforesaid doctrine came only in 1967.
laws mean. The application or interpretation placed by the Court upon a law is
part of the law as of the date of the enactment of the said law since the ISSUE: Whether appellant should be acquitted on the basis of the Supreme
Court's application or interpretation merely establishes the contemporaneous Court rulings in Macarandang and Lucero, or should his conviction stand in
legislative intent that the construed law purports to carry into effect. At the view of the complete reversal of the Macarandang and Lucero doctrine in
time of Licera's designation as secret agent in 1961 and at the time of his Mapa?
apprehension for possession of the Winchester rifle without the requisite
license or permit therefor in 1965, the Macarandang rule formed part of our RULING: The settled rule supported by numerous authorities is a restatement
jurisprudence and, hence, of this jurisdiction's legal system. Mapa revoked of legal maxim "legis interpretatio legis vim obtinet" the interpretation
the Macarandang precedent only in 1967. Certainly, where a new doctrine placed upon the written law by a competent court has the force of law. The
abrogates an old rule, the new doctrine should operate respectively only and doctrine laid down in Lucero and Macarandang was part of the jurisprudence,
should not adversely affect those favored by the old rule, especially those hence of the law, of the land, at the time appellant was found in possession of
who relied thereon and acted on the faith thereof. This holds more especially the firearm in question and when he arraigned by the trial court. It is true that
true in the application or interpretation of statutes in the field of penal law, for, the doctrine was overruled in the Mapa case in 1967, but when a doctrine of
in this area, more than in any other, it is imperative that the punishability of an this Court is overruled and a different view is adopted, the new doctrine
act be reasonably foreseen for the guidance of society. should be applied prospectively, and should not apply to parties who had
relied on the old doctrine and acted on the faith thereof. This is especially true
CASE #9: PEOPLE vs. JABINAL in the construction and application of criminal laws, where it is necessary that
G.R. No. L-30061 the punishability of an act be reasonably foreseen for the guidance of society.
February 27, 1974
It follows, therefore, that considering that appellant conferred his
TOPIC: This is a case for illegal possession of firearm. When appellant was appointments as Secret Agent and Confidential Agent and authorized to
appointed Secret Agent by the Provincial Government in 1962, and possess a firearm pursuant to the prevailing doctrine enunciated in

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 5


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

Macarandang and Lucero, under which no criminal liability would attach to his in the second paragraph of article 6, provides that the customs of the place
possession of said firearm in spite of the absence of a license and permit shall be observed, and, in the absence thereof, the general principles of law.
therefor, appellant must be absolved. Certainly, appellant may not be
punished for an act which at the time it was done was held not to be CASE #11: PEOPLE vs. VENERACION
punishable. G.R. Nos. 119987-88
October 12, 1995
CASE #10: CHU JAN vs. BERNAS
G.R. No. L-10010 TOPIC: Article 9 of the Civil Code
August 1, 1916
ISSUE: Whether or not the respondent judge acted with grave abuse of
TOPIC: Article 9 of the Civil Code. A judge dismissed a case because he is discretion and in excess of jurisdiction when he failed and/or refused to
not familiar with the rules governing cockfights and the duties of referees impose the mandatory penalty of death under Republic Act No. 7659, after
thereof; that he does not know where to find the law on the subject and, finding the accused guilty of the crime of Rape with Homicide.
finally, that he knows of no law whatever that governs the rights to the plaintiff
and the defendant in questions concerning cockfights. RULING: Obedience to the rule of law forms the bedrock of our system of
justice. If judges, under the guise of religious or political beliefs were allowed
ISSUE: Whether or not the Judge was correct in dismissing the case. to roam unrestricted beyond boundaries within which they are required by law
to exercise the duties of their office, then law becomes meaningless. A
RULING: No. The ignorance of the court or his lack of knowledge regarding government of laws, not of men excludes the exercise of broad discretionary
the law applicable to a case submitted to him for decision, the fact that the powers by those acting under its authority. Under this system, judges are
court does not know the rules applicable to a certain matter that is the subject guided by the Rule of Law, and ought "to protect and enforce it without fear or
of an appeal which must be decided by him and his not knowing where to find favor," resist encroachments by governments, political parties, or even the
the law relative to the case, are not reasons that can serve to excuse the interference of their own personal beliefs. While this Court sympathizes with
court for terminating the proceedings by dismissing them without deciding the his [respondent judge] predicament, it is its bounden duty to emphasize that a
issues. Such an excuse is the less acceptable because, foreseeing that a court of law is no place for a protracted debate on the morality or propriety of
case might arise to which no law would be exactly applicable, the Civil Code, the sentence, where the law itself provides for the sentence of death as a

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 6


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

penalty in specific and well-defined instances. The discomfort faced by those Petitioners thru the Solicitor General, contended that intent is irrelevant since
forced by law to impose the death penalty is an ancient one, but it is a matter it is a statutory offense.
upon which judges have no choice. Courts are not concerned with the
wisdom, efficacy or morality of laws. ISSUE: Whether or not the petitioners contention that PD. no. 9 was violated
is correct.
The Rules of Court mandates that after an adjudication of guilt, the judge
should impose "the proper penalty and civil liability provided for by the law on RULING: No. Though the courts cannot inquire into the intent of the law, they
the accused." This is not a case of a magistrate ignorant of the law. This is a have the duty to impose justice and protect the fundamental rights of the
case in which a judge, fully aware of the appropriate provisions of the law, individual, especially if the law is ambiguous. In this case, though PD no. 9 is
refuses to impose a penalty to which he disagrees. In so doing, respondent a special law making intent irrelevant, the informations failed to establish that
judge acted without or in excess of his jurisdiction or with grave abuse of the respondents have indeed rebellion in mind. As ruled:
discretion amounting to a lack of jurisdiction in imposing the penalty
of Reclusion Perpetua where the law clearly imposes the penalty of Death. WHEREFORE, We DENY these 26 Petitions for Review and We AFFIRM the
Orders of respondent Judges dismissing or quashing the Information
CASE #12: PEOPLE vs. PURISIMA concerned, subject however to Our observations made in the preceding
G.R. No. L-42050-66 pages 23 to 25 of this Decision regarding the right of the State or Petitioner
November 20, 1978 herein to file either an amended Information under Presidential Decree No. 9,
paragraph 3, or a new one under other existing statute or city ordinance as
TOPIC: Article 10 of the Civil Code: Doubtful Statutes. the facts may warrant.

Informations were filed against 26 individuals for carrying bladed, pointed and CASE #13: MARTINEZ v VAN BUSKIRK
blunt weapons in violation of Presidential Decree no. 9. The law seeks to G.R. No. L-5691
subdue, as evidenced by its preamble, the rampant rebellion and subversion December 27, 1910
at that time. Respondent Judge Purisima along with two others issued an
order to quash on the ground that the informations lacked the essential TOPIC: Article 11; Article 12; Customs; Negligence
elements to constitute an offense under the said law.

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 7


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

ISSUE: Whether or not an employer who has furnished a gentle and tractable the sake of argument that the Court has indeed taken judicial notice of the law
team and a trusty and capable driver is liable for the negligence of such driver of China on marriage in the aforecited case (Sy Joc Lieng v. Sy Quia),
in handling the team petitioners however have not shown any proof that the Chinese law or custom
obtaining at the time the Sy Joc Lieng marriage was celebrated in 1847 was
RULING: No. Acts, the performance of which has not proved destructive or still the law when the alleged marriage of Sy Kiat to Yao Kee took place in
injurious and which have, therefore, been acquiesced in by society for so long 1931 or eighty-four (84) years later. Accordingly, in the absence of proof of the
a time that they have ripened into custom, can not be held to be themselves Chinese law on marriage, it should be presumed that it is the same as ours.
unreasonable or imprudent. Indeed the very reason why they have been
permitted by society is that they beneficial rather than prejudicial. Accidents CASE #15: GRACE J. GARCIA, a.k.a. GRACE J. GARCIA-RECIO vs.
sometimes happen and injuries result from the most ordinary acts of life. But REDERICK A. RECIO
such are not their natural or customary results. G.R. No. 138322
October 2, 2001
CASE #14: YAO KEE VS. SY-GONZALES
G.R. No. L-55960 TOPIC: ARTICLE 3, NCC (Ignorance of the law excuses no one from
November 24, 1988 compliance therewith)

