Death; Effects; Simultaneous Death

CIVIL LAW QUESTION 1999

Mr. and Mrs. Cruz, who are childless, met with a serious motor vehicle accident with Mr. Cruz at the wheel and Mrs. Cruz seated beside him, resulting in the instant death of Mr. Cruz. Mrs. Cruz was still alive when help came but she also died on the way to the hospital. The couple acquired properties worth One Million (P1 ,000,000.00) Pesos during their marriage, which are being claimed by the parents of both spouses in equal shares. Is the claim of both sets of parents valid and why? 

(b) Suppose in the preceding question, both Mr. and Mrs. Cruz were already dead when help came, so that no-body could say who died ahead of the other, would your answer be the same to the question as to who are entitled to the properties of the deceased couple? 

SUGGESTED ANSWER:

(a) No, the claim of both parents is not valid. When Mr. Cruz died, he was succeeded by his wife and his parents as his intestate heirs who will share his estate equally.   His estate was 0.5 Million pesos which is his half share in the wife, will, therefore, inherit 0.25 Million Pesos and his parents will inherit 0.25 Million Pesos. When Mrs. Cruz died, she was succeeded by her parents as her intestate heirs. They will inherit all of her estate consisting of her 0.5 Million half share in the absolute community and her 0.25 Million inheritance from her husband, or a total of 0.750 Million Pesos.

 In sum, the parents of Mr. Cruz will inherit 250,000 Pesos while the parents of Mrs. Cruz will inherit 750,000 Pesos.

(b) This being a case of succession, in the absence of proof as to the time of death of each of the spouses, it is presumed they died at the same time and no transmission of rights from one to the other is deemed to have taken place. Therefore, each of them is deemed to have an estate valued at P500,000,00, or one-half of their conjugal property of P1 million. Their respective parents will thus inherit the entire P1 Million in equal shares, of P500,000.00 per set of parents

Death; Effects; Simultaneous Death

CIVIL LAW QUESTION 1998

Jaime, who is 65, and his son, Willy, who is 25, died in a plane crash. There is no proof as to who died first. Jaime's only surviving heir is his wife, Julia, who is also Willy's mother. Willy's surviving heirs are his mother, Julia and his wife, Wilma.

1. In the settlement of Jaime's estate, can Wilma successfully claim that her late husband, Willy had a hereditary share since he was much younger than his father and, therefore, should be presumed to have survived longer? 

2. Suppose Jaime had a life insurance policy with his wife, Julia, and his son, Willy, as the beneficiaries.  Can Wilma successfully claim that one-half of the proceeds should belong to Willy's estate? 

SUGGESTED ANSWERS:

1. No, Wilma cannot successfully claim that Willy had a hereditary share in his father's estate. Under Art. 43, Civil Code, two persons "who are called to succeed each other" are presumed to have died at the same time, in the absence of proof as to which of them died first. This presumption of simultaneous death applies in cases involving the question of succession as between the two who died, who in this case are mutual heirs, being father and son.

2. Yet, Wilma can invoke the presumption of survivorship and claim that one-half of the proceeds should belong to Willy's estate, under Sec. 3 (jj) par. 5 Rule 131, Rules of Court, as the dispute does not involve succession. Under this presumption, the person between the ages of 15 and 60 years is deemed to have survived one whose age was over 60 at the time of their deaths. The estate of Willy endowed with juridical personality stands in place and stead of Willy, as beneficiary.

What entries in the Civil Registry may be changed or corrected without a judicial order?

CIVIL LAW QUESTION 2006

SUGGESTED ANSWER:  

Only clerical or typographical errors and first or nick names may be changed or corrected without a judicial order under RA 9048.

Clerical or typographical errors refer to mistakes committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register. The mistake is harmless and innocuous, such as errors in spelling, visible to the eyes or obvious to the understanding, absolute community amounting to 1 Million Pesos.  This and can be corrected or changed only by reference to other existing records. Provided, however, that no correction must involve the change of nationality, age, status or sex of the petitioner. 

