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CIVIL LAW REVIEW 1 CASE DIGESTS

4C ATTY. MARCIANO G. DELSON


RULING:
1. Tanada vs. Tuvera Petitioners contend that the rule enunciated in the
G.R. No. L-63915 April 24, 1985 Habaluyas case should not be made to apply to the case at bar
TOPIC: Art. 2 of the Civil Code owing to the non-publication of the Habaluyas decision in the
Official Gazette as of the time the subject decision of the Court of
ISSUE: WON presidential decrees, letters of instructions, Appeals was promulgated. Contrary to petitioners' view, there is
general orders, proclamations, executive orders, letter of no law requiring the publication of Supreme Court decisions in
implementation and administrative orders must be published in the Official Gazette before they can be binding and as a
the Official Gazette or otherwise effectively promulgated to be condition to their becoming effective. It is the bounden duty of
valid and enforceable. counsel as lawyer in active law practice to keep abreast of
decisions of the Supreme Court particularly where issues have
RULING: YES. Article 2 of the Civil Code: Laws shall take effect been clarified, consistently reiterated, and published in the
after fifteen days following the completion of their publication in advance reports of Supreme Court decisions (G. R. s) and in
the Official Gazette, unless it is otherwise provided,The clear such publications as the Supreme Court Reports Annotated
object of the above-quoted provision is to give the general (SCRA) and law journals.
public adequate notice of the various laws which are to
regulate their actions and conduct as citizens. Without such
notice and publication, there would be no basis for the 3. People vs. Que Po Lay
application of the maxim "ignorantia legis non excusat." It
G.R. No. L-6791 March 29, 1954
would be the height of injustice to punish or otherwise
burden a citizen for the transgression of a law of which he TOPIC: Article 2- Publication
had no notice whatsoever, not even a constructive one. ISSUE: Whether or not Central Bank Circular No. 20, which
punishes those who fail to sell foreign exchange to the Central
2. De Roy vs. CA Bank through its agents within one day following the receipt of
G. R. No. 80718. January 29, 1988 such foreign exchange, require publication in order for it to be in
effect.
TOPIC: EFFECTIVITY OF LAWS (ART.2), PUBLICATION
REQUIREMENT; WHAT TO PUBLISH, IMPORTANCE OF RULING: YES. Article 2 of the new Civil Code (Republic Act No.
PUBLICATION 386) equally provides that laws shall take effect after fifteen days
following the completion of their publication in the Official
ISSUE:
Gazette, unless it is otherwise provided. It is true that Circular
Whether or not the rule in the Habaluyas case stating that the No. 20 of the Central Bank is not a statute or law but being
15-day period for appealing or filing a motion for reconsideration issued for the implementation of the law authorizing its issuance,
cannot be extended, could be applied to the case at bar. it has the force and effect of law according to settled
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jurisprudence. (See U.S. vs. Tupasi Molina, 29 Phil., 119 and civil code because she was not aware and was ignorant of her
authorities cited therein.) Moreover, as a rule, circulars and rights and course of action.
regulations especially like the Circular No. 20 of the Central Bank
in question which prescribes a penalty for its violation should be A recovery of damages under the labor code is a bar to a
published before becoming effective, this, on the general recovery under the civil code. An injured worker has a choice of
principle and theory that before the public is bound by its either to recover from the employer the fixed amounts set by the
contents, especially its penal provisions, a law, regulation or workmen's compensation act or to prosecute an ordinary civil
circular must first be published and the people officially and action against the tortfeasor for higher damages, but he cannot
specifically informed of said contents and its penalties. pursue both causes of action simultaneously. There are
exemptions. When a party having knowledge of the facts makes
4. Garcia vs. Recio an election between inconsistent remedies, the election is final
G.R. No. 138322. October 2, 2001 and bars any action, suit or proceeding inconsistent with the
selected remedy, in the absence of fraud by the other party. This
TOPIC: Ignorance of the law excuses no one. is to prevent a double redress for a single wrong, there is a
ISSUE: Whether or not the divorce decree raises a disputable waiver of election. There can only be waiver if there is knowledge
presumption as to his civil status? of facts and must be made intelligently and knowingly. In this
case, Maria was unaware of the petitioner's negligence when
RULING: We also reject the claim of respondent that the she filed her claim for death benefits. It was only after she
divorce decree raises a disputable presumption or presumptive received the police report and the prosecutor's memorandum
evidence as to his civil status based on Section 48, Rule 39 of dismissing the criminal complaint against petitioner's personnel
the Rules of Court, for the simple reason that no proof has been that she filed the civil case for damages. And also, taking into
presented on the legal effects of the divorce decree obtained consideration her educational attainment, she only reached
under Australian laws. elementary, she was not only ignorant of the facts but also
ignorant of her rights as well, not knowing that she could claim
5. D.M. Consunji Inc. VS. Court of Appeals
for damages and she could claim more from damages based
G.R. No. 137873. April 20, 2001 under the civil code. The lack of knowledge of a fact nullifies the
election between inconsistent remedies.
TOPIC: Waiver of Rights
6. EMETERIO CUI v. ARELLANO UNIVERSITY
ISSUE:: Whether or not Maria could still claim for damages G.R. No. L-15127 30 May 1961
under the Civil Code against D.M. Consunji despite of her TOPIC: WAIVER OF RIGHTS
previous claim made under the Labor Code?
ISSUE: Whether or not the provision of the contract entered into
RULING: Yes, Maria could still claim for damages under the between plaintiff Cui and defendant Arellano University on 10
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4C ATTY. MARCIANO G. DELSON
September 1951, whereby the former waived his right to transfer
to another school without refunding to the latter the equivalent of HELD :The Court finds respondent to have acted in gross
his scholarship in cash, is valid or not. ignorance of the law. The legal principles applicable in the cases
RULING: brought to our attention are elementary and uncomplicated,
prompting us to conclude that respondent's failure to apply them
The Supreme Court held in the negative. The SC stated: In the is due to a lack of comprehension of the law.
case of Zeigel vs. Illinois Trust and Savings Bank, the court said:
'In determining a public policy of the state, courts are limited to a 8. ZENAIDA S. BESO vs. Judge JUAN DAGUMAN, MCTC,
consideration of the Constitution, the judicial decisions, the Sta. Margarita-Tarangan-Pagsanjan, Samar, respondent
statutes, and the practice of government officers.' It might take A.M. No. MTJ-99-1211; January 28, 2000
more than a government bureau or office to lay down or
establish a public policy, as alleged in your communication, but TOPIC: Solemnization of Marriage outside the Judges
courts consider the practices of government officials as one of Chambers or Courtroom
the four factors in determining a public policy of the state. It has
been consistently held in America that under the principles
relating to the doctrine of public policy, as applied to the law of ISSUE:
contracts, courts of justice will not recognize or uphold a
Whether or not respondent Judge is liable for solemnizing the
transaction which its object, operation, or tendency is calculated
marriage outside of his courts jurisdiction
to be prejudicial to the public welfare, to sound morality or to
civic honesty. If Arellano University understood clearly the real RULING:
essence of scholarships and the motives which prompted this
office to issue Memorandum No. 38, s. 1949, it should have not No. A marriage can be held outside the judge's chambers or
entered into a contract of waiver with Cui on September 10, courtroom only in the following instances: 1.] at the point of
1951, which is a direct violation of our Memorandum and an death; 2.] in remote places in accordance with Article 29, or 3.]
open challenge to the authority of the Director of Private Schools upon the request of both parties in writing in a sworn statement
because the contract was repugnant to sound morality and civic to this effect. In this case, there is no pretense that either
honesty. complainant Beso or her fianc Yman was at the point of death
or in a remote place. Neither was there a sworn written request
7. Navarro vs. Judge Domagtoy made by the contracting parties to respondent Judge that the
A.M. No. MTJ-96-1088. July 19, 1996 marriage be solemnized outside his chambers or at a place other
TOPIC: Article 7- Repeal of Laws than his sala. What, in fact, appears on record is that respondent
Judge was prompted more by urgency to solemnize the marriage
ISSUE: Whether or not the act of respondent judge in of Beso and Yman because complainant was "an overseas
solemnizing the marriages were valid. worker, who, respondent realized deserved more than ordinary

