The Grand Manner Moving Forward - The UP College of Law Freshie Starter Pack

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MESSAGE FROM THE UP SIGMA RHO FRATERNITY To all incoming freshmen of the UP College of Law A.Y. 2020-2021, We would like to once again extend our congratulations to everyone for making it this far. Entry into the UP College of Law is a feat worthy of praise in itself.

The timing of this publication is unique because the new batch of freshmen will not only have to deal with the culture shock that law school naturally brings, but will also have to adjust to the demands of distance learning during this COVID-19 Pandemic.

The UP College of Law Freshie Starter Pack by the UP Sigma Rho Fraternity therefore aims to equip the freshmen with knowledge of the basic legal principles that would hopefully ease their transition into law school.

The Primer also intends to smoothen the transition of the incoming freshmen with tips from experienced upperclassmen and trackers to better help them balance their time and monitor their progress in their subjects.

Likewise, over the course of reading through this Primer, freshmen may discover mnemonics and other memory guides that they may find useful, funny, and witty.

May these hopefully serve as a reminder that the study of the law need not be a mundane endeavor.

Welcome to the College of Law. Good luck, and dare to strive!

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TABLE OF CONTENTS 4

General Tips and Tricks for Law School

7

Constitutional Law I

8

How to Study for Constitutional Law I

9

What to Study for Constitutional Law I

13 Persons and Family Relations 14 How to Study for Persons and Family Relations 15 What to Study for Persons and Family Relations 22 Criminal Law I 23 How to Study for Criminal Law I 24 What to Study for Criminal Law I 29 Recitation and Cut Tracker

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GENERAL TIPS AND TRICKS FOR LAW SCHOOL

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HOW TO STUDY FOR LAW SCHOOL IN GENERAL 1.

Create a daily routine. Law school requires tedious preparation and dedication. As teachers and alumni often put it, law school is indeed a jealous mistress. Set aside time within your day to really study for the next day’s upcoming class. Confidence in class comes from adequate preparation.

2.

As much as possible, always come to class having read every case and provision assigned for that day. Telling your professor that you were not able to read a case is law school’s biggest mortal sin. It can be a one-way ticket to your professor walking out on your class. Not to mention, getting a singko for recitation can be pretty nasty.

3.

When studying, always have 4 things on your table - your class syllabus (which contains your case assignments for that day), your codal (where provisions can be found), your commentary (where legal authors expound on the provisions found in the codal), and your cases (whether it be a digital copy via the internet or your plain, old, stack of hardcopy readings). A good routine would be to read the provisions assigned from your codal, then to read the commentary in order for you to have a better idea of what the provision means, then to proceed to reading the case, so you can see how the Supreme Court applied that particular provision to a set of facts.

SYLLABUS

PROVISIONS

CASES

COMMENTARY

4.

When reciting, refrain from looking down on your table and just reading your notes/ digest. Stand alert, know the case and provisions by heart, and only glance at your notes once in a while. This is important because recitation is in many ways a performance - your professor has to see that you know your material well. A student who mumbles, stutters, and plainly reads his notes is one who obviously lacks preparation. You’ve never seen Harvey Specter lose his cool, have you?

5.

In connection to number 4, always remember that in law school, confidence is key. We promise you that no matter how hard you study, there will be a day that a professor will ask you a question you just do not know the answer to. DO NOT BE FAZED. Law

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students must be quick on their feet. Never show that you do not know the answer to a question and think of a way to answer based on the things you do know. Remember that the goal of recitation is to impress upon your professor that you have prepared well for his class. Fake it until you make it.

6.

Always be responsive to your professor’s questions. Professors in the College of Law are notorious for requiring their students to answer a question squarely and concisely.

To illustrate, If your professor asks you for the requisites of murder, do not not answer him with an example. It also goes without saying that part of being responsive to a professor’s questions would be actually listening to and understanding your professor’s questions. Besides, how can you properly answer a question you never even heard?

7.

When reading, practice highlighting only the important things. It is recommended to highlight only the word or phrase that encapsulates or triggers in your memory the topic or main idea of the provision. Remember that when everything is a priority, nothing really is.

8.

The provisions in the codal under the same chapter are generally interrelated, and, therefore, should be read in relation to each other so you can have a grasp of the topic as a whole.

9.

Memorizing laws and cases are boring enough as they are. Learn to make your own mnemonics or guides to memorize and understand the topics. It is the best way to infuse your studies with creativity, wit, and humor.

