P e r s o n s

a n d

F a m i l y

R e l a t i o n s

PERSONS AND FAMILY RELATIONS REVIEWER CIVIL CODE OF THE PHILIPPINES (R.A. 386) Art 1. This Act shall be known as the Civil Code of the Philippines E.O. 48 of March 20, 1947 Roxas Code Commission Dr. George Bacobo (chairman) January 26, 1949 (passed by Congress) Art. 2. Laws shall take effect after 15 days following the completion of theirpublication in the Offic ial Gazette, unless it is oth erw ise provided. ThisCode shall take effect 1 year after publication. Aug. 30, 1950 (took effect) EO 200 (Aquino) laws to be effective must be published either in theOfficial Gazette or in a newspaper of general circulation in the country.(Taada v Tuvera publication not to be in Official Gazette because of its erratic release and limited readership) Intended to enable people to become familiar with the statute Must be in full Publication is an indisp ensa ble re quirem ent, absence of which will render the law ineffective. unless otherwise provided (refers to 15day period, not publication Art. 3. Ignorance of the law excuses no one from compliance therewith. applies only to mandatory and prohibitory laws Art. 4. Laws shall have no retroactive effect, unless the contrary is provided Law looks to the future. Instances when a law may be given a retroactive effect: O When the law expressly provides for retroactivity (insofar as itdoes not prejudi ce or im pair vested or acquired ri ghts in accordance with the Civil Code or other laws) O Curative or remedial(curing defects or adding to the meansof enforcing e xisting ob ligatio ns). RULE: If the irre gula rityconsists in doing some act, or doing it in the mode which thelegislature might have made material by an express law, itmay do so by a subsequent one. O Procedural.(to avoid possible injustice) O Penal in character an d favo rable to the accused. (not a habitual delinquent if w/in 10 years from date of release orlast conviction of a crim e, he is found g uilty of an y said crimes a third time or oftener.) Art. 5. Acts executed against the provisions of mandatory and prohibitorylaws shall be void, except when the law itself authorizes their validity. Mandatory Laws omission of which renders the proceeding or acts towhich it relates generally illegal or void. Example: prescriptive periods Prohibitory Laws

contain positive prohibitions and are couched in thenegative term s im porting that the act requi red shall not be doneotherwise than designated. Example: NO However, if the law e x p r e s s l y p r o v i d e s f o r t h e v a l i d i t y o f a c t s committed in violati on of a m andatory or prohi bitory provision of a statute, such act shall be considered valid or enforceable. Art. 6. Rights may be waived, unless the waiver is contrary to law, publicpolicy, morals or good customs, or prejudicial to a third person with a rightrecognized by law. Waiver intentional relinquishment of a known right; not presumedb u t m u s t b e c l e a r l y a n d c o n v i n c i n g l y s h o w n , e i t h e r b y e x p r e s s stipulation or acts admitting no other reasonable explanation A right to be validly waived, must be in existence at the time of thewaiver, and must be exercised by a duly capacitated person actuallypossessing the right to make the waiver. (presupposes that the partyhas knowledge of its rights, but chooses not to assert them) Art. 7. Laws are repealed only by subsequent ones, and their violation ornonobservance shall not be excused by disuse, or custom, or practice tothe contrar y. When the courts decl are a law to be inconsistent w ith theC o n s t i t u t i o n , t h e f o r m e r s h a l l b e v o i d a n d t h e l a t t e r s h a l l g o v e r n . Administrative or executive acts, orders and regulations shall be valid onlywhen they are not contrary to the laws or the Constitution. Repeal legislative act of abrogating through a subsequent law theeffects of a previous statute or portions thereof. May be either expressor implied. Ar t . 8. Ju dici al d eci sion s a ppl yi n g o r in te rpr et ing th e law s or t h e Constitution shall form part of the legal system of the Philippines. Judicial decisions O although in themselves not laws, assume the same authorityas the statute itself. O Constitute evidence of what the law means. O legis interpretatio legis vim obtinet interpretation placedupon the written law by a com petent court has the force of law O SC decisions authoritative and precedent-setting O Inferior courts decisions and Court of Appeals m e r e l y persuasive O Apiag v Cantero (judge entered into 2 nd marriage without having his first void marriage judicially declared a nullity, not a basis for immorality) at that time, there was no need for judicial declaration of nullity O Wiegel v Sempio Dy case where the Suprem e Court declared that there was a need for a declaration of nullity of avoid marriage. Art. 9. No judge or court shall decline to render judgment by reason of thesilence, obscurity or insufficiency of the laws. Ninguno non deue enriquecerse tortizeramente con dano de otro When the statutes are silent or ambiguous, this is one o f t h o s e fundamental principles which the courts invoke in order to arrive at asolution that would respond to the vehement urge of conscience.