Change of Name; Under RA 9048

CIVIL LAW QUESTION 2006

Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar of Mandaluyong City under the administrative proceeding provided in Republic Act No. 9048. He alleged that his first name sounds ridiculous and is extremely difficult to spell and pronounce. After complying with the requirements of the law, the Civil Registrar granted his petition and changed his first name Zirxthoussous to "Jesus." His full name now reads "Jesus delos Santos."

Jesus delos Santos moved to General Santos City to work in a multi-national company. There, he fell in love and married Mary Grace delos Santos. She requested him to have his first name changed because his new name "Jesus delos Santos" is the same name as that of her father who abandoned her family and became a notorious drug lord. She wanted to forget him. Hence, Jesus filed another petition with the Office of the Local Civil Registrar to change his first name to "Roberto." He claimed that the change is warranted because it will eradicate all vestiges of the infamy of Mary Grace's father.

Will the petition for change of name of Jesus delos Santos to Roberto delos Santos under Republic Act No. 9048 prosper? 

SUGGESTED ANSWER: 

No, under the law, Jesus may only change his name once. In addition, the petition for change of name may be denied on the following grounds:

(1)          Jesus is neither ridiculous, nor tainted with dishonor nor extremely difficult to write or pronounce.

(2)          There is no confusion to be avoided or created with the use of the registered first name or nickname of the petitioner.

(3)          The petition involves the same entry in the same docu¬ment, which was previously corrected or changed under this Order [Rules and Regulations Implementing RA 9048]. 

Prejudicial Questions

CIVIL LAW QUESTION 1997

In the context that the term is used in Civil Law, state the

(a) concept, (b) requisites and (c) consequences of a prejudicial question.

SUGGESTED ANSWER:

 (a)  Concept 

A prejudicial question is one which must be decided first before a criminal action may be instituted or may proceed because a decision therein is vital to the judgment in the criminal case. In the case of People vs. Adelo Aragon (L-5930, Feb. 17, 1954), the Supreme Court defined it as one which arises in a case, the resolution of which question is a logical antecedent of the issues involved in said case and the cognizance of which pertains to another tribunal (Paras, Vol. 1, Civil. Code Annotation, 1989 ed. p, 194).

(b)    Requisites

 1 The prejudicial question must be determinative of the case before the court.

2 Jurisdiction to try said question must be lodged in another tribunal.

(c) Consequences 

The criminal case must be suspended. Thus, in a criminal case for damages to one's property, a civil action that involves the ownership of said property should first be resolved (De Leon vs. Mabanag. 38 Phil. 202) 

Inferior Courts Decisions

CIVIL LAW QUESTION 1996

Are decisions of the Court of Appeals considered laws? 

SUGGESTED ANSWERS:

1)     a) No, but decisions of the Court of Appeals may serve as precedents for inferior courts on points of law not covered by any Supreme Court decision, and a ruling of the Court of Appeals may become a doctrine. (Miranda vs.. Imperial 77 Phil. 1066).

b) No. Decisions of the Court of Appeals merely have persuasive, and therefore no mandatory effect. However, a conclusion or pronouncement which covers a point of law still undecided may still serve as judicial guide and it is possible that the same maybe raised to the status of doctrine. If after it has been subjected to test in the crucible of analysis, the Supreme Court should find that it has merits and qualities sufficient for its consideration as a rule of jurisprudence (Civil Code, Paras).

Ignorance of the Law vs. Mistake of Fact

CIVIL LAW QUESTION 1996

Is there any difference in their legal effect between ignorance of the law and ignorance or mistake of fact?

SUGGESTED ANSWER:

Yes, there is a difference. While ignorance of the law is not an excuse for not complying with it, ignorance of fact eliminates criminal intent as long as there is no negligence (Art, NCC). In addition, mistake on a doubtful or difficult question of law may be the basis of good faith (Art. 526. NCC). Mistake of fact may, furthermore, vitiate consent in a contract and make it voidable (Art. 1390. NCC).

