Uncategorized « UST Faculty of Civil Law. Article 2 of the NCC does not preclude the requirement of publication in the Official Gazette even if the law itself provides for the date of its effectivity. Tanada vs Tuvera,1. SCRA 4. 46 (1. 98. If the law provides for its own effectivity date, then it takes effect on the said date, subject to the requirement of publication.
The clause “unless otherwise provided” refers to the date of effectivity and not the to the requirement of publication itself, which cannot in any event be omitted. LA BUAL- B’LAAN TRIBAL ASSOCIATION INC. RAMOS, G. R. No. 1. January 2. 7, 2. 00. While the effectivity clause of E. O. No. 2. 79 does not require its publication, it is not a ground for its invalidation since the Constitution, being “the fundamental, paramount and supreme law of the nation,” is deemed written in the law. Hence, the due process clause, which, so Tañada held, mandates the publication of statutes, is read into Section 8 of E.
O. No. 2. 79. Additionally, Section 1 of E. O. No. 2. 00 which provides for publication “either in the Official Gazette or in a newspaper of general circulation in the Philippines,” finds suppletory application. It is significant to note that E.
O. No. 2. 79 was actually published in the Official Gazette on August 3, 1. Roy vs CA, G. R. NO 8. Jan. 2. 9, 1. 98. The term “laws” do not include decisions of the Supreme Court because lawyers in the active practice must keep abreast of decisions, particularly where issues have been clarified, consistently reiterated and published in advanced reports and the SCRA.
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Ty v. Cam G. R. NO. Nov. 2. 7, 2. 00. The two marriages involved in this case was entered during the effectivity of the New Civil Code. The Family Code has retroactive effect unless there be impairment of vested rights.
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Floresca vs Philex Mining Corp.,G. R. 3. 06. 42, April 3. The application or interpretation placed by the Supreme Court upon a law is part of the law as of the date of its enactment since the court’s application or interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. Van Dorn vs. Romillo G. R. NO. L- 6. 84. 70 October 8, 1. It is true that owing to the nationality principle embodied in Article 1. Civil Code, only Philippine nationals are covered by the policy against absolute divorces the same being considered contrary to our concept of public policy and morality.
However, aliens may obtain divorces abroad,RCPI vs CA, 1. SCRA 6. 57 (1. 98.
Dionela filed a complaint for damages against RCPI alleging that the defamatory words on the telegram sent to him not only wounded his feelings but also caused him undue embarrassment and affected his business as well as because other people have come to know of said defamatory words. There is a clear case of breach of contract by the petitioner in adding extraneous and libelous matters in the message sent to Dionela. Gashme Shookat Baksh vs CA,2. SCRA1. 15 (1. 99.
Where a man’s promise to marry is in fact the proximate cause of the acceptance of his love by a woman and his representation to fulfill that promise thereafter becomes the proximate cause of the giving of herself unto him a sexual congress, proof that he had, in reality, no intention of marrying her and that the promise was only a subtle scheme or deceptive device to entice or inveigle her to accept him and to obtain her consent to the sexual act, could justify the award of damages pursuant to article 2. University of the East vs Jader, G.
R. NO. 1. 32. 34. Feb. 7, 2. 00. 0A law student was allowed to graduate by his school with a failing grade but was later on prohibited by the said school to take the bar exams. The negligent act of a professor who fails to observe the rules of the school, for instance by not promptly submitting a student’s grade, is not only imputable to the professor but is an act of the school, being his employer.
SPOUSES HING v. ALEXANDER CHOACHUY, SR. G. R. No. 1. 79. 73. June 2. 6, 2. 01.
Thus, an individual’s right to privacy under Article 2. Civil Code should not be confined to his house or residence as it may extend to places where he has the right to exclude the public or deny them access. The phrase “prying into the privacy of another’s residence,” therefore, covers places, locations, or even situations which an individual considers as private. And as long as his right is recognized by society, other individuals may not infringe on his right to privacy. The CA, therefore, erred in limiting the application of Article 2. Civil Code only to residences.
WILLAWARE PRODUCTS CORPORATION vs. JESICHRIS MANUFACTURING CORPORATIONG. R. No. 1. 95. 54. September 3, 2. 01. The concept of “unfair competition” under Article 2.
