SYLLABUS FOR THE 2022 BAR EXAMINATIONS

CIVIL LAW (and Practical Exercises)

NOTE: This syllabus is an outline of the key topics that fall under the
core subject “Civil Law (and Practical Exercises)”. Accordingly, all
Bar candidates should be guided that only laws, rules, issuances, and
jurisprudence pertinent to these topics as of June 30, 2021 are
examinable materials within the coverage of the 2022 Bar
Examinations.

PARTI

I. PRELIMINARY TITLE

A. Effect and applicationof laws

Art. 2, CC. Laws shall take effect after fifteen days following the
completion of their publication either in the Official Gazette, or in a
newspaper of general circulation in the Philippines, unless it is
otherwise provided (As amended by E.O. 200).

General Rules
• The clause "unless it is otherwise provided" refers to the date of
effectivity (i.e., as to when a law shall take effect) and not to the
requirement of publication itself, which cannot, in any event, be
omitted. [Tañada v. Tuvera, G.R. No. L-63915
(1986)]

o Publication is indispensable in every case, but the legislature may in

its discretion provide that the usual fifteen-day period shall be
shortened or extended. [Tañada v. Tuvera, G.R. No. L-63915 (1986)]

• When, on the other hand, the administrative rule goes beyond

merely providing for the means that can facilitate or render least
cumbersome the implementation of the law but substantially
increases the burden of those governed, it behooves the agency to
accord at least to those directly affected a chance to be heard, and
thereafter to be duly informed, before that new issuance is given the
force and effect of law. [Commissioner v. Hypermix, G.R. No. 179579
(2012)]

Exception: Interpretative [implementing] rules and regulations and

those internal in nature. [Tañada v. Tuvera, G.R. No. L-63915 (1986)]

RETROACTIVITY OF LAWS
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Laws shall have no retroactive effect, unless the contrary is provided.
[Art. 4, CC]

General Rule: All statutes are to be construed as having only

prospective operation.

Exceptions

a. When the law itself expressly provides

• Exceptions to Exception:
1. Ex post facto law
2. Impairment of contract
b. In case of remedial statutes
c. In case of curative statutes
d. In case of laws interpreting others
e. In case of laws creating new rights [Bona v. Briones, G.R. No. L-
10806 (1918)].
f. Penal Laws favorable to the accused [Art. 22, RPC].

MANDATORY OR PROHIBITORY LAWS

Art. 5, CC. Acts executed against the provisions of mandatory or

prohibitory laws shall be void, except when the law itself authorizes
their validity.

Par. 3, Art. 17, CC. 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.

WAIVER OF RIGHTS

Art. 6, CC. Rights may be waived, unless the waiver is contrary to law,
public order, public policy, morals, or good customs, or prejudicial to
a third person with a right recognized by law.

Waiver
Voluntary and intentional relinquishment or abandonment of a known
legal right or privilege. It has been ruled that a waiver to be
valid and effective must be couched in clear and unequivocal terms
which leave no doubt as to the intention of a party to give up a right
or benefit which legally pertains to him. [RB Michael Press v. Galit, G.R.
No. 153510 (2008)]

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The waiver should be made in a positive manner [Dona Adela v.
Tidcorp, G.R. No. 201931 (2015)].

Requisites of a Valid Waiver

a. Existence of a right
b. Knowledge of the existence thereof
c. An intention to relinquish the right. [Herrera v. Borromeo, G.R. No. L-
41171, (1987)]

General Rule: Rights may be waived.

Exceptions
a. If the waiver is contrary to law, public order, public policy, morals or
good customs
b. If the waiver prejudices a third person
c. If the alleged rights do not yet exist
d. If the right is a natural right

No compromise upon the following questions shall be valid [Art. 2035,

CC]:
a. The civil status of persons;
b. The validity of a marriage or a legal separation;
c. Any ground for legal separation;
d. Future support;
e. The jurisdiction of courts;
f. Future legitime.

REPEAL OF LAWS

Laws are repealed only by subsequent ones,

and their violation or non-observance shall not
be excused by disuse, or custom or practice to
the contrary.
When the courts declare a law to be
inconsistent with the Constitution, the former
shall be void and the latter shall govern.
Administrative or executive acts, orders and
regulations shall be valid only when they are
not contrary to the laws or the Constitution. [Art.
7, CC]

TWO KINDS OF REPEAL [Tolentino]

a. Express or Declared: contained in a
special provision of a subsequent law;

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names the law repealed.
b. Implied or Tacit: takes place when the
provisions of the subsequent law are
incompatible or inconsistent with those of
an earlier law.
The fundamental rule is that the legislature
should be presumed to have known the
existing laws on the subject and not have
enacted conflicting statutes. Hence, all doubts
must be resolved against any implied repeal,
and all efforts should be exerted in order to
harmonize and give effect to all laws on the
subject. [Republic v. Marcopper Mining, G.R.
No. 137174 (2000)]

B. Human Relations

VIOLATION OF HUMAN DIGNITY

Art. 26, CC. 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;
(3) Intriguing to cause another to be alienated
from his friends;
Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.

Article 26 specifically applies to intentional acts

which fall short of being criminal offenses. It
itself expressly refers to tortious conduct which
"may not constitute criminal offenses." The
purpose is precisely to fill a gap or lacuna in the
law where a person who suffers injury because
of a wrongful act not constituting a crime is left
without any redress. Under Article 26, the
person responsible for such act becomes liable

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for "damages, prevention and other relief." In
short, to preserve peace and harmony in the
family and in the community, Article 26 seeks
to eliminate cases of damnum absque injuria in
human relations [MVRS Publications v. Islamic
Da'wah Council, G.R. No. 135306 (2003)].
The principal rights protected under this
provision are the following:
1. The right to personal dignity
2. The right to personal security
3. The right to family relations
4. The right to social intercourse
5. The right to privacy
6. The right to peace of mind
Note: Coverage of Art. 26 is not limited to those
enumerated therein, the enumeration being

merely examples of acts violative of a person’s

rights to dignity, personality, privacy and peace
of mind. Other “similar acts” are also covered
within the scope of the article.
a. Violation of personal dignity
In order to be actionable it is not necessary that
the act constitutes a criminal offense. The
remedy afforded by the law is not only the
recovery of damages. Injunction and other
appropriate reliefs may also be obtained by the
aggrieved party.
b. Violation of Privacy
Privacy is the right to be let alone, or to be free
from unwarranted publicity, or to live without
unwarranted interference by the public in
matters in which the public is not necessarily
concerned. This right is purely personal in
nature, such that it can be invoked only by the
person actually injured, it is subject to a proper
waiver, and it ceases upon death. However,
the privilege may be given to heirs of a
deceased to protect his memory, to protect the
feelings of the living heirs.
Reasonableness of Expectation of Privacy
Test: [Ople v. Torres, G.R. No. 127685 (1998)]
a. Whether by one’s conduct, the individual
has exhibited an expectation of privacy
b. Whether this expectation is one that

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society recognizes and accepts as
reasonable
c. Interference with relations
An interference with the continuance of
unimpaired interests founded upon the relation
in which the plaintiff stands toward one or more
third persons [Prosser and Keeton].
Kinds
1. Family relations
2. Social relations
3. Economic relations
4. Political relations

1. Family Relations Alienation of affection

Elements:
1. Wrongful conduct of the defendant:
intentional and malicious enticing of a
spouse away from the other spouse
2. Loss of affection or consortium (Note:
Complete absence of affection
between the spouses is not a defense.)
3. Causal connection between such
conduct and loss
Liability of Parents, Guardians or Kin
The law distinguishes between the right of a
parent to interest himself in the marital affairs
of his child and the absence of rights in a
stranger to meddle in such affairs.
1. Such distinction between the liability of
parents and that of strangers is only in
regard to what will justify interference.
2. A parent is liable for alienation of
affections resulting from his own malicious
conduct, as where he wrongfully entices
his son or daughter to leave his or her
spouse, but he is not liable unless he acts
maliciously, without justification and from
unworthy motives.
3. He is not liable where he acts and
advises his child in good faith with
respect to his child's marital relations in
the interest of his child as he sees it…
4. He may in good faith take his child into his
home and afford him or her protection and

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support, so long as he has not maliciously
enticed his child away or does not
maliciously entice or cause him or her to
stay away from his or her spouse. This rule
has more frequently been applied in the
case of advice given to a married daughter,
but it is equally applicable in the case of
advice given to a son. [Tenchavez v.
Escaño, G.R. No. L-19671 (1965)].