Justice Holmes Do and must legislate to fill in the gaps in the law,because the mind of the legislator, like all human beings, is finite andtherefore c annot envisa ge all p ossible cases to which the law m ayapply. Nor has the human mind the infinite capacity to anticipate allsituations.

Art. 10. In case of doubt in the interpretation and application of laws, it ispresumed that the lawmaking body intended right and justice to prevail. Construction and interpretation come only after it has bee n dem onstrated that applicati on is im possible or inadequate without them. Art. 11. Customs which are contrary to law, public order or public policyshall not be countenanced.Ar t. 12. A c ustom must be proved as a fact, according to the rules o f evidence. Custom rule of cond uct form ed by re petition of acts, uniform lyobserved (practiced) as a social rule, legally binding and obligatory. Juridical custom can suppl em ent statutory law or appli ed in theabsence of such statute. Social custom cant supplement stat law or applied in the absence of statute. Custom, even if proven, cannot prevail over a statutory rule or even alegal rule enunciated by the SC Art. 13. When the law speaks of years, months, days or nights, it shall beunderstood that years are of 365 days each; months, of 30 days; days, of 24 hours; and nights from sunset to sunrise. If months are designated bytheir name, the y shall be computed b y the numbe r of da ys w hich the yrespectively have. In computing a period, the first day shall be excluded,and the last day included. If the extra day in a leap year is not a day of the year, because it is the366 Th day, then to what year does it belong? Certainly, it must belongto the year where it falls and, therefore, the 366 days constitute one y ear. Art. 14. Penal laws and those of public security and safety s h a l l b e obligatory upon all who live or sojourn in the Philippine territory, subject tothe principles of public international law and to treaty stipulations. Citizens and foreigners are subject to all penal laws. Will even attachregardl ess whethe r o r not a fore ign er is m erely sojourning in Phil territory BUT they may however be immune from suit, and therefore cannot be crim inally p rosecu ted in the Philippines in cert ain cases where the Philippine government has waived its criminal jurisdictionover them on the basis of the principles of public international law andtreaty stipulations 1961 Vienna Convention on Diplomatic Relations provided that theperson of the diplomatic agent shall be inviolable and he shall not beliable to any form of arrest or detention. He shall enjoy immunity fromcriminal jurisdiction of the receiving state. Art. 15. Laws relating to family rights and duties, or to the status, conditionand legal capacity of persons are binding upon citizens of the Philippines,even though living abroad. Nationality Rule Tenchavez v Escano the only absolute divorce recognized is one of the alien spouse. Filipino spo use can be said t o have comm ittedconcubinage (husband) or adultery (wife).

