General Rule:: Requisites of The Waived Rights From Atty. Alabastro
General Rule:: Requisites of The Waived Rights From Atty. Alabastro
General Rule:: Requisites of The Waived Rights From Atty. Alabastro
Art. 2 Laws shall take effect after fifteen days following the -Mandatory laws are laws that required the observance of
completion of their publication in the Official Gazette, or conduct. These are laws that are required and mandatory to
in a newspaper of general circulation, unless it is otherwise be followed.
provided. This Code shall take effect one year after such
publication. -Prohibitory laws are those who prohibit certain conducts.
General Rule: if the law , after publication expressly provides -Permissive laws or directory are those that direct.” You can
the date when it will take effectivity we will follow that date. do this or not do it. “
Exceptions: What if the law does not provide the date? – law General law: any act which is made or executed against the
take effect after 15 days of publication (16th day) in the official mandatory laws or prohibitory laws those acts are void (no
gazette or in newspaper of general circulation. legal effect).
Stare decisis
this means that when the supreme court has once laid down **TAKE NOTE OF THIS ARTICLE**
a principle of law as applicable to a certain state of facts it will
adhere to that principle and apply it to all future cases where Art. 14 Penal laws and those of public security and safety
the facts are substantially the same. This is to ensure that shall be obligatory upon all who live or sojourn in the
there is consistency to the interpretations of the decisions of Philippine territory, subject to the principles of public
the supreme court. This means that if you encounter a international law and to treaty stipulations.
questionable decision of the supreme court no one else can
turn over that decision other than the S.C itself because of Civil laws do not apply to aliens who are governed by
the principle of stare decisis. their national law.
Art. 9 No judge or court shall decline to render judgment by Penal laws equally apply to aliens who live or sojourn
reason of the silence, obscurity or insufficiency of the laws. in the Philippines.
Limitations:
1. A judge is not free to decide according to his whims Art. 15 Laws relating to family rights and duties, or to the
and caprices (this refers to judicial legislation) status, condition and legal capacity of persons are binding
Judicial Legislation- judicial rulings that are suspected upon citizens of the Philippines, even though living abroad.
of being based on personal opinion, rather than on
existing law. Classifications of Capacity:
. He/She must see to it that the decision is just and 1. Testamentary capacity – to make a legally effective
equitable. will.
2. The judge should favor that solution which will best 2. Contractual capacity – to enter into a legally binding
promote the public welfare. The decision must be contract.
reasonable and must not lead to absurdity. 3. Marital capacity – to enter into a valid marriage.
What is the difference between: (based from Fareast bank vs - Concerns injuries that may be caused by acts which
Pacilan) are not necessarily prescribed by the law.
this article requires that the act be willful and that
Damages vs. Injury
there was an intention to do the act and a desire to
-The result of the injury -illegal invasion of a legal rights to achieve the outcome.
- There is a need that the act is willful and hence done
The compensation awarded for in complete freedom. (Buenaventura vs
the damage suffered Buenaventura)
- Acts that are violated under Article 21 are the acts
Damnum Absque Injuria- exercising your legal right and not that is contrary to morals, good customs and public
award damage for the one injured. policy.
- A right though by itself is legal but must not become
- The consequences must be borne by the injured
the source of liability. (Cebu Country club.
person alone, the law affords no remedy for
Elizagaque)
damages resulting form an act which does not
- When the right is exercised arbitrarily a legal wrong
amount to a legal injury or wrong.
is committed.
In Article 19 of the New Civil Code:
If in case it was proven that Article 19 was violated in
- A person must not use his right unjustly or contrary relation to Article 20 or 21 damages may be recovered
to honesty and good faith otherwise he opens thorough the following:
himself to liability.
Article 2217- moral damages may be granted when there is
- This article seeks to preclude the use of a legal right
physical suffering, mental anguish, firght, serious anxiety,
as a means to unjust ends.
wounded feelings, moral shock and similar injury . (People of
- There is an abuse of rights when it is exercised solely
the Philippines vs Dionaldo)
to prejudice someone (Uypitching vs Quiamco)
Article 2219 of the new civil code- moral damages are
Art. 20 Every person who, contrary to law, will fully or
recovered when violating Article 21 and Article 28.
negligently causes damage to another, shall indemnity the
latter for the same. - Can also be awarded when there is illegal detention
(People of the Philippines vs Dionaldo)
- Moral damages may be awarded in culpa contractual Art. 23 Even when an act or event causing damage to
or breach of contracts acted in bad faith another’s property was not due to the fault or negligence
of the defendant, the latter shall be liable for indemnity if
Article 2229- exemplary damages for the correction of public through the act or even he was benefited.
goods.