Social Relations
Meddling with or disturbing family relations
Art. 26, CC. 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;
xxx
(2) Meddling with or disturbing the private life
or family relations of another;

3. Economic Relations

Art. 1314, CC. Any person who induces

another to violate his contract with another
person shall be liable for damages to the
other contracting party.
Elements of tort interference: [So Ping Bun
v. CA, G.R. No. 120554 (1999)]
1. Existence of a valid contract
2. Knowledge on the part of the third person
of the existence of contract; and
3. Interference of the third person is without
legal justification or excuse.
Everyone has a right to enjoy the fruits and
advantages of his own enterprise, industry, skill
and credit. He has no right to be protected
against competition; but he has a right to be
free from malicious and wanton interference,
disturbance or annoyance. If disturbance or
loss comes as a result of competition, or the
exercise of like rights by others, it is damnum

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absque injuria, unless some superior right by
contract or otherwise is interfered with. Thus, a
plaintiff loses his cause of action if the
defendant provides a sufficient justification for
such interference, which must be an equal or
superior right in themselves. The defendant
may not legally excuse himself on the ground
that he acted on a wrong understanding of his
own rights, or without malice, or bona fide, or
in the best interests of himself [Gilchrist v.
Cuddy, G.R. No. 9356 (1915)].

Bad faith/Malice is required to make the

defendant liable for damages in cases of
tortuous interference [So Ping Bun v. CA,
supra].
4. Dereliction of Duty
Art. 27, CC. Any person suffering material or
moral loss because a public servant or
employee refuses or neglects, without just
cause, to perform his official duty may file an
action for damages and other relief against
the latter, without prejudice to any
disciplinary administrative action that may be
taken.
This applies only to acts of nonfeasance or the
nonperformance of some acts which a person
is obliged or has responsibility to perform. The
duty of the public servant must be ministerial in
character. If the duty is discretionary, he is not
liable unless he acted in a notoriously arbitrary
manner.
The defense of good faith is not available
because an officer is under constant obligation
to discharge the duties of his office, and it is not
necessary to show that his failure to act was
due to malice or willfulness.
Requisites: [Amaro v. Sumanguit, G.R. No. L-
14986 (1962)]
1. Defendant is a public officer charged
with a performance of a duty in favor of
the plaintiff;
2. He refused or neglected without just
cause to perform the duty;

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3. Plaintiff sustained material or moral
loss as a consequence of such non-
performance;
4. The amount of such damages, if
material.
Art. 32, CC. Any public officer or employee,
or any private individual, who directly or
indirectly obstructs, defeats, violates or in
any manner impedes or impairs any of the
following rights and liberties of another person shall be liable to the
latter for
damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to
maintain a periodical publication;
(4) Freedom from arbitrary or illegal
detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when
private property is taken for public use;
(8) The right to the equal protection of the
laws;
(9) The right to be secure in one's person,
house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing
the same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of
associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable
assembly to petition the government for
redress of grievances;
(14) The right to be free from involuntary
servitude in any form;
(15) The right of the accused against
excessive bail;
(16) The right of the accused to be heard by
himself and counsel, to be informed of the nature and cause of the
accusation against

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him, to have a speedy and public trial, to
meet the witnesses face to face, and to have
compulsory process to secure the
attendance of witness in his behalf;
(17) Freedom from being compelled to be a
witness against one's self, or from being
forced to confess guilt, or from being induced
by a promise of immunity or reward to make
such confession, except when the person
confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel
and unusual punishment, unless the same is
imposed or inflicted in accordance with a
statute which has not been judicially
declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article,
whether or not the defendant's act or
omission constitutes a criminal offense, the
aggrieved party has a right to commence an
entirely separate and distinct civil action for
damages, and for other relief. Such civil
action shall proceed independently of any
criminal prosecution (if the latter be
instituted), and mat be proved by a
preponderance of evidence.
The indemnity shall include moral damages.
Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not
demandable from a judge unless his act or
omission constitutes a violation of the Penal
Code or other penal statute.

Violation of Civil and Political Rights

Both private individuals and public officers can
be held liable under this provision.
This article further implements the civil liberties
guaranteed by the Constitution and creates an
absolutely separate and independent civil
action for the violation of these civil liberties.
Malice not required, to require that a person act
with malice before he is held liable under this article would defeat the
purpose to protect
individual rights. The object of the article is to

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put an end to official abuse under the guise of
being done in good faith.
Liability for violation or obstruction of civil
liberties
Any person, whether public officer/employee or
private individual, who directly or indirectly
obstructs, violates or in any manner impede or
impair the rights of a person as enumerated
(these are actually rights under the Bill of
Rights) shall be liable to the latter for damages.
Separate and distinct civil action; quantum
of evidence
The aggrieved party has the right to commence
a civil action for damages separate, distinct
and independent of any criminal action that
may arise from the same violation of right. Only
preponderance of evidence is required.
Type of damages
Indemnity shall include moral damages.
Exemplary damages for also be awarded.
Limited liability for judges
Persons are liable under this provision whether
or not their act or omission constitutes a
criminal offense. But Judges can only be held
liable only when their act or omission in
violation of civil liberties of others also
constitutes a criminal offense.
Art. 34, CC. When a member of a city or
municipal police force refuses or fails to
render aid or protection to any person in case
of danger to life or property, such peace
officer shall be primarily liable for damages,
and the city or municipality shall be
subsidiarily responsible therefor. The civil
action herein recognized shall be
independent of any criminal proceedings,
and a preponderance of evidence shall
suffice to support such action.
The primary liability upon a member of a local
police force is already covered by Article 27.
However, Article 34 creates a separate civil action to enforce that
liability, independent of
any criminal proceedings.
Article 34 makes the city or municipality
subsidiarily liable for the omission of its police

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officers to render aid or protection to anyone.
This liability, therefore, can be enforced against
the city or municipality only when the guilty
police officer is insolvent. However, it cannot
be avoided by proving that the city or
municipality has exercised due diligence in the
selection and supervision of its policemen.
[Tolentino]

5. Civil Action
Art. 29, CC. When the accused in a criminal
prosecution is acquitted on the ground that
his guilt has not been proved beyond
reasonable doubt, a civil action for damages
for the same act or omission may be
instituted. Such action requires only a
preponderance of evidence. Upon motion of
the defendant, the court may require the
plaintiff to file a bond to answer for damages
in case the complaint should be found to be
malicious.
If in a criminal case the judgment of acquittal
is based upon reasonable doubt, the court
shall so declare. In the absence of any
declaration to that effect, it may be inferred
from the text of the decision whether or not
the acquittal is due to that ground.
Acquittal predicated on the conclusion “that the
guilt of the defendant has not been
satisfactorily established” is equivalent to one
on reasonable doubt, and a suit to enforce civil
liability for the same act or omission lies. [PNB
v. Catipon, G.R. No. L-6662 (1956)]
The accused once found by the court not to
have been the author of an offense and being
acquitted of the accusation under no condition
can he be made civilly responsible for the harm
caused and for the damages and losses
suffered by reason of the criminal act. [Almeida
v. Abaroa, G.R. No. L-2993 (1907)]

Art. 30, CC. When a separate civil action is

brought to demand civil liability arising from
a criminal offense, and no criminal
proceedings are instituted during the

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pendency of the civil case, a preponderance
of evidence shall likewise be sufficient to
prove the act complained of.
Under Art. 100 of the Civil Code, “every person
criminally liable for a felony is also civilly liable”.
Civil Liability is dependent upon facts, if true,
would constitute a crime.
The civil liability is a necessary consequence of
criminal responsibility and is to be declared and
enforced in the criminal proceeding. The Final
Judgement rendered in the case constitutes a
bar to the subsequent civil action for damages
based upon the same case. [Tolentino]
Art. 31, CC. When the civil action is based
on an obligation not arising from the act or
omission complained of as a felony, such
civil action may proceed independently of the
criminal proceedings and regardless of the
result of the latter.
This article is intended to cover cases where
the civil action can be based on an act or
omission distinct from that which is complained
of as a felony. [Tolentino]
Art. 33, CC. In cases of defamation, fraud,
and physical injuries a civil action for
damages, entirely separate and distinct from
the criminal action, may be brought by the
injured party. Such civil action shall proceed
independently of the criminal prosecution,
and shall require only a preponderance of
evidence.
In these cases, a civil action may be filed
independently of the criminal action, even if
there has been no reservation made by the
injured party; the law in itself makes such
reservation. The result of the civil action is thus
independent of the result of the criminal action.

