Civil code – ftf (Oct 9, 2023)

Article 19. ABUSE OF RIGHTS

When you exercise your rights:

Act with justice –

Give everyone his due – have to be fair.

Observe honesty and good faith

Due –

Metrobank vs. CA (1990)

But as in the exercise of any other right conferred by law, the proper legal remedy should be availed of and the procedural rules duly observed to
forestall and obviate the possibility of abuse or prejudice ow what may be misunderstood to be such, often to the undeserved discredit of the legal
profession.

Jypitching vs. quiamco (2006) – elements of the principle of abuse of rights

Article 20. indemnification of another due to illegal acts

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

Article 21. indemnification due to immoral acts

- Willfully done/intentional
- Act contrary to morals, good customs or public policy
- Example:

Article 22. unjust enrichment

- No title to it, return it

- Case: Villalva vs. RCBC Savings Bank (2006)

Article 23. principle of indemnity

- Liable for indemnity if through the act/event he was benefited.

Article 24. unfair competition

- 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 pr other handicap, the courts must be vigilant of his protection

Article 25. restraint for undue extravagance

- Provision itself impossible to implement

- Govt charitable institution: pcso, dswd
- Private charitable institution:
- Example: fiesta, 20 lechons house located sa slums
- File a case in court, pay docket fee and the ask the court to make an order t stop it.

Article 26. respect for personality and dignity of others

1. Prying into the privacy of another’s residence

2. Meddling twith or disturbing the private life or family relations
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…

Violation of slander, libel,

Article 27. refusal or neglect in the performance of official duty

 - City engineers office delay of release of permits
- Not applicable to judges. Judges – to hear the case

Article 28. unfair competition

- Example: 2 sari2 stores

- Agriculture, commercial or industrial

Article 29. civil action after acquittal in a criminal case

- If u file a criminal action. Proof required is proof beyond reasonable doubt

- Proof beyond reasonable doubt – criminal
- Clear and convincing evidence – special
- Preponderance of evidence - civil
- Probable cause- investigation
- Reasonable suspicion –

Not to file an action – guilt is not proven

Rule 111, section 2, ROC

Section 2. when separate civil action is suspended

Section 5. judgment in civil action not a bar

Article 30. civil action arising from an unprosecuted criminal offense

- Article 100. Any person criminally liable is also civilly liable

- Rule 111, ROC prosecution of civil action
Section 1. institution of criminal and civil actions
1. Waives
2. Reserves – criminal action continues, wait for the termination of the criminal case before u can file a civil action
GR:
Exception: independent civil action

3. Prior filing

Bp 22 – no reservation because of the abuses that what allowed before

Article 31. independent civil action

Article 32. independent civil action arising from violation (independent civil action for constitutional rights

1. Right

Article 33. defamation, fraud, and physical injuries

Article 34. police officer – primarily liable. No money, the city or municipality will pay for it (subsidiarily liable)

Article 35. justice of peace -municipal trial court

- Prosecuting atty = prosecutor

- Rule 111, ROC
- Section 4. Effect of death on civil actions
Accused dies before arraignment – case dismiss

Article 36. prejudicial questions

Rule 111, ROC

Section 6. suspension by reason of prejudicial question

Section 7. elements of prejudicial question

1. Previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action
2. The resolution of such issue determines whether or not the criminal action may proceed

Ex. Filing of annulment of marriage. Got married again.

Ex. BP 22

Article 37. juridical capacity vs. capacity to act

Juridical capacity – the fitness to be subject of legal relations, is inherent in every natural person

Example. Child can be subject of adoption but cannot adopt

Capacity to act – not inherent, can be restricted. The power to do acts with legal effect

Article 38. restrictions on capacity to act (SPMCI)

a) STATE OF BEING A DEAF MUTE

b) PRODIGALITY
c) MINORITY
d) CIVIL INTERDICTION
e) INSANITY OR IMBECILITY

1. Minitory, insanity or imbecility, the state of being deaf-mute, prodigally, and civil interdiction

Persons suffering from restrictions not exempt obligation arising from:

- His acts
-

Article 39. circumstance that Modifies or limits capacity to act

1. Age
2. Insanity
3. Imbecility
4. State of being deaf mute
5. Penalty
6. Prodigality – mahilig magastos. If u cannot manage your financial affairs, someone will manage it for you
7. Family relations – marriage. You cannot sell something to your wife. (absolute community/conjugal partnership). You cannot testify
against your children. You cannot marry your family. It restricts your action/capacity to act.
8. Alienage – if you’re not a citizen, you cannot own properties
9. Absence -
10. Insolvency – you cannot enter into business/ hold your property. Not free to dispose all your property
11. Trusteeship – the trustee decides

Does not modify or limit capacity to act

1. Religious belief
2. Political opinion

2nd parag of article 39. A married woman, 21 years of age or over, is qualified for all aspects of civil life, except in cases specified by law. - when
the civil code was made = this parag has no effect anymore

Note: at the time of drafting of civil code, before age of majority was 21 and males can get married at age 16 ….

