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Civil Personality, De Facto Separation #, Marriage Art. 1, FC. Marriage…

- - - - If both under 15y.o., the older survived
      - If both were above 60y.o., the younger survived.
      - If one is under 15y.o. and the other is above 60y.o., the younger survived.
      - If both are over 15 and under 60, with different sexes, the male survived; if sex is the same, the older survived.
      - If one is under 15y.o. or over 60y.o., and the other is between those ages, the latter survived.
- - - - Fitness to be the subject of legal relations
      - Inherent in every natural person
      - Lost only through death
      - Inherent and ineffaceable attribute of man; attached to him by the mere fact of his being a man
    - - Power to do acts with legal effect
      - Acquired and may be lost
      - Subject to certain restrictions
      - Conditional and variable, it is acquired and may be lost
      - Art. 38, 39, CC. Restrictions/Limitations to Capacity to Act
        
        Minority
        
        RA 6809
        Age of majority is lowered to eighteen (18) years old from twenty-one
        
        Effect on Contracts
        
        Art. 1327, CC. Minors cannot give consent to a contract.
        
        Art. 1390 (1), CC. If one of the parties to a contract is a minor, the contract is voidable.
        
        Art. 1403 (3), CC. If both parties are minors, the contract is unenforceable.
        
        Art. 1397, CC. Persons who are capable cannot allege the incapacity of the other party.
        
        Art. 1399, CC. The minor is not obliged to make restitution except insofar as he has been benefited.
        
        Arts. 1426-7, CC. When an 18-21 y.o. minor, w/o consent of parent or guardian enters into a contract, they are not obliged to return the amount to the minor.
        
        Art. 1489, CC. Necessaries must be sold and delivered to a minor despite not having the legal capactiy to act.
        
        Mercado v. Espiritu. If there is active representation by the minor that they are of legal age, the contract is valid.
        
        Branganza v. Villa Abrille. If there is only passive representation of the minors, the contract is not valid. Hence, partially void.However, they must pay restitution of the profit they received.
        
        Bambalan v. Maramba. Contract is void because there was no misrepresentation of the minor's age happened. Plus there was undue influence and intimidation that were exerted on the minor to sell.
        
        Effect on Marriage
        
        Art. 35 (1), FC. Any marriage contracted by a minor is void.
        
        Art. 5, FC. Any person above 18y.o., may contract marriage as long as they comply with Arts. 37 and 38 of the FC.
        
        Effect on Crimes
        RA 9344
        
        Section 6.
        
        A child 15y.o. or below are exempt from criminal liability, but they shall undergo an intervention program.
        
        A child between 15-18y.o. are exempted from criminal liability but shall be subjected to an intervention program, unless they acted with discernment, in which case shall be susceptible to criminal liability but with mitigating circumstance.
        
        Exemption from criminal liability does not include exemption from civil liability.
        
        Section 7.
        
        Enjoy presumption of minority
        
        Those who contest, shall have the burden of proof to prove the child's age
        
        Officers of the law shall exhaust all means in determining the age of the child
        
        Section 20.
        
        If a child of 15y.o. or under has been apprehended, then they must release the child into the custody of the neareest relative.
        
        Section 57. If not punished when done by an adult, then it is not punishable when done by a child.
        
        Section 58. Persons below 18y.o. are exempted from prosecution for vagrancy, prostitution, mendicancy, and sniffing of rugby.
        
        Section 59. No death penalty shall be imposed on children in conflict with the law.
        
        Insanity
        
        Effect on Contracts
        
        Art. 1327, CC. Insane persons cannot give consent to contracts.
        
        Art. 1328, CC. Contracts entered into during a lucid interval are valid.
        
        Art. 1399, CC The incapacitated person is not obliged to make any restitution except insofar as he has been benefited.
        
        Effect on Marriage
        
        Art. 45 (2), FC. Marriage is voidable if either party was of unsound mind at the time of the marriage.
        
        Effect on Crimes
        
        Art. 12 (1), RPC. Insane persons are EXEMPT from criminal liability unless they acted during a lucid interval.
        
        Prodigality
        
        Rule 92, Section 2, RoC. Meaning of the word 'incompetent' – Includes persons suffering the penalty of civil interdiction; hospitalized lepers; prodigals; deaf and dumb people who are unable to write; of unsound mind, even with lucid intervals; of unsound mind but by age, disease, weak mind - people who can't take care of themselves and manage their property by themselves, therefore making themselves an easy prey for deceit and exploitation.
        
        Martinez v. Martinez
        To make a person legally unfit to run his own affairs, his acts of prodigality must show:
        
        A morbid mind; and
        
        A tendency to spend or waste the estate so as to expose the family to want or deprive the forced heirs of their inheritance
        
        Art. 34, RPC. Civil interdiction
        deprives the offender of the ff rights:
        
        Parental authority
        
        Guardianship as to the person or property of any ward
        
        Marital authority
        
        Management of his property
        
        Dispose of his property
        
        Art. 135 (1), FC. Sufficient cause for judicial separation of property when the spouse of the petitioner has been sentenced to a penalty which carries civil interdiciton
        
        Art. 142 (3), FC. Administration of all classes of exclusive property may be transferred to the other spouse when one spouse is sentenced to a penalty which carries civil interdiction
        
        Family relations
        
        Effect on Marriage
        
        Art. 37, FC. Incestuous marriages between ascendants and descendants; between brothers and sisters, whether full or half-blood, are void.
        
        Art. 87, FC. Donations between spouses and common-law partners are void, except if they are moderate.
        
        Art. 215, FC. No descendant shall be compelled to testify against their parents or grandparents, unless indispensable.
        