The underlying purpose for this independent

civil action (also in Articles 32 and 34) is to
allow the citizen to enforce his rights in a
private action brought by him, regardless of the
action of the State attorney.
The term “physical injuries” mean bodily
injuries, not the crime of physical injuries

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defined in the Revised Penal Code, whether
inflicted with intent to kill or not. [Tolentino]
Art. 35, CC. When a person, claiming to be
injured by a criminal offense, charges
another with the same, for which no
independent civil action is granted in this
Code or any special law, but the justice of the
peace finds no reasonable grounds to
believe that a crime has been committed, or
the prosecuting attorney refuses or fails to
institute criminal proceedings, the complaint
may bring a civil action for damages against
the alleged offender. Such civil action may
be supported by a preponderance of
evidence. Upon the defendant's motion, the
court may require the plaintiff to file a bond
to indemnify the defendant in case the
complaint should be found to be malicious.
If during the pendency of the civil action, an
information should be presented by the
prosecuting attorney, the civil action shall be
suspended until the termination of the
criminal proceedings.
The right to file a civil action provided in the first
paragraph also exists with respect to offenses
for which the law expressly provides a separate
civil action independent of the criminal
prosecution.
However, the second paragraph only applies to
offenses for which no independent civil action
is provided. The filing of a criminal case
suspends the civil case, inasmuch as the
decision in the civil case would generally
depend upon the judgment in the criminal case.
But if the offense is one for which an
independent civil action is provided by law
(Articles 32-34), the filing of the criminal action
will not suspend the civil action.

Art. 36, CC. Pre-judicial questions which

must be decided before any criminal
prosecution may be instituted or may
proceed, shall be governed by rules of court
which the Supreme Court shall promulgate
and which shall not be in conflict with the

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provisions of this Code.
A pre-judicial question is one raised in a
criminal case by the accused, which is of such
a nature that, if decided favorably to the
accused in a civil case, will cause the supposed
crime to disappear; the prejudicial question
must be determinative of the case before the
court, and, that jurisdiction to try said question
must be lodged in another tribunal.

APPLICABILITY OF PENAL LAWS

Territoriality Principle
Penal laws and those of public security and
safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the
principles of public international law and to
treaty stipulations. [Art. 14, CC]
Exemptions to the Territoriality Principle
under International Law (Theory of
Extraterritoriality):
1. When the offense is committed by a
foreign sovereign while in Philippine
territory
2. When the offense is committed by
diplomatic representatives
3. When the offense is committed in a
public or armed vessel of a foreign
country.

II. PERSONS AND FAMILY RELATIONS

A. Persons

Persons
Any being, physical, moral, real, juridical and
legal susceptible of rights and obligations or
being the subject of legal relations. [Tolentino,
citing Sanchez Roman and Planio and Ripert]
Personality
The aptitude of a person of becoming the
subject of legal relations, inherent in every

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natural person and is lost only through death.
[Tolentino]
Status
The legal condition or class to which one
belongs in society or the legal and juridical
position of the individual in society, which
determines the nature and number of rights of
an individual. [Tolentino]
Status can be political and civil, and civil status
may be grouped into three classes.
1. As a member of society
a. Resident or non-resident
b. Citizen or alien
2. As a member of family
a. Single, married, widowed, divorced
b. Parent, child, brother or sister
c. Legitimate, illegitimate, adopted
3. As himself
a. Age, whether minor or major
b. Sex, whether male or female
c. Mental condition, whether sane or
insane
Art. 37, CC. 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.
Juridical capacity can exist even without
capacity to act; the existence of the latter
implies that of the former. Full civil capacity is
the existence of both capacity to act and
juridical capacity.

Capacity and incapacity depends on the law,

therefore it cannot be modified by agreements.
It is a matter of public interest. [Tolentino]

Juridical Capacity Capacity to Act

Fitness of a person to be the Power to do acts with legal effect
subject of legal relations
Passive Active
Aptitude for the holding and Aptitude to exercise rights
enjoyment of rights
Inherent in natural persons Must be acquired

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 Lost upon death Lost through death or other
causes
Can exist without capacity to act Must exist with juridical capacity
Cannot be limited or restricted May be restricted to limited

1. Civil personality
1. Kinds of Persons
Persons could be natural or juridical.

1. Natural persons refer to individuals or human beings who are

created by procreation.

2. Juridical persons are artificial, abstract entities created through

laws [Tolentino].

a. Natural Persons

Article 40 provides that "the conceived child shall be considered born

for all purposes that are favorable to it, provided it be born later with
the conditions specified in the following article" (i.e., that the fetus be
alive at the time it is completely delivered from the mother's womb as
defined under Art. 41, CC). This proviso, however, is not a condition
precedent to the right of the conceived child; for if it were, the first
part of Article 40 would become entirely useless and ineffective.
[Quimiging v. Icao, GR. No. L-26795 (1970)]

Characteristics of fetal personality

1. Limited – because it only has rights for purposes favorable to it

2. Provisional/conditional – because it should be born alive later
before the rights can be claimed

3. Can enjoy rights – inherit from will or intestacy and be given

donations even before birth

A conceived child has a provisional personality for all purposes

favorable to it.

1. It is entitled to support [Quimiging v. Icao, GR. No. L-26795

(1970)]

2. It may inherit or succeed [Art. 1025, CC]

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3. It may receive donations [Art. 742, CC]

Period of Conception: the first 120 days of the 300 days preceding
the birth of the child. [Tolentino]

Art. 41, CC. For civil purposes, the fetus is considered born if it is
alive at the time it is completely delivered from the mother’s womb.
However, if the fetus had an intrauterine life of less than seven
months, it is not deemed born if it dies within twenty- four hours after
its complete delivery from the maternal womb.

Birth
The removal of the fetus from the mother’s womb, which may be
done naturally or artificially by surgery. Before birth, the fetus is
not a person but merely a part of the internal organs of the
mother. But because of the expectancy that it may be born, the
law protects it and reserves its rights, making its legal existence, if
born alive, retroact to the moment of its conception. [Tolentino]

The presumption is that the baby was born alive, and the burden
of proof lies on those who allege the contrary.

Intrauterine Life When Considered Born

7 months or more If alivw (e.g. can breathe
independently, etc. Upon
delivery)
Less than 7 months If alive after completion of 24
hours delivery

Since birth determines personality, an aborted

fetus never acquired legal rights or civil
personality because it was not alive at the time
of delivery from the mother’s womb. No
damages can be claimed in behalf of the
unborn child since an action for pecuniary
damages on account of personal injury or
death pertains primarily to the one injured. This
is not to say that the parents [of an aborted
fetus] are not entitled to collect any damages at
all. But such damages must be those inflicted
directly upon them as distinguished from the
injury or violation of the rights of the [aborted
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fetus]” e.g. moral damages for their loss and
the disappointment of their parental
expectations (Art. 2217, CC). [Geluz v. CA,
G.R. No. L-16439 (1961)]

Death
Art. 42, CC. Civil personality is extinguished
by death. The effect of death upon the rights
and obligations of the deceased is
determined by law, by contract and by will.
Only natural or physical death. The law does
not recognize “civil death,” (i.e. death due to
conviction or a religious profession). [Tolentino]
For certain purposes, after the death of a
person, his personality continues in his
estate—the estate of a deceased person is
also considered as having legal personality
independent of the heirs, wherein the mass of
property, rights, and assets left by the decent
becomes directly vested and charged with his
rights and obligations. [Tolentino]

Criminal liability ends with death but civil

liability may be charged against the estate
[People v. Tirol, G.R. No. L-30538 (1981)].

