UP College of Law Freshie Starter Pack

Prepared by the UP Sigma Rho Fraternity

How to Study for Law School in General

1. Create a daily routine. Law school requires tedious preparation and dedication. As
teachers and alumni often put it, law school is indeed a jealous mistress. Set aside time
within your day to really study for the next day’s upcoming class. Confidence in class
comes from adequate preparation.
2. As much as possible, always come to class having read every case and provision assigned
for that day. Telling your professor that you were not able to read a case is law school’s
biggest mortal sin. It can be a one-way ticket to your professor walking out on your class.
Not to mention, getting a singko for recitation can be pretty nasty.
3. When studying, always have 4 things on your table:
a. your class syllabus (which contains your case assignments for that day),
b. your codal (where provisions can be found),
c. your commentary (where legal authors expound on the provisions found in the
codal), and
d. your cases (whether it be a digital copy via the internet or your plain, old, stack of
hard-copy readings).
A good routine would be to read the provisions assigned from your codal, then to read the
commentary in order for you to have a better idea of what the provision means, then to
proceed to reading the case, so you can see how the Supreme Court applied that particular
provision to a set of facts.

4.

When reciting, refrain from looking down on your table and just reading your notes/digest.
Stand alert, know the case and provisions by heart, and only glance at your notes once in
a while. This is important because recitation is in many ways a performance – your
professor has to see that you know your material well. A student who mumbles, stutters,
and plainly reads his notes is one who obviously lacks preparation. You’ve never seen
Harvey Specter lose his cool, have you?
5. In connection to number 4, always remember that in law school, confidence is key. We
promise you that no matter how hard you study, there will be a day that a professor will
ask you a question you just do not know the answer to. DO NOT BE FAZED. Law
 students must be quick on their feet. Never show that you do not know the answer to a
question and think of a way to answer based on the things you do know. Remember that
the goal of recitation is to impress upon your professor that you have prepared well for
his class. Fake it until you make it.
6. Always be responsive to your professor’s questions. Professors in the College of Law are
notorious for requiring their students to answer a question squarely and concisely. To
illustrate, if your professor asks you for the requisites of murder, do not answer him with
an example. It also goes without saying that part of being responsive to a professor’s
questions would be actually listening to and understanding your professor’s questions.
Besides, how can you properly answer a question you never even heard?
7. When reading, practice highlighting only the important things. It is recommended to
highlight only the word or phrase that encapsulates or triggers in your memory the topic
or main idea of the provision. Remember that when everything is a priority, nothing
really is.
8. The provisions in the codal under the same chapter are generally interrelated, and,
therefore, should be read in relation to each other so you can have a grasp of the topic as
a whole.
9. Memorizing laws and cases are boring enough as they are. Learn to make your own
mnemonics or guides to memorize and understand the topics. It is the best way to infuse
your studies with creativity, wit, and humor.
10. When making a digest, it would be best to adopt the “FACTS – ISSUE - RULING”
format. For the ruling, make sure to indicate the law which the Supreme Court used as the
basis for deciding the way it did. Digests are important. Practice how to make your own.
Digests are just guides or prompters of doctrines, concepts, or topics you are discussing.
They are not substitutes for reading the original cases or the cases in full. State only the
relevant facts as well when reciting.

Constitutional Law I
How to Study for Constitutional Law I
1. Do not be daunted by the number of cases, as well as the number of pages per case
assigned for Constitutional Law. Expect to read cases which span for 300 pages or more.
YOU DO NOT NEED TO READ EVERY PAGE. Issue spotting is key. Know why the
case is assigned, and only read the part of the case which corresponds to this.
2. As much as possible, try to write your own digests for Constitutional Law. Several
professors require their students to handwrite their digests. Ensure that your digests are as
concise and straight to the point as possible.
3. It is highly recommended that you read the entire Constitution at least once before
starting Constitutional Law 1. This will allow you to have a broad picture of the
landscape of the subject. Make sure to know the different branches of government and the
different Constitutional Commissions by the end of your first read.
4. When reading cases under Constitutional Law where the question is whether or not a law
is constitutional, there may be discussions on judicial review. You may skip this part for
all subsequent cases you will read when you are already familiar with the concept of
judicial review and its elements.
5. Before reading the SCRA copies of the cases, browse your syllabus and the assignment/s
for the day. Then, read through the syllabus part of the SCRA. This is the part with the
 following format: “Constitutional Law; (topic, doctrine, or concept.)” Check under what
topic the case is assigned, take note of it, and read the rest of the case.
6. Read Fr. Joaquin Bernas’ commentary, “The 1987 Constitution of the Republic of the
Philippines: A Commentary.” As an alternative, Cruz’ commentary on Constitutional Law
and Political Law are also good reference materials.
7. For midterms and/or exams review, make sure to go over your own notes for the
semester. Your notes are supposed to remind you about the key things your professor says
in class. Moreover, always remember to reread your Constitutional Law codal, and
familiarize yourself with the powers of the different branches and agencies of
government. Also, it would be a good idea to make a reviewer for yourself as the
semester goes along, as this might help you consolidate the topics of the subject faster.

What to study for Constitutional Law 1

BRANCHES OF GOVERNMENT
1. The Judiciary
o What is Judicial power?
 Includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and
 To determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. [Art. VIII, Sec. 1, 1987 Constitution]
 Grave Abuse of Discretion exists when there is a capricious and
whimsical exercise of judgement. The abuse must be patent and
gross as to amount to an evasion of a positive duty or a refusal to
perform a duty enjoined by law by reason of passion or hostility.
[Enrile v. Sandiganbayan, G.R. No. 213847 (2013)]
o What is Judicial Review?
 The power of the courts to test the validity of executive and legislative
acts in light of their conformity with the Constitution. [Angara v. Electoral
Commission, G.R. No. L-45081 (1936)]
o What are the Requisites of Judicial Review?
 Actual Case or Controversy – there must be a genuine conflict of legal
rights and interests which can be resolved through judicial determination.
[John Hay v. Lim, G.R. No. 119775 (2003)]
 Precludes the courts from entertaining a request for an advisory
opinion, or cases that are or have become moot and academic.
[Gonzales v. Narvasa, G.R. No. 140835 (2000)]
 Locus Standi or Legal Standing – a party’s personal and substantial
interest in a case, arising from the direct injury it has sustained or will
sustain as a result of the challenged governmental action. [CREBA v.
Energy Regulatory Commission, G.R. No. 174696 (2010)]
 May be brushed aside by the court as a mere procedural
technicality in view of paramount public interest or transcendental
importance of the issues involved. [Kilosbayan v. Guingona G.R.
No. 113375 (1994)]
  Question Raised at the Earliest Opportunity – the question of
unconstitutionality of the act in question should be immediately raised in
the proceedings in the lower court, instead of an appeal. [Arceta v.
Mangrobang, G.R. Nos. 152895 & 153151 (Resolution), (June 15, 2004)]
 List Mota of the Case – the decision on the constitutional question must
be determinative of the case itself. [Francisco, Jr. v. House of
Representatives, G.R. No. 160261, (November 10, 2003)]