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official attention under present Government policy." Respondent ACCORDINGLY, the judgment a quo is reversed, and Rafael
Judge further avers that in solemnizing the marriage in question, Licera is hereby acquitted.
"he believed in good faith that by doing so he was leaning on the
side of liberality of the law so that it may not be too expensive 10. People of the Philippines v. Jose Jabinal y Carmen
and complicated for citizens to get married." WHEREFORE, in
G.R. No. L-30061, February 27, 1974
view of all the foregoing, respondent Judge is hereby FINED
Five Thousand Pesos (P5,000.00) and STERNLY WARNED that TOPIC: Judicial Decisions form part of the law of the land
a repetition of the same or similar infractions will be dealt with (Art. 8)
more severely.
Doctrine of stare decisis
9. People of the Philippines v. Rafael Licera
G.R. No. L-39990, July 2, 1975 ISSUE: Whether appellant should be acquitted on the basis
TOPIC: Article 8 of the Civil Code: Judicial Decisions of the Supreme Court rulings in Macarandang1 and Lucero2, or
applying or interpreting the laws or the Constitution shall should his conviction stand in view of the complete reversal of
form a part of the legal system of the Philippines. the Macarandang and Lucero doctrine in Mapa3?

ISSUE: Whether or not People vs Macarandang or People vs RULING: The settled rule supported by numerous authorities
Mapa should be applied in the case at bar? is a restatement of legal maxim "legis interpretatio legis vim
obtinet" the interpretation placed upon the written law by a
RULING : At the time of Licera's designation as secret agent in
competent court has the force of law. The doctrine laid down in
1961 and at the time of his apprehension for possession of the
Lucero and Macarandang was part of the jurisprudence, hence
Winchester rifle without the requisite license or permit therefor in
of the law, of the land, at the time appellant was found in
1965, the Macarandang rule the Courts interpretation of
possession of the firearm in question and when he arraigned by
section 879 of the Revised Administrative Code - formed part of
the trial court. It is true that the doctrine was overruled in the
our jurisprudence and, hence, of this jurisdiction's legal
Mapa case in 1967, but when a doctrine of this Court is
system. Mapa revoked the Macarandang precedent only in 1967.
overruled and a different view is adopted, the new doctrine
Certainly, where a new doctrine abrogates an old rule, the new
should be applied prospectively, and should not apply to parties
doctrine should operate respectively only and should not
who had relied on the old doctrine and acted on the faith thereof.
adversely affect those favored by the old rule, especially those
This is especially true in the construction and application of
who relied thereon and acted on the faith thereof. This holds
more especially true in the application or interpretation of
statutes in the field of penal law, for, in this area, more than in 1106 Phil. (1959), 713.
any other, it is imperative that the punishability of an act be 2103 Phil. (1958), 500.
reasonably foreseen for the guidance of society. 3 L-22301, August 30, 1967, 20 SCRA 1164.

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4C ATTY. MARCIANO G. DELSON
criminal laws, where it is necessary that the punishability of an
act be reasonably foreseen for the guidance of society.
12. People vs Veneracion

11. CHU JAN vs. LUCIO BERNAS G.R. Nos. 119987-88 October 12, 1995

G.R. No. 10010 August 1, 1916 TOPIC: Duty of Judges (Article 9)

TOPIC: Article 9 Duty of Judges ISSUE: Whether or not the judge can impose penalty of
Reclusion Perpetua where the law clearly imposes the penalty of
ISSUE: Death.

Whether or not the judge is correct in dismissing the case RULING: No. As long as that penalty remains in the statute
on the ground that he is not familiar with the rules governing books, and as long as our criminal law provides for its imposition
cockfights and the duties of referees thereof; that he does not in certain cases, it is the duty of judicial officers to respect and
know where to find the law on the subject and, finally, that he apply the law regardless of their private opinions. It is a well
knows of no law whatever that governs the rights to the plaintiff settled rule that the courts are not concerned with the wisdom,
and the defendant in questions concerning cockfights. efficacy or morality of laws. The Rules of Court mandates that
after an adjudication of guilt, the judge should impose the proper
penalty and civil liability provided for by the law on the accused
RULING:
regardless of the trial judges misgivings in imposing the death
sentence because of his religious convictions.
The court ruled that the ignorance of the court or his lack of
knowledge regarding the law applicable to a case submitted to
him for decision or the fact that the court does not know the
rules applicable to a certain matter that is the subject of an 13. S. D. MARTINEZ and his wife, CARMEN ONG DE
appeal which must be decided by him and his not knowing where MARTINEZ, plaintiffs-appellees,
to find the law relative to the case, are not reasons that can
serve to excuse the court for terminating the proceedings by 14. vs. WILLIAM VAN BUSKIRK
dismissing them without deciding the issues. Such an excuse is
the less acceptable because, foreseeing that a case might arise G.R. No. L-5691 December 27, 1910
to which no law would be exactly applicable, the Civil Code, in
the second paragraph of article 6, provides that the customs of TOPICS: Article 11 Customs which are contrary to law,
the place shall be observed, and, in the absence thereof, the public order or policy shall not be countenanced.
general principles of law.
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Article 12 A custom must be proved as a fact, according to
the rules of evidence.
ISSUE: WON the marriage of Yao Kee and Sy Kiat is valid in
ISSUE: accordance with Philippine laws
Whether or not the cochero of the defendant was negligent in
leaving the horses in the manner described by the evidence in RULING: No. The Supreme Court has held that to establish a
this case, either under Spanish or American jurisprudence? valid foreign marriage two things must be proven, namely: (1) the
existence of the foreign law as a question of fact; and (2) the
RULING: alleged foreign marriage by convincing evidence. In the case at
There was presented in this case, and by the plaintiffs bar petitioners did not present any competent evidence relative
themselves, not only the fact of the runway and the accident to the law and custom of China on marriage. The testimonies of
resulting therefrom, but also the conditions under which the Yao and Gan Ching cannot be considered as proof of China's
runaway occurred. Those conditions showing of themselves that law or custom on marriage not only because they are self-
the defendant's cochero was not negligent in the management of serving evidence, but more importantly, there is no showing that
the horse. It is a matter of common knowledge as well as proof they are competent to testify on the subject matter. For failure to
that it is the universal practice of merchants to deliver prove the foreign law or custom, and consequently, the validity of
merchandise of the kind of that being delivered at the time of the the marriage in accordance with said law or custom, the
injury, in the manner in which that was then being delivered; and marriage between Yao Kee and Sy Kiat cannot be recognized in
that it is the universal practice to leave the horses in the manner this jurisdiction.
in which they were left at the time of the accident. This is the
custom in all cities. It has not been productive of accidents or Well-established in this jurisdiction is the principle that Philippine
injuries. The public, finding itself unprejudiced by such practice, courts cannot take judicial notice of foreign laws. They must be
has acquiesced for years without objection. Ought the public alleged and proved as any other fact. Accordingly, in the
now, through the courts, without prior objection or notice, to be absence of proof of the Chinese law on marriage, it should be
permitted to reverse the practice of decades and thereby make presumed that it is the same as ours.
culpable and guilty one who had every reason and assurance to
believe that he was acting under the sanction of the strongest of 15. GRACE J. GARCIA, a.k.a. GRACE J. GARCIA-RECIO,
all civil forces, the custom of a people? We think not. Judgment petitioner, vs. REDERICK A. RECIO, respondent.
reversed. G.R. No. 138322. October 2, 2001