10. When making a digest, it would be best to adopt the “FACTS - ISSUE - RULING” format. For the ruling, make sure to indicate the law which the Supreme Court used as the basis for deciding the way it did. Digests are important. Practice how to make your own. Digests are just guides or for prompters of doctrines, concepts, or topics you are discussing. They are not substitutes for reading the original cases or the cases in full.

State only the relevant facts as well when reciting.

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CONSTITUTIONAL LAW I

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HOW TO STUDY FOR CONSTITUTIONAL LAW I 1.

Do not be daunted by the number of cases, as well as the number of pages per case assigned for Constitutional Law. Expect to read cases which span for 300 pages or more. YOU DO NOT NEED TO READ EVERY PAGE. Issue spotting is key. Know why the case is assigned, and only read the part of the case which corresponds to this.

2.

As much as possible, try to write your own digests for Constitutional Law. Several professors require their students to handwrite their digests. Ensure that your digests are as concise and straight to the point as possible.

3.

It is highly recommended that you read the entire Constitution at least once before starting Constitutional Law 1. This will allow you to have a broad picture of the landscape of the subject. Make sure to know the different branches of government and the different Constitutional Commissions by the end of your first read.

4.

When reading cases under Constitutional Law where the question is whether or not a law is constitutional, there may be discussions on judicial review. You may skip this part for all subsequent cases you will read when you are already familiar with the concept of judicial review and its elements.

5.

Before reading the SCRA copies of the cases, browse your syllabus and the assignment/s for the day. Then, read through the syllabus part of the SCRA. This is the part with the following format: “Constitutional Law; (topic, doctrine, or concept).” Check under what topic the case is assigned, take note of it, and read the rest of the case.

6.

Read Fr. Joaquin Bernas’ commentary, “The 1987 Constitution of the Republic of the Philippines: A Commentary”. As an alternative, Cruz' commentary on Constitutional Law and Political Law are also good reference materials.

7.

For midterms and/or exams review, make sure to go over your own notes for the semester. Your notes are supposed to remind you about the key things your professor says in class. Moreover, always remember to reread your Constitutional Law codal, and familiarize yourself with the powers of the different agencies of government. Also, it would be a good idea to make a reviewer for yourself as the semester goes along, as this might help you consolidate the topics of the subject faster.

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WHAT TO STUDY FOR CONSTITUTIONAL LAW I BRANCHES OF GOVERNMENT 1. The Judiciary ◦

What is Judicial power?

Includes the duty of the courts of justice to settle actual controversies ▪ involving rights which are legally demandable and enforceable, and To determine whether or not there has been a grave abuse of discretion ▪ amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. [Art. VIII, Sec. 1, 1987 Constitution] Grave Abuse of Discretion exists when there is a capricious and ▪ whimsical exercise of judgement. The abuse must be patent and gross as to amount to an evasion of a positive duty or a refusal to perform a duty enjoined by law by reason of passion or hostility.

[Intestate v. IAC, G.R. No. 72424 (1989)]

◦

What is Judicial Review?

The power of the courts to test the validity of executive and legislative acts ▪ in light of their conformity with the Constitution. [Angara v. Electoral Commission, G.R. No. L-45081 (1936)]

◦

What are the Requisites of Judicial Review?

Actual Case or Controversy - there must be a genuine conflict of legal ▪ rights and interests which can be resolved through judicial determination.

[John Hay v. Lim, G.R. No. 119775 (2003)] Precludes the courts from entertaining a request for an advisory ▪ opinion, or cases that are or have become moot and academic.

[Gonzales v. Narvasa, G.R. No. 140835 (2000)] ▪

Locus Standi or Legal Standing - a party’s personal and substantial interest in a case, arising from the direct injury it has sustained or will sustain as a result of the challenged governmental action. [CREBA v.

Energy Regulatory Commission, G.R. No. 174696 (2010)] May be brushed aside by the court as a mere procedural ▪ technicality in view of paramount public interest or transcendental importance of the issues involved. [Kilosbayan v. Guingona G.R. No. 113375 (1994)]

▪

Question Raised at the Earliest Opportunity - the question must be raised at the first court with judicial review powers. [Matibag v. Benipayo, G.R. No. 149036 (2002)] Lis Mota of the Case - the decision on the constitutional question must be determinative of the case itself. [Zandueta v. Dela Costa, G.R. No. L-46267 (1938)]

▪

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2. Legislative ◦

What is Legislative Power?

Legislative power is the authority to make, alter, and repeal laws. [Bernas, ▪ 676] Legislative power is vested in the Congress, which consists of a Senate ▪ and a House of Representatives. [Art. VI, Sec. 1, 1987 Constitution] Grant of legislative power to Congress is plenary. Congress may legislate ▪ on any subject matter provided that constitutional limitations are observed.