2. Legislative
o What is Legislative Power?
 Legislative power is the authority to make, alter, and repeal laws. [Bernas,
676]
 Legislative power is vested in the Congress, which consists of a Senate
and a House of Representatives. [Art. VI, Sec. 1, 1987 Constitution]
 Grant of legislative power to Congress is plenary. Congress may legislate
on any subject matter provided that constitutional limitations are observed.
[Art. VI, Sec. 1, 1987 Constitution]
o What is the Structure of Philippine Congress?
 Philippine Congress is bicameral in nature, consisting of the House of
Representatives and the Senate. [Art. VI, Sec. 1, 1987 Constitution]
 The Senate is composed of 24 members elected at large by the qualified
voters of the Philippines. [Art. VI, Sec. 2, 1987 Constitution]
 Senators must be:
 Natural born citizens of the Philippines,
 At least 35 years old on the day of the election,
 Able to read and write,
 A registered voter, and
 A resident of the Philippines for not less than 2 years immediately
preceding the day of the election. [Art. VI, Sec. 3, 1987
Constitution]
 The House of Representatives is composed of not more than 250
members, unless otherwise fixed by law (this is the reason why there are
more than 250 congressmen today) consisting of:
 District Representatives, who are elected from the legislative
districts [Art. VI, Sec. 5, 1987 Constitution], and
 Party-list Representatives. [R.A. 7941]
 District Representatives must be:
 Natural born citizens of the Philippines,
 At least 25 years old on the day of the election,
 Able to read and write,
 A registered voter in the district where he shall be elected,
 A resident of the district for a period not less than 1 year
immediately preceding the day of election. [Art. VI, Sec. 6, 1987
Constitution]
 Party List Representatives must be:
 Natural born citizens,
 Must be at least 25 years of age on the day of the election; in case
of the youth sector, he must be 25 but not more than 30 years old
on the day of the election,
 A registered voter,
 A resident of the Philippines for a period not less than 1 year
immediately preceding the day of the election,
 Able to read and write, and
 A bona fide member of the part or organization which he seeks to
represent for at least 90 days preceding the election. [R.A. 7941,
Sec. 9]
o What is the Party-List System
 Party list representatives shall constitute 20% of the total number of
representatives, elected through a party-list system of registered national,
regional, and sectoral parties or organizations. [R.A. 7491]

3. Executive
o What is Executive power?
 This refers to the President’s power to enforce, implement, and administer
laws. The President shall ensure that the laws be faithfully executed.
[Cooley, 183]
o What are the Qualifications for Office of the President and the Vice
President?
 Natural born citizen of the Philippines,
 At least 40 years of age on the day of the election,
 Registered voter,
 Able to read and write, and
 Resident of the Philippines for at least 10 years immediately preceding
such election. [Art. VII, Sec. 2, 1987 Constitution]
o What is the Term of Office of the President and the Vice President?
 The President and the Vice-President shall be elected by the people for 6
years. [Art. VII, Sec. 4, 1987 Constitution]
 The President shall not be eligible for any re-election. No person who has
succeeded as President and has served as such for more than 4 years shall
be qualified for election to the same office at any time. [Ibid.]
o What is the Doctrine of Qualified Political Agency (Alter Ego Doctrine)
 All of the executive and administrative organizations are adjuncts of the
Executive Department. As such, the acts of the Secretaries of the
Executive departments, when performed in the regular course of business
or unless disapproved by the Chief Executive, are presumptively the acts
of the Chief Executive. [Villera v. Secretary of Interior, G.R. No. 46570
(1939)]
o What is Presidential Immunity?
 The President is immune from suits during his incumbency. Such is
because the immunity seeks to assure that the exercise of Presidential
functions and duties are free from any hindrance or distraction. [Soliven v.
Makasiar, G.R. No. 82585 (1988)]
  After his tenure, the Chief Executive cannot invoke immunity from suit
for civil damages arising out of acts done by him while he was President
which were not performed in the exercise of official duties. [Estrada v.
Desierto, G.R. Nos. 146710-15 (2001)]
o What is the Commander-in-Chief Clause?
 The President has the power to call-out the Armed Forces to prevent or
suppress lawless violence, invasion, or rebellion. [Art. VII, Sec. 18, 1987
Constitution]
 The conditions of “actual invasion or rebellion” and “public safety
requiring it” need not concur before the President may exercise his calling
out power. The only criterion is that “whenever it becomes necessary”, the
President may exercise his calling-out power. [SANLAKAS v. Executive
Secretary, G.R. No. 159085 (2004)]
o What are the Grounds for Suspension of the Privilege of the Writ of Habeas
Corpus?
 The privilege of the writ can only be suspended when there is an invasion
or rebellion, when public safety requires it. [Art. VII, Sec. 18, 1987
Constitution]
o When can Martial Law be declared?
 Martial Law can only be declared when there is an invasion or rebellion,
when public safety requires it. [Ibid.]
 A state of Martial Law does not suspend the operation of the Constitution,
nor supplant the functioning of the courts or legislative assemblies. [Ibid.]
o What is the Extent of the Pardoning Power of the President?
 The President can grant reprieves, commutations, pardons, remission of
fines, forfeitures, and amnesty. [Art. VII, Sec. 19, 1987 Constitution]
 The President may extend executive clemency for administrative
penalties. The Constitution makes no distinction as to the extent of the
pardoning power, except with respect to impeachment cases. [Llamas v.
Orbos, G.R. No. 99031 (1991)]

