Persons.doc

8/20/2019 Persons.doc

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Set 1

1. Give your views for and against same sex marriage. Discuss the same in relation

to the Philippine Constitution, existing laws, and the recent US Supreme Court

decision allowing same sex marriage.

I support or affirm in the legalization of same sex marriage in the Philippines.

The right to marry is a basic civil right granted to every citizen. Any form or meansof barring one from exercising it is violative against him.

Section 1 of Article III of the 19! Philippine "onstitution states that no personshall be deprived of life# liberty# or property $ithout due process of la$# nor shall any

person be denied the e%ual protection of the la$s. In the &amily "ode of the

Philippines# marriage $as defined as one entered by a man and a $oman# and one of

its essential re%uisites is the legal capacity of the contracting parties $ho must be amale and a female. 'ence# by Philippine la$s# only a male and a female can enter

into a contract of marriage.

In the (nited States# same)sex marriages became legal nation$ide as of *une+,1- after the resolution of the recent Obergefell vs. Hodges case by a -) decision.

In the case# the (nited States Supreme "ourt held that denial of marriage licenses tosame)sex couples and the refusal to recognize those marriages performed in other

/urisdictions violates the 0ue Process and the %ual Protection clause of the

&ourteenth Amendment of the (nited States "onstitution. (nder the authority of the0ue Process clause of the &ourteenth Amendments to the "onstitution# the federal

and state government# respectively# are prohibited from depriving any person of 2life#

liberty# or property# $ithout due process of la$.2 In the %ual Protection clause# it

states that any State shall not deny to any person $ithin its /urisdiction the e%ual protection of the la$s.

Again# the right to marry is a basic civil right of man. 0epriving one of it isviolative against the person. The Philippine "onstitution does not provide any

provision that discriminates homosexuals and lesbians but it clearly stated in the 3ill

of 4ights that no person shall be deprived of life# liberty# or property and be denied of e%ual protection of the la$s. A basic right is barred to be exercised by homosexuals

and lesbians. 'ence# this group is# by essence# deprived of their basic rights and is to

be given e%ual protection by the State.

. Discuss the cases of Silverio vs. !epu"lic and !epu"lic vs. Cagandahan.

a# Silverio vs. !epu"lic

The petitioner under$ent a biological sex change from male to female

through sex)reassignment)surgery and then sought to amend his birth certificate

to indicate the change in sex as a preliminary step to get married to his partner.The Supreme "ourt denied the petition and ruled that the sex of a person is

determined by visually loo5ing at the genitals of the baby at the time of his or

her birth. Such determined sex is immutable and there are no la$s that recognize

sex reassignment.

https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_Constitution_of_the_United_Stateshttps://en.wikipedia.org/wiki/Constitution_of_the_United_Stateshttps://en.wikipedia.org/wiki/Due_process_of_lawhttps://en.wikipedia.org/wiki/Constitution_of_the_United_Stateshttps://en.wikipedia.org/wiki/Due_process_of_lawhttps://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_Constitution_of_the_United_States


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"# !epu"lic vs. Cagandahan

The respondent $as found out to have "ongenital Adrenal 'yperplasia6"A'7 $hich is a condition $here the person afflicted has both male and female

characteristics and organs. 3y expert evidence# it $as sho$n that the respondent#

though genetically female# secreted male hormones and not female hormones#had no breast# and did not have any monthly menstrual periods and $here the

respondent# in his mind and emotion# felt li5e a male person and did not $ant to

have surgery. The Supreme "ourt considered such person as an 2intersexindividual2 and granted the preference of the person to be considered as a male

person# thus granted the amendment of the birth certificate.

$. %hat is a pre&udicial 'uestion( Discuss the same in relation to the cases of)

A pre/udicial %uestion is one that arises in a case# the resolution of $hich is a

logical antecedent of the issue involved therein# and the cognizance of $hich

pertains to another tribunal. There are t$o cases involved# namely# a civil and acriminal one. The criminal is suspended because the issues in the civil is the

determinative of the outcome of the criminal case.

The follo$ing /urisprudence can better explain $hat a pre/udicial %uestion

is.

a# *ortich Celdran vs. Celdran

A person alleges that his 2motion to $ithdra$2 filed in and approved by thecourt $as falsified and that conse%uently the decision of the said court $as

erroneous and said decision $as filed to the "ourt of Appeals before the said

person filed a criminal case against the accused for falsification of publicdocument. The Supreme "ourt held that the resolution in the civil case $hether

the motion $as authentic or not is determinative of the guilt of the accused in the

criminal suit pending. As such# it is a pre/udicial %uestion $hich must first bedecided before the prosecution can proceed in a criminal case.