Doctrine of Immutability of Judgement- a decision that has Art. 27 Any person suffering material or moral loss because
acquired finality becomes immutable and unalterable, and a public servant or employee refuses or neglects, without
may no longer be modified in any respect, even if the just cause, to perform his official duty may file an action
for damages and other relief against the latter, without
modification is meant to correct erroneous conclusions of
prejudice to any disciplinary administrative action that
fact and law, and whether it be made by the court that
may be taken. (Ledesma vs CA)
rendered it or by the Highest Court of the land. (bliss
development vs tapay)
Example Scenario: (Campugan vs constante) criminal proceedings are instituted during the pendency of
the civil case, a preponderance of evidence shall likewise
The respondent is acquitted because the acts which the be enough to prove the act of complained of.
Attorney did were according to his Ministerial Duties.
Ministerial Duties- duties required by the law for the public -you can file a separate civil action to demand civil liability
officers to follow. arising from a criminal offense (frias vs sison)
Discretionary Duties- it is up to the public officer if he will This article recognizes an alternative and separate civil action
follow such duties. which may be brought to demand civil liability arising from a
criminal offense independently of any criminal action. In the
Art. 28 Unfair competition in agricultural, commercial or
industrial enterprise or in labor through the use of force, event that no criminal proceedings are instituted during the
deceit, machination or any other unjust oppressive or high- pendency of the civil case a preponderance of evidence is
handed method shall give rise to a right of action by the only needed. (People of the Philippines vs. Bayotas)
person who thereby suffers damages.
Civil liability may arise as a result of the same act or omission:
1.law
2. contracts
Art. 29 When the accused in a criminal prosecution is
acquitted on the ground that his guilt has not been proved 3. quasi-contracts
beyond reasonable doubt, a civil action for damages for
the same act or omission may be instituted. Such action 4. quasi delicts
requires only a preponderance of evidence. Upon motion
of the defendant, the court may require the plaintiff to file
a bond to answer for damages in case the complaint
should be found to be malicious.
If in a criminal 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 Art. 31 When the civil action is based on an obligation not
inferred from the text of the decision whether or not the arising from the act or omission complained of as a felony,
acquittal is due to the ground. such civil action may proceed independently of the
criminal proceedings and regardless of the result of the
Our law states that every person criminally liable for latter.
a felony is also civilly liable. This civil liability ex
delicto may be recovered through a civil action -when the civil action is based on an obligation or OTHER
which, under our Rules of Court, is deemed SOURCES NOT ARISING FROM A FELONY the civil action may
instituted with the. criminal action. proceed independently of the criminal proceedings. (frias vs
2 kinds of acquittal: (Daluraya vs Oliva) sison)
1. Acquittal based on reasonable doubt – means that if Art. 32 Any public officer or employee, or any private
the guilt of the accused has not been satisfactorily individual, who directly or indirectly obstructs, defeats,
established, he is not exempted from civil liability. violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be
2. Acquittal based on the ground that the accused is
liable to the latter for damages:
not the author of the act or omission, thus the
(1) Freedom of religion;
closing of the door to be civilly liable- this occurs (2) Freedom of speech;
when the prosecution failed to sufficiently establish (3) Freedom to write for the press or to maintain a
that the accused is criminally liable. periodical publication;
(4) Freedom from arbitrary or illegal detention;
*If you are proven to be criminally liable, then you are also
(5) Freedom of suffrage;
civilly liable (6) The right against deprivation of property without due
*If the court gave a ruling that the accused is not the author process of law;
(7) The right to a just compensation when private property
of the crime or did not produce such acts then the accused is
is taken for public use;
also not civilly liable.
(8) The right to the equal protection of the laws;
Art. 30 When a separate civil action is brought to demand (9) The right to be secure in one's person, house, papers,
civil liability arising from a criminal offense, and no and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same; based thereon ex. Civil liability ex delicto (People of
(11) The privacy of communication and correspondence; the Philippines vs. Bayotas)
(12) The right to become a member of associations or
societies for purposes not contrary to law; Art. 34 When a member of a city or municipal police force
(13) The right to take part in a peaceable assembly to refuses or fails to render aid or protection to any person in
petition the Government for redress of grievances; case of danger to life or property, such peace officer shall
(14) The right to be a free from involuntary servitude in any be primarily liable for damages, and the city or
form; municipality shall be subsidiarily responsible therefor. The
(15) The right of the accused against excessive bail; civil action herein recognized shall be independent of any
(16) The right of the accused to be heard by himself and criminal proceedings, and preponderance of evidence shall
counsel, to be informed of the nature and cause of the suffice to support such action.