SEPARATION OF POWERS
o What is the Doctrine of Separation of Powers?
 The principle of separation of powers ordains that each of the 3 great
branches of the government has exclusive cognizance of and is supreme in
matters falling within its constitutionally allocated sphere. [Defensor v
Guingona, G.R. No. 134577 (1998)]
 The Judicial branch is the only constitutional organ which can be called
upon to determine the proper allocation of powers between the branches of
government and among the integral or constituent units thereof. [Angara v
Electoral Commission, G.R. No. L-45081 (1936)]
 The principle of separation of powers obtains not through express
provision but by actual division in our Constitution. [Angara v. Electoral
Commission, G.R. No. L-45081 (1936)]
 Such principle exists to prevent the concentration of authority in one
person or group that might lead to irreparable error or abuse in its exercise
 to the detriment of republican institutions. [Pangasinan v. PSC, G.R. No.
47065 (1940)]

PERSONS AND FAMILY RELATIONS

How to study for Persons and Family Relations
1. Your primary reference, whether a commentary or a book, depends on the assignment of
your professor, or the professor teaching your class. The Legarda commentary, the
Pangalangan commentary, and the Sempio-Diy handbook are common references for
Persons class. For advanced reading, Arturo Tolentino’s commentary on the Civil Code is
the main text used for the Civil Code portion of Persons class. Justice Paras’ commentary
will suffice as both a Civil Code and Family Code reference. However, it is still
recommended to wait for professors to be assigned before purchasing a commentary that
will serve all your Persons and Family Relations needs for the first semester.
2. In Persons class, codal provisions and jurisprudence are of paramount importance. While
commentaries are very useful in Persons and Family Relations, develop mastery on the
Family Code itself, and the cases. Never read cases in a vacuum. As the Family Code is a
relatively recent law, jurisprudence is in a state of constant evolution and you will have to
get used to tracking the development of certain doctrines over time.
3. MEMORIZE PERTINENT PROVISIONS (especially the ones your professor
emphasize). Memorize the grounds for annulment, legal separation, the difference
between voidable and void.
4. Out of all the freshman first semester subjects, it is in Persons and Family Relations
where the facts matter most when reading cases. Oftentimes, you will have to take note of
the dates of events. Learn how to identify the relevant facts. Persons classes tend to have
more cases per session compared to other classes, and identifying the facts pertinent to
the topic will save you a lot of time, energy, and ink.

