Section 1 of P.D. No. 755 states: "Section 1. Declaration of National Policy.

- It is hereby declared
that the policy of the State is to provide readily available credit facilities to the coconut farmers at
preferential rates; that this policy can be expeditiously and efficiently realized by the
implementation of the 'Agreement for the Acquisition of a Commercial Bank for the Benefit of the
Coconut Farmers' executed by the Philippine Coconut Authority, the terms of which 'Agreement'
are hereby incorporated by reference; x x x"

A copy of the Agreement was not attached to the Presidential Decree.

P.D. No. 755 was published in the Official Gazette but the text of the Agreement described in
Section 1 was not published. Can the Agreement in question be accorded the status of a law?
Explain.

No, the Agreement cannot be accorded the status of a law, A law must be published to become effective.
Article 2 of the Civil Code provides that Jaws shall take effect after fifteen (15) days following the
completion of their publication in:the Official Gazetté, unless it is otherwise provided.

The publication must be of the full text of the law since the purpose of publication is to inform the public of
the contents of the law (Tañada v. Tuvera, G.R. N0.63915, April 24, 1985, 136 SCRA 27). In
Nagkakaisang Maralitav. Military Shrine Services (G.R. Nos. 187587 & 187654, June 5, 2013, 675 SCRA
359); the Supreme Court held that the addendum to the Proclamation issued by President Marcos has no
force and effect considering that the same was not published in the Official Gazette.

Moreover, the Supreme Court in Cojuangco, Jr. v. Republic (G.R. No. 180705, November 27, 2012, 686
SCRA 472), which is on all fours with this case, ruled that while the Agreement was incorporated by
reference, it was not reproduced or attached as an annex to the law and therefore cannot be accorded to
the status of a law. Publication of the full text of the law is indispensable for its effectivity.

In his lifetime, Amal, a Pakistani citizen, married three times under Pakistani Law.
When he died an old widower, he left behind six children, two sisters, three houses and lots in
CebuCity, 1 house and lot in Pakistan, and an estate worth 40 Million Pesos located in the
Philippines and in Pakistan. He was born in Pakistan but he last resided in Cebu City, where his 3
residential houses and all his children are. Finding that Amal left no will, the eldest son sought to
file a Judicial Settlement of Estate in the RTC of Cebu City. The youngest son objected saying
they should file in Pakistan because Amal is a Pakistan national.

Under Article 16 of the New Civil Code, what laws govern the settlement of the properties of Mr.
Amal? Furthermore, what laws govern the successional rights connected to the order of
succession and amount of successional rights pertinent to the estate of Mr. Amal?

In so far as the properties of the decedent located in the Philippines are concerned, they are governed by
Philippine law (Article 16, Civil Code). Under Philippine law, the proper venue for the settlement of the
estate is the domicile of the decedent at the time of his death. Since the decedent last resided in Cebu
City, that is the proper venue for the intestate settlement of his estate.

However, the successional rights to the estate of ADEL are governed by Pakistani law, his national law,
under Article 16 of the Civil Code.
Jane was five months pregnant and she planned to name her baby girl Dori. She took an
excursion with her Iranian classmates on a bus and when they reached Balamban, the Bus lost its
brakesand fell off a ravine. 10 Iranians died and the Bus company decided to pay them indemnity
of P100,000.00 per life. Luckily Jane survived, but Dori did not: Jane suffered an abortion because
of the incident. Jane sought for payment for the life of her daughter Dori but the Bus company
refused.

DoesDori(unborn) possess the legal standing to sue the Bus Company through one of her
compulsory heirs, Jane(mother)? Furthermore, in whose favor, if any, should the court award
damages?

No, Dori cannot recover actual damages in the form of indemnity for the loss of life of the unborn child.
This is because the unborn child is not yet considered a person and the law allows indemnity only for loss
of life of persons.

The mother, however, may recover damages for the bodily injury she suffered from the loss of the fetus
which is considered part of her internal organs. The mother may also recover damages for injuries that
are inflicted directly upon them, e.g., moral damages for mental anguish that attended the loss of the
unborn child. Since there is gross negligence, exemplary damages can also be recovered.(Geluz v. CA, 2
SCRA 801[1961])

Vito, an Italian filmmaker, secured parental consent for the employmentof 5 minors, about 11 to 15
years old, to play certain roles in a documentary film he was producing at a home in Makati.

A social worker, Maricel, however filed a complaint before DSWD when she learned that these
children often missed going to school, they often took wine and drugs, and sometimes, Vito
filmed them naked and in revealing costumes.

In his defense, Vito contended that it was all part of artistic freedom and cultural creativity and the
scenes were absolutely necessary for him to convey his message against the proliferation of
pedophilia in poor 3rd world countries like the Philippines. All the parents and the children,
secondly, signed contracts containing absolute waivers on their right to file any complaint in any
office or tribunal concerning the working conditions of their children acting in the movies in
consideration of very high payments; and more importantly none of the parents of the children
complained. Is the waiver valid and binding?