Art. 43, CC. If there is a doubt, as between

two or more persons who are called to
succeed each other, as to which of them died
first, whoever alleges the death of one prior
to the other, shall prove the same; in the
absence of proof, it is presumed that they
died at the same time and there shall be no
transmission of rights from one to the other.
The statutory presumption provided by Article
43 of CC applies only when there is doubt on
the order of death between persons who are
called to succeed each other. It does not apply
when there is credible eyewitness as to who
died first [Joaquin v. Navarro, G.R. No. 5426
(1953)].

Art. 43, CC v. Sec. 3(jj), Rule 131, Rules of

Page 19 of
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Court (hereinafter, ROC)

Art. 43, CC Sec. 3 (jj), Rule 131

Only use the presumptions when there are no facts to get
inferences from
Only used for succession Cannot be used for succession
purposes purposes
In any circumstance Only during death in calamities,
wreck, battle or conflagration

Rule 131, Section 3(jj) provides that if there are no

inferential/circumstantial evidences to
be inferred from, it can be presumed that when
two persons perish in the same calamity, and it
is not shown who died first, the survivorship is
determined from the probabilities resulting from
the strength and the age of the sexes.
[Tolentino]

Sec. 3(jj), Rule 131, ROC: Presumption of Survivorship

Deceased A Deceased B Presumed to have

Survived
Under 15 Under 15 Older
Above 60 Above 60 Younger
Under 15 Above 60 Under 15
Above 15 but under 60 different Sex Male
Above 15 but under 60 same Sex Older
Under 15 but over Between 15 and 60 Between 15 and 60
60

b. Juridical Persons
A juridical person is an abstract being, formed
for the realization of collective purposes, to
which the law has granted capacity for rights
and obligations. The entity must be recognized
as having its own rights and obligations which
are not that of its component members. Its
personality is manifested only in the realm of
patrimonial relations—it has no family and
personal rights. [Tolentino]
The following are juridical persons [Art. 44,

Page 20 of
6
CC]:
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:
a. These are governed by the laws
creating or recognizing them. [par. 1,
Art. 45, CC]
b. Upon the dissolution of corporations,
institutions and other entities for public
interest or purpose their property and
other assets shall be disposed of in
pursuance of law or the charter
creating them. If nothing has been
specified on this point, the property and

other assets shall be applied to similar

purposes for the benefit of the region,
province, city or municipality which
during the existence of the institution
derived the principal benefits from the
same. [Art. 47, CC]
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.
a. Private corporations are regulated by
laws of general application on the
subject.
b. Partnerships and associations for
private interest or purpose are
governed by the provisions of this
Code concerning partnerships [pars. 2
and 3, Art. 45, CC].
Juridical persons may:
1. Acquire and possess property of all kinds.
2. Incur obligations.
3. Bring civil or criminal actions. [Tolentino]
Juridical persons are not completely at par with
natural persons as to capacity because it
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6
cannot exercise rights which presuppose
physical existence, such as family rights,
making of wills, etc. But like natural persons, it
can have a nationality, a domicile, a name, and
a right to reputation. It can own and possess
property, dispose such property, enter into
contracts, and inherit by will. It can also incur
obligations. [Tolentino]

2. Capacity to act
Art. 37, CC. 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.
Presumption of capacity: Capacity to act
must be supposed to attach to a person who
has not previously been declared incapable,
and such capacity is presumed to continue for so long as the
contrary is not proved [Standard
Oil Co. v. Aranas (1911)]
Restrictions on Capacity to Act
Art. 38, CC. 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.
Circumstances which modify, limit, or restrict
capacity to act:
1. Minority
2. Insanity or imbecility
3. Deaf-mutism
4. Civil Interdiction (Penalty)
5. Prodigality
6. Family relations
7. Alienage
8. Absence
9. Insolvency and trusteeship

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Only religious belief and political opinion are
the circumstances which do not limit capacity
to act according to CC. [Art. 39, CC]
General Rule: Incapacitated persons are not
exempt from certain obligations arising from his
acts or property relations. Restrictions in
capacity to act generally affect obligations
arising from contracts only. As a rule, they do
not affect those arising from law, quasi-delicts,
etc. Also, certain rights are not affected by
incapacity, such as right to inherit or to support.
[Perez]
a. Minority
Article 234 of the Family Code (hereinafter FC)
is amended, lowering the age of
emancipation/majority from 21 to 18 years.
Articles 235 and 237 of FC are repealed.
Who are minors?
Those whose age are below the age of
majority.
Effects on Contracts
1. They cannot give consent to a contract [Art.
1327 (1), CC]
2. Minority cannot be asserted by the other
party in an action for annulment [Art. 1397,
CC]
3. Not obliged to make restitution except
insofar as he has been benefited [Art.
1399, CC]
4. Minor has no right to demand the
thing/price voluntarily returned by him [Art.
1426, CC]
5. Minor has no right to recover voluntarily
paid sum or delivered thing, if consumed in
good faith [Art. 1427, CC]
6. Must pay reasonable amount for
necessaries delivered to him [Art. 1489,
CC]
7. A contract where one of the parties is a
minor is voidable [Art. 1390(1), CC]
8. A contract is unenforceable when both of
the parties are minors (incapable of giving
consent) [Art. 1403(3), CC]
Page 23 of
6
Estoppel works against minors who
misrepresent their ages in a contract and are
compelled to comply with its terms. [Mercado
v. Espiritu, G.R. No. L-11872 (1917)]
However, when a minor made no active
misrepresentation as to his minority and such
minority is known to the other party, the
contract may be annulled by the minor upon
attaining the age of majority. [Bambalan v.
Maramba, G.R. No. L-277710 (1928)]
Failure of the minors to disclose their age does
not constitute fraud. Because it was merely a
passive misrepresentation, they were not
estopped and cannot be legally bound by their
signatures in the contract. They do not have to
pay the interest, they may just return their
portion of the loan. However, the minors are
obliged to make restitution insofar as they have
been benefited from what they received [Art.
1399, CC; Braganza v. Villa Abrille, G.R. No. L-
12471 (1959)].
Effects on Marriage
1. May not yet contract marriage [Art. 5, FC].
2. Marriages, where one of the parties is
below 18, even with the consent of
parents/guardians, are void [Art. 35, FC].
Effect on Crimes [RA 9344: Juvenile Justice
and Welfare Act of 2006]
General Rule: EXEMPTED from criminal
liability
Exception: Acted with discernment, and the
minor is between 15 and 18 years of age.
Section 6 states that a child fifteen (15) years
of age or under at the time of the commission
of the offense shall be exempt from criminal
liability but will be subject to an intervention
program.
• A child above 15 but below 18 shall also be
exempted from criminal liability and be
subjected to an intervention program,
unless the child has acted with
discernment.
• Exemption from criminal liability does not
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6
include exemption from civil liability.
Section 7 states that a child in conflict with the
law shall enjoy the presumption of minority and
shall enjoy all the rights until he or she is
proven to be 18 years old or older.
Section 20 states that if the child taken into
custody is 15 years old or below, the authority
which had the initial contact with the child has
the duty to immediately release the child to the
custody of his/her parents, guardians, or
nearest relatives.
• If those cannot be located, the child
may be released to a duly registered
NGO or religious organization, a
barangay official or member of the
Barangay Council for the Protection of
Children, or to the DSWD.
Section 57 states that any conduct not
considered an offense or not penalized if
committed by an adult shall not be considered
an offense and shall not be punished if
committed by a child.