[Art. VI, Sec. 1, 1987 Constitution]

◦

What is the Structure of Philippine Congress?

Philippine Congress is bicameral in nature, consisting of the House of ▪ Representatives and the Senate. [Art. VI, Sec. 1, 1987 Constitution] The Senate is composed of 24 members elected at large by the qualified ▪ voters of the Philippines. [Art. VI, Sec. 2, 1987 Constitution] Senators must be: ▪ Natural born citizens of the Philippines, ▪ At least 35 years of age, ▪ Able to read and write, ▪ A registered voter, and ▪ A resident of the Philippines for not less than 2 years immediately ▪ preceding the day of the election. [Art. VI, Sec. 3, 1987 Constitution] ▪

The House of Representatives is composed of not more than 250 members, unless otherwise fixed by law (this is the reason why there are more than 250 congressmen today) consisting of: District Representatives, who are elected from the legislative ▪ districts [Art. VI, Sec. 5, 1987 Constitution], and Party-list Representatives. [R.A. 7941] ▪

▪

District Representatives must be: Natural born citizens of the Philippines, ▪ At least 25 years of age, ▪ Able to read or write, ▪ A registered voter in the district where he shall be elected, ▪ A resident of the district for a period not less than 1 year ▪ immediately preceding the day of election. [Art. VI, Sec. 6, 1987 Constitution]

▪

Party List Representatives must be: Natural born citizens, ▪ Must be at least 25 years of age on the day of the election; in case ▪ of the youth sector, he must be 25 but not more than 30 years old on the day of the election, A registered voter, ▪ A resident of the Philippines for a period not less than 1 year ▪ immediately preceding the day of the election,

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▪ ▪

◦

Able to read and write, and A bona fide member of the part or organization which he seeks to represent for at least 90 days preceding the election. [R.A. 7941, Sec. 9]

What is the Party-List System?

Party list representatives shall constitute 20% of the total number of ▪ representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations. [R.A. 7491]

3. Executive ◦

What is Executive power?

This refers to the President’s power to enforce, implement, and administer ▪ laws. The President shall ensure that the laws be faithfully executed.

[Cooley, 183]

◦

What are the Qualifications for Office of the President and the Vice President?

Natural born citizen of the Philippines, ▪ At least 40 years of age on the day of the election, ▪ Registered voter, ▪ Able to read and write, and ▪ Resident of the Philippines for at least 10 years immediately preceding ▪ such election. [Art. VII, Sec. 2, 1987 Constitution]

◦

What is the Term of Office of the President and the Vice President?

The President and the Vice-President shall be elected by the people for 6 ▪ years. [Art. VII, Sec. 4, 1987 Constitution] The president shall not be eligible for any re-election. No person who has ▪ succeeded as President and has served as such for more than 4 years shall be qualified for election to the same office at any time. [Ibid.]

◦

What is the Doctrine of Qualified Political Agency (Alter Ego Doctrine)?

All of the executive and administrative organizations are adjuncts of the ▪ Executive Department. As such, the acts of the Secretaries of the Executive departments, when performed in the regular course of business or unless disapproved by the Chief Executive, are presumptively the acts of the Chief Executive. [Villena v. Secretary of Interior, G.R. No. 46570 (1939)]

◦

What is Presidential Immunity?

The President is immune from suits during his incumbency. Such is ▪ because the immunity seeks to assure that the exercise of Presidential functions and duties are free from any hindrance or distraction. [Soliven v.

Makasiar, G.R. No. 82585 (1988)] After his tenure, the Chief Executive cannot invoke immunity from suit for ▪ civil damages arising out of acts done by him while he was President which were not performed in the exercise of official duties. [Estrada v.

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Desierto, G.R. Nos. 146710-15 (2001)] ◦

What is the Commander-in-Chief Clause?

The President has the power to call-out the Armed Forces to prevent or ▪ suppress lawless violence, invasion, or rebellion. [Art. VII, Sec. 18, 1987 Constitution] ▪

The conditions of “actual invasion or rebellion” and “public safety requiring it” need not concur before the President may exercise his calling out power. The only criterion is that “whenever it becomes necessary”, the President may exercise his calling-out power. [SANLAKAS v. Executive Secretary, G.R. No. 159085 (2004)]

◦

What are the Grounds for Suspension of Writ of Habeas Corpus?

The privilege of the writ can only be suspended when there is an invasion ▪ or rebellion, when public safety requires it. [Art. VII, Sec. 18, 1987 Constitution]

◦

When can Martial Law Be Declared?

