Civil Code of the Philippines: Conflicts of Law Provisions, Arts. 14 ,15, 16, 17, and 18
Art. 14. Penal laws and those of public security and safety shall beobligatory upon all who live or sojourn in the Philippine territory, subject to theprinciples of public international law and to treaty stipulations. Two principles:1. TerritorialityGeneral Rule: Criminal laws apply only in Philippine territory.Exception: Article 2, Revised Penal Code.2. GeneralityGeneral Rule: Criminal laws apply […]
Civil Code of the Philippines: Human Relations, Arts. 19 to 36
Art. 19. Every person must, in the exercise of his rights and in theperformance of his duties, act with justice, give everyone his due, and observehonesty and good faith.Art. 20. Every person who, contrary to law, willfully or negligently causesdamage to another, shall indemnify the latter for the same.Art. 21. Any person who willfully causes […]
Civil Code of the Philippines:Person, Arts. 37, 38, and 39
Any physical or juridical being susceptible o frights and obligations, or of being thesubject of legal relations Persons vs. ThingsA person is the subject of legal relationsA things is the object of legal relationsArt. 37. Juridical capacity, which is the fitness to be the subject of legalrelations, is inherent in every natural person and is […]
Civil Code of the Philippines:Natural Persons , Arts. 40,41,42 and 43
Art. 40. Birth determines personality; but the conceived child shall beconsidered born for all purposes that are favorable to it, provided it be bornlater with the conditions specified in the following article.Art. 41. For civil purposes, the foetus is considered born if it is alive atthe time it is completely delivered from the mother’s womb. […]
Civil Code of the Philippines: Juridical Persons, Arts. 44, 45 ,46, and 47
Art. 44. The following are juridical persons:(1) The State and its political subdivisions;(2) Other corporations, institutions and entities for public interest orpurpose, created by law; their personality begins as soon as they havebeen constituted according to law;(3) Corporations, partnerships and associations for private interest orpurpose to which the law grants a juridical personality, separate anddistinct […]
Civil Code of the Philippines: Surnames
Surnames are important for identification. Surnames identify the family to which aperson belongs (transmitted from parent to child). A name is a word or a combination by which a person is known or identified (Republicvs. Fernandez) Characteristics of Surnames1. Absolute – intended to protect from confusion2. Obligatory3. Fixed – can’t change at one’s leisure4. Outside […]
Civil Code of the Philippines:Emancipation and Age of Majority (RA 6809)
REPUBLIC ACT NO. 6809AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS,AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, ANDFOR OTHER PURPOSESSec. 1. Article 234 of Executive Order No. 209, the Family Code of the Philippines, ishereby amended to read as follows:“Art. 234. Emancipation takes place by the attainment of […]
Civil Code of the Philippines: Absense
Absence is that special legal status of one who is not in his domicile, his whereaboutsbeing unknown and it being uncertain whether he is dead or alive.Example: When Lacson went to the US, Lacson was not absent since his whereaboutswere known. Stages of Absence (According to Seriousness)1. Temporary or Provisional (Articles 381 – 383)Art. 381. […]
Civil Code of the Philippines:Funerals
Art. 305. The duty and the right to make arrangements for the funeral ofa relative shall be in accordance with the order established for support, underarticle 294. In case of descendants of the same degree, or of brothers andsisters, the oldest shall be preferred. In case of ascendants, the paternal shallhave a better right.The order […]
Civil Code of the Philippines:Civil Registry
The Civil Registry is the repository of relevant facts of a person (birth, adoption,nationalization, marriage, death, etc.)Art. 407. Acts, events and judicial decrees concerning the civil status ofpersons shall be recorded in the civil register. Anything which affects the civil status of persons shall be recorded in the CivilRegister. (Read also Article 7, of PD […]