Section 58 states that persons below 18 years

of age shall be exempt from prosecution for the
crime of vagrancy and prostitution,
mendicancy, and sniffing of rugby, as such are
inconsistent with the United Nations
Convention on the Rights of the Child.
Section 59 states that no death penalty shall
be imposed upon children in conflict with the
law.
b. Insanity
Insanity includes many forms of mental
disease, either inherited or acquired. A person
may not be insane but only mentally deficient
(idiocy, imbecility, feeble-mindedness).
Insanity is the complete deprivation of reason
or intelligence or power to discern [People v.
Austria].
On the other hand, imbecility is the weakness
of mind which, without depriving the person
entirely of the use of his reason, leaves only the
Page 25 of
6
faculty of conceiving the most common and
ordinary ideas and such as relate almost
always to physical wants and habits. [Black’s
Law Dictionary, 2nd Edition]
Prevailing Presumption: Every person is of
sound mind, in the absence of proof to the
contrary. [par. 1, Art. 800, CC]
It is presumed that a person who enters into a
contract is of sound mind. The burden of proof
of insanity rests upon him who alleges insanity.
[Engle v. Doe, G.R. No. L-23317 (1925)] (see
Exception below)
Effect on Contracts
1. Incapacity to give consent to a contract
[Art. 1327(2), CC]
2. Contracts entered into during lucid
intervals are valid [Art. 1328, CC]. Burden
of proof lies with party asserting the
contract was entered into by the insane
during a lucid interval.
3. Restitution of benefits [Art. 1399, CC]
4. Voidable if one of the parties is insane [Art.
1390, CC]
5. Unenforceable if both of the parties are
insane [Art. 1403 (3), CC]
Effect on Crimes
General rule: EXEMPTED from criminal liability
[Art. 12(1), RPC]
Exception: Acted during lucid interval [Art.
1328, CC].
Effect on Marriage
May be annulled if either party was of unsound
mind unless such party, after coming to reason,
freely cohabited with the other. [Art. 45(2), FC]
Action for annulment of marriage must be filed
by the sane spouse who had no knowledge of
the other’s insanity, or by any relative/guardian
of the insane before the death of either party;
or by the insane spouse during a lucid interval
or after regaining sanity. [Art. 47(2), FC]
In the absence of proof that the defendant had
lost his reason or became demented a few
moments prior to or during the perpetration of
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6
the crime, it is presumed that he was in a
normal condition of mind. [USA v. Vaguilar,
G.R. No. L-9471 (1914)]
c. Deaf-Mutism
Effect on Contracts
1. Cannot give consent to a contract if
he/she also does not know how to write
[Art. 1327(2), CC]
2. Can make a valid WILL, provided: he
must personally read the will. The
contents of the same have either been
read personally by him or otherwise
communicated to him by 2 persons
[Art. 807, CC]
3. Cannot be a witness to the execution of
a will [Art. 820, CC]
4. Voidable if one of the parties is a deaf-
mute who does not know how to write
[Art. 1390, CC]
5. Unenforceable if both of the parties are
deaf-mutes and do not know how to
write [Art. 1403(3), CC]

d. Prodigality
Incompetent includes prodigals [Sec. 2, Rule
92, ROC]
Prodigality may be inferred but must show a
morbid state of mind and a disposition to
spend, waste, and lessen the estate to such an
extent as is likely to expose the family to want
of support, or to deprive the forced heirs of their
undisposable part of the estate. [Martinez v.
Martinez, G.R. No. 445 (1902)]
Note: It is not the circumstance of prodigality,
but the fact of being under guardianship that
restricts capacity to act.
e. Civil Interdiction
It is an accessory penalty imposed upon
persons who are sentenced to a principal
penalty not lower than reclusion temporal [Art.
41, RPC].
Effect on Parental/Marital Authority

Page 27 of
6
Offender is deprived of the rights of parental
authority, or guardianship, of marital authority,
of the right to manage his property and of the
right to dispose of such by any act inter vivos
[Art. 34, RPC].
Effect on Marriage and Property
1. For the validity of marriage
settlements, the participation of the
guardian shall be indispensable [Art.
123, FC]
2. Sentence of one’s spouse to a penalty
which carries with it civil interdiction is
sufficient cause for judicial separation
of property [Art. 135 (1), FC]
3. The administration of exclusive
property of either spouse may be
transferred by the court to the other
spouse when one of them is sentenced
to civil interdiction [Art. 142 (3), FC]
f. Family Relations
Effect on Crimes
1. Justifying circumstance if acted in
defense of person/rights of spouse,
ascendants, descendants,
brothers/sisters, and other relatives up
to the 4th civil degree [Art. 11(2), RPC]
2. Mitigating circumstance if acted in the
immediate vindication of a grave
offense/felony committed against his
spouse, ascendants or relatives of the
same civil degree [Art. 13(5), RPC]
3. Descendants cannot be compelled to
testify in a criminal case, against his
parents and grandparents.
• Unless: the crime was against the
descendant OR by one parent against
the other [Art. 215, FC]
Effect on Marriages
Incestuous and void marriages:
1. Between ascendants and descendants
of any degree;
2. Between brothers and sisters, whether
full or half-blood. [Art. 37, FC]
Page 28 of
6
Effect on Contracts
1. Donations/grants of gratuitous
advantage between spouses during
the marriage shall be VOID, except
moderate gifts during family occasions
[Art. 87, FC]
2. Prescription does not run between
spouses, parent and child, guardian
and ward [Art. 1109, CC]
3. Spouses cannot sell property to each
other, EXCEPT:
a. Absolute separation is agreed
upon in the marriage
settlements
b. Judicial separation of property
[Art. 1490, CC]

g. Alienage
Dual Citizenship v. Dual Allegiance [Cordora
v. COMELEC, G.R. No.176947 (2009)]

Dual Citizenship Dual Allegiance

Arises when, as a Refers to the
result of the situation in which a
concurrent person
application of the simultaneously
different laws of two owes, by some
or more states, a positive act, loyalty
person is to two or more states
simultaneously
considered a
national by said
states

Involuntary Result of individual’s

volition

For candidates with dual citizenship, it should

suffice if, upon the filing of their certificates of
candidacy, they elect Philippine citizenship to
terminate their status as persons with dual
citizenship considering that their condition is
Page 29 of
6
the unavoidable consequence of conflicting
laws of different states. [Cordora v. COMELEC,
G.R. No. 176947 (2009)]
Effect on Property
Aliens cannot own or operate public utilities.
Corporations should be at least 40% Filipino,
and their managing or executive officials
should be Filipinos. Furthermore, alien
Corporations cannot operate for more than 50
years. [Sec. 11, Art. XII, 1987 Constitution]
h. Absence
Note: More thorough discussion under “Rules
Governing Absent Persons”
Absence is a limitation because it is a ground
for the judicial appointment of a representative
[Art. 381, FC]
Art. 390, CC. After an absence of seven
years, it being unknown whether or not the
absentee still lives, he shall be presumed
dead for all purposes, except for those of
succession.
The absentee shall not be presumed dead
for the purpose of opening his succession till
after an absence of ten years. If he
disappeared after the age of seventy-five
years, an absence of five years shall be
sufficient in order that his succession may be
opened.
The following, after being missing for four
years, shall be presumed dead for all purposes
including the division of the estate among
the heirs [Art. 391, CC.]:
1. A person on board a vessel lost during a
sea voyage, or an aeroplane which is
missing, who has not been heard of for four
years since the loss of the vessel or
aeroplane;
2. A person in the armed forces who has
taken part in war, and has been missing for
four years;
3. A person who has been in danger of death
under other circumstances and his
existence has not been known for four
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6
years.
The 4-year period provided by Art. 391 is
shorter than that of Art. 390 (7 and 10 years)
because it involves situations where the
absentee’s life is in danger.
i. Insolvency and Trusteeship
Under the Insolvency Law, a debtor who has
been found insolvent cannot dispose of his
property or receive payments. [Perez citing Act
No. 1956, Rules on Corporate Rehabilitation]
3. Domicile and Residence of
Persons
Domicile of Natural Persons
The place of their habitual residence [Art. 50,
CC]
Domicile of Juridical Persons
The place where their legal representation is
established, or where they exercise their
primary functions, unless there is a law or other
provision that fixes the domicile [Art. 51, CC]
Domicile v. Residence
While domicile is permanent (there is intent to
remain), residence is temporary and may be
changed anytime (there is no necessary intent
to remain).
Requisites of Domicile
1. Residence or bodily appearance in a new
locality;
2. Intention to permanently remain there
(animus manendi); and
3. An intention to abandon the old domicile
(animus non revertendi).
There must be animus manendi coupled with
animus non revertendi. One must have actual
change of domicile and a bona fide intention to
establish a new residence. [Poe Llamanzares
v. COMELEC, G.R. No. 221697 (2016)]
Kinds of Domicile
1. Domicile of Origin: Domicile of parents of
a person at the time he was born.
2. Domicile of Choice: Domicile chosen by a
person, changing his domicile of origin.