Martial Law can only be declared when there is an invasion or rebellion, ▪ when public safety requires it. [Ibid.]

A state of Martial Law does not suspend the operation of the Constitution, ▪ nor supplant the functioning of the courts or legislative assemblies. [Ibid.]

◦

What is the Extent of the Pardoning Power of the President?

The President can grant reprieves, commutations, pardons, remission of ▪ fines, forfeitures, and amnesty. [Art. VII, Sec. 19, 1987 Constitution] The President may extend executive clemency for administrative ▪ penalties. The Constitution makes no distinction as to the extent of the pardoning power, except with respect to impeachment cases. [Llamas v.

Orbos, G.R. No. 99031 (1991)]

SEPARATION OF POWERS ◦

What is the Doctrine of Separation of Powers?

The principle of separation of powers ordains that each of the 3 great ▪ branches of the government has exclusive cognizance of and is supreme in matters falling within its constitutionally allocated sphere. [Defensor v.

Guingona, G.R. No. 134577 (1998)] The principle of separation of powers obtains not through express ▪ provision but by actual division in our Constitution. [Angara v. Electoral Commission, G.R. No. L-45081 (1936)] Such principle exists to prevent the concentration of authority in one ▪ person or group that might lead to irreparable error or abuse in its exercise to the detriment of republican institutions. [Pangasinan v. PSC, G.R. No. 47065 (1940)]

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CITIZENSHIP ◦

Who are Citizens of the Philippines?

Those citizens of the Philippines at the time of the adoption of the ▪ Constitution, Those whose parents are citizens of the Philippines, ▪ Those born before January 17, 1973 of Filipino mothers, who elect ▪ Philippine citizenship upon reaching the age of majority, and Those who are naturalized in accordance with the law. [Art. IV, Sec. 1, ▪ 1987 Constitution]

◦

Who are Natural-Born Filipinos?

Those who are citizens of the Philippines from birth who do not have to ▪ acquire any act in order to acquire or perfect their Philippine citizenship.

[Art. IV, Sec. 2, 1987 Constitution]

SUFFRAGE ◦

What are the Requisites for One to Vote?

Must be 18 years of age, ▪ Must be a Philippine citizen, ▪ Resident of the Philippines for at least 1 year before the date immediately ▪

PERSONS AND FAMILY RELATIONS ▪

preceding the election, and Resident of the place wherein he proposes to vote for at least 6 months immediately preceding the election. [Art. V, Sec. 1, 1987 Constitution] Residence is the same as domicile for the purposes of election and ▪ suffrage. Residence is defined as the place where one stays on a temporary basis. On the other hand, domicile is a fixed permanent residence, where a person has animus revertendi (intent to return).

[Romualdez-Marcos v. COMELEC, G.R. No. 119976 (1995)]

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HOW TO STUDY FOR PERSONS AND FAMILY RELATIONS 1.

Your primary reference, whether a commentary or a book, depends on the assignment of your professor, or the professor teaching your class. The Legarda commentary, the Pangalangan commentary, and the Sempio-Diy handbook are common references for Persons class. For advanced reading, Arturo Tolentino’s commentary on the Civil Code is the main text used for the Civil Code portion of Persons class. Justice Paras’ commentary will suffice as both a Civil Code and Family Code reference. However, it is still recommended to wait for professors to be assigned before purchasing a commentary that will serve all your Persons and Family Relations needs for the first semester.

2.

In Persons class, codal provisions and jurisprudence are of paramount importance.

While commentaries are very useful In Persons and Family Relations, develop mastery on the Family Code itself, and the cases. Never read cases in a vacuum. As the Family Code is a relatively recent law, jurisprudence is in a state of constant evolution and you will have to get used to tracking the development of certain doctrines over time.

3.

MEMORIZE PERTINENT PROVISIONS (especially the ones your professors emphasize). Memorize the grounds for annulment, legal separation, the difference between voidable and void.

4.

Out of all the freshman first semester subjects, it is in Persons and Family Relations where the facts matter most when reading cases. Oftentimes, you will have to take note of the dates of events. Learn how to identify the relevant facts. Persons classes tend to have more cases per session compared to other classes, and identifying the facts pertinent to the topic will save you a lot of time, energy, and ink.

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WHAT TO STUDY FOR PERSONS AND FAMILY RELATIONS GENERAL PRINCIPLES 1.

What is the Civil Code?

The collection of laws regulating private relations of the members of civil society, ◦ determining their respective rights and obligations, with reference to persons, things, and civil acts.

2.

When do Laws Become Effective?