Art. 16. Real property as well as personal property is subject to the law of the countr y w here it is situated. How ever, intestate and testamentar ysu ccessi ons, both w ith respect to the order of succession an d to th eamount of successional rights and to the intrinsic validity of testamentaryprovisi ons, shall be regulated b y the national law of the person w hosesuccessi on is under consideration, w hatever may be the natu re of th epr opert y and r egardless of the countr y w herein said propert y ma y b efound. Applicability of National Law of decedent, in intestate or testamentarysuccession, with regard to: O Order of succession O Amount of successional rights O Intrinsic validity of the provisions of the will O Capacity to succeed Article 17. The forms and solemnities of contracts, wills, and other publicinstruments shall be governed by the laws of the country in which they areexecuted. When the acts referred to are executed before the diplomatic orconsular officials of the Republic of the Philippines in a foreign country, thesolemnities establish ed b y Philippine law s shall be observed in theirexecution. Prohibitive laws concerning persons, their acts or property, andthose w hich have for their ob ject public order, public policy and goodc u s t o m s s h a l l n o t b e r e n d e r e d i n e f f e c t i v e b y l a w s o r j u d g m e n t s promulgated, or by determinations or conventions agreed upon in a foreigncountry. Extrinsic validity if act is valid where it is executed, even if said actwont be valid here, will be deemed as valid, nonetheless. Diplom atic and consular offi cials are represent atives of the state,therefore Philippine law should prevail if act is executed bef ore adiplomat, in a foreign country. (basis: by rules of international law,host country where diplomat is assigned, waives its jurisdiction overthe premises of the diplomatic office of another country located in thesaid host country) Ar t. 18. In matters w hich are governed b y the Code o f Commerce andspecial law s, their defi cienc y shall be supplied b y the provisions of thisCode. HUMAN RELATIONS Art. 19. Every person must, in the exercise of his rights a n d i n t h e performance of his duties, act w ith justice, give ever yon e his due, andobserve honesty and good faith. principle of abuse of rights. Codifies the concept of what is justice and fair play so that the abuseof right by a person will be prevented. Elements of abuse of right: There is a legal right or duty O Which is exercised in bad faith O For the sole intent of prejudicing or injuring another O Art. 20. Every person who, contrary to law, willfully or negligently causesdamage to another, shall indemnify the latter for the same.

speaks of the general sanction for all the other provisions of law whichdo not especially provide their own sanction.

Ar t. 21. An y p erson w ho w illfull y cau ses loss or in jur y to another in amanner that is con trar y to morals, good customs or public policy shall compensate the latter for the damage. fill in the countless gaps of the statutes, which leave so many victimsof m oral wro ngs helpl ess, even thou g h they h ave actually suffered material and moral injury. Deals with acts contra bonus mores and has the following elements: There is an act which is legal O But which is contrary to morals, good customs, public order,or public policy O And it is done with intent to injure. O *** Articles 19,20, and 21 are related to each other, and under these articles, anact which causes injury to another may be made the basis for an award of damages.Common Element: act must be intentional. However, art 20 does not distinguish: willfully or negligently * pari delicto in equal fault, in similar offense or crime, equal in guilt or in legalfault. Art. 22. Every person who through an act or performance by another, orany other means, acquires or comes into possession of something at theexpense of the latter without just or legal ground, shall return the same tohim. prevention of unjust enrichment. No person can claim what is not validlyand legally his or hers. Art. 23. Even when an act or event causing damage to anothers propertywas not due to the fault or negligence of the defendant, the latter shall beliable for indemnity if through the act or event he was benefited.Ar t. 24. In all contractu al, propert y or other rela tions, w hen one of thep a r t i e s i s a t a d i s a d v a n t a g e o n a c c o u n t o f h i s m o r a l d e p e n d e n c e , ignorance, indigence, mental weakness, tender age or other handicap, thecourts must be vigilant for his protection. in consonance with what is right and legal. Ar t. 25. Thoughtle ss ex tra vaganc e in expenses for pl easure or displa ydu ring a period of acute public w ant or emergenc y ma y b e stopped b yorder of the courts at the instance of any government or private charitableinstitution. to pre vent inconsid erate and ostentatious activities duri ng tim es of emergency specifically provides for the entities which are given legal standing toseek an injunction: any government or O private charitable institution. O Ar t. 26. Ever y p erson sh all respec t the dignit y, personalit y, priv ac y andpeace of mind of his neighbors and other persons. The ff. and similar acts,though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:1.Pr yi ng into the privac y of another s residen ce2.M eddling w ith or disturbing the private life or famil y rel ations of another3.Intriguing to cause ano ther to be alienated from his friends 4 . V e x i n g o r h u m i l i a t i n g a n o t h e r o n a c c o u n t o f h i s r e l i g i o u s beliefs, lowly station in life, place of birth, physical defect, orother personal condition.

