1. Concept Legal separation – • … refers to the state or condition wherein legally married couples choose to live physically separate lives and forego cohabitation. • … is nothing more than the bed-and-board separation of the spouses (there being no absolute divorce in this jurisdiction). (Sy v. Eufemio, En Banc, G.R. No. L-30977, 31…
Marriage – is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation,…
1. Civil personality There are two (2) kinds of persons under the law: 1) Natural persons, and, 2) Juridical persons. a. NATURAL PERSONS Birth and personality. 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…
1. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) a. Effect of pardon by the offended party A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard…
1. Concept The following contracts are inexistent and void from the beginning: 1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy; 2) Those which are absolutely simulated or fictitious; 3) Those whose cause or object did not exist at the time of the transaction; 4)…
1. Concept The following contracts are unenforceable, unless they are ratified: (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers; (2) Those that do not comply with the Statute of Frauds as set forth in this…
1. Concept Voidable contracts are binding, unless they are annulled by a proper action in court.(Paragraph 2, Article 1390, Ibid.) a. Voidable contracts The following contracts are voidable or annullable, even though there may have been no damage to the contracting parties: 1) Those where one of the parties is incapable of giving consent to…
1. Concept Contracts validly agreed upon may be rescinded in the cases established by law. (Article 1380, Civil Code) The term “rescission” is found in: 1) Article 1191 of the Civil Code, the general provision on rescission of reciprocal obligations; 2) Article 1659, which authorizes rescission as an alternative remedy, insofar as the rights and…
Contracts may be classified as follows: 1) Consensual contracts – essential requisites 2) Formal / solemn contracts – essential requisites + formality/solemnity 3) Real contracts – essential requisites + delivery of object 1. Consensual contracts a. Concept “Consensual contracts” – refer to contracts that are perfected by mere consent. The essential requisites of a consensual…
1. Rules to interpreting contracts a. Literal meaning If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. (Article 1370, Civil Code) b. Intention over words/terms If the words appear to be contrary to the evident intention of…