Article 2. 8 of the Civil Code provides that “unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or high- handed method shall give rise to a right of action by the person who thereby suffers damage.”Geluz vs CA, July 2. It is unquestionable that the appellant’s act in provoking the abortion of appellee’s wife, without medical necessity to warrant it, was a criminal and morally reprehensible act, that cannot be to severely condemned; and the consent of the woman or that of her husband does not excuse it. But the immorality or illegality of the act does not justify an award of damage that, under the circumstances on record, have no factual or legal basis.
Quimiguing vs ICAO, 3. SCRA 1. 32 (1. 97. A conceived child, although as yet unborn, is given by law a provisional personality of its own for all purposes favorable to it, as explicitly provided under article 4. Cariño v. Cariño, G. R. NO. 1. 32. 52. Feb. 0. 2, 2. 00.
SCRA 1. 27 Whether or not the certification by the registrar of the non- existence of marriage license is enough to prove non- issuance thereof. The records reveal that the marriage contract of petitioner and the deceased bears no marriage license number and, as certified by the Local Civil Registrar of San Juan, Metro Manila, their office has no record of such marriage license.
Alcantara v. Alcantara, G. R. NO. 1. 67. 74. Aug. 2. 8,2. 00. 7 5. SCRA 4. 46 Whether or not, a marriage license issued by a municipality or city to a non- resident invalidates the license.
Issuance of a marriage license in a city or municipality, not the residence of either of the contracting parties, and issuance of a marriage license despite the absence of publication or prior to the completion of the 1. Niñal vs. Bayadog 3. SCRA 1. 22, March 1.
In this case, at the time of Pepito and respondent’s marriage, it cannot be said that they have lived with each other as husband and wife for at least five years prior to their wedding day because their cohabitation is not exclusive. The Court ruled that the cohabitation contemplated under said provisions must be in the “nature of a perfect union that is valid under the law but rendered imperfect only by the absence of the marriage contract” and “characterized by exclusivity meaning nothird party was involved at anytime within the 5 years andcontinuity that is unbroken. Soriano v. Felix, L- 9.
June 2. 0, 1. 95. The affidavit is for the purpose of proving the basis for exemption from the marriage license. Even if there is failure on the part of the solemnizing officer to execute the necessary affidavit, such irregularity will not invalidate the marriage for the affidavit is not being required of the parties. Morigo v. People, G. R. NO. 1. 45. 22. Feb. 6, 2. 00. The mere private act of signing a marriage contract bears no semblance to a valid marriage and thus, needs no judicial declaration of nullity. Such act alone, without more, cannot be deemed to constitute an ostensibly valid marriage for which petitioner might be held liable for bigamy unless he first secures a judicial declaration of nullity before he contracts a subsequent marriage.
MINORU FUJIKI v. MARIA PAZ GALELA MARINAY, G. R. No. 1. 96. 04.
June 2. 6, 2. 01. The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A. M. No. 0. 2- 1. 1- 1. SC) does not apply in a petition to recognize a foreign judgment relating to the status of a marriage where one of the parties is a citizen of a foreign country. REPUBLIC OF THE PHILIPPINES v.
LIBERTY D. ALBIOS, G. R. No. 1. 98. 78. October 1. 6, 2. 01. A marriage, contracted for the sole purpose of acquiring American citizenship is NOT void ab initio on the ground of lack of consent.
Under Article 2 of the Family Code, consent is an essential requisite of marriage. Article 4 of the same Code provides that the absence of any essential requisite shall render a marriage void ab initio. Under said Article 2, for consent to be valid, it must be (1) freely given and (2) made in the presence of a solemnizing officer.
A “freely given” consent requires that the contracting parties willingly and deliberately enter into the marriage. Consent must be real in the sense that it is not vitiated nor rendered defective by any of the vices of consent under Articles 4. Family Code, such as fraud, force, intimidation, and undue influence. Consent must also be conscious or intelligent, in that the parties must be capable of intelligently understanding the nature of, and both the beneficial or unfavorable consequences of their act. Their understanding should not be affected by insanity, intoxication, drugs, or hypnotism.
Juliano- Llave v. Republic, G. R. NO. Mar. 3. 0, 2. 01. SCRA 6. 37 The marriage between the late Sen. Tamano and Zorayda was celebrated in 1. Muslim rites. The only law in force governing marriage relationships between Muslims and non- Muslims alike was the Civil Code of 1. Pilapil vs. Ibay- Somera, G.
R. NO. 8. 01. 16 June 3. Whether or not, the complainant, a foreigner, qualify as an offended spouse having obtained a final divorce decree under his national law prior to his filing the criminal complaint.
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