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DR. VICENTE ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION

COLLEGE OF LAW I. PRELIMIN
A. Effect an
Taña
Taña
1. E.O. N
Kasil
PNB
Friva
B. Conflict
1. Nation
CASES ON 2. Domic
3. Genera
4. Territo
CIVIL LAW REVIEW 1 5. Lex Lo

6. Lex Sit
Rayt
Micia
Azna
C. Human R
Prepared by: Claris
LAW 4-A Nikko
AKA
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12/2/2019 Leading Cases-on-Civil-Law-Review-1.docx | Jurisdiction | Lawsuit
A.K.A
Search   Separate
 C
First Semester, A.Y. 2019-2020 Sapie
Prejudicial
Imeld
Related titles D. Persons
1. Juridic
2. Capac
3. Natura
4. Juridic
Philip
N.A.
I. Presump
ANGE
Sonia F. Alland v. Southwestern China Chang Courtney Wilson & Zelman v. Gregg, Comics and
Consumers Cre… University Case… Jiang Energy… Taylor Guerrero… 16 F.3d 445, 1st… Compliance…
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II. FAMILY RELATIONS (Executive Order No. 209) Isidro
A. Marriages Art. 40

Silverio vs. Republic of the Philippines ……………………………………………13 Socia
Susa
1. Requisites of Marriage Imeld
Abbas vs. Abbas ………………………………………………………………………….14
Beso vs. Daguman ……………………………………………………………………….15 Art. 41
Navarro vs. Domagtoy ………………………………………………………………….16 Repu
People vs. Santiago ……………………………………………………………………..17 Celer
2. Marriages Exempt from License D. Property

3. Marriages of Filipinos with Foreigners 3. Absolu
Corpuz vs StoTomas & Solicitor General 17 a What c
Corpuz vs. StoTomas & Solicitor General ………………………………………. 17 a. What c
Noveras v. Noveras……………………………………………………………………….18 Muno
Vda. De Catalan vs.Search 
Catalan-Lee ……………………………………………………19  
Norman A. Del Socorro/ Roderigo Norjo Van Wilsen vs. Charges
Ernst Johan Brinkham Van Wilsem ………………………………………………..20 Fuen
Fujiki vs. Marinay ………………………………………………………………………..21
Ownersh
4. Void and Voidable Marriages Cons
Related Article
titles 34
Santiago v. People ……………………………………………………………………..22 4. Conjug
OCA vs. Necessario …………………………………………………………………….23 Beum
Article 35 Exclusive
Capili v. People ………………………………………………………………………….23 Conjugal
Montanez v. Cipriano ………………………………………………………………….24 Charges
Garcia-Quiazon v. Belen ……………………………………………………………..24 Ague
Pana
5. Article 36 Incapacity
Psychological Administ
Aurelio vs. Aurelio ……………………………………………………………………….25 Flore
Pimentel v. Pimentel …………………………………………………………………...25
Republic v. Encelan …………………………………………………………………….26 Dissolutio
Valerio E. Kalaw v. Ma. Elena Fernandez ……………………………………….28 Liquidatio
Dino v. Dino ……………………………………………………………………………….28 Corn
Marietta N. Barrido v Leonardo v. Nonato ……………………………………..29 Quia
Mendoza vs. Republic ………………………………………………………………….30 Heirs
Hernandez vs. Court of Appeals ……………………………………………………31
7. Proper
Art. 38 Virgi
Vda. De Carungcong v. People …………………………………………………….32 Vent
Soled
Art. 39