What to study for Persons and Family Relations

GENERAL PRINCIPLES
1. What is the Civil Code?
o The collection of laws regulating private relations of the members of civil society,
determining their respective rights and obligations, with reference to persons,
things, and civil acts.
2. When do laws become effective?
o Laws shall take effect 15 days after completion of their publication in the Official
Gazette, or in a newspaper of general circulation in the Philippines, unless it is
otherwise provided. [Art. 2, Civil Code]
o Other presidential issuances which apply only to particular persons or class of
persons such as administrative and executive orders need not be published on the
assumption that they have been circularized to all concerned. [Tañada v Tuvera,
G.R> No. L-63915, (1986)]
3. What is the effect of Ignorance of the Law?
o Ignorance of the law excuses no one from compliance therewith. [Art. 3, Civil
Code]
o There is a difference between ignorance of the law and a misunderstanding of it
due to its complicated language. [Kasilag v Rodriguez, G.R. No. 46623 (1939)]
 4. What are the rules pertaining to the Retroactivity of Laws?
o General Rule: Laws are not retroactive. [Art. 4, Civil Code]
o Exceptions: When retroactivity is specified, remedial statutes, curative statutes,
interpretive laws, penal statutes beneficial to the accused, and laws that create
new rights. [Ibid.]
o Exception to the exception: When, due to retroactivity, a person’s constitutional
rights are compromised.
5. What are the rules governing the repeal of laws?
o Laws are repealed only by subsequent ones, and their violation or non-
observances shall not be excused by disuse, or custom or practice to the contrary.
[Art. 7, Civil Code]
o Kinds of Repeals
 Express or declared repeal – Specifically states it repeals a law.
 Implied or tacit repeal – Provisions of the subsequent law are
irreconcilably incompatible or inconsistent with those of an earlier law.
[Javier v. COMELEC, G.R. No. 215847 (2016)]
6. What is Stare Decisis and Hierarchy of Laws?
o Stare Decisis – Only Supreme Court decisions are treated as precedents. Those
decisions become judicial precedent to be followed in subsequent cases by all
courts in the land. [Lazatin v. Desierto, G.R. No. 147097 (2009)]
o Stare decisis means that a conclusion reached in one case should be applied to
those that follow if the facts are substantially the same, even though the parties
may be different. [Lazatin v. Desierto, G.R. No. 147097 (2009)]
o Hierarchy of Laws – Administrative or executive acts, orders and regulations
shall be valid only when they are not contrary to the laws or the Constitution.
[Art. 7, Civil Code]
7. What are the rules governing the determination of years, months, days, or nights?
o When the laws speak of years, months, days or nights, it shall be understood that
years are of 365 days each; months of 30 days; days of 24 hours; and nights from
sunset to sunrise. [Art. 13, Civil Code]
o If months are designated by their name, they shall be computed by the number of
days which they respectively have. [Ibid.]

DEFINITION OF A PERSON
o What are the kinds of persons?
 Natural Persons – human beings or men, exist in nature, perceptible to the
senses, and products of procreation. [Paras, 235]
 Judicial Persons – entities forced by association of men as artificial, fictitious,
abstract or moral persons, who have no physical existence, but only exist in
contemplation of law and products of legal fiction (i.e. corporations, associations,
estates). [Ibid.]

RULES OF MARRIAGE
o When is a Breach of promise to marry an Actionable Wrong?
 Ordinarily, a mere breach of promise to marry is not an actionable wrong. But to
formally set a wedding and go through all the necessary preparations an publicity
 and only to walk out of it when matrimony is about to be solemnized, as against
good customs. [Wassmer v Velez, G.R. No. L-20089 (1964)]
o What is the definition of marriage?
 Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with the law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code (Art. 1, Family Code)
 Memorize very well, and divide the provision to understand it better.
o What are the requisites of marriage?
 Essential requisites
 Legal capacity,
 Must be male and female,
 Consent freely given, and
 In the presence of the solemnizing officer. [Art. 2, Family Code]
 Formal requisites
 Authority of solemnizing officer,
 Valid marriage license, except marriages of exceptional circumstances
under Articles 27-34, and
 A marriage ceremony with the appearance of the contracting parties before
the solemnizing officer and their personal declaration that they take each
other as husband and wife in the presence of not less than two witnesses of
legal age. [Art. 3, Family Code]

Combination of Essential and Formal Requisites and their Subsequent Legal Effect
Essential Formal Verdict
Yes Yes VALID
No Yes VOID
Yes No VOID, but the person who
caused the irregularity is held
civilly, criminally, or
administratively liable
Defect Yes VOIDABLE
Yes Irregularity VALID, but offender is held
civilly, criminally, or
administratively liable

