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    Bulacan State University College of Law: Date of Effectivity Art. 2, NCC Executive Order No. 200, 18 June 1987

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    Robert Adrian De Rueda
    The document provides an overview of Persons and Family Relations under Philippine law. It discusses key concepts like [1] civil personality and the distinction between natural and juridical persons; [2] citizenship and domicile as defined under the Philippine Constitution and relevant statutes; and [3] fundamental principles governing human relations such as abuse of rights, unjust enrichment, and protection of disadvantaged groups, as enshrined in the Civil Code of the Philippines.

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    Bulacan State University College of Law: Date of Effectivity Art. 2, NCC Executive Order No. 200, 18 June 1987

    Uploaded by

    Robert Adrian De Rueda
    126 views6 pages
    The document provides an overview of Persons and Family Relations under Philippine law. It discusses key concepts like [1] civil personality and the distinction between natural and juridical persons; [2] citizenship and domicile as defined under the Philippine Constitution and relevant statutes; and [3] fundamental principles governing human relations such as abuse of rights, unjust enrichment, and protection of disadvantaged groups, as enshrined in the Civil Code of the Philippines.

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    The document provides an overview of Persons and Family Relations under Philippine law. It discusses key concepts like [1] civil personality and the distinction between natural and juridical persons; [2] citizenship and domicile as defined under the Philippine Constitution and relevant statutes; and [3] fundamental principles governing human relations such as abuse of rights, unjust enrichment, and protection of disadvantaged groups, as enshrined in the Civil Code of the Philippines.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
    126 views6 pages

    Bulacan State University College of Law: Date of Effectivity Art. 2, NCC Executive Order No. 200, 18 June 1987

    Uploaded by

    Robert Adrian De Rueda
    The document provides an overview of Persons and Family Relations under Philippine law. It discusses key concepts like [1] civil personality and the distinction between natural and juridical persons; [2] citizenship and domicile as defined under the Philippine Constitution and relevant statutes; and [3] fundamental principles governing human relations such as abuse of rights, unjust enrichment, and protection of disadvantaged groups, as enshrined in the Civil Code of the Philippines.

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    You are on page 1of 6

    BULACAN STATE UNIVERSITY

    COLLEGE OF LAW

    Persons and Family Relations

    ATTY. GIDEON D.V. MORTEL, LLM., DCL.


    Professor

    I. Introduction to the Civil Code and Preliminary Title

    A. Introduction and Effect and Application of Laws

    (1) Effect and Application of Laws (Art. 1-18, NCC),

    Date of Effectivity Art. 2, NCC


    Executive Order No. 200, 18 June 1987

    Tanada v. Tuvera, 146 SCRA 446, GR 63915 29 December 1986


    Philippine Association of Service Exporters v. Torres et.al., GR 10279
    6 August 1992
    Umali v. Estanislao, GR 104037, May 29, 1992
    La Bugal B’laan Tribal Assn. v. Ramos, GR 127882, Jan. 27, 2004

    Fuentes v. Roca, GR 178902, April 21, 2010


    Commissioner v. Hypermix, GR 179579, February 1, 2012
    Acaac v. Azcuna, Jr., GR 187378, Sept. 30, 2013

    (2) Laws and Rules covered by the Rule on Publication

    Tayug Rural Bank v. CB, GR 46158, 28 November 1986


    Roy v. Court of Appeals, GR 80718, Jan. 29, 1988
    Villanueva v. Judicial and Bar Council, GR 211833, April 7, 2015

    Secs. 59 and 188, LGC (RA 7160)

    (3) Principles on the Application of Laws

    a. Presumption of Knowledge of the Law, Art. 3, NCC

    In Re: Filart 40 Phil 205


    Kasilag v. Rodriguez, 69 Phil 217
    Elegado v. Court of Appeals, 173 SCRA 285
    Fajardo v. Atty. Danilo Dela Torre, AC 6295, April 14, 2004

    Art. 526(3), 1334, 2155, NCC

    b. Prospective & Retroactive Effect of Laws, Art. 4 NCC

    Revised Penal Code (RPC) Arts. 22, 62


    Family Code (FC) Art. 256
    ABS-CBN v. Court of Tax Appeals L-52306 12 October 1981
    Lorenzo v. Posadas 64 Phil 353
    Simon v. Chan, GR 157547, Feb. 23, 2011
    Francisco v. CA, GR 102330, Nov. 25, 1998
    Pesca v. Pesca, GR 136921, April 17, 2001
    David v. Agbay, GR 199113, March 18, 2015
    Albino Co v. CA, GR 100776, Oct. 28, 1993
    PITC v. CoA, GR 205837, Nov. 21, 2017
    Narzoles v. NLRC, GR 141959, Sept. 29, 2000