TOPIC: Customs, Articles 11-12 of the Civil Code ISSUE: Whether or not a divorce decree, may be given recognition in
Philippine jurisdiction only upon proof of the existence of the foreign law
ISSUE: Whether or not Sy Kiats marriage to Yao Kee in accordance with allowing absolute divorce and the alleged divorce decree itself (and as an
foreign law and customs conclusive effect be admissible as evidence to prove respondents legal capacity to
marry so that he could be absolved from the bigamy charge)
RULING: For failure to prove the foreign law or custom, and consequently,
the validity of the marriage in accordance with said law or custom, the RULING: In mixed marriages involving a Filipino and a foreigner, Article 26 of
marriage between Yao Kee and Sy Kiat cannot be recognized in this the Family Code allows the former to contract a subsequent marriage in case
jurisdiction. Well-established in this jurisdiction is the principle that Philippine the divorce is validly obtained abroad by the alien spouse capacitating him or
courts cannot take judicial notice of foreign laws. Further, even assuming for her to remarry. A divorce obtained abroad by a couple, who are both aliens,

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 8


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

may be recognized in the Philippines, provided it is consistent with their G.R. No. 162155
respective national laws. A comparison between marriage and divorce, as far August 28, 2007
as pleading and proof are concerned, can be made. The case of Van Dorn v. TOPIC: Computation of Period and Time Article 13
Romillo Jr. decrees that aliens may obtain divorces abroad, which may be
recognized in the Philippines, provided they are valid according to their ISSUE: Whether or not petition was filed within the two-year period
national law. Therefore, before a foreign divorce decree can be recognized by
our courts, the party pleading it must prove the divorce as a fact and RULING: Yes. Both Article 13 of the Civil Code and Section 31, Chapter VIII,
demonstrate its conformity to the foreign law allowing it. Presentation solely of Book I of the Administrative Code of 1987 deal with the same subject matter
the divorce decree is insufficient. the computation of legal periods. Under the Civil Code, a year is equivalent to
365 days whether it be a regular year or a leap year. Under the Administrative
In short, a divorce obtained abroad by an alien may be recognized in our Code of 1987, however, a year is composed of 12 calendar months. Needless
jurisdiction, provided such decree is valid according to the national law of the to state, under the Administrative Code of 1987, the number of days is
foreigner. However, the divorce decree and the governing personal law of the irrelevant. There obviously exists a manifest incompatibility in the manner of
alien spouse who obtained the divorce must be proven. Our courts do not computing legal periods under the Civil Code and the Administrative Code of
take judicial notice of foreign laws and judgment; hence, like any other facts, 1987. For this reason, we hold that Section 31, Chapter VIII, Book I of the
both the divorce decree and the national law of the alien must be alleged and Administrative Code of 1987, being the more recent law, governs the
proven according to our law on evidence. Respondent is getting ahead of computation of legal periods. Lex posteriori derogat priori. Therefore,
himself. Before a foreign judgment is given presumptive evidentiary value, the Primetown is entitled for the refund since it is filed within the 2-year
document must first be presented and admitted in evidence. A divorce reglementary period.
obtained abroad is proven by the divorce decree itself. Indeed the best
evidence of a judgment is the judgment itself. The decree purports to be a CASE #17: MICIANO vs. BRIMO
written act or record of an act of an officially body or tribunal of a foreign G.R. No. L-22595
country. November 1, 1927

TOPIC: Art. 15-17 Nationality Principle


CASE #16: CIR vs. PRIMETOWN

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Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

ISSUE: Whether or not a Turkish citizen who have resided in the Philippines to the testator's national law. Therefore, the orders appealed from are
may validly provide in his will that his properties be distributed according to modified and it is directed that the distribution of this estate be made in such a
Philippine Laws. manner as to include the herein appellant Andre Brimo as one of the
RULING: The institution of legatees in this will is conditional, and the legatees, and the scheme of partition submitted by the judicial administrator is
condition is that the instituted legatees must respect the testator's will to approved in all other respects, without any pronouncement as to costs.
distribute his property, not in accordance with the laws of his nationality, but in
accordance with the laws of the Philippines.If this condition as it is expressed CASE #18: VAN DORN vs. ROMILLO, JR.
were legal and valid, any legatee who fails to comply with it, as the herein G.R. No. L-68470
oppositor who, by his attitude in these proceedings has not respected the will October 8, 1985
of the testator, as expressed, is prevented from receiving his legacy. The fact
is, however, that the said condition is void, being contrary to law, for article TOPIC: Articles 15-17
792 of the civil Code provides the following: Impossible conditions and those
contrary to law or good morals shall be considered as not imposed and shall ISSUE: Whether or not private respondent is estopped from laying claim on
not prejudice the heir or legatee in any manner whatsoever, even should the the alleged conjugal property on the basis of the divorce decree obtained in
testator otherwise provide. Nevada.
And said condition is contrary to law because it expressly ignores the RULING: It is true that owing to the nationality principle embodied in Article
testator's national law when, according to article 10 of the civil Code above 15 of the Civil Code, only Philippine nationals are covered by the policy
quoted, such national law of the testator is the one to govern his testamentary against absolute divorces the same being considered contrary to our concept
dispositions. Said condition then, in the light of the legal provisions above of public police and morality. However, aliens may obtain divorces abroad,
cited, is considered unwritten, and the institution of legatees in said will is which may be recognized in the Philippines, provided they are valid according
unconditional and consequently valid and effective even as to the herein to their national law. In this case, the divorce in Nevada released private
oppositor. respondent from the marriage from the standards of American law, under
which divorce dissolves the marriage.
All of the remaining clauses of said will with all their dispositions and requests
are perfectly valid and effective it not appearing that said clauses are contrary

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Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

Thus, pursuant to his national law, private respondent is no longer the institute proceedings against the offenders where the statute provides that the
husband of petitioner. He would have no standing to sue in the case below as innocent spouse shall have the exclusive right to institute a prosecution for
petitioner's husband entitled to exercise control over conjugal assets. As he is adultery. Where, however, proceedings have been properly commenced, a
bound by the Decision of his own country's Court, which validly exercised divorce subsequently granted can have no legal effect on the prosecution of
jurisdiction over him, and whose decision he does not repudiate, he is the criminal proceedings to a conclusion. We see no reason why the same
estopped by his own representation before said Court from asserting his right doctrinal rule should not apply in this case and in our jurisdiction, considering
over the alleged conjugal property. our statutory law and jural policy on the matter. In the present case, the fact
that private respondent obtained a valid divorce in his country, the Federal
CASE #19: PILAPIL vs. IBAY-SOMERA Republic of Germany, is admitted. Said divorce and its legal effects may be
G.R. No. 80116 recognized in the Philippines insofar as private respondent is concerned in
June 30, 1989 view of the nationality principle in our civil law on the matter of status of
persons. It is true that owing to the nationality principle embodied in Article
TOPIC: Nationality Principle 15 of the Civil Code, only Philippine nationals are covered by the policy
against absolute divorces the same being considered contrary to our concept
ISSUE: Whether or not a person, who obtained a valid divorce abroad, may of public policy and morality. However, aliens may obtain divorces abroad,
file a criminal case of adultery against a former spouse in the Philippines. which may be recognized in the Philippines, provided they are valid according
to their national law. ( Van Dorn v. Romillo, Jr. 139 SCRA 139, 140). Under
RULING: NO. Under Article 344 of the Revised Penal Code, the crime of the same considerations and rationale, private respondent, being no longer
adultery, as well as four other crimes against chastity, cannot be prosecuted the husband of petitioner, had no legal standing to commence the adultery
except upon a sworn written complaint filed by the offended spouse. In these case under the imposture that he was the offended spouse at the time he filed
cases, therefore, it is indispensable that the status and capacity of the suit.
complainant to commence the action be definitely established and, as already
demonstrated, such status or capacity must indubitably exist as of the time he CASE #20: BARRETTO vs. GONZALES
initiates the action. American jurisprudence, on cases involving statutes in G.R. No. L-37048
that jurisdiction which are in pari materia with ours, yields the rule that after a March 7, 1933
divorce has been decreed, the innocent spouse no longer has the right to

