PROJECT JURISPRUDENCE

"It is required in the Proposed [new Civil] Code that the seller transfer the ownership over the thing sold. In the old Code his obligation is merely to deliver the thing, so that even if the seller is not the owner, he may validly sell, subject to the warranty to maintain the buyer in the legal and peaceful possession of the thing sold. The Commission considers the theory of the present law [old Civil Code] unsatisfactory from the moral point of view." (Report of the Code Commission, p. 141) By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. (Article 1458) The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. (Article 1459) True, in contracts of sale, the vendor need not possess title to the thing sold at the perfection of the contract. However, the vendo...

The seller must transfer ownership to the buyer (Art. 1458) and, therefore, the seller must be the owner of the subject bought. In short, nobody can dispose of that which does not belong to him –– nemo dat quad non habet. (See Azcona v. Reyes & Larracas, 59 Phil. 446 ; see Coronel v. Ona, 33 Phil. 456 ) It must be recalled, however, the seller need not be the owner at the time of the perfection of the contract. It is sufficient that he is the owner at the time the object is delivered; otherwise, he may be held liable for breach of warranty against eviction. It is important to take note that the contract of sale by itself is not a mode of acquiring ownership; it is the transfer or "tradition." (Article 712, Civil Code) The contract transfers no real rights; it merely causes certain obligations to arise. Hence, it would seem that A can sell to B property belonging to C at the time of the meeting of the minds. (TS, Jan. 31, 1921) Of course, if at the time A is supposed to del...

CASE DIGEST: [ G.R. No. L-29421, January 30, 1971 ] LINO ARTATES & MANUELA POJAS, PLAINTIFF-APPELLANTS, VS. DANIEL URBI, CRISANTO SOLIVEN, ASSISTED BY HIS GUARDIAN 'AD LITEM', MARCELA B. SOLIVEN, REMIGIO BUTA­CAN AND NEMESIO OÑATE, IN THEIR PRIVATE CAPACITIES AND/OR AS EX?OFICIO PROVINCIAL SHERIFF AND DEPUTY SHERIFF OF CAGAYAN, RESPECTIVELY, AND BIENVENI­DO CACATIAN, AS DEPUTY REGISTER OF DEEDS OF CAGAYAN , DEFENDANTS-APPELLEES. FACTS: A homestead patent was issued to a married couple (Lino Artates and Manuela Pojas) Sept. 23, 1952. Because of a crime (physical injuries) Artates had committed and for which he was found guilty (Mar. 14, 1956), the homestead was SOLD at a public auction to satisfy Artates’ civil liability. Note that the sale was made less than four years after the acquisition by the couple of the land. Now then, under Sec. 118 of the Public Land Law (Com. Act 141), such homestead, generally cannot be sold, cannot be en...

Albano explains that husband and wife cannot donate to one another. The prohibition, extends to common-law relationship. (Art. 87, Family Code) The reason is public policy; the possibility that one may exert undue influence over the other. They cannot also, as a rule, sell to one another, except in cases where they are governed by the complete separation of property regime or when there is separation of properties during the marriage. (Art. 1490, New Civil Code) Husband and wife cannot also enter into a universal partnership of all properties. (Art. 1782, NCC) The law also declares as void marriages among relatives in the direct line, whether legitimate or illegitimate (Art. 37, Family Code); or those in the collateral line up to the fourth civil degree of consanguinity by reason of public policy. (Art. 38, Family Code)

If one has been declared insolvent, he cannot just dispose of his properties existing at the time of the commencement of the proceedings for insolvency. No payments of property or credit can be made to him. (Albano, citing Sections 18 and 24, Act No. 1956) Section 1 of Act No. 1956 provides: This Act shall be known and may be cited as the Insolvency Law, and in accordance with its provisions every insolvent debtor may be permitted to suspend payments or be discharged from his debts and liabilities. Under the head of "Voluntary Insolvency," among other things, Section 18 of the Act provides: Upon the granting of said order all civil proceedings pending against the said insolvent shall be stayed, When a receiver is appointed, or in assignee chosen, as provided in this Act, the sheriff shall thereupon deliver to such receiver or assignee, as the case may be, all the property, assets, and belongings of the insolvent which have co...

