Reviewer: Persons and Family Relations Pamela Faith Madulid: Article 1. Article 2

REVIEWER: PERSONS AND FAMILY RELATIONS Pamela Faith Madulid 1
ARTICLE 1. This Act shall be known as the “Civil Code of LAW – is a rule of conduct just, obligatory promulgated by
the Philippines.” legitimate authority and of common observance and benefit.
ARTICLE 2. Laws shall take effect after fifteen days LAW – is a science of principles by which the civil society is
following the completion of their publication either in the regulated and held together, by which right is enforced and
Official Gazette or in a newspaper of general circulation in wrong is detected and punished
the Philippines, unless it is otherwise provided.
LAW – the body of rule governing the conduct of persons
ARTICLE 3. Ignorance of the law excuses no one from living in association with others, under the guaranty of social
compliance therewith. compulsion.
ARTICLE 4. Laws shall have no retroactive effect, unless PUBLICATION REQUIREMENT

the contrary is provided.
Even if the law provides for a date of effectivity, the law is
ARTICLE 5. Acts executed against the provisions of still required to be published in the official gazette or
mandatory or prohibitory laws shall be void, except when newspaper of general circulation.
the law itself authorizes their validity.
- To give adequate notice to the public about the laws to
ARTICLE 6. Rights may be waived, unless the waiver is regulate their actions and conduct as citizens
contrary to law, public order, public policy, morals, or - Without notice and publication there would be no basis
good customs, or prejudicial to a third person with a right for “ignoratia legis non ecusat”
recognized by law.
ARTICLE 7. Laws are repealed only by subsequent ones, ARTICLE 3. Ignorance of the law excuses no one from
and their violation or non-observance shall not be excused compliance therewith.
by disuse, or custom or practice to the contrary.
When the courts declare a law to be inconsistent with the

Constitution, the former shall be void and the latter shall
govern.
Administrative or executive acts, orders and regulations

shall be valid only when they are not contrary to the laws
or the Constitution.
The new civil code took effect on AUGUST 30, 1950 – R.A.
No. 386 or the Civil Code of the Philippines
ARTICLE 4. Laws shall have no retroactive effect, unless
It is divide into 4 books: the contrary is provided.
1. Persons Maxim: “Lex prospicit, non respicit”

2. Property, ownership and its modifications
Means the law looks forward and not backward
3. Different modes of acquiring ownership
4. Obligations and Contracts General rule:
Civil Law – a branch of law that treats personal and family -Law shall have a prospective effect meaning the law applies
relations of a person, his property and successional rights and to the present and future situation or acts
the effect of obligations and contracts.
- the rationale for the general rule of prospectivity of law is
CIVIL – derive from latin “CIVILES means a CITIZEN” that it is intended to protect vested rights
Originally the word pertained to a member of “CIVITAS” - the retroactive application of a law usually divest rights that
which is a FREE POLITICAL COMMUNITY have already become vested or impairs the obligations of
contract and hence is unconstitutional
Civil law consist of mass of precepts that determine or
regulate the relations that exist between members of a society Carolino vs Senga - GR NO. 189649
for the protection of private interest.
-retirement law Provisions of the family code may be given retroactive effect
subject to the condition that: “No vested rights are impaired”
-No retroactive application of the retirement law
2. When the law is penal in character and it is favorable to
PD No. 1638, as amended applies prospectively the accused
 Is about the new system of retirement and separation Ex. Article 22 – Revised Penal Code
from service of military personnel
 Applied to those who were in service at the time of its People vs. Talaro – GR No. 175781
approval
RA. No. 9346 ( law prohibiting death penalty)
 Not applicable to those who retire before the effectivity
of the law (1979) -is favorable to the accused therefore it is given a
retroactive effect
-After an act is amended, the original rule continues to be in
force with regard to all the rights that had accrued prior to - appellant in the case of People vs. Talaro should only
such amendment. be sentenced to suffer reclusion perpetua with eligibility for
parole
- Vested rights in retirement: when the person complies with
eligibility requirement Abalos vs. People GR No. 221836
 When employee retires and meets the eligibility - If the RPC is more beneficial to the accused, it is proper
requirements, penalty to be imposed
- If new law is not beneficial to the accused, it will not be
- Acquires vested right to the benefits protected by the due
given retroactive effect
process clause
-Indeterminate sentence is imposed to give the accused the
 enjoys protected property interest
opportunity to shorten the term of imprisonment depending
 right to immediate payment
upon his or her demeanor, physical, mental and moral record
- Vested right include legal or equitable title to the as prisoner
enforcement of demand and exception from new obligations
-The goal of law is to encourage reformation and good
after the rights has vested
behavior and reduce incidence of recidivism
- PD 1638 cannot be applied RETROACTIVELY, it will
-Grant of parole after minimum sentence is still conditional
prejudice interest of petitioner
-Flexibility granted to petitioner to avail benefits of parole
Vested Right (concept)
considering the much shorter minimum sentence under RPC
- consequence of the constitutional guaranty of due process
3. When the law is procedural in nature
- expresses a present fixed interest which in right reason and - Rationale for retroactive application of procedural laws
natural justice is protected against arbitrary state action.  Remedial laws- provide methods of enforcing rights
or obtaining redress for their violation.
- includes legal or equitable title to the enforcement of demand  Reason for retroactive application of these type of
and exemptions from new obligations created after the right law is that there are no vested rights in rules of
was vested procedure
Rights are considered vested when the right to enjoyment is: -Procedural rules may apply retroactively to pending
- present interest proceedings even w/o any explicit provision
- absolute Rule of procedure – Article 40. Family Code is
- unconditional Remedial/procedural law is applicable to remarriages entered
- perfect/fixed and irrefutable into after the effectivity of the family code on August 3, 1988
(regardless of the date of the first marriage)
Four Exceptions to the general rule (law may be given
retroactive effect) Atienza vs. Brillantes 234 SCRA
1. When the law provides for its retroactivity -respondent has not shown any vested right that was impaired
by the application of article 40 in the case.
Ex. Article 256 – Family code
4. When the law is curative in nature Waiver- Intentional or voluntary relinquishment of a known
right
Curative law - to correct or cure the defect of prev. law
-are not presumed but must be clearly and convincingly shown
- forms of retrospective legislation by express stipulation or acts of admitting no other reasonable
-reach back to past events to correct error or irregularities exploration
-render valid and effective attempted acts -For a right to be validly waived, it must be in existence at the
time of the waiver
Ex. RA No. 11223 – Universal Health Care Act
-must be exercised by a duly capacitated person actually
PHIC vs. COA GR No. 222710 (settled by RA. No. 11223) possessing the right to make the waiver
RA. No. 11223 Requisites of a valid waiver: (memorize)
 Is a curative statute that remedies the shortenings of 1. The waiving party must actually have the right he is
RA. 7305 renouncing
 Is a curative legislation 2. He must have the full capacity to make the waiver
3. The waiver must be clear and unequivocal
Curative statutes are intended to correct defects, abridge
4. The waiver must not be contrary to the law, public
superfluities in existing laws and curb certain evils
order, public policy, morals or good customs or
R.A. No. 11223 promotes the objective of R.A. No. 7305 which prejudicial to a third person w/ a right recognized by
is to promote and improve the social and economic well- being law
of health workers 5. When formalities are required, the formalities must
be complied with. For example, an express
Article 5- Civil Code condonation of debt must be in the form of a
donation
Mandatory- if the law commands that something be done
Quitclaims and waivers are often times frowned upon
Prohibitory- if law commands that something should not be
done -are considered as ineffective in barring recovery for the full
measure of the workers right and that acceptance of the
Directory- if the law commands that what it permits to be done
benefits does not amount to estoppel
should be tolerated or respected
Ex. Employer and employee do not stand on the same footing
General Rule: Acts executed against the provisions of
mandatory or prohibitory laws are void. Not all waiver and quitclaims are invalid as against public
policy.
Exceptions to the rule:
-if agreement was voluntarily entered and represents a
1. When the law itself authorizes its validity although
reasonable statement, it may not later be disowned simply
generally they would have been void.
because of change of mind
2. When the law makes the act valid , but punishes the
violator. Guy vs. court of appeals – GR No. 163707
3. When the law merely make the act voidable, that is,
valid unless annulled -no valid waiver of hereditary rights
4. When the law declares the act void but recognizes
-document did not specifically mention private represents
legal effects as arising from it.
hereditary share in the estate
Article 6
In this case, private respondents could not have possibly
KINDS OF RIGHT: waived their successional rights because they are not yet to
prove their statue as acknowledged illegitimate children of
 Political rights- referring to the participation of persons in deceased.
the government of the state
 Civil rights – include all other rights (personality, family, Repudiation of inheritance by guardians
patrimonial)
(article 1044- new civil code)
-parents and guardians may not therefore repudiate the -to repeal a law is to void on existing law by passage
inheritance of their wards w/o judicial approval of repealing statute or by public vote on a referendum
-law may be repealed by implication, by passage of a
-repudiation amounts to an alienation of property w/c must statute which is inconsistent with the old statute
pass the courts scrutiny in order to protect the interest of the
ward Kinds of repeal:
-not having been judicially authorized, the release and waiver 1. Express repeal
of claim in the instant case is void and will not bar private - is contained in a special provision of subsequent
respondents from asserting their rights as heirs of the deceased law.
- repealing laws provide for a provision or a repealing
Waivers is the intentional relinquishment of a known right clause explicitly stating that a particular existing law
-if one lacks knowledge of a right, there is no basis which or part of a law is repealed
waiver it can rest. 2. Implied repeal
- takes place when the provisons of subsequent law
-ignorance of material fact negates waiver are incompatible with those of an earlier law.
- when there is no repealing law, but the prior law
-waiver cannot be established by a consent given under a
and the subsequent law could not reconcile being
mistake or misapprehension of fact
substantially inconsistent with one another
Aldovino vs. NLRC – GR No. 200811
Presumption against implied repeal (refer on the book) p. 21
Quitclaims do not bar employees from filling bar complaints
 Repeal of law by implication are not favored
and demanding benefits to which they are legally entitled
 Courts must generally assume their congruent application
-they are ineffective in barring recovery of full measure of a
Rules on repeal:
workers rights and the acceptance of benefits therefrom does
not amount to estoppel. 1. If both statutes can reasonably stand together, there is
no repeal. Implied repeal is not looked upon with
-law does not recognize agreements that result in
favor because it rest only on presumption that there is
compensation less than what is mandated by law.
an intention to repeal. Statutes in pari material should
Quitclaims do not prevent employee from subsequently be harmonized if possible
claiming benefits to which they are legally entitled
2. When there is a conflict between general law and a
special statute, the special statute should prevail since
it evinces the legislative intent more clearly than the
Restriction on petitions right to prosecute
general statute
-it should not be continued as a restriction on petitioner’s right
to prosecute other legitimate claims they have against the
respondents 3. The constitution is the highest law of the land to
which all other laws must abide otherwise they will
Blanket waiver be void for being unconstitutional. The last paragraph
comes the majesty and supremacy of the constitution
-Paragraph 7 of compromise agreement
is made part of the law as a constant reminder to
“shall give up other rights of compensation shall not ask for administrative officials to discourage or abuse of
any compensation based on any other causes” cannot bar power.
petitioners from filing case. From being indemnified should
respondents be adjudged liable
Duty of the judiciary
-Blanked waivers exonerating employers form liability on the
claims of their employees are ineffective. -enforce the constitution
Article 7 Under the constitution, Supreme Court may declare an out of
national legislature invalid because it is in conflict with the
Repeal- means to revoke or revised especially by an official or
fundamental law- the 1987 constitution
formal act
Effect if law is declared as unconstitutional: Means Every statute must be so interpreted and bought into
accord with other laws as to form inform jurisprudence
1. Orthodox view
2. Liberal view -legislature should be presumed to have known the existing
laws on the subject and not have enacted to conflicting
Orthodox view (art. 7 civil code) statutes.
-when the courts declared a law to be inconsistent, with the -all doubts must be resolved against any implied repeal all
constitution, and the former shall be void and the latter shall efforts should be exerted in order to harmonize and give effect
govern. to all laws on the subject.
Liberal view The provisions of RA 8369 must be read in harmony with
-before an act is declared unconstitutional, it is an operative RA 7029 and BP 129
act which can be the source of rights and duties -that family courts have concurrent jurisdiction with the court
-the doctrine of operative fact recognizes the existence of the of appeals and the supreme court in petitions for habeas corpus
law or executive act prior to the determination of its where the custody of minors is at issue.
unconstitutionality as an operative fact that produced
consequences that cannot be erased, ignored or disregarded.
The 1987 constitution on repeal - Article XVIII- section 3
The family code of the Philippines on repeal
Article 254-titles 3-6, 8-9, 11, 15 of republic of act No. 86

(civil code of PH)
Article 17-19, 27-31, 39- 42 of presidential decree oe child

and youth welfare code
Amended and all laws, decrees, executive orders,

proclamations, rules and regulations or parts thereof,
inconsistent herewith are hereby repealed
Article 255 of family code
-if any provision of this code is held invalid, all other

provisions not affected thereby shall remain valid.
Article 8 – Judicial Decisions

