Family Law
Art 14. Penal laws and those of public security and
safety shall be obligatory upon those who live or
sojourn in Philippine territory, subject to the
principles of public international law and to treaty
stipulations.
Theory of territoriality and generality – any offense
committed within our territory offends the state.
- Whether citizen or alien – they can be
punished for committing a crime here.
Exemptions:
1. Principles of public international law
2. Presence of treaty stipulations
* heads of state are granted diplomatic
immunity
*if travelling incognito, no diplomatic
immunity.
Constitutionality of the military bases agreement –
jurisdiction certain offenses may be waived or given
by a law or treaty
Art. 14 talks about the applicability penal laws:
- Penal laws – defines crimes and treats of their
penalty
- Estafa- swindling
- Theft- intend to gain ownership over property
- Robbery- with intimidation or force
- Revised Penal Code – mannum inse / mala inse
– crimes are naturally evil in nature. Examples:
murder, theft, adultery, concubinage, swindling
- Mala prohibita / Mallum prohibitum – prohibited
acts because of the law. Examples: illegal
possession of firearms.
- PD 1602 – prescribing stiffer penalties on illegal
gambling. The Gov’t can regulate it.
- Only in crimes mala inse are complex  resulted
to 2 crimes or more
- BP 22 – Anti-Bouncing checks – it frustrates
commerce that’s why you punish bouncing
checks.
- Sojourn – only for a temporary time. Penal laws
will apply to these foreigners.
Art. 15. Laws relating to family rights and duties
or to the status, condition and legal capacity of
persons are binding upon citizens of the
Philippines, even though living abroad.
gddayao
- Status – personal qualities and relations
- Private international law- stresses the
principle of nationality
- Filipinos have their own national laws.
- Foreigners have their duo national law.
- Capacity to enter into ordinary contract –
governed by national law of person
- Code of Commerce – foreigners and
companies created abroad may engage in
commerce in the PH subject to the laws of
their country with respect to their capacity to
contract
Capacity to enter in other relations:
1. Capacity to acquire, encumber, assign, donate,
or sell property depends on the law of the
place.
2. Capacity to inherit depends on the law of the
decedent.
3. Capacity to get married depends on the law of
the place where the marriage was entered into.
 Moral turpitude – morals are distorted 
punishable by death
 Legal capacity, conditions, etc. – follows you
everywhere you go.
 Foreign citizens are not applicable to Art. 15.
Art. 16. Real property as well as personal property
is subject to the law of the country where it is
stipulated.
However, intestate and testamentary successions,
both with respect to the order of succession and to
the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall
be regulated by the national law of the person
whose succession is under consideration, whatever
may be the nature of the property and regardless
of the country wherein said property may be
found.
Lex rei sitae
- the law where the property is situated.
Application:
- Shares of stock of a foreigner, even if personal
property can be taxed so long as the property
od located in the country.
Page | 1
Family Law
- Bank deposits in PH, even if owned by
foreigner, may be subject to attachment
proceedings.
- Dividends from shares in a corporation
situated in the PH may have taxes imposed
Exemptions: successional rights because the national
law of the deceased is followed.
 Renvoi problem – referring back when there is
doubt in the law (you only refer ONCE)
 Real property is immovable property. It
becomes real property when you intend it to
become part of your property.
- Citizen through naturalization or natural born
– a person whose born in that state  follow
jus sanguinis.
- Domicile – always have the intention to go
back to your place.
- Residence – place you stay for the time being.
- National law: all will apply. “all” means
everything.
General rule: The accessory follows the principal
Exemption: National law whose succession is under
consideration.
- Subject matter is the owner of the property
(par. 2)
- In cases of wills and testaments, we follow the
national law of the person.
Terminologies:
- Intestate – person who died without a will.
- Will – last will and testament; document left
behind (art. 804)
- Succession – those who are called to inherit
- Inheritance – bulk of promises held behind by
decedent/deceased.
- Testate – died with will. There will be a testator
(m) or a testatrix (f)
- 2 kinds of heirs:
o Compulsory – called to succeed by virtue
of law
o Voluntary – by mere liberality on the part
of the deceased.
- Devise – you give real property
- Bequeath – you give personal property
gddayao
- Executor – the one who distributed the property of
the deceased (testator). His name will be stated on
the will.
- Administrator – the testament does name any
executor; the court will decide who will be the
administrator  intestate
- If voluntary, can you repudiate? YES, the
donation will only be effective when it is accepted.
 repudiation of inheritance.
- Prepetition – heir was not included in the will;
omitted
- Disinheritance – not included heir in will with
reason.
- Probate of will – looking of the intrinsic validity
of will
Order of Succession:
- Always go back to the common ancestor.
- C to D? 4th civil degree of consanguinity
- C to E (spouse of D)? 4th civil degree of affinity.
If husband dies:
- Who will inherit? Wife and children.
- Intestate? Wife and children by law.