I'm not sure if you're speaking practically, or intellectually. I would start by studying the difference between criminal and civil law. Criminal law is what you see on TV, law and order--people getting into trouble with the law for committing an actual crime. Civil law is essentially suing someone for causing damage to you. This includes suing someone for breaking a contract, suing someone for not shoveling their steps so you slip and fall on them, or any other type of lawsuit that is not criminal. Once you begin to separate the two, the doors open to specializing a bit. First, do you want to focus on criminal law so you can tell your friends what to do or say when stopped by a police officer, or questioned by a detective? Do you want to know just how far you can go without committing a felony? What constitutes a "felony"? Or you can start to study things like contracts, torts, and tax law. I would make a tree to see the type of things you're most interested in k...

"The fact that one has been absent for several years and his whereabouts cannot be determined, subjects his property to administration by order of the court although his capacity to act is not limited." (Memorandum of the Code Commission, L.J., July 31, 1953)

CASE DIGEST: [ G.R. No. L-31606, March 28, 1983 ] DONATO REYES YAP AND MELITONA MARAVILLAS, PETITIONERS, VS. HON. EZEKIEL S. GRAGEDA , AS JUDGE OF THE COURT OF FIRST INSTANCE OF ALBAY AND JOSE A. RICO, RESPONDENTS. FACTS: A residential lot in Albay was sold to a Chinese who later became a naturalized Filipino. ISSUE: Can the vendor recover the lot? HELD: No more, because the purpose of the constitutional provision has already been achieved. Note that the buyer has already become a naturalized Filipino. "But the factual set-up has changed. The litigated property is now in the hands of a naturalized Filipino. It is no longer owned by a disqualified vendee. Respondent, as a naturalized citizen, was constitutionally qualified to own the subject property. There would be no more public policy to be served in allowing petitioner Epifania to recover the land as it is already in the hands of a qualified person. Applying by analogy the rulin...

Under Article 381 of the Civil Code, when a person disappears from his domicile, his whereabouts being unknown, he is considered as absent. The court can appoint an administrator at the instance of an interested person, a relative or a friend. His continued absence can even result in the presumption of his death (Art. 390, NCC); hence, his successional rights may be opened. It must be recalled that the presumption of death is not conclusive, for he may be alive and can still dispose of his properties. In fact, under Article 389 of the Civil Code, if someone can prove that he acquired title over his properties under administration, the administration would cease. (Albano, pg. 183)

Aliens cannot acquire land in the Philippines. Save in cases of hereditary succession, the 1987 Constitution provides that no private land shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. (Section 7, Article 12, 1987 Constitution) This, however, is not set on stone as the Constitution itself provides an exceptions. It says that, notwithstanding the provisions of Section 7, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. (Section 8, Article 12, 1987 Constitution) The limitation provided by law is that if such former natural-born citizen acquires land in Metro Manila, he can do so but not exceeding 5,000 square meters. If outside, the limit is three (3) hectares. It can be acquired for all purposes. (Albano) Lands of the public domain, which include private lands, may be transferred or...

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. (Article 39, Civil Code) "Under our law it may be inferred that the acts of prodigality must show a morbid state of mind and a disposition to spend, waste, and lessen the estate to such an extent as is likely to expose the family to want of support, or to deprive the forced heirs of their undisposable part of the estate." ( G.R. No. 445, March 31, 1902 ) "[U]ndisposable part of the estate" refers to the legitime (the compulsory share of an heir). According to Albano, a spendthrift is "a person who, by excessive drinking, gambling, idleness,...

Perpetual or temporary disqualification from holding office is one example of accessory penalties if a person commits certain crimes. Others are suspension from public office, curtailment of the right to vote or be voted for and curtailment of the right to exercise a profession or calling. Here, the discussion revolves around civil interdiction, one such accessory penalty. Article 34 of the Revised Penal Code (RPC) explains the effect of civil interdiction. It shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. Albano explains that a person penalized with civil interdiction cannot make a donation inter vivos; nevertheless, he can make a will because this involves transfer of property that shall take effe...

Under Article 39 of the Civil Code of the Philippines, 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 [said 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. The giving of consent to a contract by an insane person, a demented person or a person who is deaf-mute is legally limited. Under Article 1327, the following cannot give consent to a contract: (1) unemancipated minors; (2) insane persons; (3) demented persons; and (4) deaf-mutes who do not know how to write. In Standard Oil Co. vs. Codina Arenas ( G.R. No. 5921, July 25, 1911 ), the Supreme Court said: Certainly the trial court founded its judgment on the basis of the...