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 11


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

TOPIC: Nationality Principle In Illinois, United States, Frank entered into a contract with the government of
the Philippines as a stenographer. After a while, the defendant is trying to
ISSUE: Whether or not any foreign divorce, relating to Filipino citizens will be evade the obligations in the contract contending that he was a minor under
recognized in this jurisdiction, except it be for a cause, and under conditions the laws of the Philippines at the time the contract was entered into and
for which the courts of Philippine Islands would grant a divorce. therefore, the contract cannot be enforced.
RULING: The entire conduct of the parties from the time of their separation
until the case was submitted to this court, in which they all prayed that the ISSUE: Whether or not the contract can be enforced against the defendant
Reno divorce be ratified and confirmed, clearly indicates a purpose to despite being a minor pursuant to the laws of the Philippines when the
circumvent the laws of the Philippine Islands regarding divorce and to secure contract was made.
for themselves a change of status for reasons and under conditions not
authorized by our law. At all times the matrimonial domicile of this couple has RULING: Yes, the contract can be enforced. The record discloses that, at the
been within the Philippine Islands and the residence acquired in the State of time the contract was entered into in the State of Illinois, he was an adult
Nevada by the husband of the purpose of securing a divorce was not a bona under the laws of that State and had full authority to contract. It is not
fide residence and did not confer jurisdiction upon the Court of that State to disputed upon the contrary the fact is admitted that at the time and
dissolve the bonds if matrimony in which he had entered in 1919. Litigants by place of the making of the contract in question the defendant had full capacity
mutual agreement can not compel the courts to approve of their own actions to make the same. No rule is better settled in law than that matters bearing
or permit the personal relations of the citizens of these Islands to be affected upon the execution, interpretation and validity of a contract are determined by
by decrees of foreign courts in a manner which our Government believes is the law of the place where the contract is made. Matters connected with its
contrary to public order and good morals. performance are regulated by the law prevailing at the place of performance.
Matters respecting a remedy, such as the bringing of suit, admissibility of
CASE #21: THE GOVERNMENT OF PH vs. FRANK evidence, and statutes of limitations, depend upon the law of the place where
G.R. No. L-2935 the suit is brought. Therefore, the defendant being fully qualified to enter into
March 23, 1909 the contract at the place and time the contract was made, he cannot plead
infancy as a defense at the place where the contract is being enforced.
TOPIC: Articles 15-17

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Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

won his case, would not contribute to secure his rights because of the court's
CASE #22: BARNUEVO vs. FUSTER lack of means to enforce them." (Torres Campos, "Elementos de Derecho
G.R. No. L-7487 International Privado," p. 108.) "Justice," says the same professor, "is a
December 29, 1913 principle superior to that of nations, and it should therefore be administered
without taking into any account whatsoever the state to which the litigants
TOPIC: Article 15 of the Civil Code belong. . . . In order to foster their relations and develop their commerce, all
civilized nations are interested in doing justice, not alone to their own people,
ISSUE: Whether the courts of the Philippines are competent or have but to those foreigners who contract within the country or outside of it juridical
jurisdiction to decree the divorce granting that the power to decree it is one of ties which in some manner effect their sovereignty. (Ibid, p. 107.) Might its
the rights included in the personal statute which provides that only courts, in some cases, in suits between foreigners residing in its territory,
ecclesiastical courts may try and declaring civil courts to be devoid of apply the personal law of the parties, but abdicate their jurisdiction, refrain
jurisdiction to do the same. from administering justice because the personal law of the foreigner gave the
jurisdiction of the given case to some court that is not the territorial one of the
RULING: The authority of jurisdictional power of courts to decree a divorce is nation? This has never yet been claimed in any of the theories regarding the
not comprised within the personal status of the husband and wife, simply conflict of laws arising out of questions of nationality and domicile; it would be
because the whole theory of the statutes and of the rights which belong to equivalent to recognizing extraterritorial law in favor of private persons. The
everyone does not go beyond the sphere of private law, and the authority and provisions of article 80 of the Civil Law of Spain is only binding within the
jurisdiction of the courts are not a matter of the private law of persons, but of dominions of Spain. It does not accompany the persons of the Spanish
the public or political law of the nation. "The jurisdiction of courts and other subject wherever he may go. He could not successfully invoke it if he resided
questions relating to procedure are considered to be of a public nature and in Japan, in China, in Hongkong or in any other territory not subject to the
consequently are generally submitted to the territorial principle. . . . All dominion of Spain. Foreign Catholics domiciled in Spain, subject to the
persons that have to demand justice in a case in which foreigners intervene, ecclesiastical courts in actions for divorce according to the said article 80 of
since they can gain nothing by a simple declaration, should endeavor to apply the Civil Code, could not allege lack of jurisdiction by invoking, as the law of
to the tribunales of the state which have coercive means (property situated in their personal statute, a law of their nation which gives jurisdiction in such a
the territory) to enforce any decision they may render. Otherwise, one would case to territorial courts, or to a certain court within or without the territory of
expose himself in the suit to making useless expenditures which, although he their nation.

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 13


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

TOPIC: Civil Laws (Articles 15-17)


CASE #23: TESTATE ESTATE OF BOHANAN vs. BOHANAN ET. AL
G.R. No. L-12105 ISSUE: Do the Philippine Laws apply in determining the successional rights
January 30, 1960 of an aliens compulsory heirs?

TOPIC: Article 16 RULING: No. The decedent was both a national of Texas and a domicile
thereof at the time of his death. So that even assuming Texas has a conflict of
ISSUE: Whether or not the failure of the testator, C.O. Bohanan, to give his law rule providing that the domiciliary system (law of the domicile) should
children two-thirds of the estate in accordance with the laws of the forum govern, the same would not result in a reference back (renvoi) to Philippine
valid. law, but would still refer to Texas law. Appellants' position is therefore not
rested on the doctrine of renvoi. Article 16, par. 2, and Art. 1039 of the Civil
RULING: Yes. The old Civil Code, which is applicable to this case because Code, render applicable the national law of the decedent, in intestate or
the testator died in 1944, expressly provides that successional rights to testamentary successions, with regard to four items: (a) the order of
personal property are to be earned by the national law of the person whose succession; (b) the amount of successional rights; (e) the intrinsic validity of
succession is in question. In the proceedings for the probate of the will, it was the provisions of the will; and (d) the capacity to succeed. Appellants would
found out and it was decided that the testator was a citizen of the State of however counter that Art. 17, paragraph three, of the Civil Code, stating that
Nevada because he had selected this as his domicile and his permanent Prohibitive laws concerning persons, their acts or property, and those
residence. The validity of testamentary dispositions, therefore, is to be which have for their object public order, public policy and good customs shall
governed by the national law of the testator, which allows a testator to not be rendered ineffective by laws or judgments promulgated, or by
dispose of all his property according to his will. In short, his failure to allot two- determinations or conventions agreed upon in a foreign country. prevails as
thirds of the estate to his children is valid. the exception to Art. 16, par. 2 of the Civil Code afore-quoted. This is not
correct. Precisely, Congress deleted the phrase, "notwithstanding the
CASE #24: BELLIS vs. BELLIS provisions of this and the next preceding article" when they incorporated Art.
GR. No. L-23678 11 of the old Civil Code as Art. 17 of the new Civil Code, while reproducing
June 6, 1967 without substantial change the second paragraph of Art. 10 of the old Civil

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Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