14. YAO KEE vs SY-GONZALES TOPIC: Ignorance of Law excuses no one (Art. 3)
G.R. No. L-55960. November 24, 1988 ISSUE:

TOPIC: CUSTOMS (Art 11-12)


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WON the maxim of Ignorantia Legis Non Excusat (Art.3 of the sunset. A calendar month is a month designated in the
New Civil Code) applies to Foreign laws; calendar without regard to the number of days it may contain. It
is the period of time running from the beginning of a certain
RULING: numbered day up to, but not including, the corresponding
numbered day of the next month, and if there is not a sufficient
The SC held that it is well-settled in our jurisdiction that our number of days in the next month, then up to and including the
courts cannot take judicial notice of foreign laws. Like any other last day of that month. To illustrate, one calendar month from
facts, they must be alleged and proved. Australian marital laws December 31, 2007 will be from January 1, 2008 to January 31,
are not among those matters that judges are supposed to know 2008; one calendar month from January 31, 2008 will be from
by reason of their judicial function. The power of judicial notice February 1, 2008 until February 29, 2008. There obviously exists
must be exercised with caution, and every reasonable doubt a manifest incompatibility in the manner of computing legal
upon the subject should be resolved in the negative. periods under the Civil Code and the Administrative Code of
1987. For this reason, we hold that Section 31, Chapter VIII,
16. CIR vs. Primetown Book I of the Administrative Code of 1987, being the more recent
G.R. No. 162155, August 28, 2007 law, governs the computation of legal periods. We therefore
TOPIC: Computation of Period and Time (Article 13) hold that respondent's petition (filed on April 14, 2000) was filed
on the last day of the 24th calendar month from the day
ISSUE: Whether or not respondents petition was filed within respondent filed its final adjusted return. Hence, it was filed
the 2-year prescriptive period, given that there is a leap year within the reglementary period.
(366 days in a year)
17. Miciano vs. Brimo
RULING: G.R. No. L-22595; November 1. 1927
TOPICS: (Art. 15-17) Nationality Principle
YES.
ISSUES:
Article 13 of the Civil Code provides that when the law speaks of 1. Whether or not, in applying Art. 10 of the Civil Code,
a year, it is understood to be equivalent to 365 days. However, in foreign laws need to be proven.
1987, EO 292 or the Administrative Code of 1987 was enacted.
Section 31, Chapter VIII, Book I thereof provides: Sec. 31. 2. Whether or not a Turkish citizen may validly provide in his
Legal Periods. Year shall be understood to be twelve will that his properties be distributed according to
calendar months; month of thirty days, unless it refers to a Philippine Laws.
specific calendar month in which case it shall be computed RULING:
according to the number of days the specific month contains; 1. The Supreme Court held that ...the fact is that the
day, to a day of twenty-four hours and; night from sunrise to oppositor did not prove that said testamentary dispositions
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are not in accordance with the Turkish laws, inasmuch as Petitioner should not be obliged to live together with,
he did not present any evidence showing what the Turkish observe respect and fidelity, and render support to private
laws are on the matter, and in the absence of evidence on respondent. The latter should not continue to be one of her
such laws, they are presumed to be the same as those of heirs with possible rights to conjugal property. She should
the Philippines.... There is, therefore, no evidence in the not be discriminated against in her own country if the ends
record that the national law of the testator Joseph G. of justice are to be served.
Brimo was violated in the testamentary dispositions in
question which, not being contrary to our laws in force, 19. IMELDA MANALAYSAY PILAPIL, petitioner, vs.HON.
must be complied with and executed. CORONA IBAY-SOMERA
G.R. No. 80116 June 30, 1989
2. The SC ruled in the negative providing that said condition TOPIC: Nationality Principle
is contrary to law because it expressly ignores the
testator's national law when, according to article 10 of the ISSUE:
civil Code above quoted, such national law of the testator Whether or not a person, who obtained a valid divorce abroad,
is the one to govern his testamentary dispositions. Said may file a criminal case of adultery against a former spouse in
condition then, in the light of the legal provisions above the Philippines.
cited, is considered unwritten...
RULING:
[N.B. The old civil code was still in effect when this decision was
NO. Under Article 344 of the Revised Penal Code, the crime of
promulgated. The provision in Art. 10 can now be found in Art.
adultery, as well as four other crimes against chastity, cannot be
16 of the New Civil Code.]
prosecuted except upon a sworn written complaint filed by
the offended spouse. In these cases, therefore, it is
18. Van Dorn vs Romillo
indispensable that the status and capacity of the complainant to
G.R. No. L-68470; October 8, 1985
commence the action be definitely established and, as already
TOPIC: Nationality Rule
demonstrated, such status or capacity must indubitably exist as
ISSUE:
of the time he initiates the action. American jurisprudence, on
Whether or not the divorce decree obtained by Petitioner-
cases involving statutes in that jurisdiction which are in pari
Filipino and Respondent-Alien in Nevada affects the status
materia with ours, yields the rule that after a divorce has been
of Petitioner-Filipino
decreed, the innocent spouse no longer has the right to institute
RULING:
proceedings against the offenders where the statute provides
Yes. To maintain, as private respondent does, that, under
that the innocent spouse shall have the exclusive right to institute
our laws, petitioner has to be considered still married to
a prosecution for adultery. Where, however, proceedings have
private respondent and still subject to a wife's obligations
been properly commenced, a divorce subsequently granted can
under Article 109, et. seq. of the Civil Code cannot be just.
have no legal effect on the prosecution of the criminal
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proceedings to a conclusion. We see no reason why the same clearly indicates a purpose to circumvent the laws of the
doctrinal rule should not apply in this case and in our jurisdiction, Philippine Islands regarding divorce and to secure for
considering our statutory law and jural policy on the matter. In themselves a change of status for reasons and under conditions
the present case, the fact that private respondent obtained a not authorized by our law. At all times the matrimonial domicile of
valid divorce in his country, the Federal Republic of Germany, is this couple has been within the Philippine Islands and the
admitted. Said divorce and its legal effects may be recognized in residence acquired in the State of Nevada by the husband of the
the Philippines insofar as private respondent is concerned in purpose of securing a divorce was not a bona fide residence and
view of the nationality principle in our civil law on the matter of did not confer jurisdiction upon the Court of that State to dissolve
status of persons. It is true that owing to the nationality principle the bonds if matrimony in which he had entered in 1919.
embodied in Article 15 of the Civil Code, only Philippine nationals Litigants by mutual agreement can not compel the courts to
are covered by the policy against absolute divorces the same approve of their own actions or permit the personal relations of
being considered contrary to our concept of public policy and the citizens of these Islands to be affected by decrees of foreign
morality. However, aliens may obtain divorces abroad, which courts in a manner which our Government believes is contrary to
may be recognized in the Philippines, provided they are valid public order and good morals.
according to their national law. ( Van Dorn v. Romillo, Jr. 139
SCRA 139, 140). Under the same considerations and rationale,
private respondent, being no longer the husband of petitioner, 21. The Government of the Philippines Islands vs George I.
had no legal standing to commence the adultery case under the Frank
imposture that he was the offended spouse at the time he filed
G.R. No. 2935. March 23, 1909
suit.
20. Barretto vs. Gonzales TOPIC: Nationality Principle