What about C? No, he can’t inherit because of the
order of succession.
If Husband dies, what will be the AMOUNT of
successional rights? Example: Php 10 B.
Under the law:
- 50%: Wife
- 50%: Wife, A, & B
What if A dies and has a spouse, G?
- Order of succession  C & G will inherit. Parents
are excluded. If there is no wife and children 
parents will inherit.
Art. 17. The forms and solemnities of contracts,
wills, and other public instruments shall be
Page | 2
Family Law
governed by the laws of the country in which they
are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of
the Philippines in a foreign country, the
solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or
property, and those which have, for their object,
public order, public policy and good customs shall
not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions
agreed upon in a foreign country.
Lex loci Celebrationis
- The law of the place where the deals are
solemnized or executed.
Wills
1. Notarial – executed in front of an attorney
2. Holographic – dated, wrote it with own
penmanship  forms and solemnities of will.
- Legitime – the property that will go to a specific
heir.
Rule of Exterritoriality – the act of being done
within an extension of Philippine territory (still
executed before Philippine diplomatic and consular
affairs.
- Exemptions: a foreign law, contract, or judgement
can be given effect.
- Rationale: public policy of the PH prohibits the
same.
Intrinsic validity of contracts
- Consider the lex loci voluntatis (the law of the
place voluntarily selected) or the lex loci
intentionis (the law of the place intended by the
parties of the contract).  rationale of the first
paragraph.
Art. 19. Every person must, in the exercise of his
rights and in the performance of his duties, act
with justice, give everyone his due, and observe
honesty and good faith.
It is the very ideal set-up on how we deal our
fellowmen.
- Civil laws and common law are written
(generally)
gddayao
- Common laws were decisions made by judges
whose decisions were based on prior judgements
and also based on culture, morality, etc.
Where did we get the civil code? From Civil code of
Spain.
- Civil Code took effect in August 30, 1950.
- Our civil laws are strong in catholic faith.
- Germany, Italy, Japan and Spain were civil law
countries and were pushers of catholic faith.
- To present some basic principles that are to be
obscured for the rightful relationship between
human beings and the stability of the social order.
Stress of the article:
1. Acting with justice
2. Giving everyone his due
3. Observance of honesty and good faith.
- Rights must never be abused.
A right maybe but when a right is exercised in a
manner which does not conform with the norms of art.
19 of the CC and results in damage to another, a legal
wrong is thereby committed for which the wrongdoer
must be held responsible.
- Honesty – careful regard of other’s right and
property
- Good faith – honest intention to avoid taking
undue advantage of another.
- Bad faith – imparts a dishonest purpose or some
moral obliquity and conscious doing of wrong.
PERSONS
Art. 37. Juridical capacity, which is the fitness to
be the subject of legal relations, is inherent in every
natural person and is lost only through death.
Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost.
2 concepts:
1. Legal capacity – capacity to do acts with legal
effect.
2. Juridical capacity – natural person can be the
fitness to be subject of legal relations.
o You cannot sell a baby because mankind is
not subject to human commerce.
- Once you are born, you obtain juridical capacity.
Capacity to act –the power to do acts with legal
effect. May be acquired and may be lost.
Page | 3
Family Law
o Minor has no legal capacity. He may be
doing things with no legal effect.
o Imprisonment can restrict your capacity to
act.
Example: you were a minor and entered into contract
of marriage.  the marriage is not valid because you
are not of legal age which is 18 years of age.
- Family code took effect on August 3, 1988.
- RA 6809 – law established the age of Majority. 18
because you can be part of the majority, be a part
of history e.g. vote.
Art. 38. Minority, insanity or imbecility, the state
of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity to
act, and do not exempt the incapacitated person
from certain obligations, as when the latter arise
from his acts or from property relations, such as
easements.
- Remember art 26 of FC
Restrictions on capacity to act.
1. Minority – one does not yet understand the
consequences of marriage.
- He needs parental consent before he can
enter into an ordinary contract.
- Without consent – contract is voidable
2. Insanity or imbecility – a condition of a person
who is mentally deranged.
- If under guardianship – he is insane
3. State of being deaf-mute – cannot hear, cannot
speak.
- You will not be able to hear or follow
instructions
4. Prodigality – person who squandered his money
5. Civil interdiction – restrictions on capacity to act
does not extinguish capacity to act. Thus, insane
person’s contract is merely voidable but not void.
- Incapacitated person is not exempt from
certain obligations arising from his acts.
- Example: Crime  cannot exercise parental
authority.
Easements – act of liberty
- Would usually attach real property
- Ease of light and view and air – should always
have a setback – 5 meters away
gddayao
- To provide easement: right to pass through
- Lease – temporary use
- Mere restrictions on capacity to act.
Art. 39. The following circumstances, among
others, modify or limit capacity to act: age,
insanity, imbecility, the state of being a deaf-mute,
penalty, prodigality, family relations, alienage,
absence, insolvency and trusteeship. The
consequences of these circumstances are governed
in this Code, other codes, the Rules of Court, and
in special laws. Capacity to act is not limited on
account of religious belief or political opinion.
A married woman, twenty-one years of age or
over, is qualified for all acts of civil life, except in
cases specified by law.
- Age – even if you’re 36 but thinks like a 14-year-
old, it will limit your capacity to act.
- Insanity – you cannot think correctly.
o McNaughton Rule – even if you know the
crime you are committing, are you aware
that it is prohibited?
o Stalking due to obsession
- We have a punitive system.
- Penalty
- Family relations – if you are already married, you
cannot marry again
- Alienage – you cannot vote
- Absence – you cannot perform duties. You
normally issue a special power of attorney
- Insolvency – person has properties, but if the
obligations are due, you do not have the money to
pay for the debts.
- Bankruptcy – no clothes on my back, not a penny
in my pocket
- Trusteeship – you are entrusted of a property, your
capacity to act is limited
Art. 40. Birth determines personality; but the
conceived child shall be considered born for all
purposes that are favorable to it, provided it be
born later with the conditions specified in the
following article.
Birth – determines personality
Persons:
1. Natural – human beings
Page | 4
Family Law
2. Juridical – artificial beings created by law;
created by legal fiction
- The law recognizes their existence
- Intrauterine life of 9 months – should be born alive
o If not alive – no personality
- Child is born in favor of birth
Art. 41. For civil purposes, the fetus is considered
born if it is alive at the time it is completely
delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from
the maternal womb.
For civil purposes  the fetus is considered born if it
is alive at the time it is completely delivered from the
mother’s womb.
- The certificate of live birth
- If not recorded – estimated time the child was
born
- If not alive  death certificate
Intrauterine life of less than 7 months – completely
delivered and must be alive for 24 hours
Complete delivery  cutting of umbilical cord
Why 24 hours? Why there is a clock?
- To keep track of time of the birth of the baby.
If premature, it should be alive for 24 hours.
- Example: 11:50 p.m. Mon to 11:50 p.m. Tues
- To monitor the vitals of the mother and the
baby.
Why is 24 hours important? For the purposes of
succession:
- Fetus died after 23 hours = no donation
- Less than 7 months, died after 24 hours =
donation
Art. 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations
of the deceased is determined by law, by contract
and by will.
- Civil personality is extinguished by death
- After the death, the property is valid estate.
- The court cannot acquire jurisdiction over the
dead because death extinguishes personality.
gddayao
Art. 43. If there is a doubt, as between two or more
persons who are called to succeed each other, as to
which of them died first, whoever alleges the death
of one prior to the other, shall prove the same; in
the absence of proof, it is presumed that they died
at the same time and there shall be no transmission
of rights from one to the other.
- Proof of death through evidence
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for
public interest or purpose, created by law; their
personality begins as soon as they have been
constituted according to law;
(3) Corporations, partnerships and associations
for private interest or purpose to which the law
grants a juridical personality, separate and
distinct from that of each shareholder, partner or
member.
Juridical person – recognition if law or legislative fiat
Corporation – has a life span of 50 years  will cease
 will wrap up and through dissolution
- Own juridical personality separate and distinct
vis-à-vis from shareholders
- At least 5 members – simply run the affairs
(articles of incorporation)
Exceptions:
1. If members commit acts ultra vires, the veil of
corporate fiction may be pierced.
- Corporations have a primary purpose (main
business) and secondary purpose
Example: Primary – Logistics; Secondary – Banking
Question: Is this acceptable?
NO because the purposes showed must be related to
each other. They acted ultra vires.
2. Acted unlawfully, shareholder may pierce the veil
of corporate fiction
Example: Unauthorized sale of shares.
- Aliquot share – shareholder has aliquot ownership
over the corporation – undivided stock shares.
Page | 5
Family Law gddayao
Art. 45. Juridical persons mentioned in Nos. 1 and
2 of the preceding article are governed by the laws
creating or recognizing them.
Private corporations are regulated by laws of
general application on the subject.
Partnerships and associations for private interest
or purpose are governed by the provisions of this
Code concerning partnerships. (36 and 37a)
Art. 46. Juridical persons may acquire and possess
property of all kinds, as well as incur obligations
and bring civil or criminal actions, in conformity
with the laws and regulations of their
organization. (38a)
Art. 47. Upon the dissolution of corporations,
institutions and other entities for public interest or
purpose mentioned in No. 2 of Article 44, their
property and 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 and other assets shall be applied to
similar purposes for the benefit of the region,
province, city or municipality which during the
existence of the institution derived the principal
benefits from the same.
Stock Corporation Non-stock
Corporation
1. Board of Directors 1. Board of Trustees
2. Profit 2. non-profit
3. Ownership defined 3. Ownership by
by number of shares membership
4. Shareholder/stock 4. Members
5. Called 5. Called “Associations”
“Corporations”

Page | 6