ARTICLE 3 Ah Chong invoked self-defense stating that it was a mistake of

Ignorance of the law excuses no one from compliance therewith fact because he honestly believed that his life was in danger.

Ignorance of facts (Mistake of Fact) Supreme Court Ruling:

If there is a legitimate good faith and basis of mistake of fact, it Had it been true that the one who entered the room was an
can be an excuse. Can be an absolutory circumstance. Frees intruder, then Ah Chong had all the right to defend himself and
someone from criminal liability. The presence of mistake of fact his act of killing the intruder would have been justified.
could negate some requirements of criminal liability like criminal Ah Chong exercised due diligence in trying to prevent the
intent. Had the facts been true as the individual believed them to incident by calling out thrice to the person outside.
be, the individual would be exonerated from any liability. Mistake of fact can be a defense provided that his actions
Requisites: were not tainted with negligence.
(1) The act would have been lawful had the facts been as the Someone who acted in self-defense cannot be criminally and
accused believed them to be civilly liable.
(2) That the intention of the accused in performing the act should
be lawful Processual Presumption
(3) Act is not tainted with negligence In instances when a foreign law relevant in the issue of the case
is not duly proven, it shall be presumed that such foreign law is
US v. Ah Chong the same with our laws. (Yao Kee v. Gonzales)
Ah Chong works as a cook and in connection with his work,
he was allowed to live in a certain quarter together with another Yao Kee v. Gonzales
employee named Pascual. This involves the estate of a certain China man, Sy Kiat who
Robberies were common in the place and Ah Chong made it a died intestate in the Philippines leaving properties in the
habit to keep a kitchen knife beneath his pillow. Since the room Philippines and some heirs.
has no permanent lock, they improvised by placing a hook from Upon his death, one group of heirs headed by Aida Gonzales,
the inside and reinforced it by placing a chair against the door. claimed to be the legitimate children of the late Sy Kiat and
One night, Ah Chong was soundly asleep when he was moved for the settlement of the estate left by their father and be
suddenly awakened by someone who was forcibly opening the appointed as the administratrix of the estate.
door. He called out twice asking the person to identify himself but This petition was opposed by a Chinese woman named Yao
got no answer. Kee who claims to the lawful wife of the deceased. She claimed
The door suddenly swung open pushing the chair forward that she and Sy Kiat had children.
thereby hitting Ah Chong in the knees. As it was dark, Ah Chong Primordial issue: Whether or not Yao Kee was lawful wife of
honestly believed that he was under attack, and so he took his the deceased.
kitchen knife and struck the intruder, which turned out to be
Pascual who eventually died.
During the trial, Yao Kee tried to prove that she was lawfully
married to Sy Kiat pursuant to a marriage ceremony celebrated in ARTICLE 4
China in accordance with Chinese laws and customs. Laws shall have no retroactive application, unless the
Art 26 of the Family Code, validity of the marriage is contrary is provided.
determined by the law of the place where the marriage is General rule: Laws shall have prospective application (Prospective law
solemnized. (lex loci celebracionis) - a law that applies to facts, events and transactions occurring after the
Unfortunately for Yao Kee, she failed sufficiently to prove law took effect)
Chinese law on marriage and so the court had difficulty resolving
the issue whether Yao Kee was legally married to Sy Kiat. Exception:

Supreme Court Ruling:  When the law is penal or criminal in nature, provided
Applied the principle of Processual presumption (In instances that it is favorable to the accused
when a foreign law relevant in the issue of the case is not duly
proven, it shall be presumed that such foreign law is the same People v. Patalin
with our laws) Involves prosecution of the crime of robbery with multiple
Since the Chinese law on marriage has not been duly proved, rape. At the time the crime was committed, the crime was
we now apply Philippine law on marriage. For a marriage to be punished by death.
valid in Philippine law, it must comply with 5 requisites (2 During the pendency of the trial, death penalty was abolished.
essential and 3 formal) Trial went on and when the decision was rendered, death penalty
1. Consent mutually given was reimposed.
2. Legal Capacity Issue: Whether or not the accused can be punished with
3. Authority of the solemnizing officers death considering that at the time the crime was committed,
4. Valid marriage license death penalty was imposable but was abolished during the
5. Marriage ceremony pendency of the case and when the decision was made, death
The marriage of Yao Kee and Sy Kiat had no participation of a penalty was reimposed?
solemnizing officer because under Chinese customs, they
claimed, marriage can be solemnized without a solemnizing Supreme Court Ruling:
officer. SC taking cue from the principle that when the law involved is
SC ruled that since the marriage of Yao Kee and Sy Kiat in penal in nature, the accused cannot be penalized by death
China had no solemnizing officer, and applying the Philippine law because when death penalty was abolished during the pendency
now pursuant to the Processual presumption doctrine, it is of the trial, that law was favorable to the accused and should
obvious that the marriage is void for lack of one of the formal therefore be given retroactive application.
requisites. Supreme Court invoked the rule that penal laws should be
given retroactive application when favorable to the accused.