G.R. No. L-37048. March 7, 1933 ISSUE: WON a contract entered into by a US citizen, when he
was considered as an adult in his country (USA) yet a minor in
TOPIC: Nationality Principle the Philippines, at which time that he entered into the contract, is
valid and enforceable under the Philippine laws.
ISSUE: Whether or not any foreign divorce, relating to Filipino
citizens will be recognized in this jurisdiction, except it be for a RULING:
cause, and under conditions for which the courts of Philippine
Islands would grant a divorce. Mr. Frank being fully qualified to enter into a contract at
the place and time the contract was made, he cannot therefore
RULING: The entire conduct of the parties from the time of their plead infancy as a defense at the place where the contract is
separation until the case was submitted to this court, in which being enforced. Although Mr. Frank was still a minor under
they all prayed that the Reno divorce be ratified and confirmed, Philippine laws, he was nevertheless considered an adult under

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the laws of the state of Illinois,the place where the contract was endeavor to apply to the tribunales of the state which have
made. No rule is better settled in law than that matters bearing coercive means (property situated in the territory) to enforce any
upon the execution, interpretation and validity of a contract are decision they may render. Otherwise, one would expose himself
determined by the law of the place where the contract is made. in the suit to making useless expenditures which, although he
Matters connected to its performance are regulated by the law won his case, would not contribute to secure his rights because
prevailing at the place of its performance. Matters respecting a of the court's lack of means to enforce them." (Torres Campos,
remedy, such as bringing of a suit, admissibility of evidence, and "Elementos de Derecho International Privado," p. 108.) "Justice,"
statutes of limitations, depend upon the law of the place where says the same professor, "is a principle superior to that of
the suit is brought. nations, and it should therefore be administered without taking
into any account whatsoever the state to which the litigants
belong. . . . In order to foster their relations and develop their
commerce, all civilized nations are interested in doing justice, not
22. Barnuevo vs. Fuster, 29 Phil 606
alone to their own people, but to those foreigners who contract
G.R. No. L-7487 December 29, 1913 within the country or outside of it juridical ties which in some
manner effect their sovereignty. (Ibid, p. 107.) Might its courts, in
TOPIC: Renvoi Doctrine some cases, in suits between foreigners residing in its territory,
apply the personal law of the parties, but abdicate their
ISSUE: jurisdiction, refrain from administering justice because the
Whether the courts of the Philippines are competent or have personal law of the foreigner gave the jurisdiction of the given
jurisdiction to decree the divorce now on appeal. case to some court that is not the territorial one of the nation?
This has never yet been claimed in any of the theories regarding
RULING: the conflict of laws arising out of questions of nationality and
The authority of jurisdictional power of courts to domicile; it would be equivalent to recognizing extraterritorial law
decree a divorce is not comprised within the personal status of in favor of private persons. The provisions of article 80 of the
the husband and wife, simply because the whole theory of the Civil Law of Spain is only binding within the dominions of Spain.
statutes and of the rights which belong to everyone does not go It does not accompany the persons of the Spanish subject
beyond the sphere of private law, and the authority and wherever he may go. He could not successfully invoke it if he
jurisdiction of the courts are not a matter of the private law of resided in Japan, in China, in Hongkong or in any other territory
persons, but of the public or political law of the nation. "The not subject to the dominion of Spain. Foreign Catholics domiciled
jurisdiction of courts and other questions relating to procedure in Spain, subject to the ecclesiastical courts in actions for divorce
are considered to be of a public nature and consequently are according to the said article 80 of the Civil Code, could not allege
generally submitted to the territorial principle. . . . All persons that lack of jurisdiction by invoking, as the law of their personal
have to demand justice in a case in which foreigners intervene, statute, a law of their nation which gives jurisdiction in such a
since they can gain nothing by a simple declaration, should

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case to territorial courts, or to a certain court within or without the Aznar v. Christensen Garcia, L-16749, January 31, 1963. Said
territory of their nation. doctrine is usually pertinent where the decedent is a national of
one country, and a domicile of another. In the present case, it is
23. Testate Estate of Bohanan vs. Bohanan, et al. not disputed that the decedent was both a national of Texas and
G.R. No. L-12105, January 30, 1960 a domicile thereof at the time of his death.2 So that even
assuming Texas has a conflict of law rule providing that the
TOPIC: Article 16 domiciliary system (law of the domicile) should govern, the same
would not result in a reference back (renvoi) to Philippine law,
ISSUE: but would still refer to Texas law. Nonetheless, if Texas has a
WON the failure of the testator, C.O. Bohanan, to give his conflicts rule adopting the situs theory (lex rei sitae) calling for
children two-thirds of the estate in accordance with the laws of the application of the law of the place where the properties are
the forum valid. situated, renvoi would arise, since the properties here involved
are found in the Philippines. In the absence, however, of proof as
RULING: to the conflict of law rule of Texas, it should not be presumed
Yes. The old Civil Code, which is applicable to this case because different from ours.3 Appellants' position is therefore not rested
the testator died in 1944, expressly provides that successional on the doctrine of renvoi. As stated, they never invoked nor even
rights to personal property are to be earned by the national law mentioned it in their arguments. Rather, they argue that their
of the person whose succession is in question. In the case falls under the circumstances mentioned in the third
proceedings for the probate of the will, it was found out and it paragraph of Article 17 in relation to Article 16 of the Civil Code.
was decided that the testator was a citizen of the State of
Nevada because he had selected this as his domicile and his 25. Aznar vs. Garcia
permanent residence. The validity of testamentary dispositions, G.R. No. L-16749
therefore, is to be governed by the national law of the testator, January 31, 1963
which allows a testator to dispose of all his property according to
his will. In short, his failure to allot two-thirds of the estate to his TOPIC: Renvoi Doctrine
children is valid.
ISSUE: WHETHER THE INTRINSIC VALIDITY OF THE
24. Bellis vs. Bellis TESTAMENTARY DISPOSITION OF THE DISTRIBUTION OF
G.R. No. L-23678. June 6, 1967 THE ESTATE OF THE DECEASED EDWARD E.
TOPIC: Renvoi Doctrine CHRISTENSEN SHOULD BE GOVERNED BY THE LAWS OF
ISSUE: WON the illegitimate children can claim that they have THE PHILIPPINES UNDER THE RENVOI DOCTRINE.
been deprived of their legitimes
HELD: In this regard, the parties do not submit the case on, nor RULING:
even discuss, the doctrine of renvoi, applied by this Court in
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The Court finds that as the domicile of the deceased must still be determined by our courts.23 Before our courts can
Christensen, a citizen of California, is the Philippines, the validity give the effect of res judicata to a foreign judgment, such as the
of the provisions of his will depriving his acknowledged natural award of custody to petitioner by the German court, it must be
child, the appellant, should be governed by the Philippine Law, shown that the parties opposed to the judgment had been given
the domicile, pursuant to Art. 946 of the Civil Code of California, ample opportunity to do so on grounds allowed under Rule 39,
not by the internal law of California. Art. 946 of the Civil Code of Section 50 of the Rules of Court. In sum, we find that respondent
California provides that if there is no law to the contrary, in the judge may proceed to determine the issue regarding the custody
place where personal property is situated, it is deemed to follow of the two children born of the union between petitioner and
the person of its owner, and is governed by the law of his private respondent.
domicile. This is with reference to Art. 16 of the Civil Code of the
Philippines which provides that real property as well as personal 27. Garcia vs. Recio
property is subject to the law of the country where it is G.R. No. 138322. October 2, 2001
situated. However, intestate and testamentary successions, both TOPIC:
with respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary ISSUE: WON Recio had capacity to marry and absolve him from
provisions, shall be regulated by the national law of the person bigamy
whose succession is under consideration, whatever may be the
nature of the property and regardless of the country where said HELD: No. The nullity of the marriage between Recio and
property may be found. Samson is proven through the divorce decree since Recio is a
naturalized Australian citizen. However, such decree is not
26. Wolfgang O. Roehr v. Maria Carmen D. Rodriguez sufficient to prove his capacity to marry Garcia as the same had
G.R. No. 142820; June 20, 2003 not been authenticated by the consulate or embassy of the
TOPIC: Nationality Principle country where it will be used. Sections 24 and 25 of Rule 132
applies in this case.
ISSUE:
Whether or not respondent judge gravely abused her discretion 28. Development Bank of the Phils. vs. CA
when she assumed and retained jurisdiction over the present G.R. No. L-109937. March 21, 1994
case despite the fact that petitioner has already obtained a TOPIC: Human Relations
divorce decree from a German court.
ISSUE: WON Art. 19 of the NCC should be applied
RULING:
As a general rule, divorce decrees obtained by foreigners in RULING:
other countries are recognizable in our jurisdiction, but the legal If the third person dealing with an agent is unaware of the limits
effects thereof, e.g. on custody, care and support of the children, of the authority conferred by the principal on the agent and he