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6
Domicile where he intends to remain
(animus revertendi).
3. Domicile by Operation of Law (i.e. Art.
69, domicile of minor).
A married woman does not lose her domicile to
her husband. Unless there is a clear proof of
abandonment, domicile of origin subsists
[Romualdez-Marcos v. COMELEC, G.R. No.
119976 (1995)].
Foundlings cannot be considered stateless and
citizenship is not required for domicile [Poe-
Llamanzares v. COMELEC, G.R. No. 221697
(2016)]
A house is not necessary to establish domicile
[Jalosjos v. COMELEC, G.R. No. 193237
(2012)].

2. Use of surnames

1. Surname of Children
Legitimate and legitimated children:
Legitimate and legitimated children shall
principally use the surname of the father. [Art.
364, CC; Article 174 [1], FC].
Adopted child:
An adopted child shall bear the surname of the
adopter. [Art. 365, CC; Art. 189 [1], FC].
Natural child:
A natural child acknowledged by both parents
shall principally use the surname of the father.
[Art. 366, CC].
Illegitimate child
Illegitimate children shall use the surname of
their mother. [Art. 176, FC].
2. Surname of Wife After and During Marriage
During Marriage
A married woman may use:
1) Her maiden first name and surname and
add her husband’s surname, or;
2) Her maiden first name and her husband’s
surname, or;

Page 32 of
6
3) Her husband’s full name, but prefixing a
word indicating that she is his wife, such as
“Mrs.”. [Art. 370, CC]
After Marriage
Annulment [Art. 371, CC]:
In case of annulment of marriage and the wife
is the guilty party, she shall resume her maiden
name and signature.
In case of annulment of marriage and the wife
is the innocent party, she may choose to
continue employing her former husband’s
surname, unless:
1) The court decrees otherwise, or;
2) She or the former husband is married again
to another person
Legal Separation [Art. 373, CC]
When legal separation has been granted, the
wife shall continue using her name and
surname employed before the legal separation.
Note: Before the legal separation, not before
the marriage.
Death of Husband [Art. 373, CC]
A widow may use the deceased husband’s
surname as though he were still living, in
accordance with Article 370.

3. Confusion of Names
General Rule [Art. 374, CC]:
In case of identity of names and surnames, the
younger person shall be obliged to use such
additional name or surname as will avoid
confusion.
Special Rules [Art. 375, CC]:
In case of identity of names and surnames
between ascendants and descendants, the
word “Junior” can only be used by a son.
Grandsons and other direct male descendants
shall either:
1) Add a middle name or the mother’s
surname, or
2) Add the Roman numerals II, III, and so
on.
Usurpation and Unauthorized or Unlawful
Page 33 of
6
Use of Name [Arts. 377-378, CC].
Usurpation of a name and surname may be the
subject of an action for damages and other
relief [Art. 377, CC].
The unauthorized or unlawful use of another
person’s surname gives a right of action to the
latter [Art. 378, CC].
4. Change of Names
General Rule [Art. 376, CC]: No person can
change his name or surname without judicial
authority.
Exception [Arts. 379-380, CC]: The
employment of pen names or stage names is
permitted, provided it is done in good faith and
there is no injury to third persons. Pen names
and stage names cannot be usurped. [Art. 379,
CC]
Except as provided in the preceding article, no
person shall use different names and
surnames. [Art. 380, CC]

RA 9048 Correction of Error in Name

PRINCIPLE
The State created an exception to the
general rules provided by Article 376
and 412 of the Civil Code, i.e.
“No personal can change his name or
surname without judicial authority”,
and;
“No entry in a civil register shall be
changed or corrected without a
judicial order”, respectively.

CONCEPT
Sec. 3, RA 9048. Any person having
direct and personal interest in the
correction of a clerical or
typographical error in an entry and/or
change of first name or nickname in
the civil register may file, in person, a
verified petition with the local civil
registry office of the city or
municipality where the record being
sought to be corrected or changed in

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6
kept, or with the nearest Philippine
Consulates for citizens who are
presently residing or domiciled in
foreign countries.
SCOPE
Exceptions to the General Rule as
Provided by Articles 376 and 412 of
the Civil Code

1. Correction of a clerical or
typographical error
a. Defined as “a mistake
committed in the
performance of clerical
work in writing, copying,
transcribing or typing an
entry in the civil register
that is harmless and
innocuous, such as
misspelled name or
misspelled place of birth
or the like, which is
visible to the eyes or
obvious to the
understanding and can
be corrected or changed
only by reference to
other existing record or
records: Provided,
however, That no
correction must involve
the change of
nationality, age, status
or sex of the petitioner
[Sec. 2(3)]

2. Change of first name or nickname

a. Grounds [Sec. 4, RA
9048]
o The petitioner finds the
first name or nickname
to be ridiculous, tainted
with dishonor or
extremely difficult to
write or pronounce;
o The new first name or
nickname has been
habitually and
continuously used by
the petitioner and he
Page 35 of
6
has been publicly known
by the first name or
nickname in the
community, or;
o The change will avoid
confusion
Petition [Sec. 5, RA 9048].
The petition shall be in the form of an
affidavit, subscribed and sworn to
before any person authorized by law
to administer oaths, setting forth the
facts necessary to establish the merits
of the petition, the petitioner’s
competence to testify to the matters
states, and the particularly erroneous
entry or entries which are sought to be
correct and/or the change sought to
be made, in three copies.
Documentary Attachments:
1. A certified true machine copy of
the certificate or of the page of the
registry book containing the entry
or entries sought to be corrected
or changed;
2. At least two public or private
documents showing the correct
entry or entries upon which the
correction or change shall be
based, and;
3. Other documents which the
petitioner or the city or municipal
civil registrar, or the consul
general may consider relevant
and necessary for the approval of
the provision
Procedure [Secs. 6-7, RA 9048]
1. Petition is filed before the
civil registrar or the consul
general.
2. The petition is placed in a
conspicuous place for 10
consecutive days after
finding it sufficient in form
and substance.
3. The civil registrar/consul
general shall act on the
petition and render a
decision not later than five
working days after the
completion of the publication

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requirement.
a. If the petition were
denied, the
petitioner may
appeal the decision
to the Civil
Registrar General
or file the
appropriate petition
before the proper
court.
4. The civil registrar/consul
general shall transmit a copy
of the decision with records
of the proceedings to the
Office of the Civil Registrar
General within five working
days from the date of the
decision.
5. The civil registrar general
shall exercise the power to
impugn such a decision by
objection on the ff grounds
within 10 working days.
a. Where the error is
not clerical or
typographical;
b. Where the
correction of an
entry or entries is
substantial or
controversial as it
affects the civil
status of a person,
or;
c. The basis used in
changing the first
name or nickname
of a person does
not fall under Sec.
4.
6. If there were no objection,
the decision shall become
final and executory.
7. If there were objection, the
petitioner may seek
reconsideration or file the
appropriate petition with the
proper court.
PROHIBITED ACTS

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Violation of any provision of the act
[Sec. 9].

Sec. 9, RA 9048.
PENALTIES
Generally
! Imprisonment of not less
than six years but not more
than twelve years, or;
! A fine of not less than Ten
thousand pesos
(P10,000.00) but not more
than One hundred thousand
pesos (P100,000.00), or;
! Both
If the offender were a government
official or employee, he shall suffer the
penalties provided under civil service
laws, rules, and regulations.

RA 10172 Correction of Error in Birthday

and Sex

PRINCIPLE

The State expanded the

exception by including
typographical or clerical error in the day and month in the date of
birth or sex of a person appearing
in the civil register to entries that
do not need a judicial order to be
changed or corrected.

CONCEPT

New Exceptions Created

1. Correction of the day
and month in the date of
birth
2. Correction of the sex of a
person

SCOPE

Additional Documentary
Attachments
Generally:
1. Certification from
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appropriate law
enforcement agencies
that petitioner has no
pending case or no
criminal record.
For Day and Month in Date of
Birth and Sex:
1. Earliest school record or
earliest school
documents.
2. Medical records.
3. Other documents issued
by religious authorities.
For Sex:
1. Certification by an
accredited government
physician attesting to the
fact that petitioner did
not undergo sex change
or sex transplant.
Changes in Procedure
1. The petition shall be
published at least once a
week for two
consecutive weeks in a
newspaper of general
circulation.
PROHIBITED ACTS

Similar to RA 9048.
PENALTIES
Similar to RA 9048.