Laws shall take effect 15 days after completion of their publication in the Official ◦ Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. [Art. 2, Civil Code] Other presidential issuances which apply only to particular persons or class of ◦ persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned. [Tañada v Tuvera, G.R. No. L-63915, (1986)]

3.

What is the Effect of Ignorance of the Law? Ignorance of the law excuses no one from compliance therewith. [Art. 3, Civil ◦ Code] There is a difference between ignorance of the law and a misunderstanding of it ◦ due to its complicated language. [Kasilag v Rodriguez, G.R. No. 46623 (1939)]

4.

What are the Rules Pertaining to the Retroactivity of Laws? ◦ General Rule: Laws are not retroactive. [Art. 4, Civil Code] ◦ Exceptions: When retroactivity is specified, remedial statutes, curative statutes, interpretive laws, penal statutes beneficial to the accused, and laws that create new rights. [Ibid.] ◦ Exception to the exception: When, due to retroactivity, a person’s constitutional rights are compromised.

5.

What are the Rules Governing the Repeal of Laws? are repealed only by subsequent ones, and their violation or non◦ Laws observance shall not be excused by disuse, or custom or practice to the contrary.

[Art. 7, Civil Code] ◦

Kinds of Repeals Express or declared repeal - Specifically states it repeals a law.

▪ Implied or tacit repeal - Provisions of the subsequent law are ▪ irreconcilably incompatible or inconsistent with those of an earlier law .

[Javier v. COMELEC, G.R. No. 215847 (2016)]

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6.

What is Stare Decisis and Hierarchy of Laws? ◦ Stare Decisis - Only Supreme Court decisions are treated as precedents. Those decisions become judicial precedent to be followed in subsequent cases by all courts in the land. [Lazatin v. Desierto, G.R. No. 147097 (2009)] ◦ Hierarchy of Laws - Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. [Art. 7, Civil Code]

7.

What are the Rules Governing the Determination of Years, Months, Days, or Nights?

When the laws speak of years, months, days or nights, it shall be understood that ◦ years are of 365 days each; months of 30 days; days of 24 hours; and nights from sunset to sunrise. [Art. 13, Civil Code] If months are designated by their name, they shall be computed by the number of ◦ days which they respectively have. [Ibid.]

DEFINITION OF A PERSON ◦

What are the Kinds of Persons?

Natural Persons - human beings or men, exist in nature, perceptible to ▪ the senses, and products of procreation. [Paras, 235] Juridical Persons - entities forced by association of men as artificial, ▪ fictitious, abstract or moral persons, who have no physical existence, but only exist in contemplation of law and products of legal fiction (i.e. corporations, associations, estates). [Ibid.]

RULES ON MARRIAGE ◦

When is a Breach of promise to marry an Actionable Wrong?

Ordinarily, a mere breach of promise to marry is not an actionable wrong.

▪ But to formally set a wedding and go through all the necessary preparations and publicity and only to walk out of it when matrimony is about to be solemnized, is against good customs. [Wassmer v Velez, G.R. No. L-20089 (1964)]

◦

What is the Definition of Marriage?

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, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. [Art. 1, Family Code] ▪

Memorize very well, and divide the provision to understand it better.

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◦

What are the Requisites of Marriage?

Essential Requisites ▪ Legal Capacity, ▪ Must be male and female, ▪ Consent freely given, and ▪ In the presence of the solemnizing officer. [Art. 2, Family Code] ▪ ▪

Formal Requisites Authority of solemnizing officer, ▪ Valid marriage license, except marriages of exceptional ▪ circumstances, and A marriage ceremony with the appearance of the contracting ▪ parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. [Art. 3, Family Code]

Combinations of Essential and Formal Requisites and their Subsequent Legal Effect Essential

Formal

Verdict

Yes

Yes

VALID

No

Yes

VOID

Yes

No

VOID, but the person who caught the irregularity is held civilly, criminally, or administratively liable

Defect

Yes

VOIDABLE

Irregularity

VALID, but offender is held civilly, criminally, or administratively liable

Yes

VOID MARRIAGES ◦

What are the Grounds of Void Marriages?