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(third person) has been deceived by the non-disclosure thereof (1) Petitioners were held liable for damages not only for
by the agent, then the latter is liable for damages to him (V instituting a groundless complaint against respondent but
Tolentino, Commentaries and Jurisprudence on the Civil Code of also for making a slanderous remark and for taking the
the Philippines, p. 422 [1992], citing Sentencia [Cuba] of motorcycle from respondents establishment in an abusive
September 25, 1907). The rule that the agent is liable when he manner.
acts without authority is founded upon the supposition that there
has been some wrong or omission on his part either in (2) Petitioners are clearly mistaken. True, a mortgagee may
misrepresenting, or in affirming, or concealing the authority take steps to recover the mortgaged property to enable it
under which he assumes to act (Francisco, V., Agency 307 to enforce or protect its foreclosure right thereon. There is,
[1952], citing Hall v. Lauderdale, 46 N.Y. 70, 75). Inasmuch as however, a well-defined procedure for the recovery of
the non-disclosure of the limits of the agency carries with it the possession of mortgaged property: if a mortgagee is
implication that a deception was perpetrated on the unsuspecting unable to obtain possession of a mortgaged property for
client, the provisions of Articles 19, 20 and 21 of the Civil Code its sale on foreclosure, he must bring a civil action either
of the Philippines come into play. to recover such possession as a preliminary step to the
sale, or to obtain judicial foreclosure. Petitioner
29. Uypitching vs. Quiamco corporation failed to bring the proper civil action
G.R. No.146322; December 6, 2006 necessary to acquire legal possession of the motorcycle.
TOPIC: Doctrine of Abuse of Right Instead, petitioner Uypitching descended on respondents
establishment with his policemen and ordered the seizure
ISSUES: of the motorcycle without a search warrant or court order.
(1) Whether or not the filing of a complaint for qualified theft Worse, in the course of the illegal seizure of the
and/or violation of the Anti-Fencing Law in the Office of motorcycle, petitioner Uypitching even mouthed a
the City Prosecutor warranted the award of moral slanderous statement. No doubt, petitioner corporation,
damages, exemplary damages, attorneys fees and costs acting through its co-petitioner Uypitching, blatantly
in favor of respondent. disregarded the lawful procedure for the enforcement of
its right, to the prejudice of respondent. Petitioners acts
(2) Whether or not petitioners claim that they should not be violated the law as well as public morals, and
held liable for petitioner corporations exercise of its right transgressed the proper norms of human relations. The
as seller-mortgagee to recover the mortgaged vehicle basic principle of human relations, embodied in Article 19
preliminary to the enforcement of its right to foreclose on of the Civil Code, provides: Art. 19. Every person must in
the mortgage in case of default is correct. the exercise of his rights and in the performance of his
duties, act with justice, give every one his due, and
RULING: observe honesty and good faith. Article 19, also known as
the "principle of abuse of right," prescribes that a person
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should not use his right unjustly or contrary to honesty have to postpone wedding My mother opposes it ... " He
and good faith, otherwise he opens himself to liability.19 It enplaned to his home city in Mindanao, and the next day, the
seeks to preclude the use of, or the tendency to use, a day before the wedding, he wired plaintiff: "Nothing changed rest
legal right (or duty) as a means to unjust ends. There is assured returning soon." But he never returned and was never
an abuse of right when it is exercised solely to prejudice heard from again.
or injure another.20 The exercise of a right must be in
accordance with the purpose for which it was established 31. Nikko Hotel Manila Garden, et al. vs. Reyes
and must not be excessive or unduly harsh; there must be
G.R. No. 154259, Feb. 28, 2005
no intention to harm another.21 Otherwise, liability for
damages to the injured party will attach. TOPIC: Art. 19 Human Relations