    c. Mandatory and Directory Laws Art. 5, NCC

    d. Waiver of Rights and Exceptions Art 6, NCC

    Art. 2035, NCC

    Ferrazini v. Gsell 34 Phil 693


    Cui v. Arellano University, L-15121, May 30, 1961
    People v. Donato, GR 79269, June 5, 1991
    Cruz & Co., Inc. v. HR Construction Corp., GR 187521, March 14, 2012
    Mindoro Lumber and Hardware v. Bacay, et al., GR 158753, June 8, 2005
    DM Consunji v. CA, GR 137873, April 20, 2001
    Aujero v. Philcomsat, GR 193484, January 18, 2012
    Dona Adela v. Tidcorp, GR 201931, Feb. 11, 2015

    e. Repeal of Laws Art 7, NCC

    Lichauco v Apostol, 44 Phil 138


    U.S. v Palacio, 33 Phil 208
    Iloilo Palay Corn Planters Assn., Inc. v. Feliciano, 13 SCRA 377
    Thornton v. Thornton, Aug. 16, 2004
    CIR v. Primetown Property Group, Inc., GR 162155, August 28, 2007
    Kida v. Senate, GR 196271, Feb. 28, 2012
    Yinlu Bicol v. Trans-Asia, GR 207942, Jan. 12, 2015

    (4) Judicial Decisions & Duty of the Courts to Decide Art 8-10 NCC

    a. Stare Decisis; Obiter Dictum (Art. 8)

    Floresca v Philex Mining GR 30642 30 April 1985


    Pesca v. Pesca, GR 136921, April 17, 2001
    Ting v. Velez-Ting, GR 166562, March 31, 2009
    De Castro v. JBC, GR 191002, April 20, 2010
    Virtucio v. Alegarbes, GR 187451, August 29, 2012
    Republic v. Rehman Enterprises, GR 199310, Feb. 19, 2014
    UCPB v. Uy, GR 204039, Jan. 10, 2018

    b. Duty to render judgment- Arts. 9-10

    Art. 5, RPC

    People v. Ritter, 194 SCRA 690


    Alonzo v. Padua, 150 SCRA 379
    Barcellano v. Barza, GR 165287, Sept. 14, 2011
    Karen Salvacion v. Central Bank of the Philippines, GR 94723, August 21, 1997
    (5) Applicability of Customs –Arts. 11-12 NCC

    Martinez v. Van Buskirk, 18 Phil. 79


    In the Matter of the Petition for Authority to Continue Use of the Firm Name “Ozaeta,
    Romulo, etc., 92 SCRA 1
    In the Matter of Adoption of Stephanie Nathy Astorga Garcia, GR 148311, March 31,
    2005

    (6) Legal Periods, Art. 13, NCC

    a. Computation of Time, Art. 13, NCC

    Firestone Tire and Rubber Co v. Lariosa, L-70479 27 February 1987


    Gonzaga v. de David, L-14858 29 December 1960
    Rural Bank v. Court of Appeals, L-32116 21 April 1981
    Comr. v. Aichi Forging, GR 184823, October 6, 2010
    National Marketing Corp. v. Tecson, 29 SCRA 70
    CIR v. Primetown Property Group, GR 162155, August 28, 2007

    b. Meaning of Weeks and Months Art.13, NCC

    People v. del Rosario, L-7234, 21 May 1955

    (7) Application of Laws, Arts. 14- 18, NCC

    a. Application of Penal Laws, and Laws on Public Security and Safety Art.14, NCC

    b. Application of Laws on Family Rights and Duties; Status Condition and Legal
    Capacity of Persons Art.15, NCC

    Del Socorro v. Van Wilsem, GR 193707, Dec. 10, 2014


    Tenchavez v. Escaño, 15 SCRA 355
    Board of Commissioners v. Dela Rosa, 197 SCRA 853
    Yao Kee v. Gonzales, 167 SCRA 736

    c. Law on Property Art. 16, NCC

    Aznar v. Garcia, 7 SCRA 95


    Amos v. Bellis, 20 SCRA 358
    Tayag v. Benguet Consolidated, GR L-23145, Nov. 29, 1968

    d. Forms, Solemnities of Contracts and Wills Art. 17, NCC

    Raytheon v. Rouzie, GR 162894, Feb. 26, 2008

    e. Suppletory Effect of the Civil Code Art.18, NCC

    Llave v. Republic, GR 169766, March 30, 2011


    Zamoramos v. People, GR 193902, June 1, 2011
    Villagracia v. Sharia, GR 188832, April 23, 2014

    B. Human Relations (Art.19-36, NCC)

    (1) Concept of Human Relations


    (2) Principle of Abuse of Rights

    Albenson Enterprises vs Court of Appeals, GR No. 88694, January 11, 1993


    California Clothing, Inc. vs. Quinones, GR No. 175822, October 23, 2013
    Uypitching vs. Quiamco, 510 SCRA 172
    Far East Bank and Trust Company vs. Pacilan, Jr., 465 SCRA 372

    (3) Damnum Absque Injuria

    Amonoy vs. Gutierrez, 351 SCRA 731


    Spouses Custodio vs Court of Appeals, GR No 116100, February 9, 1996
    Nikko Hotel Manila Garden, et al. vs. Roberto Reyes, aka Amay Bisaya, G.R. No. 154259,
    February 28, 2005