CIVIL LAW
III. FAMILY
I. PRELIMINA
A. Family and Family Home (Article 152-162)
Fortaleza vs. Lapitan ………………………………………………………………..48
De Mesa v. Acero …………………………………………………………………….49 A. EFFECT AND APP
Eulogio v. Bell ………………………………………………………………………….50
B. Paternity and Filiation (Articles 163-182) LORENZO M. TAÑADA, vs. HON. JUAN
1. Legitimate Children 1985)
2. Proof of Filiation
3. Illegitimate Children FACTS: Invoking the people's right to be in
4. Legitimated Children right recognized in Section 6, Article IV o
Perla v Baring ………………………………………………………………………….51 well as the principle that laws to be valid an
Official Gazette or otherwise effectively p
Rodolfo Ocampo
Virginia S. Aguilarv.v.Deogracio
Edna G. Siasat
Ocampo…………………………………………. 52
………………………………………53 mandamus to compel respondent public
Jesse U. Lucas v. Jesus S. Lucas ……………………………………………….54 publication in the Official Gazette of va
Grande v. Antonio ……………………………………………………………………55 instructions, general orders, proclama
i l t ti d d i i t ti d
implementation and administrative orders.
V. SUPPORT (Articles 194-208 NCC) The respondents, through the Solicitor Ge
Search
Lim Lua vs. Lua ……………………………………………………………………….56  
outright on the ground that petitioners

bring the instant petition. The view is s
ha
Calderon v. Roxas, Jose Antonio & CA ……………………………………….58
showing that petitioners are personally and
VI. PARENTAL AUTHORITY alleged non-publication of the presidential
Uy. vs. Spouses Lacsamana ……………………………………………………..59 are without the requisite legal personality
Go Bangayan vs. Bangayan ……………………………………………………..60 they are not being "aggrieved parties" with
Becket vs. Sarmiento ………………………………………………………………61 the Rules of Court.
Related titles Upon the other hand, petitioners maintain
concerns a public right and its object is t
duty, they need not show any specific inte
course.
ISSUES:
Whether the petitioners have legal standin
public right)
Whether publication in the Official Gazette
laws where the laws themselves provide fo
RULING: The interpretation given by res

construction of said article. In a long line
publication in the Official Gazette is necess
Sonia F. Alland v. Southwestern China Chang Courtney Wilson & Zelman v. Gregg,
itself does not provideComics and
for its effectivity d
Consumers Cre… University Case… Jiang Energy… Taylor Guerrero… 16 F.3d 445, 1st…
material for determiningCompliance…
its date of effectiv
its publication-but not when the law itself
effect.
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CIVIL LAW
Respondents' argument, however, is logically correct only insofar as it effective immediately upon its approval not
equates the effectivity of laws with the fact of publication. Considered in the light of after an unreasonably short period after pu
other statutes applicable to the issue at hand, the conclusion is easily reached that not aware of it would be prejudiced as a re
other statutes applicable to the issue at hand, the conclusion is easily reached that not aware of it would be prejudiced as a re
said Article 2 does not preclude [prevent] the requirement of publication in the of a failure to comply with it but simply bec
Search 
Official Gazette, even if the law itself provides for the date of its effectivity.
The clear object of the above-quoted provision is to give the general public
Significantly, this is not true only of penal la