EXPLANATION OF COMMISSION TO INCLUSION OF ART 26 (Protectionof Human Dignity) Sacredness of human personality is a concomitant of everyplan for O human amelioration. The touchstone of every sys tem of laws, of the culture and civilization O of every country, is how far it dignifies man. Ar t. 27. An y p erson su ffering material or moral loss because a publicservant or employee refuses or neglects, without just cause, to perform hisofficial duty may file an action for damages and other relief against thelatter, without prejudice to any disciplinary administrative action that maybe taken.Art. 28. Unfair competition in agricultural, commercial or industrialen terprises, or in labor, through the use of for ce, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shallgive rise to a right of action by the person who thereby suffers damage. JUSTIFICATION by the 1947 Civil Code commission: It is necessary in a system of free enterprise. Dem ocracy O b e c o m e s a v e r i t a b l e m o c k e r y i f a n y p e r s o n o r g r o u p o f persons by any unjust or highhanded method m ay deprive others of a fair chance to engage in business or earn a living. Ar t. 29. W hen the accused in criminal prosecution is acquitted on theground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Suchaction requires onl y a prepond eran ce of evidence. Upon motion of th edefendant, the court may require the plaintiff to file a bond to answer fordamages in case the complaint should be found to be malicious. (2) If in acriminal 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 acquittalis due to that ground. Proof beyond Reasonable Doubt am ount of proof which form s an abiding moral certainty that the accused committed the crime charged.NOT absolute certaint y, BUT such degree of proof is m ore exactingthan what is needed in a civil case, which is: Preponderance of Evidence as a whole, evidence adduced by one side outweighs that of the adverse party. Ar t. 30. W hen a separate civil action is brought to demand civil liabilityarising from a criminal offense, and no criminal proceedings are institutedduring the pendency of the civil case, a preponderance of evidence shalllikewise be sufficient to prove the act complained of. - quantum of evidence still merely preponderance of evidence, even if thecivil action arose from a criminal offense Art. 31. When the civil action is based on an obligation not arising from theact or omission complained of as a felony, such civil action may proceedindependently of the criminal proceedings and regardless of the result of the latter. if civil action arose not from a felony quasi-delict

act or omissionwhich causes damage to another, there being fault or negligence, if there is no pre-existing contractual relation between the parties. Does not provide for an independent civil action. Culpa aquili ana (qu asi delict) havi ng ha d its own foun datio n andin divualit y, separat e fro m crim inal negligence, against quasi-delito(cupla extra-contractual) or criminal negligence Also applies to culpa contra ctual - distinct from crim inal actioninstituted based on criminal negligence. This is governed by Civil Code,and not those of Revise d Penal Code, and it being entirel y separate and distinct from crim inal action, the sam e m ay be instituted an dprosecuted independently of, and regardless of the result of the latter. Ar t. 32. An y public officer or emplo ye e, or an y p rivate individual, w hodirectly or indirectly obstructs, defeats, violates or in any manner impedesor impairs any of the following rights and liberties of another person shallbe liable to the latter for damages: 1.Freedom of Religion 2.Freedom of Speech 3.Free do m to write for he p ress or to maintai n a pe riodic al public ation 4.Free do m fro m arbitra ry or illegal d etentio n 5.Freedom from suffrage 6.The rig ht agai nst deprivati on of pro pe rty without due process of law 7. The right to a just compe nsation when private property is taken for public use 8.The rig ht to equa l protect i on of the laws 9.The right to be secure in ones person, house, papers, and e f f e c t s 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 of any form 15.The right of the accused against excessive bail 16.The ri ght of the accused to be hea rd by hi mself and c ounsel, to be informed of the nature an d cause of the accusation agai nst 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.Fre edo m fro m b eing co mpelled to b e a witness against ones 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 or unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional and 19.Fre edo m of access to the court In any of the cases referred to in this article, whether or not thedefendants act or omissionconstitute a criminal offense, the aggrieved party has a right to commencean entirel y sep arate and distinct civil acti on for damages, and for other relief. Such ci vil action shall proceed in dependentl y or an y

criminal p r o s e c u t i o n ( i f t h e l a t t e r b e i n s t i t u t e d ) , a n d m a y b e p r o v e d b y a preponderance of evidence. The indemnity shall include moral damages.Exemplary damages may also be adjudicated. The responsibility herein setforth is not demandable from a judge unless his act or omission constitutesa violation of the Penal Code or other penal statute. for effective maintenance of democracy for these reasons: in m ost cases, threat to freedom originates from abuses orpower of o government officials and peace offices, most are left wit hout redress because fiscal is overburdened, or cant prosecute a fellow public official (high ranking) quantum of evidence required for a crim inal action is proof beyond o reasonable doubt which often prevents appropriatepunishment. Direct and open violations of the Penal Code trampling uponthe O freedom s nam ed are not so frequent as those subtle, clever and indirect ways which do not come within the pale of the penal law. These, which are not criminally punishable, aregreatest dangers to which democracy clies. respondeat superior principal and agent, or master and servant. Norespondeat superior between superior officers of the military and theirsubordinates. May be directly or indirectly Public accountability Good faith is not a defense. It is enough that there was a violation of the constitutional rights of the plaintiffs and it is not required that defendants should have acted with malice or bad faith. The wrong maybe civil or criminal. To make good faith material is to defeat the mainpurpose of article 32 which is that effective protection of indivi dual rights. Art. 33. In cases of defamation, fraud, and physical injuries, a civil actionfor damages, entirely separate and distinct from the criminal action, mayb e b r o u g h t b y t h e i n j u r e d p a r t y . S u c h c i v i l a c t i o n s h a l l p r o c e e d independently of the criminal prosecution, and s h a l l r e q u i r e o n l y a preponderance of evidence. RATIONALE: to allow the citizen to enforce his rights in a private actionbrought by him, regardless of the action of the State attorney. In ac r i m i n a l p r o s e c u t i o n , t h e c o m p l a i n a n t i s t h e S t a t e . T h e i n j u r e d ind ividual is the one most concerned because it is he who has suffereddirectly. He should be permitted to demand reparation for the wrongwhich peculiarly affects him. Criminal Negligence, not included in the provision. The law penalizesthe negligent act or careless act, but not the result thereof. Art. 34. When a member of a city or municipal police force refuses or failsto render aid or protection to an y person in case of dang er to life orproperty, such peace officer shall be primarily liable for damages, and thecity or municipality shall be subsidiarily responsible therefore. The civilaction herein recognized shall be independent of any criminal proceedingsand a preponderance of evidence shall suffice to support such action.Ar t. 35. W hen a person, claiming to be injured b y a criminal offense, charges another with the same, for which no independent civil action isgranted in this Code or any special law, but the justice of peace finds noreasonable grounds to b elieve that a crime has been committed, or theprosecuting attorney refuses or fails to institute criminal proceedings, thecomplainant may bring a civil action for damages against the allegedo f f e n d e r . S u c h c i v i l a c t i o n s h a l l b e s u p p o r t e d b y p r e p o n d e r a n c e o f evidence. On the defendants motion, the court may require the

plaintiff tofile a bond to indemnify th e defend ant in case the complaint should befound to be malicious. (2)If during th e pen denc y of th e civil action, aninformation shou ld be presented b y the pro secuting attorn e y, the civil action shall be suspended until the termination of the criminal proceedings. Reservatio n of Civil Action. shall be m ade before the prosecutionstarts presenting its evidence and other circumstances affording theoffended p arty a reaso na ble opp ortu nity to m ake such reservation. EXCEPT BP 22 (criminal action for violation of BP 22 shall be deemedto include the corresponding civil action. No reservation to file suchcivil action separately shall be allowed. When separate civil action is suspended. IF criminal action is filedafter the said civil action has already been instituted, the latter shallbe suspended in whatever stage it may be found before judgment onthe merits. The suspension shall last until final judgment is rendered inthe criminal action. BUT, nevertheless, before judgment on the meritsis rendered in the ci vil action, the sam e m ay, upon m otion of theoffended party, be consolidated with the criminal action in the courttrying the criminal action. (shall be tried and decided jointly.) Extinction of penal action does not carry with it extinction of the civil action. O However, the civil action based on delict mayb e d e e m e d e x t i n g u i s h e d i f t h e r e i s a f i n d i n g i n a f i n a l judgment in the criminal action that the act or omission fromwhich the civil liability may arise did not exist. W hen civil action m ay proce ed independentl y shall only req uirepreponderance of evidence. (art 32,33,34 and 2176 of civil code). Inno case however, may the offended party recover damages twice forthe same act or omission charged in the criminal action. Effect of Death on Civil Actions Death of accused after arraignmentwill extinguish civil liability arising from the delict. However, when civilaction m ay proceed i nde pend ently (preceding paragraph), it m aycontinue against the estate or legal representative of the accused afterproper substitution or against said estate, or heirs to substitute thedeceased, and guardian for minor heirs. Judgm ent in civil action not a bar . Absolved defendant in a civilaction, is not a bar to a criminal action against the defendant Art. 36. Prejudicial questions, which must be decided before any criminalprosecution may be instituted or may proceed, shall be governed by therules of court which the Supreme Court shall promulgate and which shallnot be in conflict with the provisions of this Code. Precedence. The general rule is that where both a civil and criminalcase arising from the same facts are filed in court, the criminal casetakes precedence. EXCEPTION: if there is a prejudicial question onethat arises in a case, the resolution of which is a logical antecedent of the issue invol ved the rei n, and t he cogni zance of which pert ains to another tribunal. There are always 2 cases involved, civil and criminal.The criminal case is always suspended because the issues in the civil isdeterminative of the outcome of the criminal case. Two essential elements of a prejudicial question: The civil action involved an issue similar or intimately relatedto the issue raised in O the criminal action The resol ution of such issue determ ined whether or not thecriminal O action may proceed.