◦

Marriages void from the beginning Those contracted by any party below eighteen years of age even with the ▪ consent of parents or guardians; Those solemnized by any person not legally authorized to perform ▪ marriages unless such marriages were contracted with either or both

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▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪

parties believing in good faith that the solemnizing officer had the legal authority to do so; Those solemnized without license, except those covered the preceding Chapter; Those bigamous or polygamous marriages not failing under Article 41; Those contracted through mistake of one contracting party as to the identity of the other; and Those subsequent marriages that are void under Article 53. [Art. 35, Family Code] Those between ascendants and descendants of any degree, and Those between brothers and sisters, whether full or half blood, [Art. 37, Family Code] Those between collateral blood relatives, whether legitimate or illegitimate, up to the 4th civil degree, Between step-parents and step-children, Between parents-in-law and children-in-law, Between the adopting parent and the adopting child, Between the surviving spouse of the adopting parent and the adopted child, Between the surviving spouse of the adopted child and the adopter, Between an adopted child and a legitimate child of the adopter, Between the adopted children of the same adopter, and Between the parties where one, with the intention to marry the other, killed that other person’s spouse or his or her own spouse. [Art. 38, Family Code]

◦

Subsequent Marriages Refer to Wiegel v. Sempio-Diy, G.R. No. L-53703 (1986). Note the date of ▪ its promulgation as it is a landmark case. Compare to Tenebro v. CA, G.R. No. 150758 (2004) as well as Justice Carpio’s dissenting opinion.

◦

What is Psychological incapacity?

A marriage contracted by any party who, at the time of celebration, was ▪ psychologically incapacitated to comply with the essential marital obligations shall likewise be void, even if incapacity manifests only after solemnization. [Art. 36, Family Code] Psychological incapacity must be characterized by (a) gravity, (b) juridical ▪ antecedence, and. (c) incurability.

The incapacity must be grave or serious such that the party would ▪ be incapable of carrying out the ordinary duties required in marriage; It must be rooted in the history of the party antedating the marriage, ▪ although the overt manifestations may emerge only after the marriage; and It must be incurable or, even if it were otherwise, the cure would be ▪ beyond the means of the party involved. [Santos v Court of Appeals, G.R. No. 112019 (1995)]

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▪

Look up and review the enumeration under the Molina Doctrine [Republic v. Molina, G.R. No. 108763 (1997)] The burden of proof to show the nullity of the marriage belongs to ▪ the plaintiff.

The root cause of the psychological incapacity must be: a) ▪ medically or clinically identified, b)alleged in the complaint, c) sufficiently proven by experts and d) clearly explained in the decision.

The incapacity must be proven to be existing at "the time of the ▪ celebration" of the marriage.

Such incapacity must also be shown to be medically or clinically ▪ permanent or incurable.

Such illness must be grave enough to bring about the disability of ▪ the party to assume the essential obligations of marriage.

The essential marital obligations must be those embraced by ▪ Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children.

Interpretations given by the National Appellate Matrimonial Tribunal ▪ of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts.

VOIDABLE MARRIAGES ◦

What are the Grounds for Annulment?

One of the parties is 18 or above but below 21 years old, and there is no ▪ parental consent.

Either party was of unsound mind (insanity).

▪ The consent of either party was obtained through fraud: ▪ Through non-disclosure of a previous conviction of a crime ▪ involving moral turpitude; Through concealment by the wife of the fact that at the time of the ▪ marriage she was pregnant by another man; Through concealment of a sexually transmitted disease, regardless ▪ of its nature, existing at the time of marriage; Through concealment of drug addiction, habitual alcoholism or ▪ homosexuality/lesbianism [Rabuya, 311] ▪ ▪ ▪

The consent of either party was obtained through force, intimidation, or undue influence.

Either party is physically incapable of consummating the marriage (impotence).

Either party has a serious and incurable sexually transmissible disease, even if not concealed. [Art. 45, Family Code]

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LEGAL SEPARATION ◦

What are the Grounds for Legal Separation?

Repeated physical violence or grossly abusive conduct directed against ▪ the petitioner, a common child, or a child of the petitioner, Physical violence or moral pressure to change religious or political ▪ affiliation, Attempt to corrupt the petitioner, a common child, or a child of the ▪ petitioner to engage in prostitution, or connivance in such corruption or inducement, Final judgement sentencing the respondent to imprisonment of more than ▪ 6 years, Drug addiction or habitual alcoholism, ▪ Lesbianism or homosexuality of the respondent, ▪ Contracting by the respondent of a subsequent bigamous marriage ▪ whether in the Philippines or abroad, Sexual infidelity, ▪ Attempt against the life of the petitioner, or ▪ Abandonment of petitioner by respondent without justifiable cause for ▪ more than 1 year. [Art. 55, Family Code]

◦

What are the Defenses against Legal Separation?