Hence, the accused can no longer be penalized with death Central Bank refused invoking a Central bank circular which
penalty. The effect of the amendatory law abolishing death says that foreign currency deposits are exempted from
penalty retroacts to the time the crime was committed. garnishment, execution and other processes of the court.
The fact that death penalty was reimposed when the decision The said circular was lifted from the Foreign Currency Deposit
was rendered does not matter because the accused had already Act which makes foreign currency absolutely confidential. Hence,
vested rights when the death penalty was abolished during the it cannot be subject of execution or garnishment.
pendency of the trial. The family filed an action for declaratory relief to settle once
and for all the applicability of the central bank circular and foreign
currency deposit act to the case at hand.
ARTICLE 10 Issue: Whether the foreign currency deposit of the accused
In case of doubt in the interpretation or application of laws, it is can be garnished to satisfy the monetary award rendered by the
presumed that the lawmaking body intended right and justice to court.
prevail.
Supreme Court Ruling
Presumption: Laws are aimed at promoting justice. The Supreme Court, applying Sec 10 of the Civil Code, said
that in case of doubt in terms of the interpretation and application
Salvacion v. Central Bank of laws, it is presumed that the lawmaking body intended right
Salvacion, a 12 year old girl was illegally detained and and justice to prevail.
repeatedly raped by a foreigner, a tourist. The foreigner was The SC examined the rationale behind the Foreign Currency
arrested and the parents of Salvacion filed civil action for Deposit Act and it was established that the purpose of the law
damages arising from the same crime. was to encourage foreign investment to help steer the local
Insofar as the criminal case was concerned, when the hearing economy.
was set, the accused escaped. By way of incentive to foreign investors, the Congress offered
The civil action continued and after trial, judge rendered in to protect foreign currency deposits against execution,
favor of the complainant and court awarded damages in favor of attachment, garnishment and other court processes.
the victim. Obviously the purpose is to protect legitimate investors, so
The accused was nowhere to be found. The family tried to that foreign investors would deposit their currency in the local
enforce the monetary judgment obtained from the court in the banks, enough to be utilized for banking purposes. This was not
civil and when they discovered that the accused had bank intended to protect transient individuals who do not intend to
deposits, an action for garnishment was filed, requesting the keep their money in the bank for a long time.
bank to release certain amount enough to satisfy the monetary Keeping the foreign currency deposits of the accused away
judgment of the court. from the processes of our courts would be a grave injustice to a
Filipino citizen who was victimized by a tourist.
Under Art 10 the obvious purpose of the law is right and Justice was served by allowing Stephanie to use as middle
justice and where is justice when a foreigner who bastardizes a name the family name of her mother.
Filipino citizen is allowed to protect himself by invoking our own
law?
The SC will not hesitate to deviate from the obvious language
of the law if only to serve the ends of justice. ARTICLE 14
Penal laws and those of public security and safety shall be
In re adoption of Stephanie Garcia obligatory upon all who live or sojourn in Philippine territory,
Petition for adoption filed by the natural father Mr. Catindig of subject to the principles of public international law and
an illegitimate daughter Stephanie Nathy Astorga Garcia. treaty stipulations.
The court granted the petition for adoption but the court fixed
the name of the child to be Stephanie Nathy Catindig. Subjective Territoriality principle
Mr. Catindig filed a motion for clarification praying that his The country where the crime was started may have jurisdiction
daughter should be allowed to use the surname of her biological over the crime even if the crime was completed in another
mother Garcia as her own middle name. country.
The Court denied the request for the reason that there is no
law that allows the adopted child to use the family name of the People v. Tulin
mother as the child’s middle name. Involves the crime of piracy involving a vessel somewhere in
Mindanao. The vessel was seized by the pirates and forcibly
Supreme Court Ruling brought to Singapore.
The purpose of adoption is for the benefit of the adopted child, While the vessel was in Singapore, a foreigner joined the
to elevate the status of an illegitimate child to that of a legitimate pirates and supervised the unloading of the petroleum products
child. and transferring them to another vessel.
If a child is adopted, he now possesses all the rights and All the pirates, including the foreigner were arrested because
privileges being enjoyed by legitimate children. they returned to the Philippines.