3. Entries in the Civil Registry and Clerical Error

Law (R.A. No. 9048, as amended)
4. Absence
a. Civil Code provisions
b. Presumptive death of absent spouse under
the Family Code
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1. Provisional measures in case
of absence
General Rule [Art. 381, CC]: A judge, at the
instance of an interested party, a relative, or a
friend, may appoint a person to represent the
absentee in all that may be necessary.
Note: The same shall be observed when under
similar circumstances the power conferred by
the absentee has expired.
Requisites
1. A person disappears from his domicile.
2. His whereabouts are unknown.
3. He did not leave an agent to administer his
property.
Who May Be Appointed [Art. 383, CC]
General Rule: The spouse present shall be
preferred, when there is no legal separation.
Exception: If there is no spouse, any
competent person may be appointed by the
court.
Safeguarding the Absentee’s Rights and
Properties [Art. 382, CC]
The judge shall specify the powers, obligations,
and remuneration of the absentee’s
representative, regulating them, according to
the circumstances, by the rules concerning
guardians.
2. Declaration of absence
When Absence May Be Declared [Art. 384,
CC]
A person’s absence may be declared
1. After two years have elapsed without any
news about the absentee or since the
receipt of the last news, or;
2. After five years have elapsed, in case the
absentee left a person in charge of the
administration of his property

Who May Ask for the Declaration of

Absence [Art. 385, CC]
1. The spouse present;

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2. The heirs instituted in a will, who may
present an authentic copy of the same;
3. The relatives who may succeed by the law
of intestacy;
4. Those who may have, over the property of
the absentee, some right subordinated to
the condition of his death.
Effectivity of the Judicial Declaration of
Absence [Art. 386, CC]
The judicial declaration of absence shall not
take effect until six months after its publication
in a newspaper of general circulation.
3. Administration of the
property of the absentee
Appointment of Administrator [Art. 387, CC]
An administrator of the absentee’s property
shall be appointed in accordance with Article
383.
On Alienation or Encumbrance of the
Property Administered [Art. 388, CC]
The wife who is appointed as an administratrix
of the husband’s property cannot alienate or
encumber the husband’s property; or that of
the conjugal partnership, without judicial
authority.
Cessation of Administration [Art. 389, CC]
When Administration Ceases
1. When the absentee appears personally or
by means of an agent;
2. When the death of the absentee is proved
and his testate or intestate heirs appear;
3. When a third person appears, showing by
a proper document that he has acquired
the absentee’s property by purchase or
other title.
Effects of Cessation
1. The administrator shall cease in the
performance of his office, and;
2. The property shall be at the disposal of
those who may have a right thereto.
4. Presumption of death
General Rule [Art. 390, CC]

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1. Seven years, for all purposes, except
succession.
2. Ten years, for the purpose of opening his
succession.
Exception [Art. 390, CC]
If the absentee disappeared at the age of
seventy-five years, an absence of five years
shall be sufficient to open his succession.
Where Disappearance is Attendant with
Dangerous Circumstances [Art. 391, CC]
The absentee shall be presumed dead for all
purposes, if he were absent under the following
circumstances:
1. Where the absentee is on board a vessel
lost during a sea voyage, or an aeroplane
which is missing, who has not been heard
of for four years since the loss of the vessel
or aeroplane;
2. Where the absentee is in the armed forces
who has taken part in war, and has been
missing for four years;
3. Where the absentee has been in danger of
death under other circumstances and his
existence has not been known for four
years.
In Case of the Absentee’s Reappearance or
Proof of Existence [Art. 392, CC]
If the absentee appears, or without appearing,
his existence is proved, he shall recover his
property in which it may be found, and the price
of any property that may have been alienated
or the property acquired therewith; but he
cannot claim either fruits or rents.
Statutory Presumption on the Order of
Death Between Persons Who Are Called to
Succeed Each Other [Art. 43, CC]
If there is a doubt, as between two or more
persons who are called to succeed each other,
as to which of them died first, whoever alleges
the death of one prior to the other, shall prove
the same; in the absence of proof, it is
presumed that they died at the same time and
there shall be no transmission of rights from
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one to the other.
Disputable Presumption from the Rules of
Court [Rule 131, Sec. 3 [jj]]
The following presumptions are satisfactory if
uncontradicted, but may be contradicted and
overcome by other evidence:
(jj). That except for purposes of succession,
when two persons perish in the same calamity,
such as wreck, battle of conflagration, and it is
not shown who died first, and there are no
particular circumstances from which it can be
inferred, the survivorship is determined from
the probabilities resulting from the strength and
age of the sexes, according to the following
rules:

Deceased A Deceased B Presumed to have

Survived
Under 15 Under 15 Older
Above 60 Above 60 Younger
Under 15 Above 60 Under 15
Above 15 but under 60 different Sex Male
Above 15 but under 60 same Sex Older
Under 15 but over Between 15 and 60 Between 15 and 60
60
Rule on Subsequent Marriages
General Rule [Art. 41, FC]
Marriage contracted by any person during the
subsistence of a previous marriage is void.
Exceptions [Art. 41, FC]
When there is a subsequent marriage due to
ordinary absence, where:
1. The prior spouse had been absent for
four consecutive years;
2. The surviving spouse had a well-
founded belief that the absent spouse
was already dead.
When there is a subsequent marriage due to
extraordinary absence, where:
1. The prior spouse had been absent for
two consecutive years.
2. There is danger of death attendant to
the disappearance as provided in
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Article 391 of the Civil Code:
a. A person on board a vessel lost
during a sea voyage, or an
aeroplane which is missing,
and has not been heard of.
b. A person in the armed forces
who has taken part in war and
has been missing.
c. A person who has been in
danger of death under other
circumstances and his
existence has not been known.
3. The surviving spouse had a well-
founded belief that the absent spouse
was already dead.

B. Marriage
Marriage
a. A special contract of permanent union;
b. Between a man and a woman;
c. Entered into in accordance with law;
d. For the establishment of conjugal and
family life.
e. It is the foundation of the family and an
inviolable social institution;
f. Its nature, consequences, and incidents
are governed by law and not subject to
stipulation, Exception: Marriage settlements may fix the
property relations during the marriage, within
the limits provided by this Code. [Art. 1, FC.]
Marriage is an institution, the maintenance of
which the public is deeply interested. It is a
relation for life and the parties cannot terminate
it at any shorter period by virtue of any contract
they may make. The reciprocal rights arising
from this relation, so long as it continues, are
such as the law determines from time to time,
and none other. [Goitia v. Campos Rueda,
G.R. No. 11263 (1916)]

1. Requisites of marriage

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Requisites
Essential Requisites [Art. 2, FC]
2. Legal capacity of the contracting parties,
who must be a male and a female; and
3. Consent (of the contracting parties) freely
given in the presence of a solemnizing
officer.
Formal Requisites [Art. 3, FC]
1. Authority of solemnizing officer (subject
to Art. 35(2), FC)
2. A valid marriage license (subject to
exceptions)
3. Marriage ceremony
ABSENCE DEFECT OF
IRREGULARITY
ESSENTIAL VOID VOIDABLE
FORMAL VOID No effect, but makes
the party responsible
for such irregularity
civilly, criminally or
administratively
liable