Thornton vs. Thornton GR No. 154598
“Judicial decisions applying or interpreting the laws or the
Literal interpretation will result in grave injustice and the Constitution shall form a part of the legal system of the
united nations consention on the rights of child Philippines.”
-this mandate shall prevail over legal technicalities and serve The judicial department has no power to enact laws because
as the guiding principle in constructing the provisions of 8369 the same is the exclusive province of the legislative
Implied repeals are not favored department. Likewise, it is not the province of the courts to
supervise legislation and keep it within the bounds of
- Two laws must be absolutely incompatible and clear finding propriety and common sense, as these matters are exclusively
thereof must surface before the interference of implied repeal of legislative concern.
may be drawn.
While judicial decisions form part of the legal system, judicial
“interpretare et concordare legibles est optimus interpretendi” decisions are not laws. They are evidence of what the law
means, and this is why they are part of the legal system of the
Philippines. The interpretation placed upon the written law by grant of authority to possess the firearm, but as well as at the
a competent court has the force of law. time of his apprehension, defendants incurred no criminal
liability for possession of the said riffle, notwithstanding his
“DOCTRINE OF STARE DECISIS” means that when the non-compliance with the legal requirements relating to firearm
Court has once laid down a principle of law as applicable to a licenses.
certain state of facts, it will adhere to that principle and apply
it to all future cases where the facts are substantially the same. COURT DECISIONS - PRINCIPLE OF STARE DECISIS. —
The doctrine of stare decisis enjoins adherence to judicial Article 8 of the Civil Code of the Philippines decrees that
precedents. The doctrine is based on the principle that once a judicial decisions applying or interpreting the laws of the
question of law has been examined and decided, it should be Constitution form part of this jurisdiction's legal system. These
deemed settled and closed to further argument. The doctrine, decisions, although in themselves are not laws, constitute
however, does not mean blind adherence to precedents. If the evidence of what the laws mean. The application or
doctrine is found to be contrary to law or erroneous, it should interpretation merely establishes the contemporaneous
be abandoned. legislative intent that the construed law purports to carry into
effect.
Note: only decisions of the Supreme Court establish
jurisprudence or doctrine in this jurisdiction. Only decisions of
the Supreme Court are considered in the application of the
doctrine of stare decisis. Ting v. Velez–Ting G.R. No. 166562 Mar 31, 2009
On October 21, 1993, after being married for more than 18
years to petitioner and while their youngest child was only two
People vs. Licera G.R. No. L-39990 July 22, 1975 years old, Carmen filed a verified petition before the RTC of
Cebu City for the declaration of nullity of their marriage based
FACTS: on Article 36 of the Family Code. She claimed that Benjamin
In the municipal court, Licera was charged with the offenses suffered from psychological incapacity even at the time of the
of illegal possession of firearm and assault upon an agent of a celebration of their marriage, which, however, only became
person in authority. Found guilty of the first charge, he manifest thereafter.
appealed to the Court of First Instance of the province. The On January 9, 1998, the lower court rendered its decision
second case against him was forwarded to the same court declaring the marriage between petitioner and respondent null
where the parties agreed to a joint trial of the two cases but and void. The RTC gave credence to Dr. Onate’s findings and
was only convicted of illegal possession of firearm. Plaintiff the admissions made by Benjamin in the course of his
brought the case to the Court of Appeals invoking as his legal deposition, and found him to be psychologically incapacitated
jurisdiction for his possession of firearm his appointment as a to comply with the essential obligations of marriage.
secret agent by the Governor of Batangas. He claimed that as
secret agent he was a "peace officer" and, thus, pursuant to On October 19, decisis-
Vertical stare 2000, deals
the with
petitioner
the duty ofappealed to tothe
lower courts CA,
apply the
People vs. Macarandang (L-12081, Dec. 23, 1959), he was reversing the trial
decisions of thecourt’s decision
higher courts to casesstating
involvingthat
the no
sameproof
facts was
exempt from the requirements relating to issuance of license to adduced to support
Horizontal the- requires
stare decisis conclusion
that highthat
courts Benjamin
must follow itswas
own
possess. He alleged that the lower court erred in relying on the psychologically
precedentas.incapacitated at the time he married Carmen
latter case of People vs. Mapa (L-22301, Aug. 30, 1967), since Dr. Oñate's
 conclusion
Constitutional was
stare based
decisis only judicial
- involves on theories and of the
interpretations
which held that Section 879 of the Revised Administrative not on established fact, contrary to the guidelines set forth in
Constitution
Code provides no exemption for persons appointed as secret 
Santos v. Court Statutory stare decisis
of Appeals and in- involves
Rep. ofinterpretations
the Phils. v.of Court
statutes
agents by provincial governors for the requirements relating to of Appeals and Molina. Carmen filed a motion for
firearms licenses. The case was certified to this Court on the reconsideration, arguing that the Molina guidelines should not
ground that a question of law was involved. be applied to this case since the Molina decision was
promulgated only on February 13, 1997, or more than five
ISSUE: years after she had filed her petition with the RTC
Whether or not the macarandang rule should be applied in the ISSUE:
case at bar?
1. Whether or not the CA violated the rule on stare decisis
RULING: when it refused to follow the guidelines set forth under
YES. The Supreme Court held that pursuant to the the Santos and Molina cases?
Macarandang rule obtaining not only at the time of defendant's
appointment as secret agent, which appointment included a
2. Whether or not the CA correctly ruled that the Mr. Lawrence Narciso of the PLDT’s Quality Control
requirement of proof of psychological incapacity for the Division, together with the operatives of the Philippine
declaration of absolute nullity of marriage based on National Police (PNP), conducted an ocular inspection at
Article 36 of the Family Code has been liberalized? Barangay Don Bosco, Paranaque City and discovered that
PLDT telephone lines were connected to several pieces of
RULING: equipment. Similar test calls subsequently conducted using the
1. The doctrinal guidelines prescribed in Santos and Molina prepaid cards Unity Card and IDT Supercalling Card revealed
should not be applied retroactively for being contrary to the same results.
the principle of stare decisis is no longer new. The same Police Superintendent Gilbert C. Cruz filed a consolidated
argument was also raised but was struck down in Pesca v. application for a search warrant before Judge Francisco G.
Pesca, and again in Antonio v. Reyes. In these cases, the Mendiola of the RTC, for the crimes of theft and violation of
interpretation or construction of a law by courts PD No. 401. According to PLDT, the respondents are engaged
constitutes a part of the law as of the date the statute is in a form of network fraud known as International Simple
enacted. It is only when a prior ruling of this Court is Resale (ISR) which amounts to theft under the RPC.
overruled, and a different view is adopted, that the new
doctrine may have to be applied prospectively in favor of On January 14, 2004, the PLDT and the PNP filed with the
parties who have relied on the old doctrine and have acted Department of Justice a joint complaint–affidavit for theft and
in good faith, in accordance therewith under the familiar for violation of PD No. 401 against the respondents.
rule of "lex prospicit, non respicit".
In a July 6, 2004 order, the RTC denied the respondents'
2. The Molina doctrine is not abandoned, however, it may motion to quash. Having been rebuffed in their motion for
have been inappropriate for the Court to impose a rigid set reconsideration, the respondents filed a petition for certiorari
of rules, as the one in Molina, in resolving all cases of with the CA.”
psychological incapacity. Instead of serving as a
guideline, Molina unintentionally became a straightjacket,
forcing all cases involving psychological incapacity to fit ISSUE:
into and be bound by it, which is not only contrary to the
1. Whether or not CA should rely on Laurel v. Abrogar’s
intention of the law but unrealistic as well because, with
court decision?
respect to psychological incapacity, no case can be
2. Whether or not the commission of an ISR activity meets
considered as on "all fours" with another.
the elements of the offense of theft for purposes of
quashing an information?
RULING:
PLDT vs. Alvarez G.R. No. 179408 March 05, 2014 1. NO. PLDT faults the CA for relying on Laurel because
Laurel cannot be cited yet as an authority under the
FACTS: principle of stare decisis because Laurel is not yet final
Philippine Long Distance Telephone Company (PLDT) is the and executory; in fact, it is the subject of a pending
grantee of a legislative franchise which authorizes it to carry motion for reconsideration filed by PLDT itself.
on the business of providing basic and enhanced Even assuming that Laurel is already final, the facts in
telecommunications services in the Philippines. To prevent or Laurel vary from the present case. Laurel involves the
stop network fraud, PLDT’s ACP Detection Division quashal of an information on the ground that the
(ACPDD) regularly visits foreign countries to conduct market information does not charge any offense; hence, the
research. determination of the existence of the elements of the
crime of theft is indispensable in resolving the motion to
During a test call placed at the PLDT–ACPDD office, the quash.
receiving phone reflected a PLDT telephone number (2–
8243285) as the calling number used, as if the call was 2. YES. An ISR activity justifies the elements of theft that
originating from a local telephone in Metro Manila. Upon must necessarily be alleged in the information a fortiori,
verification with the PLDT’s Integrated Customer the RTC’s determination should be sustained on
Management (billing) System, the ACPDD learned that the certiorari.
subscriber of the reflected telephone number is Abigail R.
Razon Alvarez.
Article 9 – Duty of Courts/Judges to Render Judgment Whether or not petitioner is entitled to the relief asked?
“No judge or court shall decline to render judgment by

reason
RULING:
of the silence, obscurity or insufficiency of the laws.”
NO.
Article 9 of the Civil Code is applicable to criminal
prosecutions. It is true that Article 9 of the Civil Code mandates that "no
judge or court shall decline to render judgment by reason of
The judge may not decline to render a judgment. Instead, the the silence, obscurity or insuHciency of the law." However, it
judge must dismiss the criminal action. Applying the rule is not a license for courts to engage in judicial legislation. The
“nullum crimen, nulla poena sine lege” (there is no crime duty ofthe courts is to apply or interpret the law, not to make
when there is no law punishing it) the judge must dismiss the or amend it.
case if somebody is accused of a non-existent.
The statutes define who may file petitions for change of first
what should the judge apply in deciding the case? name and for correction or change of entries in the civil
registry, where they may be filed, what grounds may be
“when there is no statute exactly applicable to the point in invoked, what proof must be presented and what procedures
controversy, the custom of the place shall be applied, and, in shall be observed. If the legislature intends to confer on a
default thereof, the general principles of law.” This rule was person who has undergone sex reassignment the privilege to
modified by the Code Commission in the original project of change his name and sex to conform with his reassigned sex, it
the Civil Code when it provided that, in default of customs, has to enact legislation laying down the guidelines in turn
the judge shall apply that rule which he believes the law- governing the conferment of that privilege.
making body should lay down guided by the general principles
of law and justice. Believing that this change would result in It might be theoretically possible for the Court to write a
an undue delegation of legislative power, Congress deleted the protocol on when a person may be recognized as having
entire provision. As it stands now, the Civil Code of the successfully changed his sex. However, the Court has no
Philippines is silent with respect to this point. It is, however, authority to fashion a law on that matter, or on anything else.
submitted that we can still apply the old rule considering the The Court cannot enact a law where no law exists. It can only
provisions of Arts. 10, 11 and 12 of the present Civil Code. In apply or interpret the written word of its coequal branch of
other words, if the law is silent, or is obscure or insufficient government, Congress.
with respect to a particular controversy, the judge shall apply
the custom of the place, and in default thereof, the general
principles of law and justice. Relevant provisions of Law
• Revised Penal Code, Article 5

Silverio v. Republic G.R. No. 174689 October 22, 2007 “Duty of the Court in Connection with Acts Which Should
FACTS: Be Repressed but Which are Not Covered by the Law, and
in Cases of Excessive Penalties. — Whenever a court has
Petitioner Rommel Jacinto Dantes Silverio filed a petition for knowledge of any act which it may deem proper to repress
the change of his first name and sex in his birth certificate in and which is not punishable by law, it shall render the
the Regional Trial Court. The petition, docketed as SP Case proper decision, and shall report to the Chief Executive,
No. 02-105207, impleaded the civil registrar of Manila as through the Department of Justice, the reasons which
respondent. induce the court to believe that said act should be made the
subject of penal legislation.
His petition was granted however, on August 18, 2003, the
Republic of the Philippines (Republic), thru the OSG, filed a In the same way the court shall submit to the Chief
petition for certiorari in the Court of Appeals. It alleged that Executive, through the Department of Justice, such
there is no law allowing the change of entries in the birth statement as may be deemed proper, without suspending
certificate by reason of sex alteration. the execution of the sentence, when a strict enforcement of
the provisions of this Code would result in the imposition
of a clearly excessive penalty, taking into consideration the
ISSUE: degree of malice and the injury caused by the offense.”
time of the filing of the instant petition was sixteen (16) years
of age. Unfortunately, their marriage bond ended on July 19,
Article 14 – Obligatory Effect of Penal Laws 1995 by virtue of a Divorce Decree issued by the appropriate
“Penal laws and those of public security and safety shall be Court of Holland. According to petitioner, respondent made a
obligatory upon all who live or sojourn in Philippine promise to provide monthly support to their son however,
territory, subject to the principles of public international since the arrival of petitioner and her son in the Philippines,
law and to treaty stipulations.” respondent never gave support to the son, Roderigo. Not long
thereafter, respondent came to the Philippines and remarried in
 Principle of Generality Pinamungahan, Cebu, and since then, have been residing
thereat. Petitioner filed a complaint-affidavit with the
Article 14 of the Civil Code embodies one of the three main
Provincial Prosecutor of Cebu City against respondent for
characteristics of our Criminal Law –– which is
violation of Section 5, paragraph E(2) of R.A. No. 9262 for
GENERALITY. As a rule, our criminal law is binding on all
the latter’s unjust refusal to support his minor child with
persons who live or sojourn in Philippine territory
petitioner.
 Exceptions to the Rule
The following are the exceptions to the general application of