VOID MARRIAGES
o What are the grounds for void marriages?
 Marriages void from the beginning
 Those contracted by any party below eighteen years of age even with the
consent of parents or guardians;
 Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or both
 parties believing in good faith that the solemnizing officer had the legal
authority to do so;
 Those solemnized without license, except those covered by the preceding
chapter;
 Those bigamous or polygamous marriages not falling under Article 41;
 Those contracted through mistake of one contracting party as to the
identity of the other; and
 Those subsequent marriages that are void under Article 53. [Art. 35,
Family Code]
 Those between ascendants and descendants of any degree, and
 Those between brothers and sisters, whether full or half blood, [Art. 37,
Family Code]
 Those between collateral blood relatives, whether legitimate or
illegitimate, up to the 4th civil degree,
 Between step-parents and step-children,
 Between parents-in-law and children-in-law,
 Between the adopting parent and the adopting child,
 Between the surviving spouse of the adopting parent and the adopted
child,
 Between the surviving spouse of the adopted child and the adopter,
 Between the adopted child and a legitimate child of the adopter,
 Between the adopted children of the same adopter, and
 Between parties where one, with the intention to marry the other, killed
that other person’s spouse or his or her own spouse. [Art. 38, Family
Code]
 Subsequent marriages
 Refer to Wiegel v. Sempio-Diy, G.R. No. L-53703 (1986). This case laid
down the doctrine that a judicial declaration is necessary before a void
marriage is considered void. Without a judicial declaration of nullity,
subsequent marriages are therefore bigamous. Note the date of its
promulgation as it is a landmark case. Compare to the requisites of bigamy
in Tenebro v. CA, G.R. No. 150758 (2004) as well as Justice Carpio’s
dissenting opinion. Justice Carpio opined that a subsequent marriage could
not give rise to a conviction of bigamy if it was void ab initio for reasons
other than the existence of the first marriage.
 What is psychological incapacity?
 A marriage contracted by any party who, at the time of celebration, was
psychologically incapacitated to comply with the essential marital
obligations shall likewise be void, even if incapacity manifests only after
solemnization. [Art. 36, Family Code]
 Psychological incapacity must be characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability.
 The incapacity must be grave or serious such that the party would
be incapable of carrying out the ordinary duties required in
marriage;
  It must be rooted in the history of the party antedating the
marriage, although the overt manifestations may emerge only after
the marriage; and
 It must be incurable or, even if it were otherwise, the cure would
be beyond the means of the party involved. [Santos v. Court of
Appeals, G.R. No. 112019 (1995)]
 Look up and review the guidelines for interpretation of psychological
incapacity under Art. 36 under the Molina Doctrine [Republic v. Molina,
G.R. No. 108763 (1997)]
 The burden of proof to show the nullity of the marriage belongs to
the plaintiff.
 The root cause of the psychological incapacity must be: a)
medically or clinically identified, b) alleged in the complaint, c)
sufficiently proven by experts, and d) clearly explained in the
decision.
 The incapacity must be proven to be existing at “the time of the
celebration” of the marriage.
 Such incapacity must also be shown to be medically or clinically
permanent or incurable.
 Such illness must be grave enough to bring about the disability of
the party to assume the essential obligations of marriage
 The essential martial obligations must be those embraced by
Articles 68 to 71 of the Family Code as regards the husband and
wife as well as Articles 220, 221, and 225 of the same Code in
regard to parents and their children.
 Interpretations given by the National Appellate Matrimonial
Tribunal of the Catholic Church in the Philippines, while not
controlling or decisive, should be given great respect by our courts.

VOIDABLE MARRIAGES
o What are the grounds for annulment?
 One of the parties is 18 or above but below 21 years old, and there is no parental
consent.
 Either party was of unsound mind (insanity).
 The consent of either party was obtained through fraud:
 Through non-disclosure of a previous conviction of a crime involving
moral turpitude;
 Through concealment by the wife of the fact that at the time of the
marriage she was pregnant by another man;
 Through concealment of a sexually transmitted disease, regardless of its
nature, existing at the time of marriage;
 Through concealment of drug addiction, habitual alcoholism or
homosexuality/lesbianism [Rabuya, 311]
 The consent of either party was obtained through force, intimidation, or undue
influence.
 Either party is physically incapable of consummating the marriage (impotence).
  Either party has a serious and incurable sexually transmissible disease, even if not
concealed. [Art. 45, Family Code]