Under the law, legitimate children use the surname of their The foreigner went to the SC on the main argument that he
biological mother as their middle name cannot be convicted of the crime because his alleged
It would be unjust that an adopted child who is supposed to participation in the piracy took place only in Singapore which is
enjoy the same rights and privileges being enjoyed by legitimate beyond the territorial jurisdiction of the Philippines.
children to be discriminated by disallowing her to use the
surname of her biological mother as her middle name. Supreme Court Ruling
If the law does not prohibit, it allows. While it is true that the actual participation of the accused took
place in Singapore which is beyond the territorial jurisdiction of
the Philippines, it shall be noted that the crime started in the was a continuing offense and during the transport, the animals
Philippines when the vessel was forcibly seized by the pirates were treated inhumanely.
and continued until the vessel reached Singapore. Since the crime which begun in Formosa was completed in
When the accused joined the pirates, his involvement was the Philippines, Philippine courts have jurisdiction to try and
deemed to be a continuation of the entire criminal process. convict the offenders.
The crime started in the Philippines but was completed in
Singapore and it doesn’t matter if his involvement only took place
in Singapore because he was part of the criminal process of The Philippines adhere to both subjective and objective principles
piracy.
One of the exceptions of the territoriality principle is when the Art 15
offender commits any of the crimes commit any of the crimes
against national security and the law of nations and piracy is Laws relating to family rights and duties or to the status,
classified as crime against national security and law of nations. condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad.
Objective Territoriality principle
The country where the crime was completed may exercise What law governs personal status of foreigners?
jurisdiction even if it was started outside. Art 15 applies as well to foreigners even if literally it mentions only
Filipinos. Hence, just like Filipinos who are governed by Philippine laws
US v. Bull wherever they may be, foreigners insofar as family rights, duties,
Involves a shipment of some animals from Formosa (now status, condition, or legal capacity, are also governed by their own
Taiwan) on board a certain vessel. The animals were treated national law even if they are in the Philippines.
inhumanely. The manner by which the animals were treated
allegedly violated a certain law which penalizes inhumane Cases:
treatment of animals.
When they arrived in the Philippines, they were arrested but in Recto v. Harden
their defense, they advanced the argument that they cannot be Atty. Recto, a prominent lawyer happens to represent a client
tried because the Philippine courts had no jurisdiction since the who is an American citizen, Mrs. Harden. His services were
crime was started and committed in Formosa. engaged by Mrs. Harden to protect her interests in some
properties in the Philippines. This was resorted to by Mrs. Harden
Supreme Court Ruling preliminary to her petition for divorce against her husband in the
While it is true that the shipment started in Formosa, it is also US.
true that the shipment entered in the Philippines and the crime In their contract, Mrs. Harden agreed to pay Atty Recto
professional fees. After rendering his professional services, Atty
Recto collected his fees as stipulated in the contract.
Mrs. Harden refused to pay the stipulated attorney’s fees. Van dorn v. Romillo
This prompted Atty Recto to go to court and file an action to A foreigner and a Filipina, and a divorce decree was obtained
collect. in the US.
In refusing to pay, Mrs. Harden argued that the stipulations in After obtaining the divorce, the husband returned to the
the contract cannot be validly enforced because the contract is Philippines and filed an action, in his capacity as the husband of
void for it was entered into in connection with the divorce that she the wife, that he be allowed to administer the properties which he
filed against her husband in the States. Hence, since divorce was claimed to be belonging to the conjugal partnership.
involved, the contract is void because divorce is against public The wife said that he cannot anymore file the action for he is
policy in the Philippines. no longer her husband pursuant to the divorce decree obtained.
The husband argued that the divorce decree cannot be
recognized in the Philippines because Philippines does not
Supreme Court Ruling recognize divorce, it being against public policy. Hence, he
SC ruled in favor of Atty Recto. remains to be her husband.
Contract of professional service was not entered into in
connection with the divorce. The contract was to protect the Supreme Court Ruling
interests of Mrs. Harden in relation to her properties in the Being a foreigner, the husband is governed by his own
Philippines. national law and being a US citizen, divorce is recognized and
Even assuming that the contract was entered into in therefore, the divorce decree obtained in the US validly binds the
connection with a petition for divorce, it does not follow that the husband.
contract is void insofar as Mrs. Harden is concerned. She is an Insofar as Philippine law is concerned, he is no longer the
American citizen and insofar as validity of divorce, she is husband of the Filipina wife.
governed by her own national law. Since divorce is valid in the The SC did not rule on the validity of divorce insofar as the
US, the contract shall be valid insofar as Mrs. Harden is Filipina wife was concerned but on the validity of divorce on the
concerned. part of the American husband pursuant to the nationality theory.