"# +andicho vs. !elova

A spouse $as charged $ith bigamy by his first spouse and there after# thesecond spouse filed for an annulment of marriage contending that the accused

forced and intimidated her to marry him. The accused filed a third)party

complaint against his first spouse alleging she forced and intimidated him tomarry her. The Supreme "ourt ruled that the existence of a civil suit does not

constitute a pre/udicial %uestion to $arrant the suspension of the criminal case

for bigamy because a voidable marriage is validly existing until annulled. 'e$ho then contracts a second marriage assumes the ris5 of being prosecuted for

bigamy.

c# apanta vs. -endoa


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If the situation $as that the accused of bigamy $as the one $ho $as

intimidated or forced by the second spouse to enter into a bigamous marriage#

his consent $as vitiated and cannot be the basis of his conviction for bigamy.The civil case for annulment of the second marriage is a pre/udicial %uestion

$hich must be decided first before the criminal action against the accused could

proceed.

d# /eltran vs. People

The husband filed for a civil action for declaration of nullity of his marriageon the ground of psychological incapacity. The $ife filed a criminal case for

concubinage against the husband and his paramour. The Supreme "ourt held that

the civil action does not $arrant the suspension of the criminal action for

concubinage because a subse%uent /udicial pronouncement of the nullity of marriage is not a defense in concubinage. 8oreover# as long as there is no

/udicial declaration of nullity of marriage# the presumption is that the marriage

exists for all intents and purposes.

0. Should we have divorce in the Philippines( Give your thoughts.

I disagree $ith allo$ing divorce in the Philippines. It should be noted that the

divorce mentioned is one that dissolves the bonds of matrimony not one that is

considered relative divorce 6legal separation7.

8arriage is defined under our &amily "ode as the foundation of the family and

an inviolable social institution. It is a generally accepted precept that the family is a

basic unit in the society. A disfunctional family creates a disfunctional society. Thereare certain grounds for an action for divorce li5e incompatibility# irremediable

brea5do$n of marriage# irreconcilable differences# short marriage# personal

differences# etc. Simply put# one could easily get a divorce than that of annulment or legal separation. A family could easily be separated and create a disfunctional one.

Thin5 of the conse%uences on the child as it could disillusion him.

'ence# divorce should not be allo$ed as it detriments the family and the society.

8arriage should be considered as a responsibility not as an accessory or a simple

union of man and $oman.

. 2s a foundling li3e Senator Grace Poe 'ualified to run for President in the

Philippines( Discuss the same in relation to the Philippine Constitution,

international law, and other legal sources.

Senator race Poe is %ualified to run for Philippine Presidency.

The "onstitution is mandated under the doctrine of parens patriae to care for abandoned children. &urthermore# according to Section + of Article I: of the 19!

"onstitution# natural)born citizens are those $ho are citizens of the Philippines from

birth# $ithout having to perform any act to ac%uire or perfect their Philippine

citizenship. Those $ho elect Philippine citizenship in accordance $ith paragraph 6;7#


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Section 1 hereof shall be deemed natural)born citizens. Section +. Also# Section + of

Article + of the same states that the Philippines renounces $ar as an instrument of

national policy# adopts the generally accepted principles of international la$ as partof the la$ of the land and adheres to the policy of peace# e%uality# /ustice# freedom#

cooperation# and amity $ith all nations.

The 19


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*udicial decisions of the Supreme "ourt are authoritative and precedent)

setting $hile those of inferior courts and the "ourt of Appeals are merely

persuasive. It is the duty of /udges to apply the la$ as interpreted by theSupreme "ourt.

c# People vs. +iceraArt. of the "ivil "ode states that /udicial decisions applying and

interpreting the la$s or the "onstitution shall form part of the legal system of the

Philippines.

In effect# /udicial decisions# although in themselves are not la$s# assume the

same authority as the statute itself. *udicial decisions# until authoritatively

abandoned# become the criteria $hich must control the actuations not only of those called upon to abide thereby but also those duty bound to enforce

obedience thereto.

d# 6piag vs. CanteroA /udge entered into a second marriage in 19< $ithout his first void

marriage /udicially declared a nullity. The prevailing /urisprudence at the time of the second marriage $as that a /udicial declaration of nullity is not needed in

void marriages. 'ence# the Supreme "ourt ruled that the second marriage cannot

be made a basis of administrative liability against the /udge for immorality.

7. %hat is 6rticle 14( Discuss the same in relation to the following cases)

Article 1< of the "ivil "ode states that real property as $ell as personal

property is sub/ect to the la$ of the country $here it is situated.

'o$ever# intestate and testamentary successions# both $ith respect to the

order of succession and to the amount of successional rights and to the intrinsicvalidity of testamentary provisions# shall be regulated by the national la$ of the

person $hose succession is under consideration# $hatever may be the nature of

the property and regardless of the country $herein said property may be found.

a# -enciano vs. /rimo

A citizen of Tur5ey made out a a last $ill and testament providing his

property shall be disposed in accordance $ith Philippines la$s# the Supreme"ourt decided ruled that such provision is illegal and void. The Supreme "ourt

referred to Article 1, 6no$ Article 1


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Set .

1. 2s a "reach of promise to marry an actiona"le wrong( %hy( Discuss the cases of

%assmer vs. 8ele, 9uimiguing vs. 2cao, and Constantino vs. -ende.

A breach of promise to marry is not an actionable $rong. According to Article +

of the &amily "ode# the essential re%uisites of a marriage are 617 the legal capacity

of the contracting parties $ho must be a male and a female# and 6+7 consent freelygiven at the presence of the solemnizing officer. "onsent must be freely given. If a

person is not $illing to marry another# one canBt# even by any legal means# compel

him to give his consent. 'ence# a mere breach of promise to marry is not anactionable $rong.