30. WASSMER VS. VELEZ ISSUE: Whether or not the act of the Hotel is an embarrassing
G.R. No. L-20089 December 26, 1964 act within the purview of Article 19 of the new Civil Code.
TOPIC: BREACH OF PROMISE TO MARRY
ISSUE: WON BREACH OF PROMISE TO MARRY IS AN RULING: The Court ruled in the affirmative. The doctrine of
ACTIONABLE WRONG. volenti non fit injuria ("to which a person assents is not esteemed
in law as injury" ) refers to self-inflicted injury or to the consent to
RULING: No. Mere breach of promise to marry is not an injury which precludes the recovery of damages by one who has
actionable wrong. But to formally set a wedding and go through knowingly and voluntarily exposed himself to danger, even if he
all the preparation and publicity, only to walk out of it when the is not negligent in doing so. As formulated by petitioners,
matrimony is about to be solemnized, is quite different. This is however, this doctrine does not find application to the case at bar
palpably and unjustifiably contrary to good customs for which because even if respondent Reyes assumed the risk of being
defendant must be held answerable in damages in accordance asked to leave the party, petitioners, under Articles 19 and 21 of
with Article 21. The record reveals that on August 23, 1954 the New Civil Code, were still under obligation to treat him fairly
plaintiff and defendant applied for a license to contract marriage, in order not to expose him to unnecessary ridicule and shame.
which was subsequently issued. Their wedding was set for
September 4, 1954. Invitations were printed and distributed to 32. GASHEM SHOOKAT BAKSH, petitioner, vs. HON. COURT
relatives, friends and acquaintances. The bride-to-be's OF APPEALS and MARILOU T. GONZALES, respondents..
trousseau, party drsrses and other apparel for the important G.R. No. 97336 February 19, 1993
occasion were purchased. Dresses for the maid of honor and the TOPIC: Breach of Promise to Marry (Art. 19-21, NCC)
flower girl were prepared. A matrimonial bed, with accessories,
was bought. Bridal showers were given and gifts received . And
then, with but two days before the wedding, defendant, who was ISSUE: Whether or not damages may be recovered for a
then 28 years old,: simply left a note for plaintiff stating: "Will breach of promise to marry on the basis of Article 21 of the
Civil Code of the Philippines.
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who was allowed free access because he was a collateral
RULING: In the light of the above laudable purpose of Article 21, relative and was considered as a member of her family, the two
We are of the opinion, and so hold, that where a man's promise eventually fell in love with each other and conducted clandestine
to marry is in fact the proximate cause of the acceptance of his love affairs not only in Gasan but also in Boac where Lolita used
love by a woman and his representation to fulfill that promise to teach in a barrio school. When the rumors about their illicit
thereafter becomes the proximate cause of the giving of herself affairs reached the knowledge of her parents, defendant was
unto him in a sexual congress, proof that he had, in reality, no forbidden from going to their house and even from seeing Lolita.
intention of marrying her and that the promise was only a subtle Plaintiffs even filed deportation proceedings against defendant
scheme or deceptive device to entice or inveigle her to accept who is a Chinese national. Nevertheless, defendant continued
him and to obtain her consent to the sexual act, could justify the his love affairs with Lolita until she disappeared from the parental
award of damages pursuant to Article 21 not because of such home. Indeed, no other conclusion can be drawn from this chain
promise to marry but because of the fraud and deceit behind it of events than that defendant not only deliberately, but through a
and the willful injury to her honor and reputation which followed clever strategy, succeeded in winning the affection and love of
thereafter. It is essential, however, that such injury should have Lolita to the extent of having illicit relations with her. The wrong
been committed in a manner contrary to morals, good customs he has caused her and her family is indeed immeasurable
or public policy. considering the fact that he is a married man. Verily, he has
committed an injury to Lolita's family in a manner contrary to
morals, good customs and public policy as contemplated in
33. Cecilio Pe et al. vs. Alfonso Pe Article 21 of the new Civil Code.
G.R. No. L-17396; May 30, 1962
34. Spouses Quisumbing vs. MERALCO
TOPIC: Human Relations (Art. 19-21)
G.R. No. 142943. April 3, 2002.
TOPIC: Human Relations, Art 19-21
ISSUE:
whether or not defendant Alfonso Pe is liable to pay damages to
ISSUE: Whether or not MERALCO observed the requisites of
plaintiff under Article 21 of the New Civil Code
law when it disconnected the electrical supply of petitioners.
RULING:
RULING:
Yes. The circumstances under which defendant tried to win The Supreme Court ruled that the immediate disconnection of
Lolita's affection cannot lead, to any other conclusion than that it electrical service was not validly effected because of
was he who, thru an ingenious scheme or trickery, seduced the respondents noncompliance with the relevant provisions of RA
latter to the extent of making her fall in love with him. This is 7832, the Anti-Electricity and Electric Transmission
shown by the fact that defendant frequented the house of Lolita Lines/Materials Pilferage Act of 1994.The presence of
on the pretext that he wanted her to teach him how to pray the government agents who may authorize immediate
rosary. Because of the frequency of his visits to the latter's family disconnections go into the essence of due process. Indeed, we
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cannot allow respondent to act virtually as prosecutor and judge 1980, 100 SCRA 197; See also Gilchrist v. Cuddy 29 Phil, 542
in imposing the penalty of disconnection due to alleged meter (1915); The Board of Liquidators v. Kalaw, G.R. No. L-18805,
tampering. That would not sit well in a democratic country. After August 14, 1967, 20 SCRA 987]. This principle finds no
all, Meralco is a monopoly that derives its power from the application in this case. It bears repeating that even granting that
government. Clothing it with unilateral authority to disconnect petitioners might have had the right to dismiss Tobias from work,
would be equivalent to giving it a license to tyrannize its hapless the abusive manner in which that right was exercised amounted
customers. to a legal wrong for which petitioners must now be held liable.
Moreover, the damage incurred by Tobias was not only in
connection with the abusive manner in which he was dismissed
35. GLOBE MACKAY CABLE AND RADIO CORP., and but was also the result of several other quasi-delictual acts
HERBERT C. HENDRY, petitioners, vs. THE committed by petitioners.
HONORABLE COURT OF APPEALS and RESTITUTO M.
TOBIAS, respondents.
36. University of the East vs. Jader
G.R. No. 81262 August 25, 1989
G.R. No. 132344, Feb 7, 2000
TOPIC: Human Relations (Arts 19-21) TOPIC: Human Relations

ISSUE: Whether or not an educational institution be held liable


ISSUE: WON petitioners are liable for damages to private for damages for misleading a student into believing that the latter
respondent for their alleged unlawful, malicious, oppressive, and had satisfied all the requirements for graduation when such is
abusive acts. not the case.
RULING: The Supreme Court held that UE is liable for damages.
RULING: It is the contractual obligation of the school to timely inform and
furnish sufficient notice and information to each and every
The SC held that the petitioners are liable. Petitioners contend student as to where he or she had already complied with the
that they could not be made liable for damages in the lawful entire requirement for the conferment of a degree or whether
exercise of their right to dismiss private respondent. On the other they should be included among those who will graduate. The
hand, private respondent contends that because of petitioners' school cannot be said to have acted in good faith. Absence of
abusive manner in dismissing him as well as for the inhuman good faith must be sufficiently established for a successful
treatment he got from them, the Petitioners must indemnify him prosecution by the aggrieved party in suit for abuse of right
for the damage that he had suffered. According to the principle of under Article 19 of the Civil Code.
damnum absque injuria, damage or loss which does not
constitute a violation of a legal right or amount to a legal wrong is 37. VILLALVA VS. RCBC SAVINGS BANK
not actionable [Escano v. CA, G.R. No. L-47207, September 25, G.R. No. 165661 August 28, 2006
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TOPIC: UNJUST ENRICHMENT (ACCION IN REM VERSO) ISSUE: Whether or not the parents of Vicenta Escano alienated
the affections of their daughter and influenced her conduct
ISSUE: WON respondents payment of the insurance premiums toward her husband Pastor Techavez thus entitling the latter for
on behalf of the petitioners unjustly enriched the latter. damages.
RULING: The Supreme Court ruled in the negative. Respondent
adverts to the provisions on quasi-contractual obligations in the RULING: NO. Vicentas parents certainly cannot be charged with
New Civil Code. Enrichment consists of every patrimonial, alienation of affections in the absence of malice or unworthy
physical or moral advantage, so long as it is appreciable in motives, which have not been shown, good faith being always
money. It may also take the form of avoidance of expenses and presumed until the contrary is proved. There is no evidence that
other indispensable reductions in the patrimony of a person. It the parents of Vicenta, out of improper motives, aided and
may also include the prevention of a loss or injury. In the case at abetted her original suit for annulment, or her subsequent
bar, petitioner spouses were not enriched when respondent divorce.Vicenta appears to have acted independently, and being
obtained insurance coverage for the mortgaged vehicle as the of age, she was entitled to judge what was best for her and ask
petitioner spouses had already obtained the required insurance that her decisions be respected.
coverage for the vehicle from August 14, 1996 to August 14,
1997. Also, respondent failed to demand that petitioners comply
with their obligation to secure insurance coverage for the 39. ST. LOUIS REALTY CORPORATION, petitioner, vs.COURT
mortgaged vehicle. Following settled jurisprudence, we rule that OF APPEALS and CONRADO J. ARAMIL, respondents.
the petitioners had not defaulted on their obligation to insure the G.R. No. L-46061 November 14, 1984
mortgaged vehicle and the condition sine qua non for respondent
to exercise its right to pay the insurance premiums over the TOPIC: Respect for Privacy (Art. 26, NCC)
subject vehicle has not been established.
ISSUE: Whether or not a wrongful advertisement in
the Sunday Times where petitioner misrepresented that the
38. PASTOR B. TENCHAVEZ vs. VICENTA F. ESCAO, ET house of Doctor Conrado J. Aramil belonged to Arcadio S.
AL., Arcadio, may fall under the protection of Art. 26 of the
NCC.
G.R. No. L-19671. November 29, 1965
TOPIC: Respect for Others Privacy, Personality, Etc. (Art.
RULING: The damages fixed by Judge Leuterio are sanctioned
26)
by Articles 2200, 2208 and 2219 of the Civil Code. Article 2219
allows moral damages for acts and actions mentioned in Article
26. As lengthily explained by Justice Gatmaitan, the acts and
omissions of the petitioner firm fan under Article 26. St. Louis
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Realty's employee was grossly negligent in mixing up the Aramil therein, and the cognizance of which pertains to another tribunal.
and Arcadio residences in a widely circulated publication like The prejudicial question must be determinative of the case
the Sunday Times. To suit its purpose, it never made any written before the court but the jurisdiction to try and resolve the
apology and explanation of the mix-up. It just contented itself question must be lodged in another court or tribunal. [18] It is a
with a cavalier "rectification ".Persons, who know the residence question based on a fact distinct and separate from the crime but
of Doctor Aramil, were confused by the distorted, lingering so intimately connected with it that it determines the guilt or
impression that he was renting his residence from Arcadio or that innocence of the accused, and for it to suspend the criminal
Arcadio had leased it from him. Either way, his private life was action, it must appear not only that said case involves facts
mistakenly and unnecessarily exposed. He suffered diminution of intimately related to those upon which the criminal prosecution
income and mental anguish. WHEREFORE, the judgment of the would be based but also that in the resolution of the issue or
Appellate Court is affirmed. Costs against the petitioner. issues raised in the civil case, the guilt or innocence of the
accused would necessarily be determined.[19] It comes into play
generally in a situation where a civil action and a criminal action
40. ALFREDO CHING, petitioner, vs. HON. COURT OF are both pending and there exists in the former an issue which
APPEALS, HON. ZOSIMO Z. ANGELES, RTC - BR. 58, must be preemptively resolved before the criminal action may
MAKATI, METRO MANILA, PEOPLE OF THE PHILIPPINES proceed, because howsoever the issue raised in the civil action
AND ALLIED BANKING CORPORATION, respondents. is resolved would be determinative juris et de jure of the guilt or
G.R. No. 110844. April 27, 2000 innocence of the accused in the criminal case.[20] More simply,
for the court to appreciate the pendency of a prejudicial question,
TOPICS:
the law,[21] in no uncertain terms, requires the concurrence of two
Prejudicial Question (Art. 36) essential requisites, to wit:
1. General Rule: Criminal Case takes precedence a) The civil action involves an issue similar or intimately related
2. Exception: Sec. 1, Rule 111, Rules of Court to the issue raised in the criminal action; and
3. Application to civil, criminal, administrative cases b) The resolution of such issue determines whether or not the
criminal action may proceed