think of many non-penal measures,  like a
adequate notice of the various laws which are to regulate their actions and conduct communicated to the persons they may affe
as citizens. Without such notice and publication, there would be no basis for the We hold therefore that all statutes
application of the maxim "ignorantia legis non excusat." It would be the height of private laws, shall be published as a conditi
injustice to punish or otherwise burden a citizen for the transgression of a law of fifteen days after publication unless a di
which he had no notice whatsoever, not even a constructive one. legislature.
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The Court therefore declares that presidential issuances of
application, which have not been published, shall have no force and effect.
general Covered by this rule are presid
promulgated by the President in the exerc
same are validly delegated by the legislatu
the Constitution. Administrative rules and
LORENZO M. TAÑADA v. HON. JUAN C. TUVERA (G.R. No. L-63915, December their purpose is to enforce or implement
29, 1986) delegation.
Interpretative regulations and those
The categorical statement by this Court on the need for publication before any law be regulating only the personnel of the adm
made effective seeks to prevent abuses on the part of the lawmakers and, at the need not be published . Neither is public
time, ensure to the people their constitutional right to due process and to information of instructions issued by administrati
on matter of public concern. guidelines to be followed by their subordina
The petitioners are now before us again, this time to move for
You're Reading a Preview
Accordingly, even the charter of a
that it applies to only a portion of the natio
reconsideration/clarification
reconsideration/cl arification of that decision. inhabitants of that place. All presidential
"ART. 2. Laws shall shall take effect after fifteen days following the completion of Upload your
even, documents
say, those to and
naming a public downlo
place afte
Sonia F. Alland v. Southwestern China Chang Courtney Wilson & Zelman v. Gregg, Comics
their publication in the Official Gazette, unless it is otherwise provided. This from certain prohibitions or requirements.
ConsumersCode Cre… University Case… Jiang Energy…
shall take effect one year after such publication."
Taylor Guerrero… 16 F.3d 445, 1st… Compliance…
Board must be published if they are meant
After a careful study of this provision and of the arguments of the parties, both on ORBank Act which that
details" of the Central
the original petition and on the instant motion, we have come to the conclusion, and However, no publication is req
so hold, that the clause "unless it is otherwise provided" refers to the date of say, the Minister of Social Welfare on
effectivity and not to the requirement of publication itself, itself, which cannot inBecome for a Scribd
adoption or member
the rules laidfor
downfull
by ac
the
any event be omitted. This clause does not mean that the legislature may make assignments or workload of his personn
the law effective immediately upon approval, or on any other date, without its Your first 30
Parenthetically, days are
municipal free. a
ordinances
previous publication. the Local Government Code .
Publication is indispensable in every case, but the legislature may in its We agree that the publication mu
discretion provide that the usual fifteen-day period shall be shortened or extended. since its purpose is to inform the public of
An example, as pointed out by the present Chief Justice in his separate concurrence pointedContinue for Free
out by the petitioners, the mere me
in the original decision, 6 is the Civil Code which did not become effective after fifteen decree, the title of such decree, its where
days from its publication in the Official Gazette but "one year after such publication." the supposed date of effectivity, and in a m
The general rule did not apply because it was "otherwise provided." cannot satisfy the publication requirement.
It is not correct to say that under the disputed clause publication may be
dispensed with altogether. The reason is that such omission would offend due
process insofar as it would deny the public knowledge of the laws that are supposed
to govern it. Surely, if the legislature could validly provide that a law shall become

CIVIL LAW
PHILIPPINE NATIONAL BANK vs. OF

E.O. 200 104528, January 18, 1996)
E.O. 200
FACTS: Private respondents were buyers
MARCIAL KASILAG vs. RAFAELASearch
RODRIGUEZ, URBANO ROQUE, SEVERO 
MAPILISAN and IGNACIO DEL ROSARIO (G.R. No. 46623, December 7, 1939)