PERSONS Civil Personality Art. 37. Juridical capacity, which is the fitness to be the subject of legalrelations, is inherent in ever y natural per son, and is lost onl y through death. Capacity to act, which is the power to do acts with legal effect, isacquired and may be lost. Juridical capacity acquired upon bi rth of a person. *som e cases, even unborn. (art 40,41, 742, 854), and terminated only upon death. Capacity to act is not inherent in a person. Ar t. 38. M inority, insanit y or imbecility, the state of being deafmute,prodigality and civil interdiction are mere restrictions on the capacity toact, and do not exempt the incapacitated person from certain obligations,as when the latter arise from his acts or from property relations, such aseasements. restricts the capacity to act. Ar t. 39. The follow ing circumstances, among others, modify or limitcapaci t y to act: age, insanit y, imbecilit y, the state of being deaf -mute,penalty, prodigality, family relations, alienage, absence, insolvency andtrusteeship. The consequences of these circumstances re governed in thisCode, other codes, the Rules of Court, and in special laws. Capacity to act isnot limited on account of religious belief o r political opinion. A marri edwoman, 21 years of age or over, is qualified for all acts of civil life, exceptin cases specified by law. broader in scope than art 38, but enumerates situations which merelumodify the capacity to act.*** SIGNIFICANCE OF ART 3 8 and 39 Make an overview of the situation thatqualifies a persons power to undertake acts which can produce legal effects. Natural Persons Ar t. 40. Bir th determines personalit y; but th e conceived child shall beconsidered born for all purposes that are favorable to it, provided it be bornlater with the conditions specified in the following articleArt. 41. For civil purposes, the foetus is considered born if it is alive at thetime it is completely delivered from the mothers womb. However, if thefoetus had an intra-uterine life of less than 7 months, it is not deemed bornif it dies w ithin 24 hours after its co mplete deliver y from the matern al womb. Geluz v CA cant invoke provisional personality of a conceived c h i l d t o o b t a i n d a m a g e s f o r a n d o n b e h a l f o f a n a b o r t e d c h i l d consideri ng that art 40 and 41 were not m et. BUT the parents can obtain damages in their our right against the doctor who caused the abortion on account of distress and anguish attendant to its loss and disappointment of their parental expectation. BIRTH CERTIFICATE b e s t e v i d e n c e o f t h e f a c t o f b i r t h . O n c e registered with the office of the local civil registrar, it becomes a public d o c u m e n t . E n t r i e s a r e o n l y p r i m a f a c i e e v i d e n c e o f t h e f a c t s contained therein. This is strictly confidential, and the contents cant berevealed except in the cases provided by law. *** They still maintaintheir nature as public documents, because, following the proper legalprocedure, they can be obtained by those interested therein.