The waiver is not valid. Although the contracting parties may establish such stipulations, clauses, terms
and conditions as they may deem convenient, they may not do so if such are contrary to law, morals,
good customs, public order, or public policy (Article 1306, Civil Code). The parents’ waiver to file a
complaint concerning the working conditions detrimental to the moral well-being of their children acting in
the movies is in violation of the Family Code and Labor laws. Thus, the waiver is invalid and not binding.
The Child Labor Law is a mandatory and prohibitory law and the rights of the child cannot be waived as it
is contrary to law and public policy.
Blue’s father dissolved his marriage with his mother on a decree of annulment issued by the
court. Orange’s mother, on the other hand, became a widow upon the death of her father. Blue’s
father and Orange’s mother then got married. Thereafter Blue fell in love with Orange. Believing
their marriage to be void in the Philippines, Blue and Orange agreed to get married in Timbuktu.

Presuming the marriage between Blue and Orange were considered valid in Timbuktu, is the
marriage between Blue and Orange considered valid in the Philippines?

Valid. Blue and Orange can get married.

Marriages between stepbrothers and stepsisters are not among the marriages prohibited under the
Family Code.

Kris and Boy were on their way back to Cebu from Hong Kong via Business Class of Carcar
Pacific. On checking in, the attendant informed them that the airline company upgradedthem to
First Class, a more expensive accommodation, for the flight back to Cebu because the Business
Class was overbooked.

Kris and Boy refused despite the better seats, food, beverage, and other services in the First
Class, because they went with friends in the Business Class. The attendant, however, threatened
to offloadthem should they not agree to transfer. Feeling humiliated, embarrassed, and vexed,
Kris and Boy agreedto transfer to First Class.

When they got back to Cebu, they sued Carcar Pacific for damages.
Is the airline liable for damages under Article 21 of the New Civil Code? Why or why not?

ARTICLE 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.

Carcar Pacific breached its contract of carriage by upgrading the seat accommodation without their
consent. The object of their contract was the transportation from Manila to Hongkong and back to Manila,
with seats in the business class section of the aircraft. They should have been consulted first whether
they wanted to avail themselves of the privilege and would consent to a change of seat accommodation.
It should not have been imposed on them over their vehement objection. By insisting on the upgrade,
Carcar Pacific breached its contract of carriage with the Kris and Boy.

Moreover, the upgrading or breach was attended by bad faith. By threatening to offload them should they
refuse to transfer, the persons were forced to comply with the demands of the attendant.

Moral damages predicated upon a breach of contract of carriage may only be recoverable in instances
where the carrier is guilty of fraud or bad faith or when the mishap resulted in the death of a passenger.
As a result of the FA’s threat, Kris and Boy are entitled to recover moral damages because of the
attendance of bad faith.

Is there any difference in the legal effect between ignorance of the law and ignorance or mistake
of fact? Define ignorance of the law and ignorance of fact. Distinguish one from the other in terms
of legal effects.
BASIS MISTAKE OF FACT MISTAKE OF LAW
Want of Want of knowledge of some fact or Want of knowledge or acquaintance with the
knowledge facts constituting or relating to the laws of the land insofar as they apply to the act,
pertains to subject matter on hand. relation, duty, or matter under consideration.

Nature of When some facts which really exist Occurs when a person having full knowledge of
Mistake are unknown or some fact is the facts come to an erroneous conclusion as
supposed to exist which really does to its legal effects.
not exist.
Good faith is an excuse. Not excusable, even if in good faith.
Defense

Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil
Registrar of Mandaluyong City under the administrative proceeding provided in Republic Act No.
9048. He alleged that his first name sounds ridiculous and is extremely difficult to spell and
pronounce. After complying with the requirements of the law, the Civil Registrar granted his
petition and changed his first name Zirxthoussous to "Jesus." His full name now reads "Jesus
delos Santos."

Jesus delos Santos moved to General Santos City to work in a multi- national company. There, he
fell in love and married Mary Grace delos Santos. She requested him to have his first name
changed because his new name "Jesus delos Santos" is the same name as that of her father who
abandoned her family and became a notorious drug lord. She wanted to forget him. Hence, Jesus
filed another petition with the Office of the Local Civil Registrar to change his first name to
"Roberto." He claimed that the change is warranted because it will eradicate all vestiges of the
infamy of Mary Grace's father.

Will the petition for change of name of Jesus delos Santos to Roberto delos Santos under
Republic Act No. 9048 prosper? Explain.

No, the petition will not prosper. Under RA 9048, the extrajudicial correction of entry or change of first
name may be availed of only once.

Elated that her sister who had been married for five years was pregnant for the first time, Alma
donated P100,000.00 to the unborn child. Unfortunately, the baby died one hour after delivery. May
Alma recover the P100.000.00 that she had donated to said baby before it was born considering
that the baby died? Stated otherwise, is the donation valid and binding? Explain.