Art 15 applies as well to foreigners even if literally it mentions
only Filipinos so that like Filipinos who are governed by Philippine
laws wherever they may be, foreigners insofar as family rights, Imelda Pilapil v. Ibay Somera
duties, status, condition, or legal capacity, are also governed by A couple, German and a Filipina. The German husband
their own national law even if they are in the Philippines. obtained a divorce decree before the German courts.
After the divorce was obtained, the husband returned to the
Philippines, and when he discovered that while they were still
married, the wife played fire with another man, he sued for
adultery.
The wife argued he cannot anymore institute the criminal No. Article 16 and not 15 shall apply. Pursuant to Art 16, all
action for adultery because under Philippine laws, the private matters concerning the contract involving property shall be
offended party in the crime of adultery is the husband and since governed by the law of the country where the property is located.
the German cannot anymore be considered as her husband at Hence, the legal capacity of the German to buy property shall be
the time of the institution of the action as a result of the divorce governed by Philippine laws, and under our laws the age of
obtained, he has no personality to institute the action for adultery. majority is 18.

Supreme Court Ruling 2. When it involves the legal capacity of an heir to inherit
The legal personality to institute a criminal action for adultery from a decedent.
should be determined at the time of the filing of the action. Since
the husband is governed by his own law, the divorce decree that Example: If you are a Filipino and your father is a German
he obtained in Germany should be considered as valid insofar as national, the issue of whether or not you are entitled to inherit
he is concerned, from your German father is not determined by your national law.
Since the divorce is valid, the husband then cannot anymore The legal capacity of an heir to inherit Art 1039 is governed by
be considered as an offended husband. the national law of the decedent. Hence, German laws shall
apply, by way of exception to Article 15.
Exceptions:
Where legal capacity is not governed by Article 15 3. When it involves the legal capacity of a testator to make a
will
1. When the contract involves property.
In laws involving succession, legal capacity to make a will is
The legal capacity of the parties concerned is to be determined subsumed under extrinsic validity of a will, hence shall be
by the law of the place where the property is located. While governed by Article 17 and 815
status or legal capacity is generally governed by the national law Example: When a Filipino citizen executes a will in Japan leaving
of the individual, this is not so when the status concerns itself properties in the Philippines to his Vietnamese girlfriend, the
with a contract involving property. issue of whether or not he has the capacity issue to execute the
Distinguish ordinary contract from a contract of property: will is not determine by Philippine laws but by Japanese laws
Ordinary contract - A contract which does not involve property = where the will was executed.
Article 15 applies (Nationality Theory)
Contract involving property = Article 16 applies (Lex Rei Sitae)
Example: Can a 15 year old German buy a property in the
Philippines? (He is of age in Germany but is still a minor in the
Philippines)
4. When it involves the legal capacity to contract marriage
Legal capacity to contract marriage is generally not governed by 1. If the issue involves succession, even if property is
Article 15 except if the party is a Filipino. (Because then Art 15 involved (2nd par of Art 16)
nationality theory shall apply)
General rule: What law governs the capacity of a contracting a. Order of succession (Who should inherit first)
party to contract marriage (Art 17 lex loci celebracionis shall b. Amount of succession rights (How much is one entitled to
apply) inherit)
(Art 17 shall apply lex loci celebracionis, Art 26 2nd par – if a party is a c. Intrinsic validity of testamentary provisions
Filipino)
Shall not be governed by Lex Rei Sitae but by the national law of
ARTICLE 16 the decedent (not the heir). (Art 15)
Real property as well as personal property is subject to the Do not confuse decedent with heir.
law of the country where it is situated.
However, intestate and testamentary successions, both with 2. If the property is merely incidental to the transaction.
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of Example: When A and B enters into a contract involving the
testamentary provisions, shall be regulated by the national design of A’s house because B is an interior designer. The
law of the person whose succession is under consideration, contract is entered into in Japan and the property is in the
whatever may be the nature of the property and regardless Philippines. In Japan, 15 years old may validly enter into a
of the country wherein said property may be found. contract. But in the Philippines, a person should be 18 years old.
Is the contract valid?
1st paragraph: Espouses the principle of Lex Rrei Sitae.
If the transaction involves property, all components of transaction Yes. While the contract involves property, it being the subject of
shall be governed by Lex Rex Sitae (Law of the country where interior decoration, the nature of the transaction is merely a
the property is located) contract of service. The property merely being incidental. (The
property is not the subject of the contract and it is not a contract
Matters governed by of Lex Rei Sitae involving the conveyance of a title or property) Hence, it is just an
1. Capacity of the contracting parties ordinary contract.
2. Formalities of the contract involving properties
3. Intrinsic validity
4. Conveyances, prescription, easements, eminent domain,
accession, registration, title, possession

Exceptions:
Rule on ordinary contracts the Civil Code and such provision finds no application because
the property subject of the intended sale is located in Japan,
Capacity of contracting parties shall be governed by Art 15 (Nationality hence lex rei sitae applies and the issue if it can be validly
theory) and not Lex Rei Sitae because the property involved is merely disposed of shall be determined by Japanese laws.
incidental.
Supreme Court Ruling
Extrinsic validity of ordinary contracts – Art 17 Lex Rei Sitae only applies only when the issue of the case
involves title or possession of property. In this case, there is no
Rule: If the contract involves property as the subject of the dispute as to who owns the Niponggo property because it is
contract, all aspects of the contract shall be governed by Art 16 established that it belongs to the Philippine government. And
Lex Rei Sitae. But if it is an ordinary contract where property is since Lex Rei Sitae cannot apply, Philippine laws should govern.
merely incidental, capacity – Art 15 while formalities – Art 17
Understand Art 16 in relation to Art 17 Effect if a juridical transaction is entered into favorable to
the unborn child and dies before birth
Laurel v. Garcia Does not comply with conditions of Art 41
Involves a property popularly known as the Niponggo property Effect: The presumptive civil personality will not ripen into a full
located in Japan which was ceded to the Philippine government civil personality. Hence, the transaction will not have any legal
by way of compensation to the damage caused by Japan to the effect.
Philippines during the war.
During the time of Pres. Aquino, that Niponngo property has Geluz v. Court of Appeals
been abandoned by the govt. The government thought of Action for damages filed by a father against a doctor who
disposing the Niponggo property so the proceeds will be used in performed 3 abortions on his wife.
pursuit of the CARP. Issue: Whether or not the husband has the cause of action to
The intended sale was met by objections invoking the national recover damages arising from the death of the fetus
patrimony clause of the Constitution, saying that the property is
so valuable and historical value. Supreme Court
Issue: Whether or not the Niponggo property can be validly Only he who suffered injury has the right to recover damages
sold to a third party? and not anyone else. If the victim died, the action may be
The opposition argued that under the Civil Code provisions, pursued by the heirs.
Niponggo property was considered part of the public domain
because it was intended for some public service. Hence, it cannot In this case, the fetus died while it was still inside the womb, it
be subject to a contract and beyond the commerce of man. did not become a person because it was not born, and it did not
The govt argued that the classification of the Niponggo
property as part of the public domain is based on the provision of
have any right and when it died, it transmitted nothing to the evidence, that the person who disappeared really died, the
parents. presumption does not apply.
It does not follow however that the father cannot claim
damages at all, but not on behalf of the child, but due to his Eastern Shipping Lines v. Josephine Lucero
anxiety and frustration from parental expectation. Lucero is captain of a vessel and his services were engaged
The father failed to prove moral damages arising from the by the company on a voyage, Philippines to Hongkong and back.
abortion. He did not appear to be suffering from the agony of the Under the contract, his wife shall be the allottee of his salary.
death of his child. But the vessel encountered huge waves brought about by the
typhoon.
Civil personality is extinguished by death Captain Lucero sent distress messages to the company, the
And all his rights and obligations die with him. last message being that the crew are ready to abandon the ship.
3 presumptions governing death: Everyone accepted that Lucero is already dead, except the
1. Presumption of death (Rule 131 RRC Sec 3 par W) wife.
When the dead body cannot be found – A person may be She argued that contract shall only be terminated upon the
considered dead when the presumption applies: arrival of the vessel to the Philippines and because the vessel
It arises when: has not yet arrived, she shall continue to receive the salary of the
Someone disappeared without trace; his whereabouts husband.
unknown She also contended that her husband cannot be presumed
dead because the presumptive period of death of 4 years has not
Rule: yet expired.
Disappearance under ordinary circumstance:
Presumption of death: 7 years of absence Supreme Court Ruling
Succession: 10 years before his estates can be divided by the The rule on the presumption of death applies only when there
heirs (Except: When the father disappeared after the age of 75 – is absence of evidence to prove the fact of death.
absence of 5 years only) In the case at bar, there is preponderance of evidence that the
Remarriage: 4 years captain really died when the vessel capsized.
Disappearance under extraordinary circumstances when The rule on presumption does not apply, but the
there is danger of death preponderance.

Presumption of death: 4 years of absence 

Remarriage: 2 years
Applies only in the absence of evidence to prove the fact of
death. Otherwise, when there is enough preponderance of