ISSUE:
our criminal laws:
Whether or not Wilsem, a foreign citizen, may be held liable
1. Treaty Stipulations - example of this is the Military
for volation of RA 9262?
Bases Agreement between the Republic of the
Philippines and the USA in 1947. Under this agreement, RULING :
the Philippine courts have no jurisdiction over felonies
committed within the Philippines. Yes. The deprivation or denial of financial support to the child
2. Laws of Preferential Application - example of this is is considered an act of violence against women and children.
Republic Act No. 75. This law prohibits the issuance of In addition, considering that respondent is currently living in
any warrant of arrest against any ambassador or public the Philippines, we find strength in petitioner’s claim that the
minister of any foreign state, authorized and received as Territoriality Principle in criminal law, in relation to Article 14
such by the President, including their domestics or of the New Civil Code, applies to the instant case, which
domestic servants registered in the Department of provides that: “penal laws and those of public security and
Foreign Affairs. safety shall be obligatory upon all who live and sojourn in
Philippine territory, subject to the principle of public
3. Principles of Public International Law - It is a well- international law and to treaty stipulations.” On this score, it is
established principle of international law that diplomatic indisputable that the alleged continuing acts of respondent in
representatives, such as ambassadors or public ministers refusing to support his child with petitioner is committed here
and their official retinue, possess immunity from the in the Philippines as all of the parties herein are residents of
criminal jurisdiction of the country of their sojourn, and the Province of Cebu City.
cannot be sued, arrested or punished by the law of that
country. Heads of state likewise possess immunity from
the criminal jurisdiction of our country. However, a Article 15 – Nationality Principle Coverage
consul is not entitled to the privileges and immunities of
an ambassador or minister, but is subject to the laws and “Laws relating to family rights and duties, or to the status,
regulations of the country to which he is accredited. He condition and legal capacity of persons are binding upon
is not exempt from criminal prosecution for violations of citizens of the Philippines, even though living abroad.”
the laws of the country where he resides  Family Rights and Duties
Philippine laws relating to family rights and duties are
binding upon citizens of the Philippines, even though
Del Socorro v. Wilsem G.R. No. 193707 December 10, 2014 living abroad.
FACTS:
Norma A. Del Socorro and respondent Ernst Johan Brinkman Del Socorro v. Wilsem G.R. No. 193707 December 10, 2014
Van Wilsem contracted marriage in Holland and were blessed
with a son named Roderigo Norjo Van Wilsem, who at the ************
with Theodore Van Dorn. Richard Upton filed a suit against

Alice Reyes Van Dorn for an accounting of their conjugal
property and for a declaration that he should manage said
property. Alice Van Dorn moved to dismiss the suit on the
ground that the cause of action was barred by the judgment in
thedivorce proceedings in Nevada. In said divorce proceeding,
Upton acknowledged that he and Alice had no community
property. Upton contended that the divorce decree issued by
the Nevada Court is contrary to the public policy and has no
legal validity in the Philippines because the Nevada Court
proceedings divested the jurisdiction of the Philippine courts
ISSUE:
Whether or not the divorce decree obtained by petitioner and

respondent in Nevadais binding in the Philippine law.
RULING:
Yes, the Supreme Court ruled that the divorce decree is valid.
It is likewise irrefutable that jurisdiction over the The Court explained: “There is no question as to the validity
respondent was acquired upon his arrest. of that Nevada divorce in any of the States of the United
States. The decree is binding on private respondent as an
 Status and Condition American citizen. For instance, private respondent cannot sue
petitioner, as her husband, in any State of the Union.
Philippine laws relating to status and condition are binding
upon citizens of the Philippines, even though living abroad. What he is contending in this case is that the divorce is not
valid and binding in this jurisdiction, the same being contrary
1. Divorce Between Filipinos, Not Valid: Philippine law
to local law and public policy.
does not provide for absolute divorce; hence, our courts
cannot grant it. A marriage between two Filipinos cannot It is true that owing to the nationality principle embodied in
be dissolved even by a divorce obtained abroad, because Article 15 of the Civil Code, only Philippine nationals are
of Articles 15 and 17 of the Civil Code. covered by the policy against absolute divorces the same being
2. Divorces Obtained by Foreigners: It is true that owing to considered contrary to our concept of public policy and
the nationality principle embodied in Article 15 of the morality. However, aliens may obtain divorces abroad, which
Civil Code, only Philippine nationals are covered by the may be recognized in the Philippines, provided they are valid
policy against absolute divorces, the same being according to their national law. In this case, the divorce in
considered contrary to our concept of public policy and Nevada released private respondent from the marriage from
morality. However, aliens may obtain divorces abroad, the standards of American law, under which divorces
which may be recognized in the Philippines, provided dissolves the marriage.
they are valid according to their national law.
3. Legal Standing of Divorced Persons to Sue for Adultery:

Van Dorn vs. Romillo, Jr. G.R. No. L-68470 October 8, When a foreigner, married to a Filipino citizen, obtained a
1985 decree of divorce abroad, he is no longer the husband of
the Filipino citizen and therefore losses the standing to
FACTS:
sue for adultery.
Alice Reyes, a Filipino citizen was married in Hongkong to
Richard Upton, a U.S. citizen, but established their residence
in the Philippines and begot two children. The couple acquired Pilapil v. Ibay-Somera G.R. No. 80116 June 30, 1989
conjugal properties in the Philippines. The couple went to
Nevada to obtain a divorce. Thereafter, Alice Reyes remarried FACTS:
Imelda Pilapil, a Filipino citizen, was married to Erich (3) Certificate of Marriage between Manalo and her former
Geiling, a German national, in Germany in 1979. The couple Japanese husband;
resided in the Philippines. In 1986, the German husband (4) Divorce Decree of the Japanese court;
secured a divorce in a German court. After more than five
months after the divorce decree, Erich, the former husband, (5)Authentication/Certificate issued by the Philippine
filed two complaints for adultery before the City Fiscal of Consulate General in Osaka, Japan of the Notification of
Manila. Divorce;
(6) Acceptance of Certificate of Divorce.
ISSUE:
The Office of the Solicitor’s General, as it appeared for the
Whether or not former husband (erich) has the legal standing petitioner Republic of the Philippines, did not present any
to sue Imelda for adultery? controverting evidence to rebut the allegations of Manalo.
RULING: The trial court denied the petition for lack of merit. It opined
that, based on Article of Article 15 of the New Civil Code, the
NO, since Erich was no longer the husband of Pilapil, he no Philippine law “does not afford Filipinos the right to file for a
longer had the legal standing to sue for adultery. Under Article divorce, whether they are in the country or living abroad, if
344 of the Revised Penal Code, the crime of adultery, as well they are married to Filipinos or to foreigners, or if they
as other crimes against chastity, can be prosecuted only upon celebrated their marriage in the Philippines or in another
the complaint of the offended spouse. country.
Thus, the person who initiates the adultery case must be an On appeal, the CA overturned the RTC decision. It held that
offended spouse and by this, it meant that he is still married to Article 26 of the Family Code of the Philippines is applicable
the accused spouse at the time of filing the complaint. The even if it was Manalo who filed for divorce against her
facts that private respondent obtained a valid divorce in his Japanese husband because the decree they obtained makes the
country is admitted. The divorce and its legal effects may be latter no longer married to the former capacitating him to
recognized in the Philippines insofar as private respondent is remarry.
concerned in view of the nationality principle in our civil law
in the matter of status of persons. ISSUE:
4. Partial Divorce under Article 26, Family Code: In mixed Whether or not the marriage between a foreigner and a
marriages involving a Filipino and a foreigner, Article 26 Filipino was dissolved through a divorce filed abroad by the
of the Family Code allows the former to contract a latter?
subsequent marriage in case the divorce is “validly
obtained abroad by the alien spouse capacitating him or
her to remarry.” Usually, foreigners divorce their Filipino RULING:
spouses. Since the divorce is valid under the national law Yes. Article 26 of the Family Code which reads: Art. 26. All
of the alien, he or she can remarry. Without the second marriages solemnized outside the Philippines, in accordance
paragraph of Article 26 of the Family Code, the Filipino with the laws in force in the country where they were
spouse remains married to the divorced foreign spouse. solemnized, and valid there as such, shall also be valid in this
To remedy the situation, Article 26 of the Family Code country, except those prohibited under Articles 35 (1), (4), (5)
now allows the Filipino spouse and (6), 36, 37 and 38. Where a marriage between a Filipino
citizen and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
Republic vs. Manalo G.R. No. 221029, April 24, 2018 capacitating him or her to remarry, the Filipino spouse shall
have capacity to remarry under Philippine law. (As amended
FACTS: by Executive Order 227).
Respondent Marelyn Tanedo Manalo (Manalo) filed a petition
for cancellation of entry of marriage in the Civil Registry of Simundac-Keppel vs Keppel G.R. No. 202039 August 14,
San Juan, Metro Manila, by virtue of a judgment of divorce 2019
rendered by the Japanese court. Manalo was allowed to testify.
Among the documents that were offered and admitted were: FACTS:
(1) Court Order finding the petition and its attachments to be
sufficient in form and in substance; Angelita Simundac Keppel (Angelita) and Reynaldo Macaraig
(Reynaldo) got married in Germany on 12 June 1976 and has a
(2) Affidavit of Publication;
son CAIHTE. Angelita developed an affair with Georg Keppel German citizens, not Filipinos, at the time of the filing thereof.
(Georg) so Reynaldo and Angelita's separated. Angelita Based on the Nationality Principle, which is followed in this
returned to Germany to file divorce proceedings against jurisdiction, and pursuant to which laws relating to family
Reynaldo, and she obtained the divorce decree. Angelita and rights and duties, or to the status, condition and legal capacity
Georg got married in Germany and gave birth in Germany to a of persons are binding upon citizens of the Philippines, even
daughter, Liselotte. though living abroad, it was the pertinent German law that
governed. In short, Philippine law finds no application herein
Angelita and Georg entered into an agreement for the as far as the family rights and obligations of the parties who
complete separation of their properties. Angelita stopped are foreign nationals are concerned.
giving Georg money when she discovered that Georg was
having extramarital affairs. Claiming that Georg was beating The Court cited the case of Morisono v. Morisono:
her up, Angelita and her two children left their home in March
1996. Being the registered owner of their family home, The rules on divorce prevailing in this jurisdiction can be
Angelita sold the same to her sister. Despite said sale, Georg summed up as follows: first, Philippine laws do not provide
refused to vacate the house. for absolute divorce, and hence, the courts cannot grant the
same; second, consistent with Articles 15 and 17 of the Civil
Angelita filed the instant petition for annulment of marriage Code, the marital bond between two (2) Filipino citizens
on the ground of Georg's alleged psychological incapacity. cannot be dissolved even by an absolute divorce obtained
Georg opposed the petition, insisting that the court should only abroad; third, an absolute divorce obtained abroad by a couple
issue a decree of legal separation with the consequent division who are both aliens may be recognized in the Philippines,
of their properties and determination of Liselotte's custody. provided it is consistent with their respective national laws;
and fourth, in mixed marriages involving a Filipino and a
During trial, Angelita presented evidence of Georg's foreigner, the former is allowed to contract a subsequent
psychological incapacity through medical reports as well as marriage in case the absolute divorce is validly obtained
the contract for separation of property. On the other hand, abroad by the alien spouse capacitating him or her to remarry.
Georg presented evidence of the properties that they acquired [Bold underscoring supplied for emphasis]
during their marriage that he thinks should be divided equally
between them. Accordingly, the petition for annulment initiated by Angelita
fails scrutiny through the lens of the Nationality Principle.
On June 21, 2006, the RTC rendered judgment declaring the
marriage of Angelita and Georg null and void on the ground of Firstly, what governs the marriage of the parties is German,
psychological incapacity. As to the properties be allocated to not Philippine, law, and this rendered it incumbent upon
angelita pursuant to the Matrimony Property Agreement. Angelita to allege and prove the applicable German law. We
reiterate that our courts do not take judicial notice of foreign
CA reversed the finding of RTC. It ruled that Angelita did not laws; hence, the existence and contents of such laws are
prove the allegations in her complaint since she did not present regarded as questions of fact, and, as such, must be alleged
the original divorce decree from Reynaldo. She also did not and proved like any other disputed fact. Proof of the relevant
prove the German law that capacitated her to remarry, that German law may consist of any of the following, namely: (1)
there could be no annulment to speak of because she remained official publications of the law; or (2) copy attested to by the
married to Reynaldo and that Angelita’s evidence was officer having legal custody of the foreign law. If the official
insufficient to prove psychological incapacity, and that the record is not kept in the Philippines, the copy must be (a)
properties of the couple exclusively belonged to Angelita. accompanied by a certificate issued by the proper diplomatic
ISSUE: or consular officer in the Philippine foreign service stationed
in the foreign country in which the record is kept; and (b)
Whether or not Angelita should allege and prove the German authenticated by the seal of his office. Angelita did not comply
law for the courts to take judicial notice of German Law. with the requirements for pleading and proof of the relevant
German law.
RULING:
And, secondly, Angelita overlooked that German and
No. Under the Nationality Principle, the petitioner cannot
Philippine laws on annulment of marriage might not be the
invoke Article 36 of the Family Code, unless there is a
same. In other words, the remedy of annulment of the
German law that allows her to do so.
marriage due to psychological incapacity afforded by Article
A fundamental and obvious defect of Angelita's petition for 36 of the Family Code might not be available for her. In the
annulment of marriage is that it seeks a relief improper under absence of a showing of her right to this remedy in accordance
Philippine law in light of both Georg and Angelita being with German law, therefore, the petition should be dismissed.
Even if we were now to adhere to the concept of processual 1. Whether or not the divorce between the respondent and his
presumption, and assume that the German law was similar to former wife Editha Samson was duly proven?
the Philippine law as to allow the action under Article 36 of
the Family Code to be brought by one against the other party 2. Does the respondent have the legal capacity to remarry at
herein, we would still affirm the CA's dismissal of the petition the time when he married the petitioner?
brought under Article 36 of the Family Code.
RULING:
 Legal Capacity Laws relating to legal capacity of persons 1. The divorce between Editha and respondent Rederick was
are binding upon citizens of the Philippines, even though proven. It was proven not by the decree itself issued by the
living abroad. With respect to aliens, their national law Australian family court but on the ground that the petitioner
shall govern with respect to their legal capacity, following failed to object as to its inadmissibility in evidence.
the “nationality principle” embodied in Article 15.
The Philippine law does not allow divorce. When two Filipino
citizens marry, the Philippine laws bind them wherever they
Guidelines for pleading and proving foreign divorce: go as provided in article 15 and 17 of the New Civil Code.
Even if they were able to secure a divorce decree in other
Garcia-Recio v. Recio G.R. No. 138322 October 2, 2001 countries, such decree would not be recognized here because
of the above mentioned articles of the New Civil Code.
FACTS:
In mixed marriages, such as an alien and a Filipino citizen, the
1987 - Respondent Rederick Recio was a Filipino citizen Family Code allows such Filipino citizen to contract a
when he married Editha Samson, an Australian citizen. 1989 - subsequent marriage provided that the one who secured the
An Australian Family Court decreed a decree of divorce. 1992 decree of the divorce was the alien spouse or husband and it is
- Rederick Recio became an Australian citizen. 1994 - allowed under his/her national law.
Rederick Recio and Grace Garcia-Recio got married on
January 12, 1994. In their application for the marriage license, However, such decree is not enough; it must be alleged and
respondent declared that he was single and Filipino. March proven as a fact. Mere presentation of the divorce decree is
1998 - Grace Garcia-Recio filed a suit for the declaration of insufficient. Indeed, the best evidence of a judgment is the
Nullity of Marriage on the ground of bigamy. She alleged that judgment itself. The decree purports to be a written act or
the respondent had a subsisting prior marriage at the time record of an act of an official body or tribunal of a foreign
when the two got married. country.
Contention of Rederick Recio: The divorce decree issued by To prove it as such, Sections 24 and 25 of Rule 132 requires
the Australian Family Court had already dissolved his that it must either be proven by an OFFICIAL
marriage to Editha Samson at the time when the petitioner and PUBLICATION or a COPY of such official publication
the respondent got married. He was therefore already legally attested by the officer having legal custody of the document.
capacitated to marry the petitioner at that time.
If the record is not kept in the Philippines the COPY must be
accompanied by CERTIFICATE issued by the proper
diplomatic or consular officer in the Philippines stationed in
July 1998 - While the suit between the Grace and Rederick the country where such copy was obtained, AND
was pending, Rederick was able to secure a divorce decree AUTHENTICATED by the seal of his office.
from a family court in Australia. He therefore prayed that the
petition be dismissed on the ground that it does not state a However, since the petitioner failed to object the mere
cause of action. The trial court declared that the marriage has presentation of the decree of divorce as evidence, the decree
been dissolved on the ground that the divorce issued in was therefore admitted as evidence as a written act of the
Australia was valid and recognized in the Philippines and not Family Court of Australia.
on the basis that the respondent was not legally capacitated to
marry the petitioner at the time they got married. • Side-issue: Who has the burden of proof proving the
Australian Law?
The burden of proof lies on the party who alleges the existence
ISSUES: of a fact or thing necessary in the prosecution or defense in the
action. Since the divorce was a defense raised by the
respondent, it is incumbent upon him to prove the pertinent FACTS:

Australian law. This is because the courts in the Philippines do
not take judicial notice of foreign laws. It must be alleged and In 1981, Cipriano Orbecido III married Lady Myros M.
proved. Villanueva in Ozamiz City. In 1986, Lady Myros left for the
United States and a few years later, she had been naturalized
as an American citizen. After she was naturalized, she
obtained a divorce decree in the United States and then
2. The decree of divorce between Editha Samson and married an American citizen. Cipriano then filed with the trial
respondent Rederick Recio failed to fully determine whether court a petition for authority to remarry invoking paragraph 2
or not the decree of divorce enabled the respondent to have of Article 26 of the Family Code.
the legal capacity to remarry the petitioner. This is because it
is unclear whether the divorce is absolute divorce of limited Finding merit in the petition, the trial court granted the same.
divorce. The case should be remanded to lower court for The Republic, through the Office of the Solicitor General
further proceedings. sought reconsideration but it was denied. Hence, the OSG
raised the case to the Supreme Court on a pure question of
The respondent contends that the Australian divorce decree, law.
which was admitted in evidence, adequately established his
legal capacity to remarry. The OSG contends that paragraph 2 of Article 26 of the
Family Code is not applicable in this case because it only
The contention is untenable because there are two basic kinds applies to a valid mixed marriage; that is, a marriage
of divorce. celebrated between a Filipino citizen and an alien.
Absolute divorce or vinculo matrimonii - It terminates the
marriage Limited divorce or a mensa at thoro -It only suspends
the marriage; it leaves the bond of marriage in full force ISSUES:
In the case at bar, there is no showing, which of the two types 1. Whether or not paragraph 2 of Article 26 of the Family
of divorce was procured by the respondent. He merely Code applies to the given case?
presented a decree nisi or an interlocutory decree, which is a
conditional or provisional judgment of divorce. It is in effect
the same as a separation from bed and board, although an
absolute divorce may follow after the lapse of the prescribed
period.
The decree itself bolsters the contention that the respondent RULING:
obtained the divorce may have been restricted.
NO, the foregoing provision does not appear to govern the
It is important to determine the legal capacity of the situation presented by the case at hand. It seems to apply only
respondent at the time when he married the petitioner to cases where at the time of the celebration of the marriage,
because if he does not have the legal capacity, the marriage the parties are a Filipino citizen and a foreigner. The instant
between them should be declared null and void because it is case is one where at the time the marriage was solemnized, the
bigamous. Otherwise, the marriage is considered valid. parties were two Filipino citizens, but later on, the wife was
Therefore there is a need to remand the case in the lower court naturalized as an American citizen and subsequently obtained
to determine such legal capacity. a divorce granting her capacity to remarry, and indeed she
remarried an American citizen while residing in the U.S.A.
Thus, taking into consideration the legislative intent and

Reckoning point of determining citizenship applying the rule of reason, we hold that Paragraph 2 of
The reckoning point is not the citizenship of the parties at the Article 26, should be interpreted to include cases involving
time of the celebration of the marriage, but their citizenship at parties who, at the time of the celebration of the marriage were
the time a valid divorce is obtained abroad by the alien spouse Filipino citizens, but later on, one of them becomes
capacitating the latter to remarry. naturalized as a foreign citizen and obtains a divorce decree.
The Filipino spouse should likewise be, allowed to remarry as
if the other party were a foreigner at the time of the
solemnization of the marriage. To rule otherwise would be to
Republic vs. Orbecido III G.R. No. 154380 October 5, 2005 sanction absurdity and injustice. Where the interpretation of a
statute according to its exact and literal import would lead to were solemnized, and valid there as such, shall also be valid in
mischievous results or contravene the clear purpose of the this country, except those prohibited under Articles 35(1), (4),
legislature, it should be construed according to its spirit and (5) and (6), 36, 37 and 38.
reason, disregarding as far as necessary the letter of the law. A
statute may therefore be extended to cases not within the Where a marriage between a Filipino citizen and a foreigner is
literal meaning of its terms, so long as they come within its validly celebrated and a divorce is thereafter validly obtained
spirit or intent. If we are to give meaning to the legislative abroad by the alien spouse capacitating him or her to remarry,
intent to avoid the absurd situation where the Filipino spouse the Filipino spouse shall have capacity to remarry under
remains married to the alien spouse who, after obtaining a Philippine law. (Emphasis supplied)
divorce is no longer married to the Filipino spouse, then the On its face, the foregoing provision does not appear to govern
instant case must be deemed as coming within the the situation presented by the case at hand. It seems to apply
contemplation of Paragraph 2 of Article 26. only to cases where at the time of the celebration of
In view of the foregoing, we state the twin elements for the Noteworthy, in the Report of the Public Hearings on the
application of Paragraph 2 of Article 26 as follows: Family Code, the Catholic Bishops’ Conference of the
Philippines (CBCP) registered the following objections to
1. There is a valid marriage that has been celebrated between a Paragraph 2 of Article 26:
Filipino citizen and a foreigner;
1. The rule is discriminatory. It discriminates against those
2. A valid divorce is obtained abroad by the alien spouse whose spouses are Filipinos who divorce them abroad. These
capacitating him or her to remarry. The reckoning point is not spouses who are divorced will not be able to re-marry, while
the citizenship of the parties at the time of the celebration of the spouses of foreigners who validly divorce them abroad
the marriage, but their citizenship at thetime a valid divorce is can.
obtained abroad by the alien spouse capacitating the latter to
remarry. 2. This is the beginning of the recognition of the validity of
divorce even for Filipino citizens. For those whose foreign
In this case, when Cipriano’s wife was naturalized as an spouses validly divorce them abroad will also be considered to
American citizen, there was still a valid marriage that has be validly divorced here and can re-marry. We propose that
been celebrated between her and Cipriano. As fate would this be deleted and made into law only after more widespread
have it, the naturalized alien wife subsequently obtained a consultation. (Emphasis supplied.)
valid divorce capacitating her to remarry. Clearly, the
twin requisites for the application of Paragraph 2 of
Article 26 are both present in this case. Thus Cipriano, the Legislative Intent
“divorced” Filipino spouse, should be allowed to remarry.
Records of the proceedings of the Family Code deliberations
Brief Historical Background showed that the intent of Paragraph 2 of Article 26, according
On July 6, 1987, then President Corazon Aquino signed into to Judge Alicia Sempio-Diy, a member of the Civil Code
law Executive Order No. 209, otherwise known as the “Family Revision Committee, is to avoid the absurd situation where the
Code,” which took effect on August 3, 1988. Article 26 Filipino spouse remains married to the alien spouse who, after
thereof states: obtaining a divorce, is no longer married to the Filipino
spouse.
All marriages solemnized outside the Philippines in
accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid in Interestingly, Paragraph 2 of Article 26 traces its origin to the
this country, except those prohibited under Articles 35, 37, and 1985 case of Van Dorn vs. Romillo, Jr. The Van Dorn case
38. involved a marriage between a Filipino citizen and a foreigner.
On July 17, 1987, shortly after the signing of the original The Court held therein that a divorce decree validly obtained
Family Code, Executive Order No. 227 was likewise signed by the alien spouse is valid in the Philippines, and
into law, amending Articles 26, 36, and 39 of the Family consequently, the Filipino spouse is capacitated to remarry
Code. A second paragraph was added to Article 26. As so under Philippine law.
amended, it now provides: Does the same principle apply to a case where at the time of
ART. 26. All marriages solemnized outside the Philippines in the celebration of the marriage, the parties were Filipino
accordance with the laws in force in the country where they citizens, but later on, one of them obtains a foreign citizenship
by naturalization?
The jurisprudential answer lies latent in the 1998 case of Quita deceased. The lower court overruled their opposition. Relying
vs. Court of Appeals. In Quita, the parties were, as in this case, upon Art. 16 of the Civil Code, it applied the national law of
Filipino citizens when they got married. The wife became a the decedent, which in this case is Texas law, which did not
naturalized American citizen in 1954 and obtained a divorce in provide for legitimes.
the same year. The Court therein hinted, by way of obiter
dictum, that a Filipino divorced by his naturalized foreign
spouse is no longer married under Philippine law and can thus ISSUE:
remarry.
Whether or not Texas laws or national law of Amos should
govern the intrinsic validity of the will.
Article 16 – Law governing real and personal property
“Real property as well as personal property is subject to HELD:

the law of the country where it is situated. However,
intestate and testamentary successions, both with respect National law of Amos should govern the intrinsic validity of
to the order of succession and to the amount of the will. The illegitimate children are not entitled to their
successional rights and to the intrinsic validity of legitimes under Texas Law, being the national law of the
testamentary provisions, shall be regulated by the national deceased.
law of the person whose succession is under consideration,
Article 16, par. 2, and Art. 1039 of the Civil Code, render
whatever may be the nature of the property and regardless
applicable the national law of the decedent, in intestate or
of the country wherein said property may be found.”
testamentary successions, with regard to four items:
(a) the order of succession;