        Effect on Crimes
        
        Art. 11(2), RPC. Justifying circumstances – Defense of relatives shall incur no criminal liability.
        
        Art. 13(5), RPC. Mitigating circumstances – Act was done to immediately vindicate a grave offense to the offender's relatives.
        
        Effect on Prescription
        
        Art. 1109, CC. Prescription does not run between husband and wife.
        
        Effect on Property Relations
        
        Art. 1490, CC. Husband and wife cannot sell property to each other except:
        
        Separation of property was agreed upon in marriage settlements
        
        When there has been a judicial separation of property.
        
        State of being deaf-mute
        
        Art. 1327, CC. Deaf-mutes cannot give consent to contract.
        
        Art. 807, CC. If the testator is a deaf-mute, he must personally read the will. If unable, he must designate two persons to read it and communicate to him the contents thereof.
        
        Art. 820 CC. Deaf-mutes can't be witnesses to a will.
        
        Absence
        
        Arts. 390-1, CC. Except for purposes of succession, an absentee shall be presumed dead if gone for seven years.
        If for succession, an absence of ten years will suffice. If older than 70yo, absence of five years will suffice.
        
        Presumed dead for all purposes, min. of 4 years absence:
        
        People aboard a vessel lost during sea voyage, missing airplane
        
        Armed forces who has taken part in war
        
        In danger of death under diff. circumstances
        
        Tadeo-Matias v. Republic. Articles 390 and 391 of the Civil Code merely express rules of evidence.
        
        Art. 41, FC. Present spouse may contract marriage when they have well-founded belief that absent spouse is already dead. They must institute a summary proceeding for the declaration of presumptive death of the absent spouse.
        
        Art. 42, FC. Subsequent marriage in 41 shall be terminated by the affidavit of reappearance of the absent spouse unless it is void ab initio.
        May be filed by any interested person.
      - Standard Oil Co. v. Arenas. Capacity to act is presumed unless previously declared by the court.
- - - - Male and Female
        
        Rule 108, RoC. – Cancellation or Correction of Entries in the Civil Registry
        
        RA 9048, Sec. 5. No correction of entry re date of birth or sex shall be given to a person who is not able to present a certificates that states they have not undergone any sex change of sex transplant.
        
        Silverio v. Republic. Silverio was not allowed to change her sex registered in the civil registry because there was no law that dictated the procedure.
        
        Republic v. Cagandahan. Cagandahan was allowed to change his sex because he was naturally intersex. The law states that a person may correct their registry proven that they did not undergo any unnatural process in the sex change.
        
        Rule 103, RoC. – Change of Name
        
        Obergefell v. Hodges. Marriage is a fundamental right protected by the Due Process Clause. The four principles underpinning the protection of the right to marry apply equally to opposite and same-sex couples: Personal autonomy, Marriage supports a two-person union, Marriage safeguards children and families, and Marriage is a keystone of the nation.
        
        Falcis v. Civil Registrar. The gap in the law re same-sex marriage is an issue to be discussed by the Congress instead of the Court.
      - Minimum Age of Marriage
        
        Eigenmann v. Guerra. Eigenmann misrepresented himself as legally capacitated when he married Guerra. And when he wanted to nullify his marriage, the Court estopped him from doing so. Guerra said that his mother gave implicit consent to their union when she attended their wedding.
    - - Art. 4, FC. Absence of any of the formal or essential requisites shall render the marriage void ab initio.
        Defects in the essential requisites shall render the marriage voidable.
        Irregularities in the formal requisites shall sustain the validity of the marriage but person accountable for irregularity will be held criminally, civilly, administratively liable.
        
        People v. Santiago. Santiago raped Felicita and then proceeded to marry her to get rid of criminal liability. The Court held that their marriage was void because of the absence of Santiago's intent to marry Felicita.
      - Art. 45 (3), FC. Marriage may be annulled when the consent of the party was obtained through fraud. Unless, after knowing of the deceit, the innocent spouse continues to cohabit.
        
        People v. Albios. Albios was denied her petition for declaration of nullity because she has made a mockery of the institution of marriage. The Court held that there was no fraud in the marriage because both had conspired to enter into the sham marriage.
  - - - Art. 7, FC.
      - Art. 8, FC.
      - Art. 10, FC.
      - Art. 31, FC.
      - Art. 32, FC.
      - Art. 35 (2), FC. Marriage is invalid without the authority of the solemnizing officer except when both parties believed it was contracted in good faith.
      - Art. 3, CC.
    - - Art. 9-34, FC.
      - PD 965.
      - RA 10354, Sec. 15.
      - RA 10354, Sec. 23(d).
    - - Art. 6, FC.
      - Art. 8, FC.
      - Art. 28, FC.
      - Art. 29, FC.
      - Art. 22-24, FC.
- - - - Muñoz v. del Barrio. Petitioner must prove the undeniable intent to kill of the accused. Legal separation was not granted by the Court.
    - - People v. Zapata and Bondoc. Adultert is not a continuous crime. It is committed every time a person has sex with another that is not their spouse.
      - Gandionco v. Peñaranda. No criminal proceeding or conviction is necessary for the action for legal separation to prosper.
      - Dela Cruz v. Dela Cruz. Husband was accused of concubinage but it did not stick. Mere physical separation does not constitute abandonment. For desertion to constitute abandonment, there must be absolute cessation of marital duties and rights with intention of perpetual separation. Husband in this case did not fail to support his family despite his distance.
  - - - Ong Eng Kiam v. Ong. Legal separation was granted by the Court because repeated physical abuse was proven by the petitioner.
    - - Lapuz v. Eufemio. Carmen’s death extinguished the claim for nullity of marriage. Action for legal separation is purely personal even if property relations are involved.