notes from @lexinmotion's yt videos

  Persons 16: Article 23 of the Civil Code (lexinmotion) “Now that we have covered Articles 19 to 21, the rest of the provisions in this chapter of the Civil Code are merely reading matters. Babalik tayo sa mas detailed na pagpapaliwanag, pagdating natin sa Article 36 of the Civil Code. Tinuturing silang mga reading matters, kapatid, dahil heto ang mga provision ng batas na lalaktawan lang sa klase. Hindi sila masyadong pinag-uusapan, kahit sa mga textbooks na ginagamit natin, dahil walang masyadong discussion dito ang Supreme Court o hindi rin sila itinatanong sa bar exam.”   Continuation of unjust enrichment ang Art. 23   Article 23 of the Civil Code provides that, “Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.   Note: If there is one thing you can take away from this lesson, it is this: Whe...

  Persons 15: Article 22 and the Principle of Unjust Enrichment (lexinmotion) Recap on distinctions of the cause of action: Under Art. 20 of the Civil Code, the basis of the action is always an unlawful act, or an act that is contrary to some specific provision of the law and that such act, must be done willfully or negligently. On the other hand, an action under Art. 21 of the Civil Code is one that is also called contra bonus mores . It can never be committed by mere negligence, only through a willful or voluntary act. By the end of today’s lesson, you should be able to: Define the principle of unjust enrichment; Identify the requisites for an accion in rem verso to prosper; Distinguish accion in rem verso from solutio indebiti .             Art. 22 of the Civil Code provides that, “Every person who through an act of performance by another, or any other means, acquires or comes into possession of...

  Persons 14: Article 21 and Breach of Promise to Marry (lexinmotion) Art. 21 provides that, “Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.” At the end of the lesson, you should be able to: Distinguish the causes of action under Articles 20 and 21 of the Civil Code; Identify cases where breach of promise to marry becomes an actionable wrong; Enumerate instances where volenti non fit injuria should apply. Articles 19, 20, 21 and 36 of the Civil Code are all considered bar matters under the chapter on Human Relations. For most professors, these are the only things you will need to learn. Similarities of Art. 20 and 21 The law mentions damages in both provisions. The person who causes damage shall be liable to compensate or indemnify the same. “There is an injury when there is an illegal invasion of a known right. An...

  Persons 13: Article 20 and Damnum Absque Injuria (lexinmotion) Chapter 2 of the Civil Code Note: Art. 19 should not be studied in a vacuum. It should be read in the context of Articles 20 and 21 of the Civil Code. By the end of the lesson, you should be able to: Identify the instances when the principle of damnum absque injuria is applicable. Enumerate the requisites for a case to prosper under Art. 20. Identify the provisions of the law related to Art. 20 of the Civil Code. A cause of action is a fact or set of facts, that gives rise to the right to come to court and file an action. Sa madaling sabi, ito ay ang iyong basis kung bakit o paano ka makakalapit sa ating hukom. Ayon sa Labor Code, anumang trabaho na lampas sa walong oras isang araw ay may karampatang overtime pay. (25 percent on his hourly rate for all hours of work in excess of eight hours each day; could reach up to 30 percent if it is rest day, regular holiday, or special day) E.g. Cause...

  Persons 12: Art. 19 and the Chapter on Human Relations (lexinmotion) The Chapter on Human Relations exists to prescribe the norm of conduct, or the things we have to observe, to comply with and to abide by, when we deal with other human beings. This chapter tells us about the limits of our rights, the specific causes of action or bases for legal action and the remedies for the violation of our rights. Art. 19 of the Civil Code provides that, “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.” -        This provision may be used in questions specifically referring to a problem involving abuse of rights Art. 19 of the Civil Code is also known as the principle of abuse of rights, because it tells us the hard limits of our rights. It also defines for us the maximum limitations of our rights and how these rights should be exercised. ...

  Persons 11: Lex Loci Celebrationis and Summary of Conflict of Laws (lexinmotion) Art. 17 of the Civil Code provides that, “The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.” - this paragraph introduces the concept of lex loci celebrationis - or in plain English, law of the place of the contract. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. A short provision under Art. 804 of the Civil Code: “Every will must be in writing and executed in a language or dialect known to the testator.” - may be used to the question as to whether a proxy marriage held in Mexico is valid in the Philippines An oral will is not valid under Philippine law because of the express provision of 804. Another example is Art. 808 of the Civil Code; this provision requires that if the testator who is maki...

  Persons 10: Lex Loci Rei Sitae and Art. 16 of the Civil Code (lexinmotion) The principle above means that real property is governed by the law of the place where it's located. Orion bank savings vs. Suzuki case It is a universal principle that real or immovable property is exclusively subject to the laws of the country or state it is located. The reason is found in the nature of immovable property...its immobility. Immovables are part of the country and so closely connected to it that all rights over them have their natural center of gravity there.Thus all matters concerning the title in this position of real property are determined by what is known as the lex loci rei sitae which alone can prescribe the mode by which a title can pass from one person to another or by which an interest therein can be gained or lost. This general principle includes all rules governing the descent, alienation, and transfer of a movable property and the validity effect and construction of wi...

  Persons 9: Nationality Principle and Absolute Divorces in the Philippines (lexinmotion) Article 15 provides that, “Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.” Art. 15 of the Civil Code contains the nationality principle under conflict of laws . When it comes to family rights and duties, the most basic example is Art. 194 of the Family Code which provides that, “Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family.” “The education of the person entitled to be supported referred to in the preceding paragraph shall include his school or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from the place of work.” A...

  Persons 8: Conflict of Laws and the Principle of Generality (lexinmotion) Part of the law that comes into play when the issue before the court affects some fact, event or transaction that is so clearly connected with the foreign system of the law as to the necessitate recourse to that system For this course to apply, there must always be a foreign element (a fact, event or transaction that takes place outside of Philippine territory). Conflict of laws provision of the Civil Code Art. 14 of the Civil Code provides that, “Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory subject to the principles of public international law and to treaty stipulations .” Principle of territoriality means that our laws, penal laws, laws that affect public safety and security shall be obligatory upon all who live in or sojourn in the Philippine territory. Laws of public safety apply to anyone and everyone within P...