Testate Estate of Amos Bellis vs. Bellis G.R. No. L-23678
(b) the amount of successional rights;
June 6, 1967
(c) the intrinsic validity of the provisions of the will;
FACTS:
(d) the capacity to succeed. They provide that — ART. 16.
Amos G. Bellis, a Texas citizen, had five legitimate children
Real property as well as personal property is subject to the law
by his first wife, three legitimate children by his second wife.
of the country where it is situated.
He also had three illegitimate children.
However, intestate and testamentary successions, both with
On August 5, l952, Amos Bellis executed a will in the
respect to the order of succession and to the amount of
Philippines, in which he directed that after all taxes,
successional rights and to the intrinsic validity of testamentary
obligations, and expenses of administration are paid for, his
provisions, shall be regulated by the national law of the person
distributable estate should be divided,in trust, in the following
whose succession is under consideration, whatever may be the
manner:
nature of the property and regardless of the country wherein
(a) USD240,000.00 to his first wife said property may be found.
(b) P120,000.00 to his three illegitimate children or ART. 1039. Capacity to succeed is governed by the law of the
P40,000.00 each nation of the decedent. The parties admit that the decedent,
Amos G. Bellis, was a citizen of the State of Texas, U.S.A.,
(c) after the foregoing two items have been satisfied, the and that under the laws of Texas, there are no forced heirs or
remainder shall go to his seven surviving children by his first legitimes. Accordingly, since the intrinsic validity of the
and second wives, in equal shares. provision of the will and the amount of successional rights are
On July 8, 1958, Amos Bellis died, a resident of San Antonio, to be determined under Texas law, the Philippine law on
Texas, U.S.A. His will was admitted to probate in the CFI of legitimes cannot be applied to the testacy of Amos G. Bellis.
Manila on September l5, 1958. Under the supervision of the Article 16, paragraph 2, and Art. 1039 of the Civil Code,
court, the executor of the will paid all the bequests therein, render applicable the national law of the decedent, in intestate
However, Maria Cristina Bellis and Miriam Palma Bellis filed or testamentary successions, with regard to four items:
their respective oppositions to the project of partition on the (a) the order of succession;
ground that they were deprived of their legitimes as
illegitimate children and, therefore, compulsory heirs of the (b) the amount of successional rights;
(c) the intrinsic validity of the provisions of the will; be applied in testate and intestate successions. As further
indication of this legislative intent, Congress added a new
(d) the capacity to succeed. provision, under Art. 1039, which decrees that capacity to
It was alleged that the decedent executed two wills - one to succeed is to be governed by the national law of the decedent.
govern his Texas estate and the other his Philippine estate - It is therefore evident that Congress has not intended to extend
arguing that he intended Philippine law to govern his our system of legitimes to the succession of foreign nationals.
Philippine estate. Assuming that such was the decedent's For it has specifically chosen to leave the amount of
intention in executing a separate Philippine will, it would not successional rights to the decedent's national Law. Specific
alter the law, for as this Court ruled in Miciano vs. Brimo, a provisions must prevail over general ones.
provision in a foreigner's will to the effect that his properties
shall be distributed in accordance with Philippine law and not
with his national law, is illegal and void, for his national law Orion Savings Bank v. Suzuki
cannot be ignored in regard to those matters that Article 10 - G.R. No. 205487 November 12, 2014
now Article 16 - of the Civil Code states said national law FACTS:
should govern.
Shigekane Suzuki (a Japanese national) met with Ms. Sojena
Amos Bellis, was a citizen of Texas, U.S.A., and that under to inquire about a condo unit and a parking slot at Cityland
the laws of Texas, there are no forced heirs or legitimes. Pioneer, Mandaluyong, allegedly owned by Yung Sam Kang
Accordingly, since the intrinsic validity of the provision of the (a Korean national).
will and the amount of successional rights are to be
determined under Texas law, the Philippine law on legitimes An original price of P3M was reduced to P2.8M during a
cannot be applied to the testacy of Amos G. Bellis. negotiation between Soneja (sales rep) and Suzuki assuring
that the titles to the unit and the parking slot were clean. Thus,
The doctrine of renvoi was not invoked by the parties. Even if Suzuki issued Kang BPI Checks: P100k as reservation fee and
it was, the doctrine is not applicable in this case. The doctrine P2.7M as the remaining balance of the purchase price.
of renvoi is usually pertinent where the decedent is a national Consequently, Suzuki and Kang executed a Deed of Absolute
of one country, and a domicile of another. Sale covering the unit and the parking slot. Soon after, Suzuki
took possession of the condo unit and parking lot and
In the present case, the decedent was both a national of Texas
commenced the renovation of its interior.
and a domicile thereof at the time of his death. So that even
assuming Texas has a conflict of law rule providing that the Kang thereafter made several representations with Suzuki to
domiciliary system (law of the domicile) should govern, the deliver the titles to the properties, which were then in
same would not result in a reference back (renvoi) to possession of Alexander Perez (Orion's Loans Officer) for
Philippine law, but would still refer to Texas law. safekeeping, However, Kang failed to deliver them and Suzuki
learned that he had left the Country.
Nonetheless, if Texas has a conflict of law rule adopting the
situs theory (lex rei sitae) calling for the application of the law Suzuki later on received a letter from Orion's counsel stating
of the place where the properties are situated, renvoi would that Kang obtained another loan amounting to P1.8M. Since
arise, since the properties here involved are found in the Kang failed to pay, he executed a Dacion en Pago. Orion
Philippines. contended that the deed of sale executed by Kang in favor of
Suzuki is null and void. Under Korean law, any conveyance of
In the absence, however, of proof as to the conflict of law rule
a conjugal property should be made with the consent of both
of Texas, it should not be presumed different from ours.
spouses"; On the other hand, Suzuki contended that proof of
(Doctrine of processual presumption)
acquisition during marital coverture is a condition sine qua
With respect to Article 17. It is contended that Article 17, non for the operation of the presumption of conjugal
paragraph three of the Civil Code prevails as the exception to ownership.
Art. 16, par. 2 of the Civil Code. This is not correct. Precisely,
ISSUE:
Congress deleted the phrase, "notwithstanding the provisions
of this and the next preceding article" when they incorporated Whether or not The Deed of Sale executed by Kang in favor of
Art. 11 of the old Civil Code as Art. 17 of the new Civil Code, Suzuki is null and void.
while reproducing without substantial change the second
paragraph of Art. 10 of the old Civil Code as Art. 16 in the HELD:
new. It must have been their purpose to make the second
Philippine Law: Governs Real Property; Lex loci rei sitae It is
paragraph of Art. 16 a specific provision in itself which must
a universal principle that real or immovable property is
exclusively subject to the laws of the country or state where it is a correct copy of the original, or a specific part thereof, as
is located. The reason is found in the very nature of the case may be. The attestation must be under the official seal
immovable property — its immobility. Immovables are part of of the attesting officer, if there be any, or if he be the clerk of a
the country and so closely connected to it that all rights over court having a seal, under the seal of such court. Accordingly,
them have their natural center of gravity there. matters concerning the title and disposition of real property
shall be governed by Philippine law while issues pertaining to
Thus, all matters concerning the title and disposition of the conjugal nature of the property shall be governed by South
real property are determined by what is known as the lex Korean law, provided it is proven as a fact.
loci rei sitae , which can alone prescribe the mode by which
a title can pass from one person to another, or by which an In the present case, Orion, unfortunately failed to prove the
interest therein can be gained or lost. This general principle South Korean law on the conjugal ownership of property. It
includes all rules governing the descent, alienation and merely attached a "Certification from the Embassy of the
transfer of immovable property and the validity, effect and Republic of Korea" to prove the existence of Korean Law.
construction of wills and other conveyances. This principle This certification, does not qualify as sufficient proof of the
even governs the capacity of the person making a deed relating conjugal nature of the property for there is no showing that it
to immovable property, no matter what its nature may be. was properly authenticated by the seal of his office, as
Thus, an instrument will be ineffective to transfer title to land required under Section 24 of Rule 132.
if the person making it is incapacitated by the lex loci rei sitae,
even though under the law of his domicile and by the law of Processual Presumption: When foreign law not proven
the place where the instrument is actually made, his capacity is Accordingly, the International Law doctrine of
undoubted. presumedidentity approach or processual presumption comes
into play, i.e., where a foreign law is not pleaded or, even if
Korean Law: Governs Property Relations Property relations pleaded, is not proven , the presumption is that foreign law is
between spouses are governed principally by the national law the same as Philippine Law.
of the spouses. However, the party invoking the application of
a foreign law has the burden of proving the foreign law. The Under Philippine Law, the phrase "Yung Sam Kang 'married
foreign law is a question of fact to be properly pleaded and to' Hyun Sook Jung" is merely descriptive of the civil status of
proved as the judge cannot take judicial notice of a foreign Kang. In other words, the import from the certificates of title
law. He is presumed to know only domestic or the law of the is that Kang is the owner of the properties as they are
forum. Sections 24 and 25, Rule 132 of the Revised Rules of registered in his name alone, and that he is married to Hyun
Court: Sook Jung.
How to prove foreign laws? We are not unmindful that in numerous cases we have held
that registration of the property in the name of only one spouse
To prove a foreign law, the party invoking it must present a does not negate the possibility of it being conjugal or
copy thereof and comply with Sections 24 and 25 of Rule 132 community property. In those cases, however, there was proof
of the Revised Rules of Court which reads: that the properties, though registered in the name of only one
spouse, were indeed either conjugal or community properties.
SEC. 24. Proof of official record. - The record of public Accordingly, we see no reason to declare as invalid Kang's
documents referred to in paragraph (a) of Section 19, when conveyance in favor of Suzuki for the supposed lack of
admissible for any purpose, may be evidenced by an official spousal consent.
publication thereof or by a copy attested by the officer having
the legal custody of the record, or by his deputy, and NOTE: The nationality of Suzuki here is immaterial because
accompanied, if the record is not kept in the Philippines, with what is material is the capacity of the seller, Kang to alienate
a certificate that such officer has the custody. If the office in the property to him. The Conflict of Laws here are Philippine
which the record is kept is in a foreign country, the certificate and Korean Laws because Kang is Korean.
may be made by a secretary of the embassy or legation, consul
general, consul, vice consul, or consular agent or by any As a general rule, foreigners cannot own lands as proscribed
officer in the foreign service of the Philippines stationed in the by the 1987 Constitution to preserve the national patrimony.
foreign country in which the record is kept, and authenticated However, one exception to this is ownership of Condominium
by the seal of his office. (Emphasis supplied) Units. Dacion en Pago is a term which denotes a way of
extinguishing an obligation (in this case, the obligation of
SEC. 25. What attestation of copy must state. – Whenever a Kang is to pay the P1.8M loan to Orion) by alienating in favor
copy of a document or record is attested for the purpose of the of the creditor property for the satisfaction of monetary debt.
evidence, the attestation must state, in substance, that the copy
Renvoi the problem would be tossed back and forth between states
concerned, resulting in “international football.”
Renvoi literally means referring back; the problem arises
when there is a doubt as to whether a reference to a foreign
law is a reference to the internal law of said foreign law; or a
reference to the whole of the foreign law, including its conflict Article 17
rules “The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the
country in which they are executed.
In the Matter of Testate Estate of Edward Christensen vs.
Garcia G.R. No. L-16749 January 31, 1963 When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the
FACTS: Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their
Edward Christensen, born in New York, migrated to execution.
California, where he resided for a period of nine years. In
1913 he came to the Philippines where he became a Prohibitive laws concerning persons, their acts or
domiciliary till the time of his death. However, during the property, and those which have for their object public
entire period of his residence in this country he had always order, public policy and good customs shall not be
considered himself a citizen of California. In his will executed rendered ineffective by laws or judgments promulgated, or
in the Philippines, he instituted an acknowledged natural by determinations or conventions agreed upon in a foreign
daughter, Maria Lucy Christensen, as his only heir, but left a country.”
legacy of a sum of money in favor of Helen Christensen
Garcia (who in a decision rendered by the SC was declared
another acknowledged daughter of his).  Formalities or Extrinsic Validity
Under the first paragraph of Article 17, the forms and

ISSUE: solemnities of contracts, wills and other public instruments are
governed by the laws of the country in which they are
Whether or not Philippine law should be applicable? executed under the principle of “lex loci celebrationis.”
RULING:  Intrinsic Validity of Contracts
Under California law, the matter is referred back to the law of The intrinsic validity of a contract is governed by the proper
the domicile; therefore Philippine law is ultimately law of the contract or “lex contractus,” which may either be
applicable; that finally, the share of Helen must be increased the law of the place voluntarily agreed upon by the contracting
in view of the successional rights of illegitimate children parties (“lex loci voluntatis”) or the law of the place intended
under Philippine law. by them expressly or impliedly (“lex loci intentionis”).
On the other hand, counsel for the child Mary Lucy contends  Intrinsic Validity of Wills
that inasmuch as it is clear that under Art. 16, par. 2 of our
Civil Code, the national law of the deceased must apply, our The intrinsic validity of the provisions of a will, however,
courts must immediately apply the internal law of California shall be governed by the national law of the decedent.109
on the matter; that under California law there are no
 Illustrative Problem
compulsory heirs and consequently a testator could dispose off
any property possessed by him in absolute dominion and that Juan, a Filipino citizen, enters into an ordinary contract with
finally, illegitimate children not being entitled to anything Joe, an American citizen. The contract was executed in
under California law, the will of the deceased giving the bulk Canada. What law shall govern:
of the property to Maria Lucy must remain undisturbed.,
(1) formal validity of the contract?
Since the conflicts rule of California refers back the matter
to the Philippines (the place of domicile), our courts have no (2) the legal capacities of the parties to enter into such contract
alternative but to accept the referring back to us. If our courts
(3) the intrinsic validity of the contract?
will to do otherwise and throw back the matter to California,
ANSWER:
(1) Canadian law, under the principle of lex loci celebrationis. Judicial District Court of Washoe County, State of Nevada, on
grounds of “extreme cruelty, entirely mental in character.”
(2) Their respective national laws.
At the time the divorce decree was issued, Vicenta Escario,
(3) The proper law of the contract (lex contractus), which may like her husband, was still a Filipino citizen. She was then
either be the law of the place voluntarily agreed upon by the subject to Philippine law, and Article 15 of the Civil Code of
contracting parties (lex loci voluntatis) or the law of the place the Philippines (Rep. Act-No. 386), already in force at the
intended by them expressly or impliedly (lex loci intentionis). time, expressly provided:
 Acts Executed Before Diplomatic and Consular ‘Laws relating to family rights and duties or to the status,
Officials condition and legal capacity of persons are binding upon
When the acts referred to in the first paragraph of Article 17 citizens of the Philippines, even though living abroad.’
are executed before the diplomatic or consular officials of the The Civil Code of the Philippines, now in force, does not
Republic of the Philippines in a foreign country, the admit absolute divorce, quo ad vinculo matrimonii; and in fact
solemnities established by Philippine laws shall be observed in does not even use that term, to further emphasize its restrictive
their execution. policy on the matter, in contrast to the preceding legislation
 Prohibitive Laws that admitted absolute divorce on grounds of adultery of the
wife or concubinage of the husband (Act 2710). Instead of
Prohibitive laws concerning persons, their acts or property and divorce, the present Civil Code only provides for legal
those which have for their object public order, public policy separation (Title IV, Book I, Arts. 97 to 108), and, even in
and good customs shall not be rendered ineffective by laws or that case, it expressly prescribes that ‘the marriage bonds shall
judgments promulgated, or by determinations or conventions not be severed’ (Art. 106, subpar. 1).
agreed upon in a foreign country.
For the Philippine courts to recognize and give recognition or

Tenchavez v. Escaño G.R. No. L-19671 November 29, 1965 effect to a foreign decree of absolute divorce between Filipino
citizens would be a patent violation of the declared public
FACTS: policy of the state, especially in view of the third paragraph of
On February 28, 1948, Vicenta Escario and Pastor Tenchavez Article 17 of the Civil Code that prescribes the following:
got married in Cebu City before a Catholic chaplain. They did ‘Prohibitive laws cornering persons, their acts or property, and
not, however, live under the same roof after their marriage. On those which have for their object public order, policy and good
June 24, 1950, Vicenta went to the United States and obtained customs, shall not be rendered ineffective by laws or
a decree of divorce in Nevada on October 21, 1950. On judgments promulgated, or by determinations or conventions
September 13, 1954, Vicenta married an American and agreed upon in a foreign country.’
thereafter acquired American citizenship. On July 30, 1955,
Pastor filed a complaint for legal separation and damages. Even more, the grant of effectivity in this jurisdiction to such
Vicenta claimed a valid divorce from plaintiff and an equally foreign divorce decrees would, in effect, give rise to an
valid marriage with her American husband. irritating and scandalous discrimination in favor of wealthy
citizens, to the detriment of those members of our polity
whose means do not permit them to sojourn abroad and obtain
absolute divorces outside the Philippines.
ISSUE:
Whether or not the marriage between Pastor. Tenchavez and Del Socorro v. Wilsem G.R. No. 193707 December 10, 2014
Vicenta Escario is still valid under the Philippine Law? FACTS:
RULING: Norma A. Del Socorro and respondent Ernst Johan Brinkman
YES, It is equally clear from the record that the valid marriage Van Wilsem contracted marriage in Holland and were blessed
between Pastor. Tenchavez and Vicenta Escario remained with a son named Roderigo Norjo Van Wilsem, who at the
subsisting and undissolved under Philippine law, time of the filing of the instant petition was sixteen (16) years
notwithstanding the decree of absolute divorce that the wife of age. Unfortunately, their marriage bond ended on July 19,
sought and obtained on October 1950 from the Second 1995 by virtue of a Divorce Decree issued by the appropriate
Court of Holland. According to petitioner, respondent made a

promise to provide monthly support to their son however,
since the arrival of petitioner and her son in the Philippines, Article 19
respondent never gave support to the son, Roderigo. Not long “Every person must, in the exercise of his rights and in the
thereafter, respondent came to the Philippines and remarried in performance of his duties, act with justice, give every one
Pinamungahan, Cebu, and since then, have been residing his due, and observe honesty and good faith”
thereat. Petitioner filed a complaint-affidavit with the
Provincial Prosecutor of Cebu City against respondent for While Article 19 may have been intended as a mere
violation of Section 5, paragraph E(2) of R.A. No. 9262 for declaration of principle, the “cardinal law on human conduct”
the latter’s unjust refusal to support his minor child with expressed in said article has given rise to certain rules, e.g.,
petitioner. that where a person exercises his rights but does so arbitrarily
or unjustly or performs his duties in a manner that is not in
keeping with honesty and good faith, he opens himself to
ISSUE: liability.
Whether or not Wilsem, a foreign citizen, may be held liable The elements of an abuse of rights under Article 19 are:
for volation of RA 9262? 1. there is a legal right or duty;
RULING: 2. which is exercised in bad faith;
3. for the sole intent of prejudicing or injuring another.
Yes. The deprivation or denial of financial support to the child
is considered an act of violence against women and children. This provision, together with the succeeding article on human
In addition, considering that respondent is currently living in relation, was intended to embody certain basic principles “that
the Philippines, we find strength in petitioner’s claim that the are to be observed for the rightful relationship between human
Territoriality Principle in criminal law, in relation to Article 14 beings and for the stability of the social order.” What is sought
of the New Civil Code, applies to the instant case, which to be written into the law is the pervading principle of equity
provides that: “penal laws and those of public security and and justice above strict legalism.
safety shall be obligatory upon all who live and sojourn in Principle of Damnum Absque Injuria
Philippine territory, subject to the principle of public
international law and to treaty stipulations.” On this score, it is Well-settled is the maxim that damage resulting from the
indisputable that the alleged continuing acts of respondent in legitimate exercise of a person’s rights is a loss without
refusing to support his child with petitioner is committed here injury –– damnum absque injuria –– for which the law gives
in the Philippines as all of the parties herein are residents of no remedy.
the Province of Cebu City.
In other words, one who merely exercises one’s rights does
no actionable injury and cannot be held liable for damages.
This principle, however, is premised on the valid exercise of a
right. Under this principle, the legitimate exercise of a
person’s rights, even if it causes loss to another, does not
automatically result in an actionable injury. The law does not
Article 18 prescribe a remedy for the loss. This principle does not,
however, apply when there is an abuse of a person’s rights,
“In matters which are governed by the Code of Commerce
or when the exercise of this right is suspended or
and special laws, their deficiency shall be supplied by the
extinguished pursuant to a court order. Indeed, in the
provisions of this Code.”
availment of one’s rights, one must act with justice, give
The provisions of the Civil Code are applicable to matters others their due, and observe honesty and good faith
governed by the Code of Commerce and special laws in a
suppletory character. Hence, where there is no deficiency in Sps. Custodio vs. Court of Appeals G.R. No. 116100 February 9,
the special law or Code of Commerce, the provisions of the 1996
Civil Code cannot be applied.
DOCTRINE:
The mere fact that the plaintiff suffered losses does not
Chapter 2 – Human Relations give rise to a right to recover damages. To warrant the
recovery of damages, there must be both a right of
action for a legal wrong inflicted by the defendant, and
damage resulting to the plaintiff therefrom. Wrong
without damage, or damage without wrong, does not
constitute a cause of action, since damages are merely
part of the remedy allowed for the injury caused by a
An injury is an illegal invasion of a legal right, any loss, hurt

and harm resulting from the injury is damage. Damages are
the recompense or compensation awarded for the damage
suffered.
In this case, the petitioners merely constructed an adobe wall
which was in keeping with and is a valid exercise of their
rights as the owner of their respective properties—i.e. there
was no abuse of right as provided for in Article 21 of the New
Civil Code and where the following requisites must
concur: (1) defendant acted in a manner contrary to morals,
good customs or public policy; (2) The acts should be willful
and; (3) There was damage or injury to the plaintiff. None of
these requisites was present in this case.
The loss was therefore not a result of a violation of a legal

duty. Instances where the damage was not a result of an injury
is called damnum absque injuria and the plaintiff is not
normally given an award for damages.
In other words, in order that the law will give redress for an
act causing damage, that act must be not only hurtful, but
wrongful. There must be damnum et injuria.
FACTS: Amonoy vs. Gutierrez G.R. No. 140420 February 15, 2001
Private Respondent Mabasa wanted to establish an easement
of right of way going into their property against petitioners FACTS:
who built an adobe wall in their properties which thereby On May 30, 1986, the petitioner commenced the demolition of
restricted access to the Mabasa property. Petitioners claim that the respondent’s house under the authority of a Writ of
they built the wall in order to protect their persons and their Demolition issued by the Regional Trial Court (RTC).
property from their intrusive neighbors. The Trial Court However, records show that a Temporary Restraining Order
nonetheless ordered that an easement be created. (TRO) was issued by the Supreme Court (SC) on June 2 ,
1986 enjoining the demolition. It was also found out that the
Not satisfied, Mabasa went to the Court of Appeals which copy of the said TRO was also served to the petitioner on June
modified the decision of the trial court by awarding actual 4, 1986. But the petitioner did not heed to the TRO and
damages (p65,000.00), moral damages (p30,000.00) and continued the demolition until mid of 1987.
exemplary damages (p10,000.00). Hence this petition.
Damages were based on the fact of loss in the form of The petitioner was contending that the damages claimed by
unrealized rentals on the property due to the adobe wall the respondent are not valid because he is just exercising his
restricting access. right.
ISSUE:
ISSUE:
Whether or not the CA erred in awarding damages. Whether or not the petitioner was liable for the damages?
HELD: RULING:
Yes. The Court of Appeals erred, the award for damages has
Yes, petitioner is liable for the damages incurred in his
no legal basis. The mere fact of loss does not give rise to a
abusive exercise of a suspended right.
right to recover damages. There must be both a right of action
for a legal wrong inflicted by defendant and a damage to the In the case at bar, the principle of damnum absque
plaintiff resulting therefrom. Damages are merely a part of injuria cannot be applied because he abuses his right and
the remedy allowed for the injury caused by a breach or exercise his suspended and extinguished right to demolish the
wrong. respondent’s house.
Although the acts of petitioner may have been legally justified When a right is exercised in a manner which does not conform
at the outset, their continuation after the issuance of the TRO with the norms enshrined in Article 19 and results in damage
amounted to an insidious abuse of right. Indubitably, his to another, a legal wrong is thereby committed for which the
actions were tainted with bad faith. Had he not insisted on wrongdoer must be held responsible. Article 19 was intended
completing the demolition, respondents would not have to expand the concept of torts by granting adequate legal
suffered the loss that engendered the suit before the RTC. remedy for the untold number of moral wrongs which is
Verily, his acts constituted not only an abuse of a right, but impossible for human foresight to provide specifically in
also an invalid exercise of a right that had been suspended statutory law. If mere fault or negligence in one’s acts can
when he received the TRO from this Court in June 4, 1986. make him liable for damages for injury caused thereby, with
By then, he was no longer entitled to proceed with the more reason should abuse or bad faith make him liable. The
demolition. absence of good faith is essential to abuse of right. Good faith
is an honest intention to abstain from taking any
Clearly then, the demolition of respondents’ house by unconscientious advantage of another, even through the forms
petitioner, despite his receipt of the TRO, was not only an or technicalities of the law, together with an absence of all
abuse of right but also an unlawful exercise of such right. In information or belief of fact which would render the
insisting on his alleged right, he wantonly violated this Court’s transaction unconscientious. In business relations, it means
Order and wittingly caused the destruction of respondents’ good faith as understood by men of affairs.
house.
Elements of Abuse of Rights
Obviously, petitioner cannot invoke damnum absque injuria,
a principle premised on the valid exercise of a right. Anything The elements of an abuse of right under Article 19 are the
less or beyond such exercise will not give rise to the legal following:
protection that the principle accords. And when damage or
prejudice to another is occasioned thereby, liability cannot 1. There is a legal right or duty
be obscured, much less abated. 2. which is exercised in bad faith;
3. for the sole intent of prejudicing or injuring another.
In the ultimate analysis, petitioner’s liability is premised on
the obligation to repair or to make whole the damage caused
to another by reason of one’s act or omission, whether done There is however, no hard and fast rule which can be applied
intentionally or negligently and whether or not punishable by to determine whether or not the principle of abuse of rights
law.” may be invoked. The question of whether or not the principle
of abuse of rights has been violated, resulting in damages
under Articles 20 and 21 (of the Civil Code) or other
applicable provision of law, depends on the circumstances of
each case. The absence of good faith, however, is essential to
abuse of right.
Uypitching v. Quiamco G.R. No. 146322 December 6, 2006
Principle of Abuse of Rights
FACTS:
The principle of abuse of rights stated in Article 19 of the
Civil Code departs from the classical theory that “he who uses In 1982, respondent Ernesto Quiamco was approached by Juan
a right injures no one.” The modern tendency is to depart from Davalan, Josefino Gabutero and Raul Generoso to amicably settle the
the classical and traditional theory, and to grant indemnity for civil aspect of a criminal case for robbery filed by Quiamco against
damages in cases where there is an abuse of rights, even when them. They surrendered to him a red Honda XL-100 motorcycle and
the act is not illicit. a photocopy of its certificate of registration. Respondent asked for the
original certificate of registration but the three accused never came to
Certain standards which may be observed not only in the see him again. The motorcycle was parked in an open space inside
exercise of one’s rights but also in the performance of one’s respondent’s business establishment, Avesco AVNE Enterprises,
where it is visible and accessible to the public. It turned out that the
duties. These standards are the following: to act with justice;
motorcycle had been sold on installment basis to Gabutero by the
to give everyone his due; and to observe honesty and good petitioner Ramas Uypitching Sons, Inc., managed by Atty. Ernesto
faith. The law, therefore, recognizes the primordial limitation Ramas Uypitching. To secure its payment, the motorcycle was
on all rights: that in their exercise, the norms of human mortgaged to petitioner’s corporation. When Gabutero could no
conduct set forth in Article 19 must be observed. A right, longer pay the installments, Davalan assumed the obligation but
though by itself legal because recognized or granted by law as stopped paying the remaining installments and told the collector that
such, may nevertheless become the source of some illegality. the motorcycle had been allegedly “taken by respondent’s men”.
Nine years later, Uypitching, accompanied by policemen went to
Avesco-AVNE Enterprise to recover the motorcycle. While the more strategic location and is more accessible to the target
police leader and the clerk in charge were talking, Uypitching paced market (which is comprised of the municipalities of San
back and forth inside the establishment uttering “Quiamco is a thief Andres, Pandan and Caramoran)." It turned out that the San
of motorcycle.” The policemen left to look for respondent in his
Andres dealership was awarded to Mendoza's brother-in-law,
residence while the petitioner stayed in the establishment and take
[Joseph] Cua [(Cua)], whom Mendoza claims to have not even
photographs of the motorcycle. Unable to find the respondent, he
instructed the policemen to take the motorcycle regardless of the passed the initial screening of Caltex to qualify and be
clerk’s objection. included in the dealers pool listing.
ISSUE: ISSUE:
Whether or not the acts of the petitioner are contrary to the principle whether Chevron's act of awarding dealerships to the
of abuse of right. Franciscos and Cua, and not to Mendoza, constitutes an abuse
of right which is compensable under our civil laws.
RULING:
Yes. Article 19, also known as the “principle of abuse of right” RULING:
prescribes that a person should not use his right unjustly or
NO, Mendoza's appeal was denied for lack of merit. In sum,
contrary to honesty and good faith, otherwise he opens himself to
liability. There is an abuse of right when it is exercised solely to the CA found that "[n]o abuse of right can be ascribed to
prejudice or injure another. Chevron in not awarding the two (2) dealerships to Mendoza."
In this case, the manner by which the motorcycle was taken at Nevertheless, while sustaining the award of attorney's fees and
petitioners’ instance was not only attended by bad faith but also costs of suit in favor of Chevron, the CA held that Chevron is
contrary to the procedure laid down by law. Considered in not entitled to moral and exemplary damages, finding that
conjunction with the defamatory statement, petitioners’ exercise of there was no evidence presented establishing the factual basis
the right to recover the mortgaged vehicle was utterly prejudicial for the award of moral and exemplary damages in favor of
and injurious to respondent.
Chevron.
On the other hand, the precipitate act of filing an unfounded
complaint could not in any way be considered to be in accordance
with the purpose for which the right to prosecute a crime was
established. Thus, the totality of petitioner’s actions showed a
calculated design to embarrass, humiliate and publicly ridicule
respondent. Petitioners acted in an excessively harsh fashion to the
prejudice of respondent. Contrary to law, petitioners willfully
caused damaged to respondent. Hence, they should indemnify
him.
Cebu Country Club v. Elizagaque G.R. No. 160273 January 18, Article 20 – Damages
2008
“Every person who, contrary to law, wilfully or negligently
Ardiente v. Javier G.R. No. 161921 July 17, 2013 causes damage to another, shall indemnify the latter for
Sesbreño v. Court of Appeal G.R. No. 160689 March 26, 2014 the same.”
Buenaventura v. Court of Appeals G.R. No. 127358 March