Where the aggrieved party has condoned the offense or act complained ▪ of, Where the aggrieved party has consented to the commission of the ▪ offense or act complained of, Where there is connivance between the parties in the commission of the ▪ offense or act constituting the ground for legal separation, Where both parties have given ground for legal separation, ▪ Where there is collusion between the parties to obtain legal separation, or ▪ Where the action is barred by prescription. [Art. 56, Civil Code] ▪

◦

What are the Effects of a Legal Separation Decree?

The innocent spouse may revoke the donations made by him or her in ▪ favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located.

Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. [Art. 64, Civil Code] If the spouses should reconcile, a corresponding joint manifestation under ▪ oath duly signed by them shall be filed with the court in the same proceeding for legal separation. [Art. 65, Civil Code]

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▪

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The reconciliation referred to in the preceding Articles shall have the following consequences: The legal separation proceedings, if still pending, shall thereby be ▪ terminated at whatever stage; and The final decree of legal separation shall be set aside, but the ▪ separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist, unless the spouses agree to revive their former property regime.

The court’s order containing the foregoing shall be recorded in the ▪ proper civil registries. [Art. 66, Civil Code]

Foreign Divorces By reason of comity, the Supreme Court allows recognition of divorces ▪ between foreigners and Filipinos, if these divorces are held valid in a foreigner's state. [Tenchavez v. Escano, G.R. No. L-19671, (1965) and compare with the later case of Republic v. Manalo, G.R. No. 221029 (2018)]

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CRIMINAL LAW I

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HOW TO STUDY FOR CRIMINAL LAW I 1.

Books or commentaries recommended would be those by Reyes, Boado, or Palattao.

For review during finals and midterms, make sure to focus on the codal as well on pertinent special laws, such as the Indeterminate Sentence Law (ISL).

2.

Memorize enumerations and latin maxims. Criminal Law 1 contains a lot of latin maxims which explain or summarize the topics or principles.

3.

Answering in recitations requires you answer directly, and concisely.

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WHAT TO STUDY FOR CRIMINAL LAW I ◦

What is Criminal Law? Criminal law is that branch of law which defines crimes, treats of their ▪ nature, and provides for their penalties Remember DTP – Defines crimes, Treats of their nature, and Provides for ▪ their penalties It is substantive law; it is substantive because it defines the right of the ▪ state to inflict punishment and the liability of the offenders, it is public because it deals with the relation of the individual with the state.

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What is a Crime?

A crime is an act or omission in violation of a law forbidding it, or ▪ commanding it.

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What are the sources of Philippine criminal law?

Where does the State get its authority to punish crimes?

▪ The State derives such authority as an inherent attribute of its ▪ sovereignty, and from police power What are the limitations on the power to enact penal legislation?

▪ Remember ReSPeL – Revised Penal Code (RPC), Special Penal ▪ Laws, Penal Provisions in other Laws, and Local Ordinances RPC provisions ▪ Special Penal Laws ▪ Penal Provisions in other laws ▪ Local Ordinances ▪

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What does Nullum crimen, nulla poena sine lege mean?

There is no crime where there is no law punishing it.

▪

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What are the Characteristics of Criminal Law? Remember GTP – General, Territorial, Prospective ▪ GTP Principles, or Principles of; ▪ Generality – Means that Philippine Criminal Law applies to all who ▪ live or sojourn in the Philippines Territoriality – Acts or omissions done within Philippine territory are ▪ punishable by Philippine Criminal Law ▪

Exceptions (CAPON) Counterfeiting of Philippine currency or coins or introduction ▪ thereof into the country, Acts related to such counterfeiting or introduction of counterfeit ▪ Philippine currency or coins, Philippine Ships, Airships, Vessels registered in and with the ▪ Philippines,

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▪ ▪ ▪

Official Acts related or done in performance of official duty by Philippine public officials, Acts or omissions done against the National Security or the Law of Nations.

Prospectivity Generally, Philippine Criminal Law applies only to acts or omissions ▪ done after the effectivity of said law Exception is when there be a provision or effect in the law which ▪ would be beneficial to the accused, in which case retroactivity of application shall be allowed Exception to the exception: ▪ A person shall be deemed to be habitually delinquent, if ▪ within a period of ten (10) years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener.

(Revised Penal Code, art. 62(5), as amended by Rep. Act No. 7659, sec. 23)

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Construction / Interpretation of Penal Laws Penal Laws are strictly construed against the State; they are construed ▪ liberally in favor of the accused.

The Spanish text of the RPC prevails over the English transaction.

▪ Penal Laws shall have retroactive application if they are favorable to the ▪ accused.

If in case a penalty is provided by law, but the court or judge finds the ▪ penalty to be grave and undeserved.

Read on the effects of repeal/amendment of penal law.

▪

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Felonies How are felonies committed?