It's that time of the year again – the time of the year where you can see Santa Claus decorations and Christmas trees with their different designs and colors in almost everyone's house. The legend of Santa Claus can be traced back hundreds of years ago to a monk named St. Nicholas. It is believed that Nicholas was born sometime around 280 A.D. in Patara, near Myra in modern-day Turkey. Much admired for his piety and kindness, St. Nicholas became the subject of many legends. Santa Claus, as we know him today, has only existed since the 19th century, and he first slid down the chimney in an 1812 book by Washington Irving entitled Knickerbocker's History of New York. The book includes the first known reference of St. Nicholas "rattling down the chimney." This idea of Santa Claus coming down the chimney was then popularized by the 1823 poem "A Visit From St. Nicholas," also known as "'Twas the Night Before Christmas." This poem brought about th...

The law on parricide applies when a father kills his children. For example, on Christmas Day of 2020, tragedy struck a family of four in Taguig City on Christmas day when the father hanged his two young children in their home after his wife, reportedly a call center agent, committed suicide on Christmas eve. (Jonathan Hicap, 2020. Pa kills two kids on Christmas Day after wife commits suicide. https://mb.com.ph/2020/12/25/pa-kills-two-kids-on-christmas-day-after-wife-commits-suicide) Taguig City Police Chief Col. Celso Rodriguez identified the suspect as Aiko Siancunco, 29 of Kamias St., North Signal, Taguig City who hanged three-year-old Akira and Kion, 1 at about 7:30 a.m on Dec. 25. Rodriguez said prior to the incident, Siancunco’s wife Karina committed suicide in the afternoon of Dec. 24. Siancunco reportedly suffered depression because he is jobless that led to a rift with his father and siblings and also a cause of conflict with his wife who was...

Except in cases of impeachment, or as otherwise provided in the Constitution, the President may grant reprieves, commutations, and pardons , and remit fines and forfeitures, after conviction by final judgment . (Section 19, Article 7, 1987 Constitution) Based on the above constitutional provision, can the President then validly pardon Jonel Nuezca? The answer is in the affirmative. On December 20, 2020, a shooting incident occurred in Paniqui, Tarlac, Philippines, when an off-duty police officer, Jonel Nuezca, fatally shot his two unarmed neighbors following an argument over an improvised noise maker known locally as boga. The incident was caught on camera and went viral on social media, sparking nationwide outrage with some critics blaming the government over acts of impunity and human rights abuses in recent years. (https://en.wikipedia.org/wiki/2020_Tarlac_shooting, citing Gutierrez, Jason. "A Brazen Police Shooting Caught on Video Sparks Anger in the...

Political law (or political activity law) is an established legal practice area encompassing the intersection of politics and law. Wikipedia, citing Capdale.com and Econcordia.com, describes political law as comprising the following: [1] Election law; [2] Voting rights law; [3] Campaign finance law; [4] Laws governing lobbying and lobbyists; [5] Open government laws; [6] Legislative and executive branch ethics codes; [7] Legislative procedure; [8] Administrative procedure; [9] Constitutional law; and [10] Legislative and regulatory drafting. Political laws are applied primarily to government officials, candidates, advocacy groups, lobbyists, businesses, nonprofit organizations, and trade unions. According to Cruz & Cruz (2014), political law is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. This definition, basically, can be sum...

Social media personality Xander Ford, also known as Marlou Arizala, was arrested because he allegedly physically and sexually abused his ex-girlfriend, Ysah Cabrejas. In an online post made by Cabrejas, she posted screenshots of her conversations with her ex-boyfriend wherein Xander admitted and apologized for his wrongdoing. Cabrejas also mentioned that Xander forced himself on her, adding that she would get bruises and he would get angry whenever she refused Xander's sexual requests. The Manila Regional Trial Court Branch 38 issued a warrant of arrest to Xander Ford for violating RA 9262 also known as the Anti-Violence Against Women and Their Children Act of 2004. Xander Ford is now facing charges on the complaint of his ex-girlfriend for physical and sexual violence under said law. Section 3, Paragraph A, of RA 9262 defines violence against women and their children as "any act or a series of acts committed by any person against a woman who is his wife, former wife, or again...

Would it still be considered rape if she is your wife or girlfriend? The answer is yes. Article 266-A of the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353 (The Anti-Rape Law of 1997), defines the crime of rape as follows: Art. 266-A. Rape, When and How Committed. - Rape is committed - 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat or intimidation; b) When the offended party is deprived of reason or is otherwise unconscious; c) By means of fraudulent machination or grave abuse of authority; d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. 2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any in...