Marikina Village, Inc. Notwithstanding the
over said lots, the subdivision developer
FACTS: Marcial Kasilag and Emiliana Ambrosio entered a contract of mortgage of petitioner, Philippine National Bank. Unawa
improvements of land acquired as homestead to secure the payment of the duly complied with their obligations as lot b
indebtedness of P1,000 plus interest. The parties stipulated that Emilina Ambrosio the lots in question.
was to pay the debt with interest within 4 ½ years., and in such case, mortgage
Subsequently, the subdivision dev
Related titles
would not have any effect. They also agreed that Emiliana Ambrosio would execute a
deed of sale if it would not be paid within 4 ½ years and that she would pay the tax the mortgage. As highest bidder at the fore
on the land. After a year, it turned out that she was not able to pay the tax. Hence, the lots.
they entered a verbal agreement whereby she conveyed to the latter the possession Acting on suits brought by pr
of the land on the condition that they would not collect the interest of the loan, would consolidated), the HLURB Office of Appeals
attend to the payment of the land tax, would benefit by the fruits of the land, & ruled that PNB - without prejudice to seeki
would introduce improvement thereof. may collect from private respondents o
These pacts made by the parties independently were calculated to alter the
mortgage a contract clearly entered into, converting the latter into a contract of accordance with the land purchase agreem
antichresis. The contract of antichresis, being a real encumbrance burdening the with" Marikina Village, Inc., and cannot com
land, is illegal and void because it is legal and valid. again for the lots they had already bought f
ISSUE: W/N the petitioner should be deemed the possessor of the land in good faith
You're
ISSUES:
Reading a Preview
because he was unaware of any flaw in his title or in the manner of its acquisition by 1. Whether PD 957 can have retroactive ap
Sonia F. Alland
which v. Southwestern
it is invalidated China Chang Courtney WilsonUpload your
& Zelman documents
v. Gregg,
2. Whether Comics
Petitioner bank’s to downlo
and
defense of bei
RULING: Yes. From the facts found established by the Court of Appeals we can RULING: 1. Yes. While P.D. 957 did not
neither deduce nor presume that the petitioner was aware of a flaw in his title or in OR
the manner of its acquisition, aside from the prohibition contained in section 116. entirety, yet the same can be plainly inferr
This being the case, the question is whether good faith may be premised upon law to protect innocent lot buyers from
ignorance of the laws. Become a Scribd
between these member forand
small lot buyers fullthe
acg
Gross and inexcusable ignorance of law may not be the basis of good faith, developers deal with, it is obvious that the
but possible, excusable ignorance may be such basis. It is a fact that the petitioner is Yourfavors
must firstthe30weak.
daysIndeed,
are free.
the pet
not conversant with the laws because he is not a lawyer. In accepting the mortgage
of the improvements he proceeded on the well-grounded belief that he was not resources with which it could adequately pr
violating the prohibition regarding the alienation of the land. In taking possession presumed to have conducted the usual "d
thereof and in consenting to receive its fruits, he did not know, as clearly as a jurist Continue
(whether for Freeor other m
thru ocular inspection
does, that the possession and enjoyment of the fruits are attributes of the contract of condition, utilization and occupancy of the
antichresis and that the latter, as a lien, was prohibited by section 116. These not have been unaware that the property h
considerations again bring us to the conclusion that, as to the petitioner, his the other hand, private respondents obv
ignorance of the provisions of section 116 is excusable and may, therefore, be the
basis of his good faith. attempt of the land developer to hypothec
was precisely in order to deal with this kind
its very essence and intendment being to p

CIVIL LAW REVIEW | 1st
citizens who may fall prey to the razzmatazz of what P.D. 957 termed "unscrupulous Privity of contracts as a defense does not apply in this ca
subdivision and condominium sellers." grants to the buyer the option to pay the installment pay
Truly this Court cannot allow the injustice that will be wrought by a strictly directly to the mortgagee (petitioner) which is required to
Truly, this Court cannot allow the injustice that will be wrought by a strictly directly to the mortgagee (petitioner), which is required to
prospective application of the law. Little people who have toiled for years through reduce the corresponding portion of the mortgage indebt
blood and tears would be deprived of their Search
homes through no fault of their
Likewise noteworthy are certain provisions of P.D. 957, which themselves constitute
own.
 