▪ Presumption of intent – When an act is done with malice, it is ▪ presumed that there was intent in doing that act.

Compare Intent v. Motive ▪ ▪

How is criminal liability incurred?

By any person committing a felony (delito) although the wrongful ▪ act done is different from that which he intended.

By any person performing an act which would be an offense against ▪ persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

▪

Who are criminally liable?

For grave and less grave felonies: Principles, accomplices, and ▪ accessories

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▪

▪

Exception: Generally, the punishment for accessories shall not be imposed upon those who are accessories with respect to their spouses, ascendants, descendants, brothers and sisters, or relatives by affinity within the same degrees For light felonies: Principles and accomplices

▪

What is a principal?

The following are principals: ▪ Those who take a direct part in the execution of the act ▪ (principal by direct participation), Those who directly force or induce others to commit it ▪ (principal by inducement), Those who cooperate in the commission of the offense by ▪ another act without which it would not have been accomplished (principal by indispensable cooperation), Punished by the penalty prescribed by law.

▪

▪

What is an accomplice?

Anyone who does not fall under the definition of a principal, and ▪ knowingly and intentionally cooperates in the execution of the offense by prior or simultaneous acts.

One can be an accomplice even if he did not know of the actual ▪ crime intended by the principal, provided he was aware that it was an illicit act.

Punished by the penalty one degree lower than that prescribed for ▪ the principal

▪

What is an accessory?

Accessories are those who, having knowledge of the commission of ▪ the crime, take part after the crime is committed through any of the following means: By profiting themselves or assisting the offender to profit by ▪ the effects of the crime.

By concealing or destroying the body of the crime, or the ▪ effects or instruments thereof, in order to prevent its discovery.

By harboring, concealing, or assisting in the escape of the ▪ principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

Punished by the penalty two degrees lower than that ▪ prescribed for the principal.

▪

Can criminal liability be affected?

Yes, by: ▪ Justifying Circumstances, ▪

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▪ ▪ ▪ ▪

Exempting Circumstances, Mitigating Circumstances, Aggravating Circumstances, Alternative Circumstances,

▪

What are Justifying Circumstances?

The act done is lawful under the circumstances and the person is ▪ free from criminal and civil liability. They are: Self-Defense, ▪ Defense of Relatives, ▪ Defense of Stranger, ▪ Avoidance of greater evil or injury, ▪ Fulfillment of Duty or lawful exercise of right or office, ▪ Obedience to an order issued for some lawful purpose, ▪ Battered Woman Syndrome.

▪

▪

What are Exempting Circumstances?

Under these circumstances, there is a crime, but the person who ▪ committed the act is not subjected to criminal liability. They are: Imbecility or Insanity, ▪ Minority, ▪ Accident, ▪ Compulsion of irresistible force, ▪ Impulse of uncontrollable fear, ▪ Insuperable or lawful cause ▪

▪

What are Mitigating Circumstances?

Those which do not free the actor from criminal liability, but reduce ▪ the penalty. They are: Incomplete Justifying or Exempting Circumstances, ▪ Over 15 and under 18 years old, or above 70 years old, ▪ No intention to commit so grave a wrong, ▪ Sufficient provocation or threat, ▪ Immediate vindication of a grave offense, ▪ Passion or obfuscation, ▪ Voluntary Surrender, ▪ Voluntary plea of guilt, ▪ Plea to a lower offense, ▪ Physical defect, ▪ Illness, ▪ Analogous Circumstances.

▪

▪

What are Aggravating Circumstances?

Those which increase the penalty imposed to the maximum period ▪ provided by law for the offense, or change the nature of the crime.

They are: Taking Advantage of Public Office, ▪ Insult to Public Authorities, ▪

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▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪

Lack of Regard due to offended party by reason of rank, age, or sex, Abuse of Confidence, Crime in the Palace or in the presence of the President, Nighttime, Uninhabited place, or with a band, During a calamity, Aid of armed men or means to insure impunity, Recidivism, Habituality, Price, Reward, or Promise, Inundation, Fire, Poison, Evident Premeditation, Craft, Fraud, or Disguise, Superior Strength or Means to Weaken Defense, Treachery, Ignominy, Unlawful Entry, Breaking wall, floor, roof, With aid of persons under 15 by motor vehicle, Cruelty.

What are Alternative Circumstances?

Those which can be either aggravating or mitigating, according to ▪ the nature of the crime and the other conditions of its commission.

They are: Relationship, ▪ Intoxication, ▪ Degree of education of the offender.

▪

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RECITATION AND CUT TRACKER

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