Code as Art. 16 in the new. It must have been their purpose to make the to the law of his domicile, the Philippines in the case at bar. The court of the
second paragraph of Art. 16 a specific provision in itself which must be domicile can not and should not refer the case back to California; such action
applied in testate and intestate succession. As further indication of this would leave the issue incapable of determination because the case will then
legislative intent, Congress added a new provision, under Art. 1039, which be like a football, tossed back and forth between the two states, between the
decrees that capacity to succeed is to be governed by the national law of the country of which the decedent was a citizen and the country of his domicile.
decedent. It is therefore evident that whatever public policy or good customs The Philippine court must apply its own law as directed in the conflict of laws
may be involved in our System of legitimes, Congress has not intended to rule of the state of the decedent, if the question has to be decided, especially
extend the same to the succession of foreign nationals. For it has specifically as the application of the internal law of California provides no legitime for
chosen to leave, inter alia, the amount of successional rights, to the children while the Philippine law, Arts. 887(4) and 894, Civil Code of the
decedent's national law. Specific provisions must prevail over general ones. Philippines, makes natural children legally acknowledged forced heirs of the
parent recognizing them.
CASE #25: AZNAR VS. GARCIA
G.R. No. L-16749 CASE #26: ROEHR vs. RODRIGUEZ
January 31, 1963 G.R. No. 142820
June 20, 2003
TOPIC: Renvoi Doctrine
TOPIC: Nationality Principle
ISSUE: Whether or not the intrinsic validity of the testamentary disposition of
the distribution of the estate of the deceased should be governed by the laws ISSUE: Whether or not respondent judge gravely abused her discretion when
of the Philippines under the Renvoi doctrine she assumed and retained jurisdiction over the present case despite the fact
that petitioner has already obtained a divorce decree from a German court.
RULING: The national law mentioned in Article 16 of our Civil Code is the law
on conflict of laws in the California Civil Code, i.e., Article 946, which RULING: No. In Garcia v. Recio,19 Van Dorn v. Romillo, Jr.,20 and Llorente v.
authorizes the reference or return of the question to the law of the testator's Court of Appeals,21 we consistently held that a divorce obtained abroad by an
domicile. The conflict of laws rule in California, Article 946, Civil Code, alien may be recognized in our jurisdiction, provided such decree is valid
precisely refers back the case, when a decedent is not domiciled in California, according to the national law of the foreigner. Relevant to the present case

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 15


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

is Pilapil v. Ibay-Somera,22 where this Court specifically recognized the validity the divorce decree and according to Article 26 of the Civil Code, a divorce
of a divorce obtained by a German citizen in his country, the Federal Republic obtained abroad by a couple, who are both aliens, may be recognized in the
of Germany. We held in Pilapil that a foreign divorce and its legal effects may Philippines, provided it is consistent with their respective national laws.
be recognized in the Philippines insofar as respondent is concerned in view of
the nationality principle in our civil law on the status of persons. As a general ISSUE: Whether or not a divorce decree, like any other foreign judgment,
rule, divorce decrees obtained by foreigners in other countries are may be given recognition in this jurisdiction
recognizable in our jurisdiction, but the legal effects thereof, e.g. on custody,
care and support of the children, must still be determined by our RULING: It is well-settled in our jurisdiction that our courts cannot take
courts.23 Before our courts can give the effect of res judicata to a foreign judicial notice of foreign laws. Like any other facts, they must be alleged and
judgment, such as the award of custody to petitioner by the German court, it proved. Australian marital laws are not among those matters that judges are
must be shown that the parties opposed to the judgment had been given supposed to know by reason of their judicial function. [44] The power of judicial
ample opportunity to do so on grounds allowed under Rule 39, Section 50 of notice must be exercised with caution, and every reasonable doubt upon the
the Rules of Court (now Rule 39, Section 48, 1997 Rules of Civil Procedure). subject should be resolved in the negative.
In sum, we find that respondent judge may proceed to determine the issue
regarding the custody of the two children born of the union between petitioner CASE #28: DBP vs. CA
and private respondent. G.R. No. 126200
August 16, 2001
CASE #27: GARCIA vs. RECIO
G.R. No. 138322 TOPIC: Human Relations (Articles 19, 20, and 21)
October 2, 2001
ISSUE: Will an agent be liable for not disclosing the limits of his authority to a
TOPIC: Articles 15-17 third person?

Petitioner filed a Complaint for Declaration of Nullity of Marriage, alleging that RULING: If the third person dealing with an agent is unaware of the limits of
respondent had a prior subsisting marriage at the time he married her. the authority conferred by the principal on the agent and he (third person) has
Respondent argued that the case should be dismissed because he presented been deceived by the non-disclosure thereof by the agent, then the latter is

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 16


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

liable for damages to him (V Tolentino, Commentaries and Jurisprudence on The basic principle of human relations, embodied in Article 19 of the Civil
the Civil Code of the Philippines, p. 422 [1992], citing Sentencia [Cuba] of Code, provides:
September 25, 1907). The rule that the agent is liable when he acts without
authority is founded upon the supposition that there has been some wrong or Art. 19. Every person must in the exercise of his rights and in the
omission on his part either in misrepresenting, or in affirming, or concealing performance of his duties, act with justice, give every one his due, and
the authority under which he assumes to act (Francisco, V., Agency 307 observe honesty and good faith.
[1952], citing Hall v. Lauderdale, 46 N.Y. 70, 75). Inasmuch as the non-
disclosure of the limits of the agency carries with it the implication that a Article 19, also known as the "principle of abuse of right," prescribes that a
deception was perpetrated on the unsuspecting client, the provisions of person should not use his right unjustly or contrary to honesty and good faith,
Articles 19, 20 and 21 of the Civil Code of the Philippines come into play. otherwise he opens himself to liability. It seeks to preclude the use of, or the
tendency to use, a legal right (or duty) as a means to unjust ends.
CASE #29: UYPITCHING vs. QUIAMCO
G.R. No. 146322 There is an abuse of right when it is exercised solely to prejudice or injure
December 6, 2006 another. The exercise of a right must be in accordance with the purpose for
which it was established and must not be excessive or unduly harsh; there
TOPIC: Article 19 of the Civil Code must be no intention to harm another. Otherwise, liability for damages to the
injured party will attach. In this case, the manner by which the motorcycle was
ISSUE: Whether or not petitioners Abused Their Right of Recovery as taken at petitioners instance was not only attended by bad faith but also
Mortgagee(s) and thus violated the provisons of Civil Code on Human contrary to the procedure laid down by law.
Relations.
CASE #30: WASSMER vs. VELEZ
RULING: No doubt, petitioner corporation, acting through its co-petitioner G.R. No. L-20089
Uypitching, blatantly disregarded the lawful procedure for the enforcement of December 26, 1964
its right, to the prejudice of respondent. Petitioners acts violated the law as
well as public morals, and transgressed the proper norms of human relations. TOPIC: Article 21

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 17


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

ISSUE: Whether or not a breach of promise to marry is an actionable wrong the New Civil Code, were still under obligation to treat him fairly in order not to
expose him to unnecessary ridicule and shame.
RULING: A mere breach of promise to marry is not an actionable wrong
however, to formally set a wedding and go through all the above-described (2) When a right is exercised in a manner which does not conform with the
preparation and publicity, only to walk out of it when the matrimony is about to norms enshrined in Article 19 and results in damage to another, a legal wrong
be solemnized, is quite different. This is palpably and unjustifiably contrary to is thereby committed for which the wrongdoer must be responsible. The
good customs for which defendant must be held answerable in damages in object of this article, therefore, is to set certain standards which must be
accordance with Article 21. observed not only in the exercise of ones rights but also in the performance of
ones duties. These standards are the following: act with justice, give
CASE #31: NIKKO HOTEL MANILA vs. REYES everyone his due and observe honesty and good faith. Its antithesis,
G.R. No. 154259 necessarily, is any act evincing bad faith or intent to injure. Its elements are
February 28, 2005 the following: (1) There is a legal right or duty; (2) which is exercised in bad
TOPIC: Article 19, 20, 21 of the Civil Code; Doctrine of volenti non fit injuria faith; (3) for the sole intent of prejudicing or injuring another. When Article 19
is violated, an action for damages is proper under Articles 20 or 21 of the Civil
ISSUE: (1) Whether or not the doctrine of volenti non fit injuria applies; Code. Article 20 pertains to damages arising from a violation of law which
(2) whether or not Ruby Lim abused her right in asking Reyes to leave the does not obtain herein as Ms. Lim was perfectly within her right to ask Mr.
party thereby becoming liable under Articles 19 and 21 of the Civil Code Reyes to leave. Article 21, on the other hand, refers to acts contra bonus
mores and has the following elements: (1) There is an act which is legal; (2)
RULING: (1)The doctrine of volenti non fit injuria (to which a person assents but which is contrary to morals, good custom, public order, or public policy;
is not esteemed in law as injury refers to self-inflicted injury or to the consent and (3) it is done with intent to injure. A common theme runs through Articles
to injury which precludes the recovery of damages by one who has knowingly 19 and 21, and that is, the act complained of must be intentional. All told, and
and voluntarily exposed himself to danger, even if he is not negligent in doing as far as petitioner are concerned, any damage which respondent might have
so. As formulated by petitioners, however, this doctrine does not find suffered through Ms. Lims exercise of a legitimate right done within the
application to the case at bar because even if respondent Reyes assumed the bounds of propriety and good faith, must be his to bear alone.
risk of being asked to leave the party, petitioners, under Articles 19 and 21 of
CASE #32: BAKSH vs. CA