31, 2005
Chevron Philippines Inc. vs. Mendoza G.R. No. 211533 June 19,
2019 These cases involve a petition for the declaration of nullity of
marriage, which was filed by petitioner Noel Buenaventura on
FACTS:
July 12, 1992, on the ground of the alleged psychological
On July 9, 1998, Mendoza re-applied for dealership of a incapacity of his wife, Isabel Singh Buenaventura, herein
dealer-owned service station either in Virac or San Andres, respondent. RTC declared the marriage entered into between
since one of the twoCaltex service stations in Catanduanes had plaintiff Noel A. Buenaventura and defendant Isabel Lucia
closed. Mendoza offered four (4) service station sites to Singh Buenaventura null and void ab initio;
Caltex, three (3) of which were owned by him.
Ordering the plaintiff to pay defendant moral damages and
,
In a letter-reply apprised Mendoza that "it has been decided exemplary damages plus attorney’s fees of P100,000.00;
that the Caltex dealership be awarded to the site which offers a Petitioner appealed the above decision to the Court of
Appeals. While the case was pending in the appellate court, court referred to Article 21 because Article 2217 of the
respondent filed a motion to increase the P15,000 monthly Civil Code enumerates the cases in which moral damages
support pendente lite of their son Javy Singh Buenaventura. may be recovered and it mentions Article 21 as one of the
instances. It must be noted that Article 21 states that the
ISSUE: individual must willfully cause loss or injury to another.
Whether or not there can be an award of damages There is a need that the act is willful and hence done in
RULING: complete freedom. In granting moral damages, therefore,
the trial court and the Court of Appeals could not but have
NO. The trial court, after findings of fact ascertained from the assumed that the acts on which the moral damages were
testimonies not only of the parties particularly the defendant- based were done willfully and freely, otherwise the grant of
appellee but likewise, those of the two psychologists, awarded moral damages would have no leg to stand on.
damages on the basis of Articles 21, 2217 and 2229 of the
Civil Code of the Philippines. On the other hand, the trial court declared the marriage of the
parties null and void based on Article 36 of the Family Code,
Plaintiff-appellant deceived the defendant-appellee into due to psychological incapacity of the petitioner, Noel
marrying him by professing true love instead of revealing to Buenaventura. Article 36 of the Family Code states: A
her that he was under heavy parental pressure to marry; that he marriage contracted by any party who, at the time of the
was not ready to enter into marriage as in fact his career was celebration, was psychologically incapacitated to comply with
and always would be his first priority; that he was unable to the essential marital obligations of marriage, shall likewise be
relate not only to defendant-appellee as a husband but also to void even if such incapacity becomes manifest only after its
his son; that he had no inclination to make the marriage work solemnization. Psychological incapacity has been defined,
such that in times of trouble, he chose the easiest way out, that thus: . . . no less than a mental (not physical) incapacity that
of leaving defendant–appellee and their son; that the causes a party to be truly incognitive of the basic marital
aforementioned caused defendant-appellee to suffer mental covenants that concomitantly must be assumed and discharged
anguish, anxiety, besmirched reputation, sleepless nights not by the parties to the marriage.
only in those years the parties were together but also after and
throughout their separation. By declaring the petitioner as psychologically incapacitated,
the possibility of awarding moral damages on the same set of
Plaintiff-appellant assails the trial court’s decision on the facts was negated. The award of moral damages should be
ground that unlike those arising from a breach in ordinary predicated, not on the mere act of entering into the marriage,
contracts, damages arising as a consequence of marriage may but on specific evidence that it was done deliberately and with
not be awarded. While it is correct that there is, as yet, no malice by a party who had knowledge of his or her disability
decided case by the Supreme Court where damages by reason and yet willfully concealed the same. No such evidence
of the performance or non-performance of marital obligations appears to have been adduced in this case. For the same
were awarded, it does not follow that no such award for reason, since psychological incapacity means that one is
damages may be made. Defendant-appellee specifically truly incognitive of the basic marital covenants that one
prayed for moral and exemplary damages in the total amount must assume and discharge as a consequence of marriage,
of 7 million pesos. The lower court found full justification of it removes the basis for the contention that the petitioner
awarding at least half of what was originally prayed for. purposely deceived the private respondent. If the private
respondent was deceived, it was not due to a willful act on
We find no reason to disturb the ruling of the trial court. The
the part of the petitioner. Therefore, the award of moral
award by the trial court of moral damages is based on Articles
damages was without basis in law and in fact.
2217 and 21 of the Civil Code, which read as follows: ART.
2217. Moral damages include physical suffering, mental Article 21 – Acts contrary to Morals
anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation, and similar Albenson Enterprises v. Court of Appeals G.R. No. 88694
injury. January 11, 1993
Though incapable of pecuniary computation, moral damages  Breach of Promise to Marry

may be recovered if they are the proximate result of the
Shookat Baksh v. Court of Appeals G.R. No. 97336
defendant’s wrongful act or omission. ART. 21. Any
February 19, 1993
person who wilfully causes loss or injury to another in a
manner that is contrary to morals, good customs or public Wassmer vs. Velez G.R. No. L-20089 December 26, 1964
policy shall compensate the latter for the damage. The trial
3. that the enrichment of the defendant is without just or

legal ground; and
 Malicious Prosecution 4. that the plaintiff has no other action based on contract,
Tan vs. Valeriano G.R. No. 185559 August 2, 2017 quasicontract, crime or quasi-delict.
Hulst vs. PR Builders G.R. No. 156364 September 3, 2007
Doctrine:
Since petitioner and his wife, being Dutch nationals, are proscribed under the
Constitution from acquiring and owning real property, it is unequivocal that
the Contract to Sell entered into by petitioner together with his wife and
respondent is void.
As Sec. 7, Article XII of the Constitution provides, "Save in cases of

hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire
or hold lands of the public domain."
The capacity to acquire private land is made dependent upon the capacity to
acquire or hold lands of the public domain. Private land may be transferred or
conveyed only to individuals or entities "qualified to acquire lands of the
public domain." The 1987 Constitution reserved the right to participate in the
disposition, exploitation, development and utilization of lands of the public
domain for Filipino citizens or corporations at least 60 percent of the capital
of which is owned by Filipinos. Aliens, whether individuals or
corporations, have been disqualified from acquiring public lands; hence,
they have also been disqualified from acquiring private lands.
Facts:
Article 22 – Unjust Enrichment The Petitioner and his spouse, both Dutch Nationals, entered
into a Contract to Sell with PR Builders, Inc. to purchase a
“Every person who through an act of performance by 210-sq m residential unit in the respondent's townhouse
another, or any other means, acquires or comes into project in Batangas. When PR Builder's failed to comply with
possession of something at the expense of the latter without their verbal promise to complete the project, the spouse Hulst
just or legal ground, shall return the same to him.” filed a complaint for rescission of contract with interest,
damages and attorney's fees before the Housing and Land
Regulatory Board (HLURB), which then was granted. A Writ
Accion In Rem Verso Under Article 22 of the Civil Code, if a of Execution was then addressed to the Ex - Officio Sheriff of
person acquires or comes into possession of something at the the RTC of Tanauan, Batangas, but upon the complaint of the
expense of another without just or legal ground through an act respondent, the levy was set aside, leaving only the
or of performance by another or any other means has the respondent’s personal properties to be levied first. The Sheriff
obligation to return the same. An action for recovery of what set a public auction of the said levied properties.
has been paid or delivered without just cause or legal ground However, the respondent filed a motion to quash the writ of
is called an accion in rem verso levy on the ground that the sheriff made an over levy, with the
aggregate appraised value of the properties pegged at P6,500
per square meter or P83,616,000. Instead of resolving the
Requisites of Accion In Rem Verso objection of the respondent's regarding the auction, the Sheriff
proceeded with the auction since there was no restraining
In order that an action under Article 22 of the Civil Code, on
order from the HLURB. The 15 parcels of land was then
unjust enrichment, may prosper, the following conditions
awarded to Holly Properties Realty at a bid of P5,450,653.
must concur:
On the same day, the Sheriff remitted the legal fees and
1. that the defendant has been enriched;
submitted to contracts of sale to HLURB, however, he then
2. that the plaintiff has suffered a loss;
received orders to suspend proceedings on the auction for the
reason that the market value of the properties was not fair. of the defendant, the latter shall be liable for indemnity if
There was disparity between the appraised value and the value through the act or event he was benefited.”
made by the petitioner and the Sheriff, which should've been
looked into by the Sheriff before making the sale. While an
inadequacy in price is not a ground to annul such sale, the Liability without Fault or Negligence
court is justified to such intervention where the price shocks
the conscience. Can there be liability without fault or negligence? This is
answered by Article 23 of the Civil Code. Our Civil Code now
The CA affirmed the HLURB’s decision. Thus, this petition in recognizes liability without fault or negligence, even when the
the Supreme Court alleging that the CA committed grave event producing loss to others may be accidental or fortuitous,
abuse of discretion in setting aside the levy made by the so long as another person is benefited through such event or
sheriff on the subject properties. However, before addressing act.
such question, the Court deemed it proper to first address the
issue of whether the petitioners who are foreign nationals are Article 23 likewise seeks to prevent unjust enrichment. What
disqualified under the Sec 7, Art XII of the 1987 Constitution is contemplated by Article 23 is an involuntary act or an act
from owning real property in their names. which though foreseen could not have been avoided. An
involuntary act, because of its character cannot generally
Issue: create an obligation; but when by such act its author has been
Whether or not petitioners, being foreign nationals, are enriched, it is only just that he should indemnify for the
prohibited from owning real property in their name and damages caused, to the extent of his enrichment
therefore, the subject Contract to Sell is void?
Held:
Yes. Since petitioner and his wife, being Dutch nationals, are Article 24 – “4. In all contractual, property or other
proscribed under the Constitution from acquiring and owning relations, when one of the parties is at a disadvantage on
real property, it is unequivocal that the Contract to Sell entered account of his moral dependence, ignorance, indigence,
into by petitioner together with his wife and respondent is mental weakness, tender age or other handicap, the courts
void. As Sec. 7, Article XII of the Constitution provides, must be vigilant for his protection.”
"Save in cases of hereditary succession, no private lands shall
be transferred or conveyed except to individuals, corporations, Court’s Duty of Protecting the Disadvantaged Article 24 of the
or associations qualified to acquire or hold lands of the public Civil Code calls on the court to be vigilant in the protection of
domain." The capacity to acquire private land is made the rights of those who are disadvantaged in life. It is
dependent upon the capacity to acquire or hold lands of the supplemented by Article 1332 of the Civil Code which
public domain. Private land may be transferred or conveyed provides: “When one of the parties is unable to read, or if the
only to individuals or entities "qualified to acquire lands of the contract is in a language not understood by him, and mistake
public domain." The 1987 Constitution reserved the right to or fraud is alleged, the person enforcing the contract must
participate in the disposition, exploitation, development and show that the terms thereof have been fully explained to the
utilization of lands of the public domain for Filipino citizens former.”
or corporations at least 60 percent of the capital of which is
Legislative Intent of Article 24
owned by Filipinos. Aliens, whether individuals or
corporations, have been disqualified from acquiring public The law intended to protect both those who are found weak
lands; hence, they have also been disqualified from acquiring and uneducated who may have been taken advantage of by
private lands. unscrupulous persons or those who may have used undue
influence in entering into agreements
Bliss Development v. Diaz 765 SCRA 453 G.R. No. 213233