Article 40. birth determines personality

Article 41. 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 intra-uterine..
ORDINARY

INTRA-UTERINE LIFE OF MORE THAN 7 MONTHS

- CHILD IS CONSIDERED BORN

- CHILD ACQUIRES PERSONALITY

EXTRAORDINARY

INTRA-UTERINE LIFE OF LESS THAN 7 MONTHS

- CHILD MUST SURVIVE 24 HOURS TO BE CONSIDERED BORN

- CHILD DIES BEFORE 24 HOURS, CHILD NOT CONSIDERED BORN AND DOES NOT ACQUIRE PERSONALITY

Article 42. 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.

Article 43. he who alleges must prove if no proof, then they died at the same time.

Article 44. juridical persons/artificial persons

1. State and its political subdivisions

State – Rep of the aph
Pol. Subfividion = entities
2. Other corporations, institutions and entities for public interest/purpose
- Dti, DICT, DEPED, DILG,
- ADMINITRATIVE OF 1990
- LOCAL GOVT CODE OF 1991
3. Private corporations
- PDLT, GLOBE, METRO PACIFIC, BPI, JOLLIBEE, ABOITIZ, SAN MIGUEL, AYALA, BDO, METROBANK, ROBINSONS

Article 45. juridical persons mentioned in nos. 1 and 2 of the preceding article are governed by the laws creating them

- Those laws passed by congress

- Revised administrative code

Private corporations – regulated by laws of general application on the subject (Revised corpo code, civil code)

Article 46. juridical persons may acquire and possess property of all kinds, as well as incur obligations

- Obligations
- Contract

Article 47. dissolution of corporations, institutions or other entities for public interest/ purpose mentioned in no. 2 of art 44

Article 48. citizens of the ph

Article 49. naturalization and the loss or reacquisition of citizenship of the Phare governed by special laws.

Article 50. domicile – place of their habitual residence

Article 51. domicile of juridical person = place where their legal representation is established or where they exercise their principal functions

- Domicile = main office

- SM – head quarters – domicile is Pasay
- SAN MIGUEL – domicile is Ortigas

SURNAMES
Article 364-380

- Concept of surnames in the ph is paternal

Article 364. legitimate and legitimated children

Legitimate children - Article 164.

Children conceived or born during the marriage is legitimate

1. Natural legitimate children

2. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both =
legitimate children

Legitimated children – article 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the
former, were not disqualified by any impediment to marry each other may be legitimated.

- Legal impediment kay previous marriage

Article 364. Legitimate or legitimated children shall principally use the surname of the father

- Case of aranis

Article 356. an adopted child shall bear the surname of the adopter

- Shall means mandatory= no choice because u are creating an artificial relationship

- Automatic mandatory use the surname of the adopter

Article 366. a natural child acknowledged by both parents shall principally use the surname of the father. If recognized by one one of the parents,
a

Article 367. natural children by legal fiction shall principally employ the surname of the father

Natural children and children by legal fiction

Article 89. children conceived or born f marriages which are void from the very beginning shall have the same status, rights and obligations..

= this provision no longer exists. Only article 176

Article 176. illegitimate children shall use the surname and shall be under the parental authority of their mother

- Grace grande vs. Patricio Antonio

To conclude the use of the word “shall” in the IRR od RA 9255 IS OF NO MOMENT. The cleat, unambigiouss…

Article 368. illegitimate children referred to in art 287 shall bear the surname of the mother.

- Parental authority – mother

- Father no parental authority but obligation to support

Article 163. children

- Case of ALANIS V. CA
Illegimate or legitimate has option to choose.

Article 369. children conceived before the decree annulling a voidable marriage shall ….

Article 370. a married woman may use:

- May means discretionary

1. Her maiden first name and surname and add her husband’s surname
2. Her maiden first name and her husband’s surname
3. Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

Once you make a choice, you cannot change it.

Article 371. in case of annulment of marriage, the wife is the guilty party, she shall resume her maiden name and surname.
If she is the innocent spouse, she may resume her maiden name and surname. However, 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

Article 372. when legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation

Article 373. a widow may use the deceased husband’s surname as though he were still living, in accordance with article 370

Article 374. in case of identity of names or surnames, the younger person shall be obliged to use such additional name or surname as will avoid
confusion

Article 375. in case of identity of names and surnames between ascendants and descendants, the word “Junior” can be used only by a son.
Grandsons and other direct male descendants shall either.

1. Add a middle name or the mother’s surname

2. Add the roman numerals I, II, and so on.

Article 376. no person can change his name or surname without judicial authority

- Rule 103 change of name

1. File a case where u reside
2. Family court
- Alanis vs. CA - Grounds to change a name under rule 103
- Chua v. republic
- Read the case of alanis

Article 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.

Article 378. the unauthorized ..

Article 379. the employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to 2rd persons. Pen
names and stage names cannot be usurped.

- Ex. Artists
- Example. Fernando poe jr – stage name, it’s the name of his uncle
- Beyonce – real name is Beyonce Giselle Knowles

Article 380. except as provided in the preceding article, no person shall use different names and surnames.

ASSIGNMENT; FAMILY CODE ARTICLES 1-30