Civil Law

The Civil Code of the Philippines governs..

the relations of private parties regarding their status, rights and duties on property ownership, contractual relations, and liability on torts.

Civil Code Art. 19

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith

Civil Code Art. 20

Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

Civil Code Art. 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

Civil Code Art. 22

Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

Civil Code Art. 23

Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.

Civil Code Art. 24

In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection.

Civil Code Art. 25

Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution.

Civil Code Art. 26

Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another’s residence;

(2) Meddling with or disturbing the private life or family relations of another; dumrrI

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Voluntary Assumption Risk

one cannot sue for damages if they knowingly and freely chose to engage in an activity where risks were present

Nikko Hotel Manila Garden et al v. Reyes

self inflicted injuries or the consent to injury which precludes the recovery of damages by one who knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing so

Elements of defense of voluntary assumption risk

The plaintiff perceived the existence of the danger or risk

He or she fully appreciate it

He or she voluntarily agreed to accept the risk

Two Kinds of Persons

Natural persons, Juridical persons

Juridical persons as provided by Article 44 of the Civil Code

(1) The State and its political subdivisions;

(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;

(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member.

Provisions on Civil Personality

Articles 37, 38, and 39 of the Civil Code

Civil Code Art. 37

Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Civil Code Art. 38

Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.

Civil Code Art. 39

The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law.

Marriage

is a special contract of permanent union between a man and a woman who entered into in accordance with law for the establishment of conjugal and family life.

Essential Requisites of Marriage

Legal Capacities

a. must be a male and a female

b. must be 18 years old or above

c. not under any impediment mentioned in Article 37 (incestuous marriages) or 38 (void marriages under public policy)

Consent freely given in the presence of solemnizing officer

Formal Requisites of Marriage

Authority of solemnizing officer

A valid marriage license

Marriage ceremony taking place with appearance of contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age

Marriage may be solemnized by the following

1. Any incumbent member of the judiciary within the court's jurisdiction

2. Any minister of a church/religious sect duly authorized by religious sect and registered with the civil registrar acting within the limits of the written authority granted, and provided at least one of the contracting parties belongs to the solemnizing officer's religious sect

3. Any ship captain or airplane chief only in the case mentioned in Art. 31 of the Family Code

4. Any military commander of a unit to which a chaplain is assigned (only in cases mentioned in Art. 32 of Family Code)

5. Any consul-general, consul or vice-consul in the case provided under Art. 10 of the Family Code

Breach of promise to marry is not an actionable wrong

Hermosisima v. Court of Appeals

Breach of promise to marry is not an actionable wrong unless…

another act independent of the breach of promise is present such as financial damage or public humiliation

Marriage solemnized by judge outside their jurisdiction

If a marriage is solemnized by a judge of the Regional Trial Court, Metropolitan Trial Court, or Municipal Court outside their jurisdiction, there is absence of the formal requisite “authority of the solemnizing officer”

Exceptions to the rule on authorized venues of marriages

Marriage in articulo mortis (at the point of death)

in remote places

at a house or place designated by the parties in a sworn statement to that effect

Proxy Marriage

Proxy marriage is void in the Philippines because there is absence of an essential requisite that consent must be freely given in the presence of the solemnizing officer, and the formal requisite about the contracting parties’ personal declaration of taking each other as husband and wife before solemnizing officer

Void and Voidable Marriages

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

Void and Voidable Marriages legal basis

Article 35 of the Family Code

Psychological Incapacity

a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after the solemnization

courts should interpret the provisions on marriage by case to case basis, guided by experience, the findings of experts and researchers in psychological disciplines and by decisions of church tribunals

Te v. Te

Requisites for Psychological Incapacity

Gravity - grave or serious such that the party would be incapable of carrying out the ordinary duties required in a marriage

Juridical antecedence - must be rooted in the history of the party antedating the marriage although manifestations may emerge only after the marriage

Incurability - must be incurable or the cure would be beyond the means of the party involved

Legal Basis for Incurability

Santos v. Court of Appeals

Incestuous Marriages

Those contracted between ascendants and descendants of any degree; and between brothers and sisters, whether full or half blood