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 […]
Civil Code of the Philippines: Art. 5.
Art. 5. Acts executed against the provisions of mandatory or prohibitorylaws shall be void, except when the law itself authorizes their validity.A mandatory law is one which prescribes some element as a requirement (i.e., willsmust be written – Article 804; form of donations – Article 749)A prohibitory law is one which forbids something (i.e., joint […]
Civil Code of the Philippines: Art. 6
Art. 6. Rights may be waived, unless the waiver is contrary to law, publicorder, public policy, morals, or good customs, or prejudicial to a third personwith a right recognized by law. What one can waive are rights and not obligations. Example, a creditor can waive theloan but the debtor may not. There is no form […]
Civil Code of the Philippines: Art. 7
Art. 7. Laws are repealed only by subsequent ones, and their violation ornon-observance shall not be excused by disuse, or custom or practice to thecontrary. When the courts declared 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 validonly […]
Civil Code of the Philippines: Articles 8,9,10,11,12 and 13
Art. 8. Judicial decisions applying or interpreting the laws or theConstitution shall form a part of the legal system of the Philippines. This is a new provision taken from common law. Under the civil law tradition, thecourt merely applies the law. However since the Philippine legal system is acombination of civil law and common law, […]
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 […]