Non-disclosure of Birth Records: Except upon request of anyof the ff: Person himself, or any person authorized by him His spouse, pare nt/s, his direct descendants, orguardian or institution legally in charge of him if heis a minor The court or proper public official whenever needed i n a d m i n i s t r a t i v e , j u d i c i a l o r o t h e r o f f i c i a l proceedings to determine the identity of the childsparents or other circumstances surrounding his birth In case of persons death, the nearest of kin. O Ar t. 42. Civil Personalit y i s extinguished b y death. Th e effect upon therights and obligations of the deceased is determined by law, by contractand by will. Death Certificate: The office of the local civil registrar of a municipalityor a city m ust also have in its custody the de ath certificated of the persons who died in its locality. The rights and obligations of a dead person can still be regulated bycontract, will or the law. Art. 43. If there is doubt, as between 2 or more persons who are called tosucceed each other, as to which of them died first, whoever alleges thedeath of one prior to the othe r, shall prove th e same; in the absence of proof, it is presumed that they died at the same time and there shall be notransmission of rights from one to the other. Proof of death must be established by positive evidence. It can neverbe established from mere inference arising from another inference orfrom presumptions and assumptions. (Juaquin v Navarro son died before mom during Japanese shootings) Juridical Persons Art. 44. The ff. are juridical persons: 1. The state and its political subdivisio ns 2 . O t h e r c o r p o r a t i o n s , i n s t i t u t i o n s a n d e n t i t i e s f o r p u b l i c i n t e r e s t o r purpose, created by law, their personality begins as soon as they havebeen constituted according to law3 . C o r p o r a t i o n s , p a r t n e r s h i p s a n d a s s o c i a t i o n s f o r p r i v a t e i n t e r e s t o r purpose to which the law grants a juridical personality, separate anddistinct from that of each shareholder, partner or member. Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding articleare governed by the laws creating or organizing them. Private corporationsare regulated by laws of general application on the subject. Partnerships and associations for private intere st or purpose are govern ed b y theprovisions of this Code concerning partnerships (36 and 37a)Art. 46. Juridical persons may acquire and possess property of all kinds, aswell s incur obligations and bring civil or criminal actions, in conformitywith the laws and regulations of the organization. Juridical Person is a being of leg al e xistence susceptible of rights and obligations, or of being the subject of juridical relations. As a fundamental rule, the State cannot be sued without its consent. Political subdivisions

municipal corporations, provinces, cities andmunicipalities. Municipal corporations exist in dual capacity. They exercise the right springing from sovereignty They exercise private, proprietary or corporate right,arising from their existence as legal persons, and notas public agencies. Corporations (government) are governed by BP 68, aka CorporationCode of the Philippines. (effective May 1, 1980) Partnership 2 or more Distinct Personality and Exceptions: Corporations, partnerships andassociations for private interest and purpose may be granted by law a juridical personality, separate and distinct from that of e a c h shareholder, partner or member. Example: Obligation of corp is notobligation of stockholder, and vice versa. O Art. 47. Upon the dissolution of corporations, institutions and other entitiesfor public interest or purpose mentioned in No. 2 of Art 44, their propertyand 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 andoth er assets shall be applied to similar purposes for the ben efit o f ther egion, province, cit y or municipality w hich during the existence o f theinstitution derived the principal benefits from the same.Citizenship and DomicileArt. 48. The following are citizens of the Philippines 1. Those who were citizens of the Philippi nes at the tim e of the adoptionof the Constitution of the Philippines2 . T h o s e b o r n i n t h e P h i l i p p i n e s o f f o r e i g n p a r e n t s w h o , b e f o r e t h e adoption of said Constitution, had been elected to public office in thePhilippines3.Those whose fathers are citizens of the Philippines 4 . T h o s e w h o s e m o t h e r s a r e c i t i z e n s o f t h e P h i l i p p i n e s a n d , u p o n reaching the age of majority, elect Philippine citizenship5.Those who are naturali zed in accordance with law.