The donation is valid and binding, being an act favorable to the unborn child, but only if the baby had an
intra-uterine life of not less than seven months and provided there was due acceptance of the donation by
the proper person representing said child. If the child had less than seven months of intra-uterine life, it is
not deemed born since it died less than 24 hours following its delivery, in which case the donation never
became effective since the donee never became a person, birth being determinative of personality.

ALTERNATIVE ANSWER:
Even if the baby had an intra- uterine life of more than seven months and the donation was properly
accepted, it would be void for not having conformed with the proper form. In order to be valid, the
donation and acceptance of personal property exceeding five thousand pesos should be in writing.
(Article 748, par. 3)

Tarzan and Jane, Filipinos, met and got married in England while both were taking up LLM
studies. A few years after their graduation, they decided to annul their marriage. Jane filed an
action to annul her marriage to Tarzan in England on the ground of Tarzan’s sterility, which is a
ground for the annulment of marriage in England. The English court granted Jane’s Petition and
annulled their marriage. Returning to the Philippines, Tarzan asked you whether or not he would
now be free to marry his former girlfriend. How you advise Tarzan?

No, Gene is not free to marry his former girlfriend. His marriage to Jane if valid according to the forms and
solemnities of British law, is valid here (Article 17, 1st par., NCC). However, since Gene and Jane are still
Filipinos, although living in England, the dissolution of their marriage is still governed by Philippine law
(Article 15, NCC). Since, sterility is not one of the grounds for the annulment of a marriage under Article
45 of the Family Code, the annulment of Gene's marriage to Jane on that ground is not valid in the
Philippines (Article 17, par., NCC).

ALTERNATIVE ANSWER:
Yes, Gene is free to marry his girlfriend because his marriage was validly annulled in England. The issue
of whether or not a marriage is voidable, including the grounds therefor, is governed by the law of the
place where the marriage was solemnized (lex loci celebrationis). Hence, even if sterility is not a ground
to annul the marriage under Philippine law, the marriage is nevertheless voidable because sterility makes
the marriage voidable under English law. Therefore, annulment of the marriage in England is valid in the
Philippines.

A. The Japan Air Lines (JAL), a foreigner corporation licensed to do business in the Philippines,
executed in Manila a contract of employment with Maritess Guapa under which the latter was
hired as a stewardess on the aircraft flying the Manila-Japan-Manila route. The contrast
specifically provides that (1) the duration of the contract shall be two (2) years, (2)
notwithstanding the above duration, JAL may terminate the agreement at any time by giving her
notice in writing ten (10) days in advance, and (3) the contract shall be construed as governed
under and by the laws of Japan and only the court in Tokyo, Japan shall have the jurisdiction to
consider any matter arising from or relating to the contract.

JAL dismissed Maritess on the fourth month of her employment without giving her due notice.
Maritess then filed a complaint with the Labor Arbiter for reinstatement, backwages and damages.
The lawyer of JAL contends that neither the Labor Arbiter nor any other agency or court in the
Philippines has jurisdiction over the case in view of the above provision (3) of the contract which
Maritess voluntarily signed. The contract is the law between her and JAL. Decide the issue.
B. Where under a State's own conflicts rule that domestic law of another State should apply, may
the courts of the former nevertheless refuse to apply the latter? If so, under what circumstance?

A. Labor Legislations are generally intended as expressions of public policy on employer-employee

relations. The contract therefore, between Japan Air Lines (JAL) and Maritess may apply only to the
extent that its provisions are not inconsistent with Philippine labor laws intended particularly to protect
employees.
Under the circumstances, the dismissal of Maritess without complying with Philippine Labor law would be
invalid and any stipulation in the contract to the contrary is considered void. Since the law of the forum in
this case is the Philippine law, the issues should be resolved in accordance with Philippine law.

B. The third paragraph of Art. 17 of the Civil Code provides that:

“Prohibitive laws concerning persons, their acts or property, and those which have for their object public
order, public policy and good customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign country.”
Accordingly, a state’s own conflict of laws rule may, exceptionally be inapplicable, given’ public policy
considerations by the law of the forum.

Going into the specific provisions of the contract in question, I would rule as follows:
1. The duration of the contract is not opposed to Philippine law and it can therefore be valid as
stipulated;
2. The second provision to the effect that notwithstanding duration, Japan Air Lines (JAL) may
terminate her employment is invalid, being inconsistent with our Labor laws;
3. That the contract shall be construed as governed under and by the laws of Japan and only the
courts of Tokyo, Japan shall have jurisdiction, is invalid as clearly opposed to the aforecited third
paragraph of Arts. 17 and 1700 of the Civil Code, which provides:

“Art. 1700. The relations between capital and labor are not merely contractuals. They are so impressed
with public interest that labor contracts must yield to the common good. Therefore, such contracts are
subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of labor and similar subjects."
ALTERNATIVE ANSWER:
When a contract has a foreign element such as in the factual setting stated in the problem where one of
the parties is a foreign corporation, the contract can be sustained as valid particularly the stipulation
expressing that the contract is governed by the laws of the foreign country. Given this generally accepted
principle of international law, the contract between Maritess and JAL is valid and it should therefore be
enforced.