August 5, 2015 Article 25 – “Thoughtless extravagance in expenses for
pleasure or display during a period of acute public want or
emergency may be stopped by the order of the courts at
Article 23 – “Even when an act or event causing damage to the instance of any government or private charitable
another’s property was not due to the fault or negligence institution”
Thoughtless Extravagance Before thoughtless extravagance and spouses, filed a complaint against RCPI before the RTC
may be prevented, the following requisites must be present: for damages the plaintiffs alleged that, inter alia, the delay in
delivering the telegram contributed to the early demise of the
1. there must be an acute public want or emergency; late Editha to their damage and prejudice, for which they
2. the person seeking to stop it must be a government or prayed for the award of moral and exemplary damages and
private charitable institutions. attorney’s fees.
ISSUE:
Article 26 – Protection of Human dignity Whether or not the award of moral damages is proper even if
“Every person shall respect the dignity, personality, the trial court found that there was no direct connection
privacy and peace of mind of his neighbors and other between the injury and the alleged negligent acts?
persons. The following and similar acts, though they may RULING:
not constitute a criminal offense, shall produce a cause of
action for damages, prevention and other relief: YES. RCPI’s stand fails. Its liability is anchored on culpa
contractual or breach of contract with regard to Grace, and on
1. Prying into the privacy of another’s residence; tort with regard to her co-plaintiffs-herein-co-respondents.
2. Meddling with or disturbing the private life or family Based on Article 1170 of the Civil Code provides: “Those who
relations of another; in the performance of their obligations are guilty of fraud,
3. Intriguing to cause another to be alienated from his negligence, or delay, and those who in any manner contravene
friends; the tenor thereof, are liable for damages.
4. Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth, Considering the public utility of RCPI’s business and its
physical defect, or other personal condition. contractual obligation to transmit messages, it should exercise
due diligence to ascertain that messages are delivered to the
RCPI v. Verchez G.R. No. 164349 January 31, 2006 persons at the given address and should provide a system
On January 21, 1991, Editha Hebron Verchez was confined whereby in cases of undelivered messages the sender is given
due to an ailment. Grace Verchez-Infante (daughter) went to notice of non-delivery. Messages sent by cable or wireless
the Radio Communications of the Philippines, Inc. (RCPI, means are usually more important and urgent than those
Sorsogon) to send a telegram to her sister Zenaida Verchez- which can wait for the mail.
Catibog (Zenaida) who was residing at 18 Legal St., GSIS
Village, Quezon City reading: "Send check money Mommy
hospital." Grace paid P10.50 and was issued a receipt. Three Castro v. People 559 SCRA 676 G.R. NO. 180832 July 23,
days after, no response was received from her, Grace sent a 2008
letter to Zenaida, thru JRS Delivery Service, reprimanding her
for not sending any financial aid. After Zenaida received FACTS:
Grace’s letter, with her husband Fortunato Catibog, left for The prosecution essentially tried to establish that petitioner
Sorsogon. On her arrival she disclaimed having received any depicted Tan as a "dangerous person." Ching testified that
telegram. Zenaida, and her husband, brought Editha to the petitioner warned her that talking to Tan was dangerous. Tan,
Veterans Memorial Hospital in Quezon. on the other hand, testified that petitioner's statement shocked
The telegram from RCPI was delivered to Zenaida 25 days him as it portrayed him as "someone capable of committing
later, Editha’s husband Alfonso Verchez (Verchez), by letter undesirable acts." He added that petitioner probably took
demanded an explanation from the manager of the Service offense because of the complaint he filed against RIS in the
Quality Control Department of the RCPI, Mrs. Lorna D. Dep-Ed.
Fabian, who replied, that due to the occurrence of radio link For his defense, petitioner denied harboring ill-feelings against
connecting the points of communication encountered radio Tan despite the latter's complaint against RIS in the Dep-Ed.
noise and interferences such that subject telegram did not Although he admitted conversing with Ching (whom he
initially registered in the receiving teleprinter machine . considered as a close acquaintance) on the telephone a few
Verchez’s lawyer thereupon wrote RCPI’s manager Fabian, by days after RIS' 2003 commencement exercises, petitioner
letter requesting for a conference but no representative of asserted that he never said or insinuated that Tan or talking to
RCPI showed up at said date and time. On April 17, 1992, Tan was dangerous. On cross-examination, however, he did
Editha died. Verchez, with his daughters Grace and Zenaida not categorically deny the veracity of Ching's statement.
The MeTC found that Ching's statements in her affidavit and There are four requisites in order that an action may prosper
in open court were consistent and that she did not have any under this article:
motive to fabricate a false statement. Petitioner, on the other
hand, harbored personal resentment, aversion and ill-will 1. That the defendant be a public official charged with the
against Tan since the Dep-Ed compelled RIS to readmit his performance of official duties;
son. Thus, the MeTC was convinced that petitioner told Ching 2. That there be a violation of an official duty in favor of an
talking to Tan was dangerous and that he uttered the statement individual;
with the intention to insult Tan and tarnish his social and 3. That there be wilfulness or negligence in the violation of
professional reputation. such official duty; and
4. That there be an injury to the individual.
ISSUE:
Whether or not petitioner is liable for damages under Article Malice or Inexcusable Negligence
26 of the Civil Code? Article 27 presupposes that the refusal or omission of a public
RULING: official is attributable to malice or inexcusable negligence.
NO. At most, petitioner could have been liable for damages

under Article 26 of the Civil Code
Article 26. Every person shall respect the dignity, personality, Ledesma v. Court of Appeals & Delmo 160 SCRA 449
privacy and peace of mind of his neighbors and other G.R. No. L-54598 April 15, 1988
persons. The following and similar acts, though they may not
constitute a criminal offense, shall produce a cause of action FACTS:
for damages, prevention and other relief: Intriguing to cause
another to be alienated from his friends; Some students of a state college formed an organization
named Student Leadership Club. Delmo was elected treasurer.
Petitioner is reminded that, as an educator, he is supposed to In that capacity, she extended loans from the club funds to
be a role model for the youth. As such, he should always act some students. The college president, claiming that extending
with justice, give everyone his due and observe honesty and loans was against school rules, wrote Delmo informing her
good faith. that she was being dropped from the membership of the club
and that she would not be a candidate for any award from the
Petitioner Jerome Castro is ACQUITTED of slight oral school. Delmo appealed to the Bureau of Public Schools. The
defamation. No pronouncement as to costs. Bureau directed the college president not to deprive Delmo of
any award if she is entitled to it.
Article 27 – Relief against Public Officials On April 27, 1966, the President received the Director’s
decision. On the same day he received a telegram “airmail
“Any person suffering material or moral loss because a records Delmo missent that office.” The Bureau Director
public servant or employee refuses or neglects, without asked for the return only of the records but the President
just cause, to perform his official duty may file an action allegedly mistook the telegram as ordering him to also send
for damages and other relief against the latter, without the decision back. So he returned by mail all the records plus
prejudice to any disciplinary administrative action that the decision to the Director.
may be taken.”
The next day the President received from the Bureau Director
a telegram telling him to give a copy of the decision to Delmo.
The President in turn sent a telegram to the Bureau Director
Scope of Article 27
telling him that he had returned the decision and that he had
Article 27 does not cover all cases of official wrongs. It is not retained a copy.
limited to refusal or neglect to perform official duties. This
On May 3, the day of graduation, the President again received
article does not cover malfeasance and misfeasance, but only
another telegram from the Director ordering him not to
nonfeasance.
deprive Delmo of any honors due her. As it was impossible by
this time to include Delmo’s name in the program as one of
the honor students, the President let her graduate as a plain
Requisites of Action under Article 27
student instead of being awarded the latin honor magna cum of such goods or any agent of any vendor engaged in
laude. selling such goods with a like purpose;
2. Any person who by any artifice, or device, or who
ISSUE: employs any other means calculated to induce the false
Whether or not President of the state college was held liable belief that such person is offering the service of another
for damages under Article 27 of the Civil Code who has identified such services in the mind of the public;
3. Any person who shall make any false statement in the
RULING: course of trade or who shall commit any other act
contrary to good faith of a nature calculated to discredit
The President of the state college was held liable for damages
the goods, business or services of another.”
under Article 27 of the Civil Code for failure to graduate a
student with honors, on account of said official’s neglect of
duty and callousness. Undoubtedly, Delmo went though a
painful ordeal brought about by the president’s neglect of duty Willaware Products vs. Jesichris Manufacturing G.R. No.
and callousness. Thus, moral and exemplary damages under 195549 September 3, 2014
Article 27 of the Civil Code are but proper.
Article 29 – Civil Action Two Kinds of Aquittal

Campugan v. Tolentino, Jr. 752 SCRA 254 A.C. No. 8261 Daluraya v. Olivia 744 SCRA 193 G.R. No. 210148
March 11, 2015 December 8, 2014
Illustration of Article 29
Article 28 – Unfair Competition Caiňa vs. People G.R. No. 78777 September 2, 1992
“Unfair competition in agricultural, commercial or Banal vs. Tadeo G.R. No. 78911-25 December 11, 1987
industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a right
of action by the person who thereby suffers damages.” No need to institute a separate civil action
Unfair competition is the employment of deception or any Padilla vs. Court of Appeals G.R. No. L-39999 May 31, 1984
other means contrary to good faith by which he shall pass off
the goods manufactured by him or in which he deals, or his
business, or services for those of the one having established Article 30 – Relevant Provisions of Law
such goodwill, or who shall commit any acts calculated to
Rule 111, Section 1-3 (Revised Rules of Criminal Procedure)
produce said result.
The law further enumerates the more common ways of

committing unfair competition, thus: “Sec. 168.3. In Article 31 – Civil Obligation Not Arising from Felony
particular, and without in any way limiting the scope of
protection against unfair competition, the following shall be Frias v. San Diegos – Sison 520 SCRA 244 G.R. No. 155223
deemed guilty of unfair competition: April 4, 2007
1. Any person, who is selling his goods and gives them the
general appearance of goods of another manufacturer or
Article 32
dealer, either as to the goods themselves or in the
wrapping of the packages in which they are contained, or
the devices or words thereon, or in any other feature of
their appearance, which would be likely to influence Article 33 – Independent Civil Actions
purchasers to believe that the goods offered are those of a
Carandang vs. Santiago G.R. No. L-8238 May 25, 1955
manufacturer or dealer, other than the actual manufacturer
or dealer, or who otherwise clothes the goods with such Supreme Transportation Liner, Inc. vs Ruz G.R. No. 200444
appearance as shall deceive the public and defraud August 15, 2018
another of his legitimate trade, or any subsequent vendor
Article 34
Article 35
Article 36 – Prejudicial Question
Yap v. Cabales 588 SCRA 426 G.R. No. 159186 June 5, 2009
Dreamwork Construction, Inc. v. Janiola 591 SCRA 426 G.R.

No. 184861 June 30, 2009
Pimentel v. Pimentel 630 SCRA 436 G.R. No. 172060

September 13, 2010
People v. Arambulo 759 SCRA 93 G.R. No. 186597 June 17,

2015
Te vs. Court of Appeals & Choa G.R. No. 126746 November

29, 2000
Relevant Rules: Rule 111, Section 6-7 of the Revised Rules

of Criminal Procedure
TITLE I – CIVIL PERSONALITY Chapter 1 – General

Provisions
Article 37 – Juridical Capacity and Capacity to Act
Catalan v. Basa G.R. No. 159567 July 31, 2007
Article 38 & 39 – Restrictions on Civil Personality
Mercado v. Espiritu 37 PHIL 215 G.R. No. L-11872

December 1, 1917
Atizado v. People G.R. No. 173822 October 13, 2010

Reviewer: Persons and Family Relations Pamela Faith Madulid: Article 1. Article 2

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REVIEWER: PERSONS AND FAMILY RELATIONS Pamela Faith Madulid 1

ARTICLE 4. Laws shall have no retroactive effect, unless PUBLICATION REQUIREMENT

When the courts declare a law to be inconsistent with the

Administrative or executive acts, orders and regulations

1. Persons Maxim: “Lex prospicit, non respicit”

The 1987 constitution on repeal - Article XVIII- section 3

The family code of the Philippines on repeal

Article 254-titles 3-6, 8-9, 11, 15 of republic of act No. 86

Article 17-19, 27-31, 39- 42 of presidential decree oe child

Amended and all laws, decrees, executive orders,

Article 255 of family code

-if any provision of this code is held invalid, all other

Article 8 – Judicial Decisions

“No judge or court shall decline to render judgment by

• Revised Penal Code, Article 5

The following are the exceptions to the general application of

with Theodore Van Dorn. Richard Upton filed a suit against

Whether or not the divorce decree obtained by petitioner and

3. Legal Standing of Divorced Persons to Sue for Adultery:

respondent, it is incumbent upon him to prove the pertinent FACTS:

Thus, taking into consideration the legislative intent and

“Real property as well as personal property is subject to HELD:

(a) the order of succession;

Under the first paragraph of Article 17, the forms and

For the Philippine courts to recognize and give recognition or

Court of Holland. According to petitioner, respondent made a

An injury is an illegal invasion of a legal right, any loss, hurt

The loss was therefore not a result of a violation of a legal

Buenaventura v. Court of Appeals G.R. No. 127358 March

Though incapable of pecuniary computation, moral damages  Breach of Promise to Marry

3. that the enrichment of the defendant is without just or

Hulst vs. PR Builders G.R. No. 156364 September 3, 2007

As Sec. 7, Article XII of the Constitution provides, "Save in cases of

Bliss Development v. Diaz 765 SCRA 453 G.R. No. 213233

NO. At most, petitioner could have been liable for damages

Article 29 – Civil Action Two Kinds of Aquittal

The law further enumerates the more common ways of

Article 36 – Prejudicial Question

Dreamwork Construction, Inc. v. Janiola 591 SCRA 426 G.R.

Pimentel v. Pimentel 630 SCRA 436 G.R. No. 172060

People v. Arambulo 759 SCRA 93 G.R. No. 186597 June 17,

Te vs. Court of Appeals & Choa G.R. No. 126746 November

Relevant Rules: Rule 111, Section 6-7 of the Revised Rules

TITLE I – CIVIL PERSONALITY Chapter 1 – General

Article 37 – Juridical Capacity and Capacity to Act

Catalan v. Basa G.R. No. 159567 July 31, 2007

Article 38 & 39 – Restrictions on Civil Personality

Mercado v. Espiritu 37 PHIL 215 G.R. No. L-11872

Atizado v. People G.R. No. 173822 October 13, 2010

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