    (4) Rule on Breach of Promise to Marry, Not Actionable, Exception

    Hermosisima vs. Court of Appeals, L-14628, September 30, 1960


    Wassmer vs. Velez, L-20089, December 26, 1964
    Gashem Shookat Baksh vs. CA, 219 SCRA 115
    Buñag, Jr. v. Court of Appeals, G.R. No. 101749, July 10, 1992

    (5) Principle of Unjust Enrichment Arts. 22-23

    Tamio vs. Ticson, 443 SCRA 44


    Loria vs Muñoz, G.R. No. 187240, 15 October 2014

    (i) Accion In Rem Verso vs. Solutio Indebiti


    Republic vs. Lacap, GR No. 158253, March 2, 2007
    University of the Philippines vs Philab Industries, GR No. 152411, Sept. 29, 2004
    Willem Beumer vs. Avelina Amores, GR No. 195670, December 3, 2012

    (6) Court’s duty to be vigilant for the protection of the disadvantaged Art. 24, NCC

    Valenzuela vs Court of Appeals, GR No. L-56168, December 22, 1988

    (7) Enjoining thoughtless extravagance Art. 25, NCC

    (8) Respect of rights of others; civil actions for violation Art. 26, NCC

    Concepcion vs Court of Appeals, GR No. 120706, January 31, 2000.


    Spouses Hing vs Choachuy, GR No. 179736, June 26, 2013

    (9) Relief against public officials Art. 27, NCC

    Zulueta vs Nicolas, GR No. 8252, Jan. 31, 1958


    Ledesma vs Court of Appeals, GR No. L-54598, April 15, 1988

    (10) Unfair competition Art. 28, NCC

    Willaware Products Corp vs Jusichris Manufacturing Corp, GR No. 195549,


    Sept. 3, 2014

    (11) Effect of acquittal of the accused in the criminal case on the civil action, Art. 29

    Art. 100, Revised Penal Code


    Section 1(a), paragraph 1, Rule 111, Rules of Court
    Banal vs Tadeo, Jr., 156 SCRA 225
    Lumantas vs Calapiz, GR No. 163753, January 15, 2014

    (12) Quantum of proof required in civil actions arising from crimes, Art. 30, NCC

    (13) Independent civil actions Arts. 31 to 35, NCC

    Art. 2176, NCC


    See Sections 2-3, Rule 111, Rules of Court

    Manliclic vs Calaunan, GR No. 150157, January 25, 2007


    Aberca vs Ver, April 15, 1988, GR No. L-69866
    Vinzonz-Chato vs Fortune Tobacco Corporation, GR No. 141309, Dec. 23, 2008 (Motion
    for Reconsideration)
    Madeja vs Caro, GR L-51183, December 21, 1983

    (14) Prejudicial question, Art. 36, NCC

    Zapanta vs Mendoza, L-14534, February 28, 1962


    Landicho vs Relova, GR No. L-22579, February 23, 1968
    Pimentel vs Pimentel, GR 172060, September 13, 2010
    Apa vs. Fernandez, 242 SCRA 509
    Magestrado vs. People, 527 SCRA 125

    II. Persons, Civil Personality & Citizenship and Domicile, Arts. 37-51, NCC

    A. Persons, Civil Personality, Natural & Juridical Persons, Arts. 37-47

    (1) Capacity (Juridical Capacity & Capacity to Act), Art. 37, NCC

    Catalan v. Basa, GR 159567, July 31, 2007

    (2) Restrictions on capacity to act, Art.38-39, NCC


    (3) Natural Persons Art.40-42, NCC; Survivorship Art 43, NCC

    See Arts. 742, 760, 854, Civil Code

    Geluz vs Court of Appeals, GR No. L-16439, July 20, 1961


    Quimiging v. Icao, 34 SCRA 134
    De Jesus v. Syquia, 58 Phil 866
    Continental Steel v. Montano, GR 182836, Oct. 13, 2009

    Limjoco v. Intestate Estate of Pio Fragante, 80 Phil. 776


    Dumlao v. Quality Plastics, 70 SCRA 472
    Eugenio v. Velez, 185 SCRA 425
    Marcos v. Manglapus, GR 88211, Oct. 27, 1989
    Berot v. Siapno, GR 188944, July 9, 2014
    Valino v. Adriano, GR 182894, April 22, 2014
    Joaquin v. Navarro, 93 Phil 257

    (4) Juridical Persons Art.44-47, NCC

    B. Citizenship & Domicile


    Tolentino, pp.187-214
    1973 & 1987 Constitution on Citizenship; Article 4, Sec. 1-5 1987 Constitution
    Article 2, Sec. 14, 1987 Constitution
    Republic Act 8171 (1995)
    Republic Act 9139, Administrative Naturalization Law, 2000
    See Section 12
    Republic Act 9225, Dual Citizenship Law, 2003
    Political and Public Life (Article 7), Nationality, (Article 9) CEDAW
    General Recommendation No. 23 (1997); General Recommendation No. 21, 9-10
    CEDAW

    Romualdez-Marcos vs. Comelec, 248 SCRA 300


    David vs SET, Mary Grace Poe Llamanzares, GR No. 221538, Sept. 20, 2016

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