ISSUE: WON the pendency of the civil action for damages


warrants the suspension of the criminal proceeding?

RULING: 41. Te vs. CA


As defined, a prejudicial question is one that arises in a case the G.R. No. 126746. November 29, 2000
resolution of which is a logical antecedent of the issue involved TOPIC: Prejudicial questions

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ISSUES: a. whether the C.A. COMMITTED A SERIOUS ERROR
IN REFUSING TO SUSPEND
42. Vincent Mercado v. Consuelo Tan
THE LEGAL [CRIMINAL AND ADMINISTRATIVE]
PROCEEDINGS DESPITE THE PENDENCY G.R. No. 137110, August 1, 2000
OF THE CIVIL CASE FOR DECLARATION OF NULLITY OF
TOPIC: Article 36 of the Civil Code on Prejudicial Question
MARRIAGE.
B. Whether the pendency of a civil/criminal case should bar ISSUE:: Whether or not there is a prejudicial question in the
the proceedings in an instant case given the fact that the first marriage is null and void?
administrative case involving the same facts. RULING: The SC said that there is no prejudicial question in this
case. It is now settled that the fact that the first marriage is void
from the beginning is not a defense in a bigamy charge. As with
RULING:
a voidable marriage, there must be a judicial declaration of the
A. The outcome of the civil case for annulment of petitioners nullity of a marriage before contracting the
marriage to private respondent had no bearing upon the second marriage. Article 40 of the Family Code states that x x
determination of petitioners innocence or guilt in the criminal x. The Code Commission believes that the parties to a marriage
case for bigamy, because all that is required for the charge of should not be allowed to assume that their marriage is void, even
bigamy to prosper is that the first marriage be subsisting at the if such is the fact, but must first secure a judicial declaration of
time the second marriage is contracted.[23] Petitioners nullity of their marriage before they should be allowed to marry
argument that the nullity of his marriage to private respondent again. x x x. In the instant case, petitioner contracted a second
had to be resolved first in the civil case before the criminal marriage although there was yet no judicial declaration of nullity
proceedings could continue, because a declaration that their of his first marriage. In fact, he instituted the Petition to have the
marriage was void ab initio would necessarily absolve him first marriage declared void only after complainant had filed a
from criminal liability, is untenable. letter-complaint charging him with bigamy. By contracting a
B. second marriage while the first was still subsisting, he committed
the acts punishable under Article 349 of the Revised Penal
The filing or pendency of a criminal and/or civil cases in the Code. That he subsequently obtained a judicial declaration of the
courts or an administrative case in another judicial body against nullity of the first marriage was immaterial. To repeat, the crime
an examinee or registered professional involving the same facts had already been consummated by then. Moreover, his view
as in the administrative case filed or to be filed before the Board effectively encourages delay in the prosecution of bigamy
shall neither suspend nor bar the proceeding of the latter case. cases; an accused could simply file a petition to declare his
The Board shall proceed independently with the investigation of previous marriage void and invoke the pendency of that
the case and shall render therein its decision without awaiting for action as a prejudicial question in the criminal case. We
the final decision of the courts or quasi-judicial body.
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cannot allow that. Under the circumstances of the present effect. Taking this argument to its logical conclusion, for legal
case, he is guilty of the charge against him. purposes, petitioner was not married to Lucia at the time he
contracted the marriage with Maria Jececha. The existence and
the validity of the first marriage being an essential element of the
crime of bigamy, it is but logical that a conviction for said offense
43. LUCIO MORIGO y CACHO, vs. PEOPLE OF THE
cannot be sustained where there is no first marriage to speak of.
PHILIPPINES
The petitioner, must, perforce be acquitted of the instant charge.
G.R. No. 145226. February 06, 2004 The effect of final judgment declaring the nullity of marriage
TOPIC: Prejudicial Question acquitted Morigo from the crime of Bigamy. Hence the civil case
filed poses a prejudicial question.

ISSUE:
Whether the petitioner may move for suspension the arraignment 44. Spouses Yu vs. PCIB
proceedings on the ground that the civil case for judicial
G.R. No. 147902, 17 March 2006
nullification of his marriage with Lucia posed a prejudicial
question in the bigamy case filed against him. TOPIC: Article 36 of the Civil Code Provision on
Prejudicial Question
RULING:
ISSUE:
No marriage ceremony at all was performed by a duly authorized
solemnizing officer. Petitioner and Lucia Barrete merely signed a Whether or not the pendency of a prejudicial issue renders the
marriage contract on their own. The mere private act of signing a issues in Special Proceedings No. 99-00988-D as [sic] moot and
marriage contract bears no semblance to a valid marriage and academic.
thus, needs no judicial declaration of nullity. Such act alone,
without more, cannot be deemed to constitute an ostensibly valid RULING:
marriage for which petitioner might be held liable for bigamy
unless he first secures a judicial declaration of nullity before he The Supreme Court ruled in the negative. It said in a previous
contracts a subsequent marriage. The first element of bigamy as case a prejudicial question is one that arises in a case the
a crime requires that the accused must have been legally resolution of which is a logical antecedent of the issue involved
married. But in this case, legally speaking, the petitioner was therein, and the cognizance of which pertains to another tribunal.
never married to Lucia Barrete. Thus, there is no first marriage to It generally comes into play in a situation where a civil action and
speak of. Under the principle of retroactivity of a marriage being a criminal action are both pending and there exists in the former
declared void ab initio, the two were never married "from the an issue that must be preemptively resolved before the criminal
beginning." The contract of marriage is null; it bears no legal action may proceed, because howsoever the issue raised in the