A police officer who attempted to make an arrest killed the supposed arrestees by shooting them twice each in the head. The complaint was about the use of “boga,” an improvised canon usually made of bamboo, used to make noise during New Year celebrations. The victims – mother and child – resisted arrest and, instead, waited for the barangay officials to come. During the standstill, the police officer was annoyed and triggered by the ridicule made by the mother to the police officer’s daughter. In response, he killed the mother and the son: first, one shot each in the head that caused them to fall and, second, another shot each also in the head to make sure they are dead. The police officer is Jonel Nuezca; the victims, Sonya and Frank Gregorio. Does “PASSION OR OBFUSCATION” apply in this situation as a mitigating circumstance? A mitigating circumstance, under the Revised Penal Code, is any of the situations enumerated under Article 13 thereof. When such a circumstance is present, the...

Killing a person is, as a rule, a crime (technically called "a felony"). It may be homicide or murder. Generally, the killing of another person is classified as homicide unless any of the following circumstances is present, in which case homicide gets upgraded to murder: Done with treachery; Done by taking advantage of superior strength; Done with the aid of armed men; Done by employing means to weaken the defense or of means or persons to insure or afford impunity; Done in consideration of a price, reward, or promise; Done by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship; Done by means of motor vehicles; Done with the use of any other means involving great waste and ruin; Done on occasion of any of the calamities enumerated in the preceding paragraph, or of a...

What is it like to be a law student? Exhausting. Exhilarating; humiliating; intense; indescribable. Imagine taking a plane to a new country, getting off the plane and finding out that the natives speak a language you've never heard of before, and you're starting school in that language tomorrow morning. Imagine that not only is it a new language, but that the rules of logic, of argumentation, even of courtesy are different from any you've ever heard of before. And know that from the first 15 minutes in, you're being judged by your ability to perform according to these unstated rules. You generally have about 15 classroom hours each week, and you're told that homework should take about three times as long; that's about 60 hours a week. And after the first semester, that may be true; if you're really good at picking up on each teacher's style and all the words you have to look up in the dictionary, you may get it down to 60 or ...

According to Albano (pg. 180), the age of majority is now 18 years. (R.A. No. 6809) As a rule, a minor may not give consent to a contract, but look at Article 1403 of the Civil Code which provides that one of the classes of unenforceable contracts is where both parties to the same are incompetent to give consent. The contract can, however, be cleansed of its defect if their parents or guardians would ratify the same. (Art. 1407, New Civil Code) Or, if one of the parties to a contract is incapable of giving consent, the contract is voidable. (Art. 1390, New Civil Code). But if the parents or guardian of said incompetent ratify the same, it is cleansed of its defect from the moment of the signing or perfection of the contract of the minor. (Art. 1396, New Civil Code)

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. (Article 39, Civil Code) Article 39 is broader than Article 38. While the latter talks about restrictions on capacity to act, the former includes not only the  restrictions or limitations but also those circumstances that modify capacity to act . (Memorandum of the Code Commission, Lawyers’ Journal, July 31, 1953) For example, it can be said that a thirty-year-old male has full capacity to act. However, he ca...

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. (Article 38, Civil Code) There are persons who have restricted capacity to act, like minors, insanes, imbeciles, deaf-mutes, prodigals, or those under civil interdiction. Such conditions merely restrict their capacity to act. They, however, have juridical capacity and are susceptible of rights and even of obligations, when the same arise from their acts or from property relations. These persons are not exempted from their obligations. Their parents or guardians may still be liable. (Albano, pg. 179)

Being a lawyer is a lot like being a salesman, but being paid by the hour instead of by commission. It’s also like the line in the movie “Swingers” in that being a lawyer is like being “the guy behind the guy”. (Same for women - I didn't write the line, I’m just saying it’s applicable.) Let me start by saying I do corporate law. I never see the inside of a courtroom. I write and negotiate contracts for companies, large and small, I give business transaction advice. How should we structure this deal? What are the risks? How do we mitigate the risks and create a true win-win? The entire job is dealing with people and personalities. You basically talk to people and/or write all day long. You talk to your clients about what deals to do and how to do them. You talk to the other side about concerns they have and how to address them so both sides are happy with the resulting deal. Then you read and write a lot of contract language. You have to think about variou...