Documents

Up Civil Law Solid

Description
UP Civil law solid
Categories
Published
of 33
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Transcript
  PERSONS & FAMILY RELATIONS CIVIL LAW 1 UPLAW U P B A R O P S 2 0 0 8 Page  2 of  325 Persons and Family Relations TABLE OF CONTENTS I. Civil Personality 3II. Citizenship and Domicile 6III. Marriage 6IV. Void Marriages 8V. Voidable Marriages 11VI. Legal Separation 14VII. Rights and Obligations Between Husband and Wife 16VIII. Property Relations Between Spouses 16IX. The Family 25X. Paternity and Filiation 26XI. Adoption 29XII. Support 32XIII. Parental Authority 32XIV. Funerals 34  PERSONS & FAMILY RELATIONS CIVIL LAW 1 UPLAW U P B A R O P S 2 0 0 8 Page  3 of  325 I. CIVIL PERSONALITY A. CONCEPT AND CLASSES OF PERSONS Person -  any being, natural  (Art. 40, CC)  or juridical  (Art. 42, CC) , susceptible to legalrights and obligations, and can be a subject of legal relations. Kinds of Capacity:  (Art. 37, CC) Juridical CapacityCapacity to ActFitness to be the subjectof legal relations.Power to do actswith legal effectInherent in everynatural personAcquired andmay be lostLost only through deathSubject tocertainrestrictionsInherent andineffaceable attribute of man; attaches to him bythe mere fact of hisbeing a man.Conditional andvariable, it isacquired andmay be lost. Kinds of persons:1. Natural personsGeneral Rule: Birth determines personality  (Art 40).  Deathextinguishes civil personality  (Art 42) . Exception: A conceived child is considered born for allpurposes that are FAVORABLE to it, providedit be born later  (Art 40, 2nd clause)  with thefollowing circumstances:a. It is alive at the time it is completelydelivered from the mother's womb. b.  But if the fetus had an intra-uterine lifeof less than seven months, it shouldsurvive for at least 24 hours after itscomplete delivery.  (Art. 41, CC) Test of life: complete respiration. Burden of proof: The presumption is that it was alive and theburden of proof is on the party who allegesthe contrary. Geluz v. CA G.R. No. 16439 (1961) An unborn fetus is not endowed withpersonality. Parents of an unborn fetuscannot sue for damages on its behalf as thefetus, having no personality, does not haverights which it can pass on. The family,however, can recover moral damages. Effect of Death: The effect of death upon the rights andobligations of the deceased is determined bylaw, by contract and by will  (Art 42, par. 2) . Doubt as to the order of death: If they are called to succeed each other,whoever alleges the death of one prior to theother, shall prove the same. In the absence of proof, it is presumed that they died at thesame time, and there will be no transmissionof rights from one to the other.  (Art. 43, CC)  Joaquin v. Navarro 93 Phil 257 (1953) The rule on Art. 43 was not applied indetermining whether the mother or the sondied first. There were eyewitnesses who cangive evidence as to who died first. It is onlyapplied when it is impossible to determinewho died first that the presumption applies. 2. Juridical personsKinds of juridical persons:  (Art. 44, CC) 1. The State and its political subdivisions;2. Other corporations, institutions andentities for public interest or purpose,created by law;3. Corporations, partnerships andassociations for private interest orpurpose to which the law grants a juridical personality. Governing laws:   Juridical Person Governing law State ConstitutionPoliticalsubdivisionCharterPublic corporation CharterPrivate corporation Corporation Code,Articles of Incorporation and By-LawsPartnerships Stipulations of theparties andsuppletorily by thegeneral provisions onpartnershipJuridical persons may acquire and possessproperty of all kinds, incur obligations, andbring civil or criminal actions  (Art. 46, CC).  PERSONS & FAMILY RELATIONS CIVIL LAW 1 UPLAW U P B A R O P S 2 0 0 8 Page  4 of  325 B. CAPACITY TO ACT ANDRESTRICTIONS THEREON Presumption of Capacity: Standard Oil Co. v. Arenas 19 Phil 363 (1911) To prove insanity, it has to be proven that:(1) The monomania of wealth was habitualand that it contributed to mental perturbation;(2) that the act was caused by themonomania itself; (3) that the monomaniaexisted at the moment he signed the surety.Capacity to act is presumed unless previouslydeclared incapable by the court. Restrictions/limitations on capacity toact:  (Art. 38, 39, CC,) 1. Minority2. Insanity or imbecility3. State of being deaf-mute4. Prodigality5. Civil interdiction6. Family relations7. Alienage8. Absence 9.  Married women  (Art. 2259, CC) 1. MinorityRA 6809 –  Majority commences at the age of 18 years. Effect on Contracts : -  Minors cannot give consent to acontract.  (Art. 1327, CC). -  The parent’s consent is binding on theminor.  (Shields v. Gross, 58 NY 2d 338) -  If one of the parties to a contract is aminor, the contract is voidable.  (Art.1390, CC) -  If both parties are minors, the contractis unenforceable.  (Art. 1403, CC) -  Persons who are capable cannot allegethe incapacity of the other party.  (Art.1379, CC) -  The minor is not obliged to makerestitution except insofar as he has beenbenefited.  (Art. 1399, CC) -  If there is active representation by theminors that they are of legal age, thecontract is valid.  (Mercado v. Espiritu, 37 Phil. 215) -  If there is only passive representation,the contract is not valid. The fraud mustbe actual and not constructive. Meresilence does not constitute fraud.However, the minors must makerestitution to the extent they profitedfrom the money received.  (Braganza v.de Villa Abrille, 105 Phil. 456) Effect on Marriage: -  Marriage contracted by any minor isVOID. Effect on Crimes: -  9 years and below= EXEMPT fromcriminal liability.  (Art. 12, RPC) -  Over 9 years and under 15 = EXEMPT, (Art. 12, RPC) -  Unless  he acted withdiscernment = Penalty islowered by at least 2 degrees. (Art. 68, RPC) -  15 years and below 18 = MITIGATINGcircumstance.  (Art. 13, RPC) 2. InsanityEffect on Contracts: -  Insane persons cannot give consent to acontract.  (Art. 1327, CC) -  Contracts entered into during a lucidinterval are valid.  (Art. 1328, CC) -  The incapacitated person is not obligedto make any restitution except insofar ashe has been benefited.  (Art. 1399, CC) Effect on Crimes: -  Insane persons are EXEMPT fromcriminal liability  unless  they acted duringa lucid interval.  (Art. 12, RPC) Effect on Marriage: -  A marriage is VOIDABLE if either partywas of unsound mind at the time of themarriage. -  Except: When the insane person, aftercoming to reason, freely cohabited withthe other. Dumaguin v. Reynolds 10 Phil. 381 (1952) The presumption of mental incapacity in aperson under guardianship for mentalderangement may be rebutted by evidence.That person may enter a valid contractprovided it is proven—1. That he was not insane at the time heentered into the contract, and2. That his mental defect did not affecthis capacity to appreciate the meaningand significance of the transaction. 3. State of being deaf-mute -  Deaf-mutes cannot give consent to acontract.  (Art. 1327, CC) -  If the testator is a deaf-mute, he mustpersonally read the will. If unable toread, he must designate 2 persons toread it and communicate to him thecontents thereof.  (Art. 807, CC) -  Deaf-mutes can’t be witnesses to a will. (Art. 820, CC)  PERSONS & FAMILY RELATIONS CIVIL LAW 1 UPLAW U P B A R O P S 2 0 0 8 Page  5 of  325 4. Prodigality Martinez v. Martinez  1 Phil. 182 To make a person legally unfit to run his ownaffairs, his acts of prodigality must show:1. A morbid mind, and2. A tendency to spend or waste theestate so as to expose the family towant or deprive the forced heirs of their inheritance. 5. Civil Interdiction Civil interdiction deprives the offender duringthe time of his sentence of the followingrights—  (PA-G-MA-MD) 1. Parental authority,2. Guardianship as to the person orproperty of any ward,3. Marital authority,4. Management his property 5.  Disposition of his property  (Art. 34,RPC) 6. Family RelationsEffect on Crimes: -  No criminal liability if one acts in defenseof spouse, ascendants, descendants,brothers or sisters, relatives by affinityand consanguinity within the 4 th civildegree provided the requisites in Art. 11and 12 of RPC are followed. -  Mitigating circumstance: If one acts inimmediate vindication of a grave offensecommitted against his spouse,ascendants, or relatives by affinitywithin the same degrees.  (Art. 13, RPC) Effect on Marriage: -  Incestuous and void – Marriagesbetween ascendants and descendants;between brothers and sisters, whetherfull or half blood.  (Art. 37, FC) Effect on Prescription: -  Prescription does not run betweenhusband and wife.  (Art. 1109, CC) Effect on Property Relations: -  Husband and wife cannot sell property toeach other except: -  When separation of propertywas agreed in the marriagesettlements; -  When there has been a judicialseparation of property.  (Art.1490, CC) 7. Alienage8. AbsenceGeneral Rule :Absence of   7 years  + unknown whether theabsentee still leaves = presumed dead for allpurposes. Except :For the purpose of opening his succession, inwhich case, the absentee is presumed deadafter  10 years . If disappeared after the ageof 75 years,  5 years  will be sufficient.  (Art.390, CC) Rule :The following are presumed dead for ALLpurposes,  including  the division of estateamong the heirs:  (VA-A-D) 1. A person on board a vessel during asea voyage, or an aeroplane which ismissing, who has not been heard of for 4 years  since the loss of the vessel oraeroplane;2. A person in the armed forces who hastaken part in war, and has beenmissing for  4 years ; 3.  A person who has been in danger of death under other circumstances andexistence has not been known for  4years .  (Art. 391, CC) Administration and enjoyment of conjugal partnership where one spouse isabsent: -  The other spouse may assume solepowers of administration. -  These powers to NOT include dispositionor encumbrance without court authorityor written consent of the other spouse. -  Effect of want of authority/consent :VOID disposition or encumbrance. -  BUT, the transaction is construed as aCONTINUING OFFER on the part of theconsenting spouse and the 3 rd person. -  It may be perfected as a bindingcontract upon the acceptance by theother spouse or authorization by thecourt before the offer is withdrawn byeither or both offerors.  (Art. 124, FC) 9. Married WomenGeneral Rule: A married woman may not sue or be suedalone without joining her husband. Except :  (Rule 3, Sec. 4, ROC) 1. When they are judicially separated.2. If they have in fact been separated forat least 1 year;3. When there is a separation of propertyagreed upon in the marriagesettlements;
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks