FAMILY CODE OF THE PHILIPPINES

Skip to content EULOGIO OCCENA vs. HON. PEDRO M. ICAMINA, PEOPLE OF THE PHILS., & VEGAFRIA G.R. No. 82146,January 22, 1999 FERNAN, C.J.: Facts:  Petitioner Occena filed a criminal complaint for Grave Oral Defamation against private respondent Cristina Vegrafia for allegedly publicly and maliciously uttering the following insulting words and statements: “Gago ikaw nga Barangay Captain, montisco, traidor, malugus, Hudas.” Private respondent as accused therein entered a plea of not guilty. After trial, private respondent was convicted of the offense of Slight Oral Defamation and was sentenced to pay a fine of Fifty Pesos (P50.00) with subsidiary imprisonment in case of insolvency and to pay the costs. No damages were awarded to petitioner. Issue:  Whether the petitioner is entitled to an award of damages for the case of slight oral defamation. Ruling:  PETITION GRANTED. The decision of the RTC is MODIFIED and the private respondent is ordered to p...

Skip to content Banal vs. Tadeo Facts:  The Petitioner is one of the complainants in the criminal cases filed against Rosario Claudio. Claudio is charged with 15 separate informations for violation of BP22. Claudio pleaded not guilty upon arraignment. Petitioner moved to intervene through a private prosecutor but it was rejected by respondent judge on the ground that the charge is for the violation of Batas Pambansa Blg. 22 which does not provide for any civil liability or indemnity and hence, “it is not a crime against property but public order.” Petitioner filed a motion for reconsideration but was denied by the respondent judge. Issue: Whether or not a private prosecutor may intervene in the prosecution. Held:  Yes. Under Art. 100 of the RPC, ‘every person criminally liable for a felony is also civilly liable.’ Thus a person committing a felony offends  (1) the society in which he lives in or the political entity  whose law he had violated;and...

The latin word means," To interpret and harmonize laws is the best method of interpretation."

Title I MARRIAGE Chapter I Requisites of Marriage             Article I.  Marriage is a special contract of permanent 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, except the marriage settlements may fix the property relations during the marriage within the limits provided by this code. (52a) Concept of Marriage.             As a status, it is the civil status of one man and one woman legally united for life, with rights and duties which for the establishment of families and multiplication and education of the species are, or from time to time, may thereafter be assigned by law to matrimony ( bishop, marriage, d...

Case Digest of Llamzares v. COMELEC  (IRISH V. DE RAMA, Ed.D.) MARY GRACE NATIVIDAD S. POE-LLAMANZARES VS COMELEC et al (March 8, 2016; G.R. No. 221697) FACTS: Grace Poe-Llamanzares wishes to run for the Office of the President of the Republic of the Philippines. However, she's a foundling. Her parents are unknown. Mr. and Mrs. Militar who found the infant Grace in a church gave her to Mr. and Mrs. Poe, her adoptive parents. The child was then named Mary Grace Natividad Contreras Militar. Grace was adopted by celebrity spouses Ronald Allan Kelley Poe (a.k.a. Fenando Poe, Jr.) and Jesusa Sonora Poe (a.k.a. Susan Roces).  Although there wereannotations placed in the child’s foundling certificate but it was only in 2005 that Susan Roces found out that their lawyer failed to secure a new Certificate of Live Birth with a Poe’s new name as well as the name of the adoptive parents. Roces then submitted an affidavit and in 2006, a Certificate of Live Birth...

Solutio Indebiti means legal basis of the principle that "no  one shall enrich himself at the expense of another.

SECTION 20 EVERY PERSON WHO  CONTRARY TO LAW,   WILLFULLY OR NEGLIGENTLY CAUSES DAMAGE    TO ANOTHER SHALL INDEMNIFY THE     LATTER FOR THE SAME. The principle in Article 20 of the New Civil Code is founded on basic rule that every person  who is criminally liable (Art 100,RPC) It was true whether the act is intentional or unintentional as when a person kills another or when a person hit by a vehicle  hitting the driven by another without the intention of hitting the victim. CASE 1. OCCENA V. ICAMINA G.R. No. 82146, January, 1990 FACTS: Respondents was found guilty of slight oral defamation and sentenced to a fine of P50 in case of insolvency, but no civil liability arising from the felonious act of the accused was adjudged. Held: This is erroneous, As a general rule, a person who is found to be criminally liable offends two (2) entities the state or society in which he lives and the individual . Ca...