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Showing posts from August, 2019

Article 42 of the Civil Code of the Philippines

Article 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a) This article deals with the extinguishment of civil personality. Upon the moment of death of a person his right to support ends, and if a penalty imposed to a person, such penalty extinguished upon his death, and if a person dies after he has authorized another to sell the former’s property the sale after such death is not valid. CASE: DIONISIO DUMLAO et al. vs QUALITY PLASTIC PRODUCTS, INC.,  G.R. No. L-27956 April 30, 1976 FACTS: Judgement rendered on February 28, 1962 the Court of First Instance of Pangasinan in Civil Case No. T-662 ordering defendants Vicente Soliven, Pedro Oria, Santiago Laurencio, Marcelino Sumalbag and Juana Darang to pay solidarity Quality Plastic Products, Inc. the sum of P3,667.03 plus the legal rate of interest from November, 1958 or else Quality ...

Article 15 of the Civil Code of the Philippines

Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) Art. 15 stresses the Nationality principle. Regardless where a Filipino citizen is residing abroad, he or she still govern with Philippine law with respect to his or her family rights and duties  (includes parental authority, marital authority and support), s tatus  (includes personal qualities and relation),  condition and legal capacity . In the Case of:   ALICE REYES VAN DORN, petitioner vs.  HON. MANUEL V. ROMILLO, JR., as presiding judge and Richard Upton respondents. FACTS:  Petitioner Alice Reyes Van Dorn, a citizen of the Philippines and Richard Upton a private respondent  citizen of the United States were married   in Hongkong in 1972 and after their  marriage they decided to reside here in the Philippines. On 1982, the parties got...