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 18


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

G.R. No. 97336 TOPIC: Article 21 of the New Civil Code


February 19, 1993
ISSUE: May the family of Lolita Pe be entitled to damages caused by
TOPIC: Breach of Promise to Marry (Art. 19-21, NCC) defendant by seducing Lolita into an illicit affair

ISSUE: Whether or not damages may be recovered for a breach of promise RULING: YES. The circumstances under which the defendant tried to win
to marry on the basis of Article 21 of the Civil Code of the Philippines. Lolitas affection cannot lead to any conclusion than that it was he who, thru
an ingenious scheme of trickery, seduced the latter to the extent of making
RULING: In the light of the above laudable purpose of Article 21, We are of her fall in love with him. Indeed, no other conclusion can be drawn from this
the opinion, and so hold, that where a man's promise to marry is in fact the chain of events than that defendant not only deliberately, but through a clever
proximate cause of the acceptance of his love by a woman and his strategy, succeeded in winning the affection and love of Lolita to the extent of
representation to fulfill that promise thereafter becomes the proximate cause having illicit relations with her. The wrong he has caused her and her family is
of the giving of herself unto him in a sexual congress, proof that he had, in indeed immeasurable considering the fact that he is a married man. Verily, he
reality, no intention of marrying her and that the promise was only a subtle has committed an injury to Lolita's family in a manner contrary to morals,
scheme or deceptive device to entice or inveigle her to accept him and to good customs and public policy as contemplated in Article 21 of the new Civil
obtain her consent to the sexual act, could justify the award of damages Code.
pursuant to Article 21 not because of such promise to marry but because of
the fraud and deceit behind it and the willful injury to her honor and reputation CASE #34: QUISIMBING vs. MERALCO
which followed thereafter. It is essential, however, that such injury should GR NO. 142943
have been committed in a manner contrary to morals, good customs or public April 3, 2002
policy.
TOPIC: Human Relations, Art 19-21
CASE #33: PE vs. PE ISSUE: Whether or not MERALCO has the power to disconnect the electrical
G.R. No. L-17396 supply of the petitioners.
May 30, 1962

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 19


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

RULING: The Supreme Court ruled that the immediate disconnection of observed. A right, though by itself legal because recognized or granted by law
electrical service was not validly effected because of respondents non- as such, may nevertheless become the source of some illegality. When a right
compliance with the relevant provisions of RA 7832, the Anti-Electricity and is exercised in a manner which does not conform with the norms enshrined in
Electric Transmission Lines/Materials Pilferage Act of 1994. The presence of Article 19 and results in damage to another, a legal wrong is thereby
government agents who may authorize immediate disconnections go into the committed for which the wrongdoer must be held responsible. But while
essence of due process. Indeed, we cannot allow respondents to act virtually Article 19 lays down a rule of conduct for the government of human relations
as prosecutors and judge in imposing the penalty of disconnection due to and for the maintenance of social order, it does not provide a remedy for its
alleged meter tampering. That would not sit well in a democratic country. After violation. Generally, an action for damages under either Article 20 or Article 21
all, MERALCO is a monopoly that derives its power from the government. would be proper.
Clothing it with unilateral authority to disconnect would be equivalent to giving
it a license to tyrannize its hapless customers. Article 20, which pertains to damage arising from a violation of law. However,
in the case at bar, petitioners claim that they did not violate any provision of
CASE #35: GLOBE MACKAY CABLE vs. CA law since they were merely exercising their legal right to dismiss private
G.R. No. 81262 respondent. This does not, however, leave private respondent with no relief
August 25, 1989 because Article 21 of the Civil Code was adopted to remedy the "countless
gaps in the statutes, which leave so many victims of moral wrongs helpless,
TOPIC: Art. 19-21 even though they have actually suffered material and moral injury" should
"vouchsafe adequate legal remedy for that untold number of moral wrongs
ISSUE: Whether or not petitioners are liable for damages. which it is impossible for human foresight to provide for specifically in the
RULING: YES. Article 19 of the Civil Code, known to contain what is statutes"
commonly referred to as the principle of abuse of rights, sets certain
standards which must be observed not only in the exercise of one's rights but In determining whether or not the principle of abuse of rights may be invoked,
also in the performance of one's duties. These standards are the following: to there is no rigid test which can be applied. While the Court has not hesitated
act with justice; to give everyone his due; and to observe honesty and good to apply Article 19 whether the legal and factual circumstances called for its
faith. The law, therefore, recognizes a primordial limitation on all rights; that in application the question of whether or not the principle of abuse of rights has
their exercise, the norms of human conduct set forth in Article 19 must be been violated resulting in damages under Article 20 or Article 21 or other

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 20


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

applicable provision of law, depends on the circumstances of each case. And ISSUE: Whether or not an educational institution be held liable for damages
in the instant case, the Court, after examining the record and considering for misleading a student into believing that latter had satisfied all the
certain significant circumstances, finds that all petitioners have indeed abused requirements for graduation when such is not the case.
the right that they invoke, causing damage to private respondent and for
which the latter must now be indemnified. RULING: When a student is enrolled in any educational or learning institution,
a contract of education is entered into between said institution and the
CASE #36: UE vs. JADER student. It is the contractual obligation of the school to timely inform and
G.R. No. 132344 furnish sufficient notice and information to each and every student as to
February 17, 2000 whether he or she had already complied with all the requirements for the
conferment of a degree or whether they would be included among those who
TOPIC: Articles 19-21 will graduate. Petitioner, in belatedly informing respondent of the result of the
removal examination, particularly at a time when he had already commenced
Romeo Jader was enrolled in the University of the East College of Law from preparing for the bar exams, cannot be said to have acted in good faith.
1984 to 1988. Jaders name both appeared in the Tentative List of Candidates Absence of good faith must be sufficiently established for a successful
for graduation and in the invitation for the Investitures & Commencement prosecution by the aggrieved party in a suit for abuse of right under Article 19
Ceremonies. Jader attended the investiture ceremonies to which he also went of the Civil Code. Petitioner cannot pass on its blame to the professors to
up to the stage when his name was called. With that, he started preparing for justify its own negligence that led to the delayed relay of information to
the bar examination and took a leave of absence from his work without pay. respondent. When one of two innocent parties must suffer, he through whose
However, Jader was not able to take the bar examination due to his agency the loss occurred must bear it. However, while petitioner was guilty of
deficiency in Practice Court 1 subject as he was given a grade of five. negligence and thus liable to respondent for the latter's actual damages, we
Consequently, respondent sued petitioner for damages arising from the hold that respondent should not have been awarded moral damages.
latter's negligence. He prayed for an award of moral and exemplary damages,
unrealized income, attorney's fees, and costs of suit. WHEREFORE, the assailed decision of the Court of Appeals is AFFIRMED
with MODIFICATION. Petitioner is ORDERED to PAY respondent the sum of
Thirty-five Thousand Four Hundred Seventy Pesos (P35,470.00), with legal
interest of 6% per annum computed from the date of filing of the complaint

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Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

until fully paid; the amount of Five Thousand Pesos (P5,000.00) as attorney's supply without warning or informing the latter of such request. Petitioner
fees; and the costs of the suit. The award of moral damages is DELETED. claims that her request for disconnection was based on the advise of COWD
personnel and that her intention was just to compel the Spouses Pastorfide to
SO ORDERED. comply with their agreement that petitioner's account with COWD be
CASE #37: ARDIENTE VS. SPS. PASTORFIDE transferred in respondent spouses' name. If such was petitioner's only
G.R. No. 161921 intention, then she should have advised respondent spouses before or
July 17, 2013 immediately after submitting her request for disconnection, telling them that
her request was simply to force them to comply with their obligation under
TOPIC: Articles 19-21 their Memorandum of Agreement. But she did not. What made matters worse
is the fact that COWD undertook the disconnection also without prior notice
ISSUE: Whether or not petitioner Ardiente is liable when she requested for and even failed to reconnect the Spouses Pastorfides water supply despite
the disconnection of respondent Sps. Pastorfides' water supply though she payment of their arrears. There was clearly an abuse of right on the part of
had no participation in the actual disconnection. petitioner, COWD and Gonzalez. They are guilty of bad faith.