particular lot or unit being paid for. And, as stated earlier, t

to petitioner Bank's seeking relief against the subdivision de
strong arguments in favor of the retroactivity of P.D. 957 as a whole.
As for objections about
about a possible violation of the impairment
impairment clause, we find
the following statements of Justice Isagani Cruz enlightening and pertinent to the JUAN G. FRIVALDO vs. COMMISSION ON ELECTION
case at bench:
Despite the impairment clause, a contract valid at the time of its execution (G.R. No. 120295, June 28, 1996)
Related titles
may be legally modified or even completely invalidated by a subsequent law. FACTS: Juan G. Frivaldo ran for Governor of Sorsogon aga
If the law is a proper exercise of the police power, it will prevail over the questioned his citizenship. He then petitioned for repatria
contract. Decree No. 725 and was able to take his oath of allegianc
Into each contract are read the provisions of existing law and, always, a However, on the day that he got his citizenship, the Court
reservation of the police power as long as the agreement deals with a on his previous attempts to run as governor and acqui
matter, affecting the public welfare. Such a contract, it has been held, proclaimed Lee, who got the second highest number of vo
suffers a congenital infirmity, and this is its susceptibility to change by the Governor of Sorsogon.
legislature as a postulate of the legal order.
ISSUE: Whether or not Frivaldo’s repatriation was valid.
2. No. As to the second issue of non-privity, petitioner avers that, in view of the
provisions of Article 1311 of the Civil Code, PNB, being a "total stranger to the land RULING: Yes, his repatriation was valid and legal and b
purchase agreement," cannot be made to take the developer's place. You're Reading a Preview
nature of Presidential Decree No. 725, his repatriation retro
We disagree, P.D. 957 being applicable, Section 18 of said law obliges petitioner Bank filing of his application to run for governor. The steps
Sonia F. Alland
to accept v.
the paymentSouthwestern
of the remaining unpaid China Changtendered byCourtney
amortizations private Wilson & Zelman
Citizenship v. Gregg,
by repatriation ComicsDecree
under Presidential and No. 72
respondents.
ConsumersSec.Cre… University Case… on anyJiang
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(1) filing your documents
the application; to downlo
18. Mortgages . - No mortgage unit Energy…
or lot shall be madeTaylor
by the Guerrero… (2)16 F.3d
action by445, 1st… and
the committee; Compliance…
owner or developer without prior written approval of the Authority, Such (3) taking of the oath of allegiance if the a pplication
approval shall not be granted unless it is shown that the proceeds of the It is only upon taking the oath ofOR allegiance that the applic
mortgage loan shall be used for the development of the condominium or to have reacquired Philippine citizenship. If the decree
subdivision project and effective measures have been provided to ensure
such utilization. The loan value of each lot or unit covered by the mortgage
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taking to retroact to the date of the filing of the applica
have explicitly provided otherwise. He is therefore qua
shall be determined and the buyer thereof, if any, shall be notified before
the release of the loan. The buyer may, at his option, pay his installment for
Your first 30 days are free.
governor of Sorsogon.
From the foregoing submissions, the consolidated issue
the lot or unit directly to the mortgagee who shall apply the payments to the follows:
corresponding mortgage indebtedness secured by the particular lot or unit 1. Was the repatriation of Frivaldo valid and legal? If so, di
being paid for, with a view to enabling said buyer to obtain title over the lot Continue for Free
lack of citizenship as to qualify him to be proclaimed an
or unit promptly after full payment thereof. (emphasis supplied) Governor? If not, may it be given retroactive effect? If so, f

