Civil Code of the Philippines

CASE DIGEST Capitle , et al. v.  Vda . De  Gaban , et al., G.R. No.  146890, June 8, 2004 Fabian Correjado inherited from his father two parcel of land subject of the case at bar. Fabian died intestate in 1919. He was survived by four children, namely: Julian, Zacarias, Francisco and Manuel, all surnamed Correjado. After Fabians death in 1919, his son Julian occupied and cultivated the two subject parcels of land until his death in 1950. He was survived by three children (Respondent). Julians brother Francisco died in 1960. He was survived by five children. And his other brother Zacarias died in 1984. He was survived by seven children. The petitioners were the descendant of Zacarias and Francisc they are filed a complaint on  November 26, 1986  for partition of the property and damages against to respondent Julians Children, alleging that Fabian married twice. First with the mother of Julian, and subsequent one with the mother of Francisco, Zaca...

CASE DIGEST G.R. No. L-23226             March 4, 1925 VICENTE SEGOVIA,  petitioner-appellee, vs. PEDRO NOEL,  respondent-appellant. Provincial Fiscal Diaz for appellant. Del Rosario and Del Rosario for appellee. Vicente Zacarias as amicus curiae. Fact: Vicente Segovia was appointed justice of the peace of Dumanjug, Cebu, on January 21, 1907. He continuously occupied this position until having passed sixty-five mile- stones, he was ordered by the Secretary of Justice on July 1, 1924, to vacate the office. Since that date, Pedro Noel, the auxiliary justice of the peace has acted as justice of the peace for the municipality of Dumanjug. Segovia filed a petition for quo warranto proceedings in the Court of First Instance of Cebu to inquire into the right of Pedro Noel to occupy the office of justice of the peace, to oust the latter therefrom, and to procure reinstatement as justice of the peace of Dumanjug. Issue: Wh...

The CIVIL CODE R.A. No. 386 ARTICLE 19 Reported by: JOY G DE LOYOLA MARY GRACE DE LUMBAN Article 19 Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith Definition of Terms Right-   Every well-grounded claim on other is called a right, and, since the social character of man gives the element of mutuality to each claim, every right conveys along with it the idea of obligation. Duty-  A human action which is exactly conformable to the laws which requires us to obey them. A moral obligation or responsibility Justice -   The constant and perpetual disposition to render to every man his due. Good Faith-   An honest intention to abstain from taking any  unconscientiously  advantage of another, even though the forms or technicalities of law, together with an absence of all information or belief of facts whic...

The CIVIL CODE R.A. No. 386 ARTICLE 4 Reported by: JOY G DE LOYOLA MARY GRACE DE LUMBAN ARTICLE 4 Law shall have no retroactive effect, unless the contrary is provided. Concept of Retroactive or Retrospective L aw - one which looks backward or contemplates the past; one which is made to affect acts or transactions occurring before it came into effect, or rights already accrued, and which imparts to them characteristics, or ascribes to them effects, which were not inherent in their nature in contemplation of law as it stood at the time of their occurrence (Black on Interpretation of Laws, 380) Prospective Operation of Laws  All statutes are to be considered as having only a prospective operation, unless the purpose and intention of the lawmaking body give them a retrospective effect is expressly declared or is necessarily implied from the language used. Usury Laws Prospectively Construed; consideration of Prior Occurrences Permitte d ...

Sibil na kodigo ng Pilipinas Artikulo 1. Ang Artikulo ay dapat kilala bilang “Civil Code of the Philippines” Ang Civil Code ay kilalang  samahan  ng mga bastas na nagpapanatili ng kaayusan at kaugnayan ng bawat kasapi ng lipunan, Nagpapakilala ng mga karapatan at responsibilidad ng bawat isa. Articulo 2. Ang Batas ay dapat epektibo lamang ng labing limang araw kasunod ng pagpapahayag alinman sa Official Gazette o sa mga pahayagan ng Pilipinas. Maliban na lang kung ipinagkaloob ito. Ang Code na ito ay dapat epektibo ng isang taon pagkatapos ipahayag.   Articulo 3.  Ang kawalan ng kaalamanan sa batas ay hindi maaaring gamitin o sabihin bilang pangdepensa sa nagawang kasanalan. Articulo 4.  Ang batas ay dapat walang pang nakaraan epekto maliban na lang kung ang kasalungat nito ay naibigay. Articulo 5.  Batas  na naisakatuparan mula sa sapilitan o pumipigil ng batas ay mababaliwala, maliban kung batas mismo ang nagpapahintulot nito....