RULING: It is true that it is within petitioner's right to ask and even require the CASE #38: ALANO vs. MAGUD-LOGMAO
Spouses Pastorfide to cause the transfer of the former's account with G.R. No. 175540
Cagayan de Oro Water District (COWD) to the latter's name pursuant to their April 7, 2014
Memorandum of Agreement. However, the remedy to enforce such right is not
to cause the disconnection of the respondent spouses' water supply. The TOPIC: Art. 19-21 (Human Relations)
exercise of a right must be in accordance with the purpose for which it was
established and must not be excessive or unduly harsh; there must be no ISSUE: Whether or not Dr. Alano is liable for damages for failing to sufficiently
intention to harm another. Otherwise, liability for damages to the injured party exert all efforts to locate the relatives or next-of-kin of deceased patient prior
will attach. to the removal of the latters internal organs for transplant.

In the present case, intention to harm was evident on the part of petitioner RULING: No. Dr. Alano is not liable for damages. Petitioner instructed his
when she requested for the disconnection of respondent spouses water subordinates to "make certain" that "all reasonable efforts" are exerted to

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 22


Atty. Marciano G. Delson
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Persons & Family Relations
(ARTICLES 1-51)

locate the patient's next of kin, even enumerating ways in which to ensure
that notices of the death of the patient would reach said relatives. It also ISSUE: Whether or not the petitioners failed to comply with their obligation to
clearly stated that permission or authorization to retrieve and remove the insure the subject vehicle under the Deed of Chattel Mortgage.
internal organs of the deceased was being given ONLY IF the provisions of
the applicable law had been complied with. Such instructions reveal that RULING: NO. The Deed of Chattel Mortgage requires that the petitioners (1)
petitioner acted prudently by directing his subordinates to exhaust all secure the necessary insurance and (2) deliver the policies so endorsed to
reasonable means of locating the relatives of the deceased. He could not the respondent on the day of the execution of this mortgage. We hold that
have made his directives any clearer. He even specifically mentioned that petitioners did not default in the performance of their obligation.
permission is only being granted IF the Department of Surgery has complied
with all the requirements of the law. Verily, petitioner could not have been In the case at bar, the respondent failed to demand that petitioners comply
faulted for having full confidence in the ability of the doctors in the Department with their obligation to secure insurance coverage for the mortgaged vehicle.
of Surgery to comprehend the instructions, obeying all his directives, and Following settled jurisprudence, we rule that the petitioners had not defaulted
acting only in accordance with the requirements of the law. Further, it should on their obligation to insure the mortgaged vehicle and the condition sine qua
be emphasized that the internal organs of the deceased were removed only non for respondent to exercise its right to pay the insurance premiums over
after he had been declared brain dead; thus, the emotional pain suffered by the subject vehicle has not been established.
respondent due to the death of her son cannot in any way be attributed to The respondent further contends that its payment of the insurance premiums
petitioner. Neither can the Court find evidence on record to show that on behalf of the petitioners unjustly enriched the latter. Respondent adverts to
respondent's emotional suffering at the sight of the pitiful state in which she the provisions on quasi-contractual obligations in the New Civil
found her son's lifeless body be categorically attributed to petitioner's Code. Enrichment consists of every patrimonial, physical or moral advantage,
conduct. so long as it is appreciable in money. It may also take the form of avoidance
of expenses and other indispensable reductions in the patrimony of a person.
CASE #39: VILLALVA vs. RCBC It may also include the prevention of a loss or injury. In the case at bar,
G.R. No. 165661 petitioner spouses were not enriched when respondent obtained insurance
August 28, 2006 coverage for the mortgaged vehicle as the petitioner spouses had already
obtained the required insurance coverage for the vehicle from August 14,
TOPIC: Article 22 of the Civil Code: Unjust enrichment 1996 to August 14, 1997.

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 23


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

CASE #40: TENCHAVEZ vs. ESCANO residence" and "meddling with or disturbing the private life or family relations
G.R. No. L-19671 of another" and "similar acts", "though they may not constitute a criminal
November 29, 1965 offense which entitles him to damages.
TOPIC: Respect for Others Privacy, Personality, Etc. (Art. 26)
RULING: Yes. The damages fixed by Judge Leuterio are sanctioned by
ISSUE: Whether or not the parents of Vicenta Escano alienated the affections Articles 2200, 2208 and 2219 of the Civil Code. Article 2219 allows moral
of their daughter and influenced her conduct toward her husband Pastor damages for acts and actions mentioned in Article 26. As lengthily explained
Techavez thus entitling the latter for damages. by Justice Gatmaitan, the acts and omissions of the firm fan under Article 26.
St. Louis Realty's employee was grossly negligent in mixing up the Aramil and
RULING: NO. Vicentas parents certainly cannot be charged with alienation of Arcadio residences in a widely circulated publication like the Sunday Times.
affections in the absence of malice or unworthy motives, which have not been To suit its purpose, it never made any written apology and explanation of the
shown, good faith being always presumed until the contrary is proved. There mix-up. It just contented itself with a cavalier "rectification ".
is no evidence that the parents of Vicenta, out of improper motives, aided and
abetted her original suit for annulment, or her subsequent divorce.Vicenta
appears to have acted independently, and being of age, she was entitled to CASE #43: CHING vs. CA
judge what was best for her and ask that her decisions be respected. G.R. No. 110844.
April 27, 2000
CASE #41: ST. LOUIS REALTY VS. COURT OF APPEALS
G.R. No. L-46061 TOPICS: Prejudicial Question (Art. 36)
November 14, 1984 1. General Rule: Criminal Case takes precedence
2. Exception: Sec. 1, Rule 111, Rules of Court
TOPIC: Respect for others privacy, personality, etc. (Art. 26) 3. Application to civil, criminal, administrative cases

ISSUE: Whether or not the unauthorized use of Dr. Aramil's house in an ISSUE: WON the pendency of the civil action for damages warrants the
advertisement constituted acts covered by article 26 which provides that suspension of the criminal proceeding?
"every person shall respect the dignity, personality, privacy and peace of mind
of his neighbors and other persons". "Prying into the privacy of another's

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 24


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

RULING: As defined, a prejudicial question is one that arises in a case the November 29, 2000
resolution of which is a logical antecedent of the issue involved therein, and
the cognizance of which pertains to another tribunal. The prejudicial question TOPIC: Art. 36. Prejudicial Questions.
must be determinative of the case before the court but the jurisdiction to try
and resolve the question must be lodged in another court or tribunal . It is a ISSUE: WON the Ca erred in refusing to suspend the criminal and
question based on a fact distinct and separate from the crime but so administrative proceedings despite the pendency of case for declaration of
intimately connected with it that it determines the guilt or innocence of the nullity of marriage.
accused, and for it to suspend the criminal action, it must appear not only that
said case involves facts intimately related to those upon which the criminal
prosecution would be based but also that in the resolution of the issue or RULING: A prejudicial question has been defined as one based on a fact
issues raised in the civil case, the guilt or innocence of the accused would distinct and separate from the crime but so intimately connected with it that it
necessarily be determined. It comes into play generally in a situation where a determines the guilt or innocence of the accused, and for it to suspend the
civil action and a criminal action are both pending and there exists in the criminal action, it must appear not only that said case involves facts intimately
former an issue which must be preemptively resolved before the criminal related to those upon which the criminal prosecution would be based but also
action may proceed, because howsoever the issue raised in the civil action is that in the resolution of the issue or issues raised in the civil case, the guilt or
resolved would be determinative juris et de jure of the guilt or innocence of innocence of the accused would necessarily be determined. The rationale
the accused in the criminal case. More simply, for the court to appreciate the behind the principle of suspending a criminal case in view of a prejudicial
pendency of a prejudicial question, the law, in no uncertain terms, requires question is to avoid two conflicting decisions.
the concurrence of two essential requisites, to wit:
a) The civil action involves an issue similar or intimately related to the issue The outcome of the civil case for annulment of petitioners marriage to private
raised in the criminal action; and respondent had no bearing upon the determination of petitioners innocence
b) The resolution of such issue determines whether or not the criminal or guilt in the criminal case for bigamy, because all that is required for the
action may proceed charge of bigamy to prosper is that the first marriage be subsisting at the time
the second marriage is contracted Petitioners argument that the nullity of his
marriage to private respondent had to be resolved first in the civil case before
CASE #44: TE vs. CA the criminal proceedings could continue, because a declaration that their
G.R. No. 126746

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 25


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

marriage was void ab initio would necessarily absolve him from criminal secure a judicial declaration of nullity of their marriage before they should be
liability, is untenable. allowed to marry again. x x x."