CIVIL LAW REVIEW | 1st
The Local Government Code of 1991 expressly requires Philippine citizenshipcitizenship 725, which did not specify any restrictions on or delimit
as a qualification for elective local off icials, including that of provincial governor. repatriation granted therein.
Inasmuch as Frivaldo had been declared by this Court as a non-citizen, it is
therefore incumbent upon him to show that he has reacquired citizenship; in fine, B. CONFLICT OF LAWS PROVIS
Search
that he possesses the qualifications prescribed under the said statute (R.A. 7160).   
But to remove all doubts on th is important issue, we also hold that the repatriation of RAYTHEON INTERNATIONAL, INC. vs. STOCKTON W
Frivaldo RETROACTED to the date of the filing of his application on August 17, 1994. No. 162894, February 26, 2008)
It is true that under the Civil Code of the Philippines, "(l)aws shall have no
retroactive effect, unless the contrary is provided." But there are settled exceptions to FACTS: Brand Marine Services, Inc. (BMSI), a corpora
this
whengeneral rule, NEW
it CREATES such RIGHTS.
as when the statute is CURATIVE or REMEDIAL in nature or existing under the laws of Connecticut, &Stockton Rouzie, J
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According to Tolentino, curative statutes are those which undertake to cure
entered into a contract. BMSI hired Rouzie as its represe
sale of services in several government projects in the Ph
errors and irregularities, thereby validating judicial or administrative proceedings, acts remuneration of 10% of the gross receipts. Rouzie secure
of public officers, or private deeds and contracts which otherwise would not produce the Rep. of Phil. on behalf of BMSI for the dredging of riv
their intended consequences by reason of some statutory disability or failure to Pinatubo eruption & mudflows.
comply with some technical requirement . They operate on conditions already existing, Rouzie filed before the NLRC a suit against BMSI
and are necessarily retroactive in operation. Agpalo, on the other hand, says that (Rust) for alleged nonpayment of commissions, illegal te
curative statutes are "healing acts . . . curing defects and adding to the means of employment contract. The Labor Arbiter ordered BMSI &
enforcing existing obligations . . . (and) are intended to supply defects, abridge money claims. Upon appeal, the NL RC reversed & dismisse
superfluities in existing laws, and curb certain evils. . . . By their very nature, curative the ground of lack of jurisdiction. Rouzie filed an action f
statutes are retroactive . . . (and) reach back to past events to correct errors or RTC of La Union (where he was a resident) against Rayt
irregularities and to render valid and effective attempted acts which would be
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reiterated that he was not paid the commissions due
otherwise ineffective for the purpose the parties intended." dredging project w/c he secured on behalf of BMSI. The
In light of the f oregoing, and prescinding from the wording of the preamble, that BMSI, RUST and Raytheon had combined & functioned
Sonia
it isF. Alland v.that theSouthwestern
unarguable China
legislative intent was precisely to Chang Courtney Wilson & Raytheon
give the statute retroactive Zelmansought
v. Gregg, Comics and
the dismissal of the complaint o
Consumers Cre…
operation. "(A) University Case…
retrospective operation is given to Jiang Energy…
a statute or amendment Taylor Guerrero…
where the Upload your documents to downlo
to state a 16 F.3d
cause of 445,
action1st…
& forum nonCompliance…
conveniens & pray
intent that it should so operate clearly appears from a consideration of the act as a of compulsory counterclaim. The RTC denied Raytheon’s m
whole, or from the terms thereof." It is obvious to the Court that the statute was
meant to "reach back" to those persons, events and transactions not otherwise OR
Raytheon’s contention: The written contract be
included a valid choice of law clause, that is, that the contra
covered by prevailing law and jurisprudence. And inasmuch as it has been held that the laws of the State of Connecticut. It also mentions t
citizenship is a political and civil right equally as important as the freedom of speech,
liberty of abode, the right against unreasonable searches and seizures and other
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elements in the dispute, namely that the parties & witnesse
corporations & citizens & the evidence to be presented
guarantees enshrined in the Bill of Rights, therefore the legislative intent to give
retrospective operation to P.D. 725 must be given the fullest effect possible. "(I)t has
Your first 30 days are free.
Philippines that renders our local courts inconvenient forum
of the dispute necessitate the immediate application of the
been said that a remedial statute must be so construed as to make it effect the conveniens .
evident purpose for which it was enacted , so that if the reason of the statute extends
to past transactions , as well as to those in the future, then it will be so applied
ISSUES: Continue for Free
although the statute does not in terms so direct, unless to do so would impair some 1. Whether the RTC had jurisdiction.
vested right or violate some constitutional guaranty." This is all the more true of P.D.
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DR. VICENTE ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION

CIVIL LAW REVIEW 1 5. Lex Lo

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II. FAMILY RELATIONS (Executive Order No. 209) Isidro

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2. Marriages Exempt from License D. Property

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