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civil action is resolved would be determinative juris et de jure of cognizance of which pertains to another tribunal. It is one based
the guilt or innocence of the accused in the criminal case. The on a fact distinct and separate from the crime but so intimately
rationale behind the principle of prejudicial question is to avoid connected with it that it determines the guilt or innocence of the
two conflicting decisions. In the present case, Civil Case No. 99- accused, and for it to suspend the criminal action, it must appear
01369-D and Spec. Proc. No. 99-00988-D are both civil in not only that said case involves facts intimately related to those
nature. The issue in Civil Case No. 99-01369-D is whether the upon which the criminal prosecution would be based but also
extra-judicial foreclosure of the real estate mortgage executed by that in the resolution of the issue or issues raised in the civil
the petitioners in favor of the respondent and the sale of their case, the guilt or innocence of the accused would necessarily be
properties at public auction are null and void, whereas, the issue determined.
in Spec. Proc. No. 99-00988-D is whether the respondent is
entitled to a writ of possession of the foreclosed properties. 46. Quimiguing vs Icao
Clearly, no prejudicial question can arise from the existence of
GR No. L-26795, July 31, 1970
the two actions. The two cases can proceed separately and take
TOPIC: Commencement of Civil Personality
their own direction independently of each other.
ISSUE: Whether or not a conceived child, although as yet
unborn, possess civil personality and thus entitled to support
15. Donato vs. Luna from its progenitors.
G.R. No. L-53642 April 15, 1988 RULING:
The Supreme Court held that A conceived child, although
TOPIC: Prejudicial Question
as yet unborn, is given by law a provisional personality of its own
ISSUE: for all purposes favorable to it, as explicitly provided in Article 40
Whether or not a criminal case for bigamy pending before the of the Civil Code of the Philippines. The unborn child, therefore,
Court of First Instance of Manila should be suspended in view of has a right to support from its progenitors, particularly of the
a civil case for annulment of marriage pending before the defendant-appellee (whose paternity is deemed admitted for the
Juvenile and Domestic Relations Court on the ground that the purpose of the motion to dismiss), even if the said child is only
latter constitutes a prejudicial question? "en ventre de sa mere;." It is thus clear that the lower court's
theory that Article 291 of the Civil Code declaring that support is
RULING: an obligation of parents and illegitimate children "does not
The requisites of a prejudicial question do not obtain in the case contemplate support to children as yet unborn," violates Article
at bar. A prejudicial question has been defined to be one which 40 aforesaid, besides imposing a condition that nowhere
arises in a case, the resolution of which question is a logical appears in the text of Article 291. It is true that Article 40
antecedent of the issue involved in said case, and the prescribing that "the conceived child shall be considered born for
all purposes that are favorable to it" adds further "provided it be
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born later with the conditions specified in the following article" case, there is no dispute that the child was dead when separated
(i.e., that the foetus be alive at the time it is completely delivered from its mother's womb.
from the mother's womb). This proviso, however, is not a
condition precedent to the right of the conceived child; for if it 48. Limjoco vs. Intestate Estate of Pedro Fragrante
were, the first part of Article 40 would become entirely useless
G.R. No. L-770. April 27, 1948
and ineffective.
TOPIC:
16. Geluz vs. CA
G.R. No. L-16439, July 20, 1961 ISSUE: Whether or not the estate of Fragante may be extended
TOPIC: When child considered born. (Article 40 of NCC) an artificial judicial personality.

ISSUE: RULING: The estate of Fragante could be extended an artificial


judicial personality because under the Civil Code, estate of a
WON an unborn child has personality so that if it incurs injury, dead person could be considered as artificial juridical person for
his parents may recover damages from the one who caused the the purpose of the settlement and distribution of his properties.
damage to the unborn child It should be noted that the exercise of juridical administration
includes those rights and fulfillment of obligation of Fragante
RULING:
which survived after his death. One of those surviving rights
NO. The SC held that since an action for pecuniary damages on involved the pending application for public convenience before
account of personal injury or death pertains primarily to the one the Public Service Commission.
injured, it is easy to see that if no action for such damages could
49. Dumlao vs. Quality Plastics
be instituted on behalf of the unborn child on account of the
injuries it received, no such right of action could derivatively G.R. No. L-27956. April 30, 1976
accrue to its parents or heirs. In fact, even if a cause of action
did accrue on behalf of the unborn child, the same was TOPIC: Juridical Persons/Juridical Capacity
extinguished by its pre-natal death, since no transmission to
anyone can take place from on that lacked juridical personality ISSUE: Whether or not the judgment against Oria and
(or juridical capacity as distinguished from capacity to act). It is
no answer to invoke the provisional personality of a conceived execution against his land annulled on the ground of lack in
child (conceptus pro nato habetur) under Article 40 of the Civil
juridical capacity.
Code, because that same article expressly limits such
provisional personality by imposing the condition that the child
should be subsequently born alive: "provided it be born later with RULING: Quality plastics upon receiving the summons just
the condition specified in the following article". In the present learned that Oria was already dead prior when case T-662 was
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filed. The Dumalao's agreed in their stipulation that indeed TOPIC: Retroactive application of the law
ISSUE:
Quality Plastics was unaware of Oria's death and that they Can the repatriation of Frivaldo given retroactive effect?
acted in good faith in joining Oria as a co-defendant.
RULING:
However, no jurisdiction was acquired over Oria, thus, the The SC rules in favor of retroactive application. To remove all
judgment against him is a patent nullity. Lower Court's doubts on this important issue, we also hold that the repatriation
of Frivaldo RETROACTED to the date of the filing of his
judgment against Oria in T-662 is void for lack of jurisdiction application on August 17, 1994. It is true that under the Civil
over his person as far as Oria was concerned. He had no more Code of the Philippines, "(l)aws shall have no retroactive effect,
civil personality and his juridical capacity which is the fitness to unless the contrary is provided." But there are settled exceptions
be the subject of legal relations was lost through death. to this general rule, such as when the statute is CURATIVE or
REMEDIAL in nature or when it CREATES NEW RIGHTS.
50.MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION
52. Romualdez-Marcos vs. COMELEC
G.R. No. L-21289, October 4 1971, 41 SCRA 292
G.R. No. 119976. September 18, 1995
TOPIC: Citizenship
TOPIC: Domicile vs. Residence
ISSUE:
ISSUE:
Whether or not Lau Yuen Yeung ipso facto became a Filipino
Whether or not petitioner was a resident, for election purposes, of the
citizen upon her marriage to a Filipino citizen. First District of Leyte for a period of one year at the time of the May 9,
1995 elections.
RULING:
Under Section 15 of Commonwealth Act 473, an alien woman RULING:
marrying a Filipino, native born or naturalized, becomes ipso A perusal of the Resolution of the COMELEC's Second Division
facto a Filipina provided she is not disqualified to be a citizen reveals a startling confusion in the application of settled concepts of
of thePhilippines under Section 4 of the same law. Likewise, an "Domicile" and "Residence" in election law. While the COMELEC
alien woman married to an alien who is seems to be in agreement with the general proposition that for the
subsequently naturalized here follows the Philippine citizenship purposes of election law, residence is synonymous with domicile, the
of her husband the moment he takes his oath as Filipino citizen, Resolution reveals a tendency to substitute or mistake the concept of
provided that she does not suffer from any of the domicile for actual residence, a conception not intended for the
disqualifications under said Section 4. purpose of determining a candidate's qualifications for election to the
House of Representatives as required by the 1987 Constitution. As it
were, residence, for the purpose of meeting the qualification for an
51. Frivaldo vs. Comelec elective position, has a settled meaning in our jurisdiction. Residence,
G.R. No. 87193. June 23, 1989
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in its ordinary conception, implies the factual relationship of an
individual to a certain place. It is the physical presence of a person in a
given area, community or country. The essential distinction between
residence and domicile in law is that residence involves the intent to
leave when the purpose for which the resident has taken up his abode
ends. One may seek a place for purposes such as pleasure, business,
or health. If a person's intent be to remain, it becomes his domicile; if
his intent is to leave as soon as his purpose is established it is
residence.

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