In Cassmer vs. :elez# the plaintiff and the respondent $ere to celebrate their

marriage. 'o$ever# on the date of the $edding# the respondent did not appear despitethe $edding preparations made# appearance of relatives# friends# and ac%uaintances#

and other expenses for the occasion. The Supreme "ourt held that though the

respondent cannot be compelled to marry the petitioner# he is liable for actual

damages a$arded to the plaintiff. =ot doing so is contrary to good customs.

In Duimiguing vs. Icao# a married man $ho forces a $oman# not his $ife# toyield to his lust constitutes a clear violation of the rights of his victim $hich entitled

her to compensation.

In "onstantino vs. 8endez# a man invited a $oman to a hotel after meeting at a

restaurant. The $oman $as + years old and admitted that she $as attracted to the

man and had sexual intercourse $ith him even after the man confessed he $as

married. The Supreme "ourt held that the $oman canBt claim she $as deceived bythe man in his representation that he $ould marry her. =o damages $ere a$arded to

the $oman since her attraction to the man $as the reason $hy she surrendered her

$omanhood. 'er declaration that their sexual intercourse continued in three monthsindicates that passion and not the alleged promise of marriage $as the moving force

that made her submit herself to a man.

. %hat is a 'uasi:delict( Discuss and give examples. Compare the same with an

o"ligation arising from a contract li3e that of a contract of carriage.

A %uasi)delict is an obligation arising from an act or omission through fault or

negligence causing damages or in/ury to another# $hereby# there exists no pre)existing contractual relations bet$een the parties.

&or example# in a contract of common carriage# $hen the driver of a taxi#through his negligence# causes in/ury to a passenger. The passenger filed for damages

against the operator. A complaint for liability for %uasi)delict $ill not prosper against

the operator. 'o$ever# said complaint $ill prosper if made against the driver. It is so because in the contract of carriage# the contractual relation exists only bet$een the

operator and the passenger. 'o$ever# there exists no contractual relation bet$een the

driver and the passenger as it $as the driverBs negligence that caused the damages.


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$. %hat is a corporation( %hat is the advantage of forming a corporation( %hat

if the doctrine of piercing the veil of the corporate entity( ;xplain with

examples.

A corporation is an artificial being created by operation of la$# having the right

of succession and the po$ers# attributes# and properties expressly authorized by la$

or incident to its existence. @ne of the very reasons $hy businessmen form acorporation is the /uridical personality of a corporation $hich is separate and distinct

than that of each shareholder as stated in Article 6;7 of the "ivil "ode. The

responsibilities and rights of corporations are separate and distinct than that of ashareholder. 'ence# a creditor of a corporation $ill not go after the personal property

of a shareholder to claim for payment of a debt.

'o$ever# such separate and distinct personality is not absolute. The doctrine of piercing the veil of the corporate entity states that if the incorporation $as made to

defeat public convenience# /ustify $rong# protect fraud# defend crime# defraud

creditors# and other similar causes# the corporate entity $ill be pierced or

disregarded. It is then the corporation be treated as an association of persons or#$here there are t$o corporations# they $ill be merged as one.

0. Under 6rticle 28 of the 1


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8arriage is a special contract since not only that the parties involved are the

contracting parties# but also the State. (nli5e other contracts# marriage is governed

by the la$ not by mere stipulations agreed upon by the parties except on the propertyregime. The State is involved much so because marriage is the foundation of the

family# and a happy and sound family is the frame$or5 to a refined and functional

society# $hich is $here marriageBs importance exists. 4egulating marriage is a meansto protect the family in order for it not to /eopardize the community or the society.

The family is the base $here society is cultured.

4. Discuss psychological incapacity at the time of the cele"ration of the marriage

which results to incapacity to comply with the essential marital o"ligations,

ma3ing the marriage void. Cite cases in the discussion.

There is no specific definition given by la$ to the term 2psychological

incapacity.2 0etermination is left $ith the courts on a case)to)case basis. 'o$ever#

/urisprudence provide distinctive characteristics found in psychological incapacity.

Since it $arrants the nullity of marriage# either or both spouse afflicted $ith it must be incapacitated to comply $ith the essential marital obligations and that their mental

disposition seriously prevents them from having a functional and normal marital life$hich should be conducive for a healthy personal inter)marital relationship $ithin

the family.

Psychological incapacity must be a psychological illness afflicting the party

before the celebration of the marriage 6Perez vs. &erraris7. It involves a senseless#

protracted# and constant refusal to comply $ith the essential marital obligations by

one or both parties although he# she or they are physically capable of performingsuch obligations 6"hi 8ing Tsoi v. "ourt of Appeals7. 'ence# if a person is truly very

efficient and mentally capable in underta5ing a particular profession in life# he can

still be considered as irresponsible person vis)a)vis his or her married life if he or shespends almost the $hole day $or5ing and not minding his or her o$n family 6Tongol

vs. Tongol7.

Documents

Persons.doc