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Every person must, in the There is a common element under Arts.
exercise of his rights and in the 19 and 21, and that is, the act must be
performance of his duties, act done intentional. However, Art. 20 does
with justice, give everyone his not distinguish, the act may be done
due, and observe honesty and either willfully or negligently.
good faith. (Art. 19 of NCC) (Albenson Ent. Corp. vs. CA)
NOTE: The elements of an abuse of right The SC in Pe vs. Pe, applying Art.
under Art. 19 are: 21 ruled that a married man had seduced
1. There is a legal right; a girl through an ingenious and tricky
2. Which is exercised in bad faith; scheme, i.e. on the pretext of teaching
3. For the sole intent of prejudicing her how to pray the rosary, to the extent
or injuring another. (Albenson of making her fall in love with him.
Ent. Corp. vs. CA) Verily, he has committed an injury to
the girls family in a manner contrary to
The SC in Velayo vs. Shell held the morals, good customs and public policy.
defendant liable under Art. 19 for
disposing of its property (a perfectly However, in Tanjanco vs. CA,
legal act) in order to escape the reach of the SC denied the award of moral
a creditor. Likewise, in Globe Mackay damages based on the fact that for one
Cable and Radio Corp. year, from 1958-1959, the plaintiff, a
vs. CA, the employer corporation was woman of adult age, maintained
held liable for damages for an abusive intimate sexual relations with
manner in dismissing an employee, as defendant, with repeated acts of
well as for the inhuman treatment the intercourse. Such conduct is
latter got from them. incompatible with the idea of seduction.
Plainly, there is here voluntariness and
Every person who, contrary to mutual passion; for had the plaintiff
law, willfully or negligently been deceived, had she surrendered
causes damage to another, shall exclusively because of the deceit, artful
indemnify the latter for the persuasions and wiles of defendant, she
same. (Art. 20 of NCC) would not have again yielded to his
Any person who willfully causes embraces, much less for one year
loss or injury to another in a without exacting early fulfillment of the
manner that is contrary to alleged promises of marriage and would
morals, good customs or public have cut short all sexual relations upon
policy shall compensate the finding that defendant did not intend to
latter for the damage. (ART. 21 fulfill his promises. Hence, no case is
of NCC) made under Art. 21 of Civil Code.
NOTE: A marriage license is valid only the time of the marriage, one of the
for 120 days from date of issue, in any parties is already an alien.
part of the Philippines.
VOID MARRIAGES
Foreign Marriages A. Due to absence of any of the
Validity of marriage: essential requisites: (BB-LAPIS)
GENERAL RULE: Where one or both 1. contracted by any party below 18
parties to the marriage are citizens of years of age even with parental
the Philippines, the foreign marriage is consent
valid in this country if solemnized in 2. solemnized by any person not legally
accordance with the laws of the country authorized to perform marriages
of celebration. unless one or both of the parties
EXCEPTIONS: Foreign marriages shall not believed in good faith that the
be recognized in the Philippines if solemnizing officer had the legal
prohibited because: (MABB-PIP) authority to do so
1. contracted by a national who is 3. solemnized without a license except
below 18 years of age as otherwise provided
2. bigamous or polygamous (except 4. bigamous or polygamous marriages
as provided for in Art. 41, FC) 5. marriages contracted through
3. contracted through mistake of mistake of one of the parties as to
one party as to the identity of the identity of the other
the other 6. subsequent marriages that are void
4. contracted following the under Article 53 of the Family Code
annulment or declaration of 7. contracted by a party who at the
nullity of a previous marriage time of the marriage was
but before partition psychologically incapacitated
5. void due to psychological
incapacity B. Incestuous marriages, whether the
6. incestuous relationship be legitimate or
7. void for reasons of public policy illegitimate (Article 37):
1. between ascendants & descendants
Validity of divorce: of any degree
GENERAL RULE: A divorce validly 2. between brothers & sisters whether
obtained abroad by the alien spouse, full or half-blood
capacitating him/her to remarry can
allow the Filipino to remarry. C. Those contrary to public policy
EXCEPTION: The rule will not apply if (Article 38): (SCAPS-SAKA)
the divorce was obtained by the Filipino 1. between collateral blood relatives
spouse. whether legitimate or illegitimate up
to the 4th civil degree
NOTE: A Filipino wife remains the lawful 2. between step-parents & step
wife of the Filipino husband despite a children
decree of divorce obtained abroad by 3. between parents-in-law & children-
the wife. However, if the wife is already in-law
a foreigner at the time of the divorce, 4. between the adopting parent & the
she ceases to be the lawful wife of the adopted child
Filipino husband. This, notwithstanding, 5. between the surviving spouse of the
if at the time of the marriage the wife adopting parent & the adopted child
was still a Filipino, and subsequently 6. between the surviving spouse of the
acquires citizenship of another country, adopted child & the adopter
thereby rendering her to have the legal 7. between an adopted child & a
capacity to obtain a decree of divorce, legitimate child of the adopter
the Filipino husband remains a spouse of 8. between the adopted children of the
the former. This situation is not covered same adopter
by Art. 26, par.2 which requires that, at 9. between parties where one, with the
Order of liability if several persons are EXCEPTION: When the court finds
obliged to give support: compelling reason to order otherwise.
1. spouse NOTE: Paramount consideration in
2. descendants in the nearest degree matters of custody of a child is the
3. ascendants in the nearest degree welfare and well-being of the child.
4. brothers and sisters (Tonog vs. CA)