Note: The term “defect” is used for essential

requisites while “irregularity” is used for formal
requisites.
a. Essential Requisites
1. Gender
N.B. The best source for citing the requirement
of male/female is still statutory, as provided
explicitly in the Family Code: Art. 1, FC.
Marriage is a special contract of permanent
union between a man and a woman…
Sex is determined at birth; marriage between
two people who had the same sex at birth is
invalid even if one changes sex by law.
[Republic v. Cagandahan, G.R. No. 166676
(2008)]
Changing of sex in one’s birth certificate on the
basis of sex reassignment shall be denied;
otherwise, it would result in confusion and
would allow marriage between persons of the
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same sex which is in defiance of the law, as
marriage is a union between a man and a
woman. [Silverio v. Republic, G.R. No. 174689
(2007)]
But when the change in sex happens naturally,
as when the person has Congenital Adrenal
Hyperplasia (CAH) or is “biologically or
naturally intersex,” the determining factor in
their gender classification would be what they,
having reached the age of majority, with good
reason thinks is their sex. Change in name and
sex as registered is here allowed. [Republic v.
Cagandahan, G.R. No. 166676 (2008)]
2. Age
Legal Capacity
Art. 5, FC. Any male or female of the age of
eighteen years or upwards not under any of
the impediments mentioned in Articles 37 and
38, may contract marriage.
OTHER IMPEDIMENTS REFERENCED:
Art. 37, FC: Incestuous marriages
a. Between ascendants and descendants of
any degree; and
b. Between brothers and sisters, whether of
the full or half blood.
Art. 38, FC: Void for public policy
a. Between collateral blood relatives, whether
legitimate or illegitimate, up to the fourth
civil degree;
b. Between step-parents and step-children;
c. Between parents-in-law and children-in
law;
d. Between the adopting parent and the
adopted child;
e. Between the surviving spouse of the
adopting parent and the adopted child;
f. Between the surviving spouse of the
adopted child and the adopter;
g. Between an adopted child and a legitimate
child of the adopter;
h. Between adopted children of the same
adopter; and
i. Between parties where one, with the
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intention to marry the other, killed that other
person's spouse or his or her own spouse.
LIMITED EMANCIPATION:
a. Parental Consent: Needed for parties
between 18 to below 21 years old, given by
their father, mother, surviving parent or
guardian, or persons having legal charge of
them, in the order mentioned. [Art. 14, FC]
If no parental consent is obtained, it makes the
marriage voidable [Art. 45, FC].
b. Parental Advice: Needed for parties 21 to
below 25 years old.
However, absence of such does not make the
marriage void or voidable. Absence will merely
delay the issuance of the marriage license by
three months [Art 15, FC].
3. Consent Freely Given
Consent here refers to the consent of the
contracting parties. The consent must refer to
the contracting parties’ bona fide intention to be
married to the other. i.e. to make the woman
his wife. [People v. Santiago, G.R. No. 27972
(1927)]
In People v. Santiago, it was held that the
marriage entered into by a person whose real
intent is to avoid prosecution for rape is void for
total lack of consent. Here, it was the intent
of the accused—not the victim of rape, whom
he married under duress—that was
considered. The accused did not intend to
make the victim his wife. He merely used such
marriage to escape criminal liability. [G.R. No.
27972 (1927)]
Absence of consent renders the marriage void
while defective consent makes it voidable [Art.
4, FC].

2. Exemption from license requirement

3. Marriages solemnized abroad and foreign divorce
4. Void and voidable marriages
a. Annulment under Article 36 (as recently
articulated in Tan-Andal v. Andal, G.R. No.
196359, May 11, 202; Totality of Evidence

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 Rule)
C. Legal Separation
D. Rights and obligations between husband and wife
E. Property relations between husband and wife
1. General provisions
2. Donations by reason of marriage
3. Absolute Community of Property
4. Conjugal Partnership of Gains
5. Separation of property and administration of
common property by one spouse during the
marriage
6. Regime of separation of property
7. Property regime of unions without marriage
F. Family home
G. Paternity and filiation
1. Legitimate children
2. Proof of filiation
3. Illegitimate children
4. Legitimated children
H. Adoption
1. Domestic adoption (R.A. No. 8552)
a. Who may adopt
b. Who may be adopted
c. Rights of an adopted child
d. Instances and effects of rescission
2. Inter-country adoption (RA 8043)
a. When allowed
b. Who may adopt
c. Who may be adopted
I. Support
J. Parental authority
K. Emancipation
L. Retroactivity of the Family Code

III. SUCCESSION

A. General provisions
B. Testamentary succession
1. Wills
2. Institution of heirs (including declaration of
heirship as decided in Treyes v. Larlar, G.R. No.
232579. September 8, 2020)
3. Substitution of heirs
4. Conditional testamentary dispositions and those
with a term
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 5. Legitime
6. Disinheritance
7. Legacies and devises
C. Legal and intestate succession
1. General provisions; relationship and right of
representation
2. Order of intestate succession
D. Provisions common to testate and intestate succession
1. Right of accretion
2. Capacity to succeed by will or by intestacy
3. Acceptance and repudiation of inheritance
4. Partition and distribution of the estate

IV. OBLIGATIONS AND CONTRACTS

A. Obligations
1. General provisions
2. Nature and effect
3. Kinds
4. Extinguishment
B. Contracts
1. General provisions
2. Essential requisites
3. Reformation of instruments
4. Interpretation of contracts
5. Rescissible contracts
6. Voidable contracts
7. Unenforceable contracts
8. Void or inexistent contracts
B. Natural obligations
C. Estoppel
D. Trusts
E. Quasi-Contracts

V. SALES

A. Nature and form

1. Essential requisites
2. Perfection
3. Contract of sale v. contract to sell
B. Capacity to buy or sell
C. Effects of the contract when the thing sold has been lost
D. Obligations of vendor
E. Obligations of vendee
F. Breach of contract
1. Remedies
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 2. Recto Law and Maceda Law
G. Extinguishment
1. In general
2. Pacto de retro sale
3. Equitable mortgage
H. Assignment of credits

VI. LEASE

A. General provisions
B. Rights and obligations of the lessor
C. Rights and obligations of the lessee

VII. PARTNERSHIP

A. General provisions
B. Obligations of the partners
C. Dissolution and winding up
D. Limited partnership

VIII. AGENCY
A. Nature, form and kinds
B. Obligations of the agent
C. Obligations of the principal
D. Modes of extinguishment

IX. CREDIT TRANSACTIONS

A. Loan
B. Deposit
C. Guaranty and Suretyship
D. Quasi-Contracts

X. TORTS AND DAMAGES

A. Torts
1. Elements
2. Culpa aquiliana v. culpa contractual v. culpa
3. Vicarious liability
4. Res ipsa loquitur
5. Last clear chance
6. Damnum absque injuria
B. Proximate cause
C. Negligence
1. Standard of care
2. Presumptions
D. Damages

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 1. General provisions
2. Kinds of damages
3. In case of death

PART II

I. PROPERTY

A. Classification of property
B. Ownership
1. General provisions
2. Rules on accession
a. Rights of builder/planter/sower in good faith
C. Co-ownership
D. Possession
1. Kinds of possession
2. Acquisition of possession (including possession
based on tolerance)
3. Effects of possession
E. Usufruct
1. In general
2. Rights and obligations of theusufructuary
3. Extinguishment
F. Easements
1. Modes of acquiring easements
2. Rights and obligations of the owners of the
dominant and servient estates
3. Modes of extinguishment
4. Legal v. voluntary easements
5. Kinds of legal easement
a. Relating to waters
b. Right of way
c. Light and view
G. Nuisance
H. Modes of acquiring ownership
1. Occupation
2. Donation
a. Nature
b. Persons who may give or receive a donation
c. Effects and limitations of donation
d. Revocation and reduction
3. Prescription
a. General provisions
b. Prescription of ownership and other real
rights
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 c. Prescription of actions
I. Quieting of Title
J. Actions to Recover Property
1. Accion inter di ctal
2. Accion publiciana
3. Accion reinvindicatoria

II. CREDIT TRANSACTIONS

A. Antichresis
B. Pledge
C. Real Estate Mortgage
D. Chattel Mortgage

III. LAND TITLES AND DEEDS

A. Torrens System; general principles

B. Regalian Doctrine
C. Original Registration
1. Ordinary registration
a. Who may apply
b. Decree of registration
c. Review of decree of registration; innocent
purchaser for value
D. Certificate of title
E. Subsequent registration
1. Voluntary dealings; general provisions

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 2. Involuntary dealings
a. Adverse claim
b. Notice of lis pendens
E. Non-registrable properties
F. Dealings with unregistered land
G. Assurance Fund
1. Action of compensation from funds
2. Limitation of action
H. Cadastral System of Registration (Act No. 2259, as
amended)
I. Registration through Administrative Proceedings (C.A.
141, as amended)
J. Reconstitution of Titles

IV. PRACTICAL EXERCISES

A. Demand and authorization letters

B. Simple contracts Complaint
C.
- NOTHING FOLLOWS -

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