Art. 49. Naturalization and the loss and reacquisition of citizenship of thePhilippines are governed by special laws.A r t . 50. For the exercise of civil rights and the f u l f i l l m e n t o f c i v i l obligations, the domicile of natural persons is the place of their habitualresidence. Domicile denotes a fi xed perm anent residence to which, whenabsent, one has the intention of returning. Domicile is residence coupled with the intention to remain foran unlimited time. O Residence O used to indicate a pl ace of abode, whether permanent or temporary. One may have many residences, but only one domicile. O A minor follows the domicile of his parents Dom icile of origin can onl y be lost and a change of dom icile occurs when the following requisites are present: An actual removal or an actual change of domicile O A bona fide intention of abandoni ng the form er place of residence O establishing a new one

Acts which correspond with the purpose. O Unde r the Fam ily Cod e, the husband and wife shall fi x the fam ilydomicile. In case of disagreement, the Court shall decide. Art. 51. When the law creating or recognizing them, or any other provisiondoes not fix the domicile of juridical persons, the same shall be understoodto be the place where their legal representation is established or wherethey exercise their principal functions. Jus Sanguinis citizenship by blood Jus Soli refers to citizenship on the basis of the place of birth Acquisition of Citizenship: governed by CA 473, as amended. Qualifications O Not be less than 21 on day of hearing of petition Must have resided in Phil for a continuous period of not less than 10 years Good moral character and believes in the principlesof Consti. Proper conduct and irreproachable manner d u r i n g r e s i d e n c e i n P h i l i n h i s r e l a t i o n w i t h constituted govt. as well as with comm unity hes living M u s t o w n r e a l e s t a t e i n P h i l w o r t h n o t l e s s t h a n P5,000.00, Phil currency, or must have some known lucrative trade, professions or la wfu l occupation. (under present consti, no alien may own land except through hereditary succession) Able to speak and write in English or Spanish and any one of the principla Philippine languages Must have enrolled his minor children of school age,in any public or pri vate school recogni ze d by th e Office of Private Education of the Philippines Special Qualifications (1o years continuous residence may bereduced to 5 years) if: Honorably held office Established a ne w i ndustry or introduced a usefulinvention in the Phil Being married to a Filipino woman Engaged as a teacher in Phil in a public or recognized p r i v a t e s c h o o l n o t e s t a b l i s h e d f o r e x c l u s i v e instruction of children of p ersons of a p articularnationality or race, in any of the branches of educ orindustry for a period of not less than 2 years Born in the Philippines Who are disqualified O Opposed to o rga nized g ovt or affiliated with anyassociation who uphold or teach doctrines opposingall organized govts. D e f e n d o r t e a c h t h e n e c e s s i t y o r p r o p r i e t y o f violence, personal assault, or assassination for thesuccess and predominance of their ideas Polygamists or believers in practice of polygamy Convicted of crimes involving moral turpitude S u f f e r i n g f r o m m e n t a l a l i e n a t i o n o r i n c u r a b l e contagious diseases Duri ng resid ence, has not m ingled sociall y with Filipinos, or who have not evinced a sincere desire tolearn and embrace all customs, traditions, and idealsof Filipinos Citizens of nations with whom (US and) the Phil areat war, during the period of war

Citizens of foreign (other than US), whose laws donot grant Filipinos the ri ght to becom e naturali zed citizens or subject thereof. Loss of Citizenship Naturalization in foreign country O Express renunciation of citizenship O Oath of allegiance to support consti of foreign upon being 21y/o. Provided, may O not divest himself of Phil citizenship in anymanner while RP is at war with any country Render service, or accept commission in the armed forces O of f o r e i g n . P r o v i d e d , s h a l l n o t d i v e s t a F i l i p i n o o f a P h i l citizenship if: RP has a defensive and/ or offensive pact of alliance wit h forei gncountry Said foreign country m aintains arm ed forces on Phil territory wit hconsent of RP. Provided: He states that he does so only in connection with his serviceto said foreign country O Render service under any circumstances mentioned in par aand b, shall not O be perm itted to participate or vote in any election of RP during period of service or commission in thearmed forces of said country cancellation of certificate of naturalization declared by com petent authority a deserter of Phil armed forces in time of war, unless plenary pardonor amnesty granted i n c a s e o f a w o m a n , u p o n h e r m a r r i a g e t o a foreigner if by virtue of laws in force in her husbandscountry, she acquires his nationality. Reacquisition of Citizenship O B y n a t u r a l i z a t i o n . P r o v i d e d , h e d o e s n t h a v e a n y o f t h e disq ualifications prescribed. Repatriation of deserters of army, navy or air corps. Provided,wom an who O lost her citizenship by reason of m arriage withalien, be repatriated after termination of marital status By direct act of the Congress of the Philippines O