In the instant case, petitioner contracted a second marriage although there


was yet no judicial declaration of nullity of his first marriage. In fact, he
instituted the Petition to have the first marriage declared void only after
CASE #45: MERCADO VS. TAN complainant had filed a letter-complaint charging him with bigamy. By
G.R. No. 137110 contracting a second marriage while the first was still subsisting, he
August 1, 2000 committed the acts punishable under Article 349 of the Revised Penal Code.
TOPIC: Article 36 of the Civil Code That he subsequently obtained a judicial declaration of the nullity of the first
marriage was immaterial. To repeat, the crime had already been
ISSUE: Whether or not a there is a prejudicial question since the petitioner consummated by then. Moreover, his view effectively encourages delay in the
filed a petition to declare his previous marriage void after contracting the prosecution of bigamy cases; an accused could simply file a petition to
second marriage. declare his previous marriage void and invoke the pendency of that action as
a prejudicial question in the criminal case. We cannot allow that.
RULING: NONE. Justice Reyes, an authority in Criminal Law whose earlier
work was cited by petitioner, changed his view on the subject in view of Article
40 of the Family Code and wrote in 1993 that a person must first obtain a CASE #46: PEOPLE vs. MORIGO
judicial declaration of the nullity of a void marriage before contracting a G.R. No. 145226
subsequent marriage:22 February 6, 2004
"It is now settled that the fact that the first marriage is void from the beginning
is not a defense in a bigamy charge. As with a voidable marriage, there must TOPIC: Article 36 Prejudicial Question
be a judicial declaration of the nullity of a marriage before contracting the
second marriage. Article 40 of the Family Code states that x x x. The Code ISSUE: Whether or not the civil case for judicial nullification of the appellant's
Commission believes that the parties to a marriage should not be allowed to marriage with Lucia posed a prejudicial question in the bigamy case.
assume that their marriage is void, even if such is the fact, but must first

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 26


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

RULING: The present case is analogous to, but must be distinguished The law abhors an injustice and the Court is mandated to liberally construe a
from Mercado v. Tan. In the latter case, the judicial declaration of nullity of the penal statute in favor of an accused and weigh every circumstance in favor of
first marriage was likewise obtained afterthe second marriage was already the presumption of innocence to ensure that justice is done. Under the
celebrated. We held therein that: circumstances of the present case, we held that petitioner has not committed
bigamy. Further, we also find that we need not tarry on the issue of the validity
A judicial declaration of nullity of a previous marriage is necessary of his defense of good faith or lack of criminal intent, which is now moot and
before a subsequent one can be legally contracted. One who enters academic.
into a subsequent marriage without first obtaining such judicial
declaration is guilty of bigamy. This principle applies even if the earlier CASE #47: SPOUSES YU vs. PCIB
union is characterized by statutes as void. GR No. 147902
March 17, 2006
It bears stressing though that in Mercado, the first marriage was actually
solemnized not just once, but twice: first before a judge where a marriage TOPIC: Article 36 of the Civil Code
certificate was duly issued and then again six months later before a priest in
religious rites. Ostensibly, at least, the first marriage appeared to have ISSUE: WON prejudicial question exist in a civil case for annulment of a
transpired, although later declared void ab initio. certificate of sale and a petition for the issuance of a writ of possession
In the instant case, however, no marriage ceremony at all was performed by a RULING: No. In the present case, In the present case, the complaint of the
duly authorized solemnizing officer. Petitioner and Lucia Barrete merely petitioners for Annulment of Extrajudicial Sale is a civil action and the
signed a marriage contract on their own. The mere private act of signing a respondents petition for the issuance of a writ of possession of Lot No. 3-A,
marriage contract bears no semblance to a valid marriage and thus, needs no Block 1, Psd-07-021410, TCT No. 44668 is but an incident in the land
judicial declaration of nullity. Such act alone, without more, cannot be deemed registration case and, therefore, no prejudicial question can arise from the
to constitute an ostensibly valid marriage for which petitioner might be held existence of the two actions. It generally comes into play in a situation where
liable for bigamy unless he first secures a judicial declaration of nullity before a civil action and a criminal action are both pending and there exists in the
he contracts a subsequent marriage. former an issue that must be preemptively resolved before the criminal action
may proceed, because howsoever the issue raised in the civil action is

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 27


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

resolved would be determinative juris et de jure of the guilt or innocence of involves facts intimately related to those upon which the criminal prosecution
the accused in the criminal case. The two cases can proceed separately and would be based but also that in the resolution of the issue or issues raised in
take their own direction independently of each other. the civil case, the guilt or innocence of the accused would necessarily be
determined.
Note: In short, there can be no prejudicial question in the case because both CASE #49: QUIMIGING vs. ICAO
are civil actions. It may only arise if one is criminal case and other is civil GR No. L-26795
case. July 31, 1970
TOPIC: Commencement of Civil Personality
CASE #48: DONATO vs. LUNA
G.R. No. L-53642 ISSUE: Whether or not a conceived child, although as yet unborn, possess
April 15, 1988 civil personality and thus entitled to support from its progenitors.

TOPIC: Prejudicial Question RULING: The Supreme Court held that A conceived child, although as yet
unborn, is given by law a provisional personality of its own for all purposes
ISSUE: Whether or not a criminal case for bigamy pending before the Court favorable to it, as explicitly provided in Article 40 of the Civil Code of the
of First Instance of Manila should be suspended in view of a civil case for Philippines. The unborn child, therefore, has a right to support from its
annulment of marriage pending before the Juvenile and Domestic Relations progenitors, particularly of the defendant-appellee (whose paternity is
Court on the ground that the latter constitutes a prejudicial question? deemed admitted for the purpose of the motion to dismiss), even if the said
child is only "en ventre de sa mere;." It is thus clear that the lower court's
RULING: The requisites of a prejudicial question do not obtain in the case at theory that Article 291 of the Civil Code declaring that support is an obligation
bar. A prejudicial question has been defined to be one which arises in a case, of parents and illegitimate children "does not contemplate support to children
the resolution of which question is a logical antecedent of the issue involved as yet unborn," violates Article 40 aforesaid, besides imposing a condition that
in said case, and the cognizance of which pertains to another tribunal. It is nowhere appears in the text of Article 291. It is true that Article 40 prescribing
one based on a fact distinct and separate from the crime but so intimately that "the conceived child shall be considered born for all purposes that are
connected with it that it determines the guilt or innocence of the accused, and favorable to it" adds further "provided it be born later with the conditions
for it to suspend the criminal action, it must appear not only that said case specified in the following article" (i.e., that the foetus be alive at the time it is