ALTERNATIVE ANSWER:

Yes. ignorance of the law differs in legal effect from Ignorance or mistake of fact. The former does not excuse a party from the legal consequences of his conduct while the latter does constitute an excuse and is a legal defense 

Equity follows the Law

CIVIL LAW QUESTION 2003

It is said that “equity follows the law” What do you understand by this phrase, and what are its basic implications?

SUGGESTED ANSWER:

“Equity Follows the law” means that courts exercising equity jurisdiction are bound by rules of law and have no arbitrary discretion to disregard them. (Arsenal v IAC, 143 SCRA 40 [1986]).  Equity is applied only in the absence of but never against statutory law. (Toyota Motor Phil. V CA 216 SCRA 236 [1992]).  

Effectivity of Laws

CIVIL LAW QUESTION 1990

After a devastating storm causing widespread destruction in four Central Luzon provinces, the executive and legislative branches of the government agreed to enact a special law appropriating P1 billion for purposes of relief and rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, it is provided in its effectivity clause that it shall take effect upon approval and after completion of publication in the Official Gazette and a newspaper of general circulation in the Philippines. The law was passed by the Congress on July 1, 1990. Signed into law by the President on July 3, 1990, and published in such newspaper of general circulation on July 7, 1990 and in the Official Gazette on July 10, 1990.

(a) As to the publication of said legislative enactment, is there sufficient observance or compliance with the requirements for a valid publication? Explain your answer.

(b)  When did the law take effect? Explain your answer.

(c)  Can the executive branch start releasing and disbursing funds appropriated by the said law the day following its approval? Explain your answer.

SUGGESTED ANSWER:

 (a) Yes, there is sufficient compliance.  The law itself prescribes the requisites of publication for its effectivity, and all requisites have been complied with. (Article 2, Civil Code)

(b) The law takes effect upon compliance with all the conditions for effectivity, and the last condition was complied with on July 10, 1990.  Hence, the" law became effective on that date.

(c)   No. It was not yet effective when it was approved by Congress on July 1, 1990 and approved by the President on July 3, 1990. The other requisites for its effectivity were not yet complete at the time.

How would you compare the Civil Law system in its governance and trend with that of the Common Law system?

CIVIL LAW QUESTION 1997

SUGGESTED ANSWER:

As regards "governance": Governance in Civil Law is codal, statutory and written law. It is additionally derived from case law. Common law is basically derived from case law.

As regards "trend": Civil law is now tending to rely more and more on decisions of the courts explaining the laws. Common law is now codifying laws more and more. So they are now merging towards similar systems.

Additional Answers:

1. COMMON LAW refers to the traditional part of the law as distinct from legislation; it refers to the universal part of law as distinct from particular local customs (Encyclopedia Americana, Vol. 7). On the other hand, CIVIL LAW is understood to be that branch of law governing the relationship of persons in respect of their personal and private interests as distinguished from both public and international laws.

In common law countries, the traditional responsibility has for the most part been with the judges; in civil law countries, the task is primarily reposed on the lawmakers. Contemporary practices, however, so indicate a trend towards centralizing that function to professional groups that may indeed, see the gradual assimilation in time of both systems. [Vitug, Civil. Law and Jurisprudence, p. XX)

2. In Civil Law, the statutes theoretically take precedence over court decisions interpreting them; while in Common Law, the court decisions resolving specific cases are regarded as law rather than the statutes themselves which are, at the start, merely embodiments of case law. Civil Law is code law or written law, while Common Law is case law. Civil Law adopts the deductive method - from the general to the particular, while the Common Law uses the inductive approach ¬from the particular to the general. Common Law relies on equity. Civil Law anchors itself on the letter of the law. The civilists are for the judge-proof law even as the Common Law Is judge-made law. Civil Law judges are merely supposed to apply laws and not interpret them.