-Article 19: Every person must, in the exercise of his right and in the
performance of his duty, act with justice, give everyone his due, and observe
honesty and good faith.
-Principle: Suum jus summa injuria; The abuse of a right is the greatest possible
wrong.
-Elementsofabuse of right: LBPA
1. there is a LEGAL right or duty;
2. such duty is exercised in BAD FAITH;
3. it for the sole intent of PREJUDICING or injuring another;
4. the ABSENCE of good faith is essential to abuse of right.
-Principle: Damnum Absque Injuria;
Damage without injury.
-Principle: Contra bonus mores;
-Act contrary to good moral; article 20 and 21.
-Act contrary to moral, good customs or public policy requires intent while
contrary to law needs willfully or negligently.
-Elements of article 21:
[Link] is this legal act.
2. The act is contrary to morals, public policy or good customs.
3. It is done with intent to injure.
-Article 275. Abandonment of Persons in Danger and Abandonment of One's Own Victim.
— The penalty of arresto mayor shall be imposed upon:
Anyone who shall fail to render assistance to any person whom he shall find in an
uninhabited place wounded or in danger of dying, when he can render such assistance
without detriment to himself, unless such omission shall constitute a more serious
offense.
Anyone who shall fail to help or render assistance to another whom he has
accidentally wounded or injured.
Anyone who, having found an abandoned child under seven years of age, shall fail to
deliver said child to the authorities or to his family, or shall fail to take him
to a safe place.
-Accion in rem verso; action for recovery beased on unjust enrichment.
FAMILY HOME
--------------------------
Family relations include
1. Between husband and wife;
2. Between parents and children;
3. Among other ascendants and descendants;
4. Among brothers and sisters, whether of the
full or half-blood. (FC, Art. 150)
-----------------------------
Requisites before a suit between members of
the same family may prosper
1. Earnest efforts toward a compromise have
been made;
2. Such efforts failed;
3. The fact that earnest efforts toward a
compromise have been made but the same
have failed appears in the verified complaint
or petition. (FC, Art. 151)
-----------------------
The following cannot be compromised:
1. Civil status of persons;
2. Validity of a marriage or legal separation;
3. Any ground for legal separation;
4. Future support;
5. Jurisdiction of courts; and
6. Future legitime. (NCC, Art. 2035)
--------------------------------
Guidelines in the constitution of the Family
Home
1. FH is deemed constituted from the time of
actual occupation as a family residence;
2. Only 1 FH may be constituted;
3. Must be owned by the person constituting it;
4. Must be permanent;
5. Same rule applies to both valid and voidable
marriages and even to common law
spouses; (FC, Arts. 147 and 148)
6. It continues despite death of one, either
spouses, or an unmarried head of the family
for 10 years or as long as there is a minor
beneficiary. (FC, Art 159)
---------------------
Beneficiaries of a Family Home (FC, Art. 154)
1. Husband and wife, or
2. Unmarried head of the family,
3. Parents (may include parents-in-law),
4. Ascendants,
5. Descendants
6. Brothers and sisters (legitimate or
illegitimate) living in the FH and dependent
on the head of the family for legal support.
-----------------------------
Requisites to be considered as beneficiary
(FC, Art 156)
1. They must be among the relationships
enumerated in Art. 154 of the Family Code;
2. They live in the FH; and
3. They are dependent for legal support upon
the head of the family.
----------------
Requisites for the creditor to avail of the
right to execute (FC, Art 160)
1. He must be a judgment creditor;
2. His claim must not be among those excepted
under Art. 155;
3. He has reasonable grounds to believe that
the FH is worth more than the maximum
amount fixed in Art. 157.
-------------------------
Requisites in the sale, alienation, donation,
assignment or encumbrance of the FH
The following must give their written consent:
1. The person who constituted the FH;
2. The spouse of the person who constituted
the FH;
3. Majority of the beneficiaries of legal age.
----------------------------
PATERNITY AND FILIATION
------------------------
Requisites for a child conceived by artificial
insemination to be considered legitimate (FC,
Art. 164, par. 2)
1. The artificial insemination is made on the
wife, not on another woman;
2. The artificial insemination on the wife is
done with the sperm of the husband or of a
donor, or both the husband and a donor;
3. The artificial insemination has been
authorized or ratified by the spouse on a
written instrument executed and signed by
them before the birth of the child; and
4. The written instrument is recorded in the
civil registry together with the birth
certificate of the child. (FC, Art. 164)
-----------------------
Rights of legitimate children (FC, Art. 174)
1. To bear the surname of the father and the
mother;
2. To receive support from their parents, their
ascendants, and in proper cases, their
brothers and sisters;
3. To be entitled to the legitimate and other
successional rights granted to them by the
Civil Code; and
4. They shall be under the parental authority
of the mother
----------------------------
Grounds in impugning legitimacy of a child
(FC, Art. 166)
Legitimacy of the child may be impugned only on
the following grounds:
1. Physical impossibility for the husband to
have sexual intercourse with his wife within
the first 120 days of the 300 days which
immediately preceded the birth of the child
because of:
a. Physical incapacity of the husband to
have sexual intercourse with his wife
b. The fact that the husband and wife
were living separately in such a way
that sexual intercourse was not
possible, or
c. Serious illness of the husband which
absolutely prevented intercourse;
2. Proved that for biological or other
scientific reasons, the child could not have
been that of the husband, except in the case
of children conceived through artificial
insemination;
3. In case of children conceived through
artificial insemination, the written
authorization or ratification of either parent
was obtained through mistake, fraud,
violence, intimidation or undue influence.
--------------------------
Rule on status of child where the mother
contracted another marriage within 300 days
after termination of the former (1999 BAR)
The child shall be considered as conceived
during the:
1. Former marriage– if child is born:
Before 180 days after the solemnization of
the subsequent marriage, provided it is born
within 300 days after termination of former
marriage
2. Subsequent marriage –if a child is born:
180 days after the celebration of the
subsequent marriage, even though it be
born within 300 days after the termination
of the former marriage.
----------------------------------
Filipino citizens who are:
a. of legal age, in possession of full
civil capacity and legal rights;
b. of good moral character;
c. not been convicted of any crime
involving moral turpitude;
d. emotionally and psychologically
capable of caring for children;
e. at least sixteen (16) years older
than the adoptee (may be waived
when the adopter is the biological parent of the adoptee, or is the
spouse of the adoptee's parent);
and
f. in a position to support and care for
his/her children in keeping with the
means of the family.
----------------------------------
Aliens who have the same qualifications as
Filipinos and:
a. that his/her country has diplomatic
relations with the Republic of the
Philippines;
b. has been living in the Philippines
for at least three (3) continuous
years prior to the filing of the
application for adoption and
maintains such residence until the
adoption decree is entered;
c. has been certified by his/her
diplomatic or consular office or any
appropriate government agency
that he/she has the legal capacity to
adopt in his/her country;
d. that his/her government allows the
adoptee to enter his/her country as
his/her adopted son/daughter.
------------------------------
Co-ownership-BIPURE-LEV
Repair-consent of co-owner
Ejectment-all kinds of ejection and not limited to action interdictal.
Voting rights-
Possession:
[Link]
[Link]- no ownership- in the concept of possession.
[Link]-buyer acquires just title but the seller has no power to transfer
the property.
[Link]
Real right of easement- personal right of easement
Continous vs. Discontinous
Apparent vs. Non-apparent
Positive vs. Negative
Legal vs. Voluntary
In aquino case, the right of representation by the grandchildren is valid when the
parent predeceased the grand parent, or the other two except repudiation where in
the latter case, the grandchildren cannot inherit.