8/8/2019 Balane Recent Jurisprudence Lecture Notes

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Balane Recent Jurisprudence Lecture Notes

Abuse of Rights Doctrine (Art. 19-21, NCC)

Abuse of rights doctrine has been upheld as avalid source of cause of action for damages.

Corporate executive who was denied his

application for membership in a country clubwithout notice can claim damages. (CebuCountry Club vs. ___ )

Student who was denied to take examinationsfor refusing to buy tickets for a school activitycan claim damages against school. (Reginovs. Pangasinan Colleges)

Memorize definition of bad faith.

Foreign Divorce (Art.26)

Requisites so that Filipino spouse can remarry:1. Marriage between Filipino and Foreigner.2. Valid foreign divorce decree.

3. Obtained at instance of foreign spouse. Although spouses are both Filipinos during

time of marriage but one spouse subsequentlybecomes a naturalized citizen of anothercountry, a divorce decree obtained by suchspouse after naturalization capacitates theother Filipino spouse to remarry (Republic vs.Orbecido)

Marriage License

5-year cohabitation as exemption to acquireML: Balane says Ninal vs. Bayadog is sounddoctrine but Republic vs. Dayot (most recentcase) provides that there should be noimpediment to marry only at time of marriage.

Psychological Incapacity

There is no requirement that the person soughtto be declared as psychologically incapacitatedbe examined by a psychiatrist or psychologist.

Void Marriages

Validity of marriage may only be impugnedsolely by either Husband or Wife.

Remedy of heirs if both have died: file apetition for settlement of the estate and bring

up validity of marriage. Except when (a) thecase is already pending; or (b) if marriagecelebrated under the NCC (not FC).

Lack of cohabitation not a ground forannulment, legal separation (Villanueva vs.CA)

Art. 147

Elements:1. Man and Woman have capacity to marry

2. Cohabitation3. Exclusive cohabitation4. No marriage or marriage is void.

Co-ownership arises; Wages, salaryproperty acquired during cohabitation areowned 50:50. Presumption that all wages,

etc. are acquired during cohabitation.

Art. 148

Lack of one of the elements in Art. 147

Actual joint contributions only; nopresumption, actual proof must be shown.

If marriage is void (including Art, 36),there is no ACP or CPG, special co-ownership only under Art. 147 and 148above. Except: subsequent void marriageunder Art. 53. 2nd marriage is void forfailure to obtain declaration of nullity butACP and CPG exists. (Valdez vs. RTC)

Illegitimate Filiation

GR: Proceedings to raise illegitimacymust be before death of putative parent.Exc: litis pendentia

DNA is now acceptable as scientificmethod to determine filiation (Agustin vs.CA, Herrera vs. Alba)

As a general rule, illegitimate child usesthe surname of mother but may usefathers surname if recognized. (RA 9255)

Legitimated Children

GR: The parents of the illegitimate childmust have had no impediment to marryduring the conception/birth of child so thatthe latter may be legitimated upon themarriage of the former.

Exc: if the only impediment is the minorityof one or both spouses, child nonethelessmay be legitimated.

Support

Food, clothing, shelter, education,transportation, medical attention

Against whom?

SpouseDescendantsAscendantsBrothers and Sisters

Priority of Recipients:Child under parental authoritySpouseDescendantsAscendants

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. Brothers and Sisters

Parental authority exercised until emancipationbut obligation to support never ceases. (Limvs. Lim)

Support demandable when needed, payablewhen demanded.

Damages/Injury caused on Student

Injury inflicted on student by outsiders insideschool premises: School is liable on breach ofcontract (obligation of student to obey the rulesand obligations of the school and thereciprocal obligation of the school to keep thestudent safe in its premises)

Student was shot by security guard employedby school. School liable solidarily with securityagency. (Soliman vs. Tuason, Saludaga vs.FEU)

Damages/Injury caused by Student Below 18 Art. 219 (authorized school act);

parent/guardian subsidiarily liable

Above 18 Art. 2118(7); academic institution:teacher, not school, liable; non-academicinstitution: head of establishment liable.

Right of Woman to bear surname

Options:

1. husbands full name with prefix Mrs.

(Mrs. Juan dela Cruz)2. her maiden first name and surname and

add the surname of husband (Maria Clara-

dela Cruz)3. her maiden first name and her husbands

surname (Maria dela Cruz)4. maiden name only (Maria Clara)

Case: 1st passport bore womanssingle/maiden name. Upon renewal, 2nd

passport changed to married name, onrenewal for latest passport, wished to revertback to single/maiden name. (not separatednor annulled) Held: using married name on firstrenewal means she made a choice to usemarried name, hence, she cannot revert backto maiden name. (Remo vs. Sec. of Education)

RA 9048

Administrative correction of entry:1. clerical error2. change in first name/nickname

Law does not remove authority of RTC/MTC judges to change names. If judge hasauthority, follow procedure in Rules of Court.

Succession