accusation against 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; Art. 35 When a person, claiming to be injured by a criminal
(17) Freedom from being compelled to be a witness offense, charges another with the same, for which no
against one's self, or from being forced to confess guilt, or independent civil action is granted in this Code or any
from being induced by a promise of immunity or reward to special law, but the justice of the peace finds no
make such confession, except when the person confessing reasonable grounds to believe that a crime has been
becomes a State witness; committed, or the prosecuting attorney refuses or fails to
(18) Freedom from excessive fines, or cruel and unusual institute criminal proceedings, the complaint may bring a
punishment, unless the same is imposed or inflicted in civil action for damages against the alleged offender. Such
accordance with a statute which has not been judicially civil action may be supported by a preponderance of
declared unconstitutional; and evidence. Upon the defendant's motion, the court may
(19) Freedom of access to the courts. require the plaintiff to file a bond to indemnify the
In any of the cases referred to in this article, whether or defendant in case the complaint should be found to be
not the defendant's act or omission constitutes a criminal malicious.
offense, the aggrieved party has a right to commence an If during the pendency of the civil action, an information
entirely separate and distinct civil action for damages, and should be presented by the prosecuting attorney, the civil
for other relief. Such civil action shall proceed action shall be suspended until the termination of the
independently of any criminal prosecution (if the latter be criminal proceedings.
instituted), and may be proved by a preponderance of
evidence.
The indemnity shall include moral damages. Exemplary Art. 36 Pre-judicial questions, which must be decided
damages may also be adjudicated. before any criminal prosecution may be instituted or may
The responsibility herein set forth is not demandable from proceed, shall be governed by rules of court which the
a judge unless his act or omission constitutes a violation of Supreme Court shall promulgate and which shall be in
the Penal Code or other penal statute. conflict with the provisions of this Code.
Art. 33 In case of defamation, fraud and physical injuries, An independent civil action BASED ON FRAUD (refer to Art.
a civil action for damages, entirely separate and distinct 33) initiated by the defrauded party does not raise a
from the criminal action, may be brought by the injured prejudicial question to stop the proceedings in a pending
party. Such civil action shall proceed independently of the criminal prosecution of the defendant for estafa through
criminal prosecution, and shall require only a
falsification (Consing vs People of the Philippines)
preponderance of evidence.
Pre-judicial question requisites:
1. A civil action is first filed followed by a criminal action
- It should be stressed that the extinction of civil
2. The civil action have intimately related issues with the
liability follows the extinction of the criminal liability criminal action that must first be resolved before the
under Article 89, only when the civil liability arises criminal action can proceed. (there are the same facts
from the criminal acts as its only basis. between the civil action and the criminal action)
- The rule established was that the survival of the civil
liability depends on whether the same can be
predicated on sources of obligations other than
delict. The claim for civil liability is also extinguished
together with the criminal action if it were solely
Example scenario:
Intra-uterine Life- a fetus who is born at least 7 months it is
1. A Civil action was filed for payment of the value of considered born even if it only lived for a few minutes. The
the checks and damages that was inflicted by the child is considered normal.
petitioner for issuing dishonored checks.
Subsequently, a criminal action was filed on the The law considers a baby normal who weighs 2,275 grams.
ground of the violation of BP 22. = NO PREJUDICIAL Still-birth when the child has not breathed or has not
QUESTION why? Because, violation of BP 22 is in shown any sign of life after being completely
itself is an offense. It is an independent case that separated from the mother’s womb.
does not need the decision w/n the payment for the
dishonored checks can or cannot be given because
the mere issuing of worthless checks is already an Article 42. Civil personality is extinguished by death.
offense itself. (Yap vs Cabales) The effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will.
2. A petition was filed for a declaration of nullity of
marriage by the husband. Consequently, the wife As birth brings forth personality, death extinguishes
filed a criminal case for concubinage. There is no it. However, the rights and obligations of the
prejudicial question because the civil case does not deceased are not necessarily extinguished by his
determine if the criminal case can proceed because death.
under Article 36 prejudicial question only exists if
the 2 requisites are present which is first, the civil
action must be filed first before the criminal action.
Second, the resolution of the civil action will
determine the resolution of the criminal case. In this
case, the civil action will not determine the Article 43. If there is a doubt, as between two or more
resolution of the criminal action because even if in persons who are called to succeed each other, as to which
the marriage was declared void, it does not mean of them died first, whoever alleges the death of one prior
to the other, shall prove the same; in the absence of proof,
that the act of concubinage will exonerate because
it is presumed that they died at the same time and there
concubinage is a crime that is committed before the
shall be no transmission of rights from one to the other.
nullification of a marriage. (Beltran vs People of the
Philippines)
Presumption on Survivorship
Article 50. For the exercise of civil rights and the fulfillment
of civil obligations, the domicile of natural persons is the
place of their habitual residence.
Requisites:
1. The fact of residing or personal presence in a
particular place;
2. The intention to remain in said place permanently
(animus manendi).