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 28


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

completely delivered from the mother's womb). This proviso, however, is not a
condition precedent to the right of the conceived child; for if it were, the first This is not to say that the parents are not entitled to collect any damages at
part of Article 40 would become entirely useless and ineffective. all. But such damages must be those inflicted directly upon them, as
CASE #50: GELUZ vs. CA distinguished from the injury or violation of the rights of the deceased, his
G.R. No. L-16439 right to life and physical integrity. Because the parents cannot expect either
July 20, 1961 help, support or services from an unborn child, they would normally be limited
to moral damages for the illegal arrest of the normal development of the spes
TOPIC: Article 40 of the Civil Code hominis that was the foetus, i.e., on account of distress and anguish attendant
to its loss, and the disappointment of their parental expectations (Civ. Code
ISSUE: Whether or not the husband of a woman, who voluntarily procured Art. 2217), as well as to exemplary damages, if the circumstances should
her abortion, could recover damages from physician who caused the same. warrant them (Art. 2230). But in the case before us, both the trial court and
the Court of Appeals have not found any basis for an award of moral
RULING: Since an action for pecuniary damages on account of personal damages, evidently because the appellee's indifference to the previous
injury or death pertains primarily to the one injured, it is easy to see that if no abortions of his wife, also caused by the appellant herein, clearly indicates
action for such damages could be instituted on behalf of the unborn child on that he was unconcerned with the frustration of his parental hopes and
account of the injuries it received, no such right of action could derivatively affections. His only concern appears to have been directed at obtaining from
accrue to its parents or heirs. In fact, even if a cause of action did accrue on the doctor a large money payment, since he sued for P50,000.00 damages
behalf of the unborn child, the same was extinguished by its pre-natal death, and P3,000.00 attorney's fees, an "indemnity" claim that, under the
since no transmission to anyone can take place from on that lacked juridical circumstances of record, was clearly exaggerated.
personality (or juridical capacity as distinguished from capacity to act). It is no
answer to invoke the provisional personality of a conceived child (conceptus CASE #51: LIMJOCO v ESTATE OF PEDRO FRAGRANTE
pro nato habetur) under Article 40 of the Civil Code, because that same article G.R. No. L-770
expressly limits such provisional personality by imposing the condition that April 27, 1948
the child should be subsequently born alive: "provided it be born later with the
condition specified in the following article". In the present case, there is no TOPIC: Juridical Personality
dispute that the child was dead when separated from its mother's womb.

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 29


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

ISSUE: Whether or not the estate of Fragrante can be considered as an no more civil personality. His juridical capacity, which is the fitness to be the
artificial or juridical person for distribution and settlement purposes. subject of legal relations, was lost through death. (Arts. 37 and 42, Civil
Code).
RULING: The term "person must be deemed to include artificial or juridical CASE #53: MO YA LIM YAO vs. CID
persons, for otherwise these latter would be without the constitutional G.R. No. L-21289
guarantee against being deprived of property without due process of law, or October 4, 1971
the immunity from unreasonable searches and seizures. We take it that it was
the intendment of the framers to include artificial or juridical, no less than TOPIC: Naturalization - Qualification and Disqualification; CA 473
natural, persons in these constitutional immunities and in others of similar
nature. Among these artificial or juridical persons figure estates of deceased ISSUE: Whether petitioner ipso facto became a Filipino citizen upon her
persons. Hence, we hold that within the framework of the Constitution, the marriage to a Filipino citizen
estate of Pedro O. Fragrante should be considered an artificial or juridical
person for the purposes of the settlement and distribution of his estate. RULING: Under Section 15 of Commonwealth Act 473, an alien woman
marrying a Filipino, native born or naturalized, becomes ipso facto a Filipina
CASE #52: DUMLAO VS. QUALITY PLASTICS provided she is not disqualified to be a citizen of the Philippines under Section
G.R. No. L-27956 4 of the same law. Likewise, an alien woman married to an alien who is
April 30, 1976 subsequently naturalized here follows the Philippine citizenship of her
husband the moment he takes his oath as Filipino citizen, provided that she
TOPIC: Juridical Persons/Juridical Capacity does not suffer from any of the disqualifications under said Section 4.
Whether the alien woman requires to undergo the naturalization proceedings,
ISSUE: Whether or not the judgment against Oria and execution against his Section 15 is a parallel provision to Section 16. Thus, if the widow of an
land annulled on the ground of lack in juridical capacity applicant for naturalization as Filipino, who dies during the proceedings, is not
required to go through a naturalization proceedings, in order to be considered
RULING: As far as Oria was concerned, the lower court's judgment against as a Filipino citizen hereof, it should follow that the wife of a living Filipino
him in Civil Case No. T-662 is void for lack of jurisdiction over his person. He cannot be denied the same privilege.
was not, and he could not have been, validly served with summons. He had

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 30


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

CASE #54: FRIVALDO vs. COMELEC and curb certain evils. By their very nature, curative statutes are retroactive
G.R. No. 87193 (and) reach back to past events to correct errors or irregularities and to render
June 23, 1989 valid and effective attempted acts which would be otherwise ineffective for the
purpose the parties intended." On the other hand, remedial or procedural
TOPIC: Retroactive Application of the Law laws, i.e., those statutes relating to remedies or modes of procedure, which
do not create new or take away vested rights, but only operate in furtherance
ISSUE: Was the repatriation of Frivaldo valid and legal? If so, did it of the remedy or confirmation of such rights, ordinarily do not come within the
seasonably cure his lack of citizenship as to qualify him to be proclaimed and legal meaning of a retrospective law, nor within the general rule against the
to hold the Office of Governor? If not, may it be given retroactive effect? If so, retrospective operation of statutes.
from when?
CASE #55: ROMUALDEZ - MARCOS vs. COMELEC
RULING:To remove all doubts on this important issue, we hold that the G.R. No. 119976
repatriation of Frivaldo RETRO ACTED to the date of the filing of his September 18, 1995
application on August 17,1994. It is true that under the Civil Code of
the Philippines, "laws shall have no retroactive effect, unless the contrary is TOPIC: Art. 37-51 Domicile vs. Residence
provided." But there are settled exceptions to this general rule, such as when
the statute is CURATIVE or REMEDIAL in nature or when it CREATES NEW ISSUE: Whether or not petitioner has satisfied the one year residency
RIGHTS. According to Tolentino, curative statutes are those which undertake requirement to run as the representative of the First District of Leyte at the
to cure errors and irregularities, thereby validating judicial or administrative time of the May 9, 1995 elections.
proceedings, acts of public officers, or private deeds and contracts which
otherwise would not produce their intended consequences by reason of some RULING: The Supreme Court determined that petitioner possesses the
statutory disability or failure to comply with some technical requirement. They necessary residence qualifications to run for a seat in the House of
operate on conditions already existing, and are necessarily retroactive in Representatives in the First District of Leyte, the COMELEC's resolutions are
operation. Agpalo, on the other hand, says that curative statutes are "healing hereby SET ASIDE.
acts curing defects and adding to the means of enforcing existing obligations
(and) are intended to supply defects, abridge superfluities in existing laws,

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 31


Atty. Marciano G. Delson
CIVIL LAW REVIEW 1 CASE DIGESTS
Persons & Family Relations
(ARTICLES 1-51)

Residence in the civil law is a material fact, referring to the physical presence continuity or residence be rebutted, for a change of residence requires an
of a person in a place. A person can have two or more residences, such as a actual and deliberate abandonment, and one cannot have two legal
country residence and a city residence. Residence is acquired by living in residences at the same time To effect an abandonment requires the voluntary
place; on the other hand, domicile can exist without actually living in the act of relinquishing petitioner's former domicile with an intent to supplant the
place. The important thing for domicile is that, once residence has been former domicile with one of her own choosing (domicilium voluntarium).
established in one place, there be an intention to stay there permanently,
even if residence is also established in some other
place.

The Rules on Domicile are as ff:

First, minor follows the domicile of his parents. As domicile, once acquired is
retained until a new one is gained, it follows that in spite of the fact of
petitioner's being born in Manila, Tacloban, Leyte was her domicile of origin
by operation of law. This domicile was not established only when her father
brought his family back to Leyte contrary to private respondent's averments.

Second, domicile of origin is not easily lost. To successfully effect a change of


domicile, one must demonstrate:
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.

In the absence of clear and positive proof based on these criteria, the
residence of origin should be deemed to continue. Only with evidence
showing concurrence of all three requirements can the presumption of

4S S.Y. 2015-2016 || San Beda College Alabang School of Law 32


Atty. Marciano G. Delson

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