LEGAL SEPARATION
o What are the grounds for legal separation?
 Repeated physical violence or grossly abusive conduct directed against the
petitioner, or a common child, or a child of the petitioner,
 Physical violence or moral pressure to change religious or political affiliation,
 Attempt to corrupt the petitioner, a common child, or a child of the petitioner to
engage in prostitution, or connivance in such corruption or inducement,
 Final judgement sentencing the respondent to imprisonment of more than 6 years,
 Drug addiction or habitual alcoholism,
 Lesbianism or homosexuality of the respondent,
 Contracting by the respondent of a subsequent bigamous marriage whether in the
Philippines or abroad,
 Sexual infidelity,
 Attempt against the life of the petitioner, or
 Abandonment of petitioner by respondent without justifiable cause for more than
1 year. [Art. 55, Family Code]
o What are the defenses against legal separation?
 Where the aggrieved party has condoned the offense or act complained of,
 Where the aggrieved party has consented to the commission of the offense or act
complained of,
 Where there is connivance between the parties in the commission of the offense or
act constituting the ground for legal separation,
 Where both parties have given ground for legal separation,
 Where there is collusion between the parties to obtain legal separation or
 Where the action is barred by prescription. [Art. 56, Civil Code]
o What are the effects of a legal separation decree?
 The innocent spouse may revoke the donations made by him or her in favor of the
offending spouse, as well as the designation of the latter as beneficiary in any
insurance policy, even if such designation be stipulated as irrevocable. The
revocation of the donations shall be recorded in the registries of property in the
places where the properties are located. Alienations, liens and encumbrances
registered in good faith before the recording of the complaint for revocation in the
registries of property shall be respected. The revocation of or change in the
designation of the insurance beneficiary shall take effect upon written notification
thereof to the insured. [Art. 64, Civil Code]
 If the spouses should reconcile, a corresponding joint manifestation under oath
duly signed by them shall be filed with the court in the same proceeding for legal
separation. [Art. 65, Civil Code]
 The reconciliation referred to in the preceding Articles shall have the following
consequences:
 The legal separation proceedings, if still pending, shall thereby be
terminated at whatever stage; and
 
The final decree of legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse already
effected shall subsist, unless the spouses agree to revive their former
property regime.
 The court’s order containing the foregoing shall be recorded in the proper
civil registries. [Art. 66, Civil Code]
o Foreign Divorces
 By reason of comity, the Supreme Court allows recognition of divorces between
foreigners and Filipinos, if these divorces are held valid in a foreigner’s state.
[Tenchavez v. Escano, G.R. No. L-19671, (1965) and compare with the later case
of Republic v. Manalo, G.R. No. 221029 (2018)]

CRIMINAL LAW 1
How to study for Criminal Law 1
1. Books or commentaries recommended would be those by Reyes, Boado, or Palattao. For
review during finals and midterms, make sure to focus on the codal as well as on
pertinent special laws, such as the Indeterminate Sentence Law (ISL).
2. Memorize enumerations and latin maxims. Criminal Law 1 contains a lot of latin maxims
which explains or summarize the topics or principles.
3. Answering in recitations requires you answer directly and concisely.

What to study for Criminal Law 1

o What is Criminal Law?
 Criminal law is that branch of law which defines crimes, treats of their nature, and
provides for their penalties.
 Remember DTP.
 Defines crimes,
 Treats of their nature, and
 Provides for their penalties.
 It is substantive law; it is substantive because it defines the right of the state to
inflict punishment and the liability of the offenders, it is pubic because it deals
with the relation of the individual with the state.
o What is a crime?
 A crime is an act or omission in violation of a law forbidding it, or commanding
it.
o What are the sources of Philippine criminal law?
 Where does the State get its authority to punish crimes?
 The State derives such authority as an inherent attribute of its sovereignty,
and from police power.
 Remember ReSPeL – Revised Penal Code (RPC), Special Penal Laws,
Penal Provisions in other Laws, and Local Ordinances
 RPC provisions
 Special Penal Laws
 Penal Provisions in other laws
 Local Ordinances
o What does Nullum crimen, nulla poena sine lege mean?
  There is no crime where there is no law punishing it.
o What are the characteristics of Criminal Law?
 Remember GTP – General, Territorial, Prospective
 GTP Principles, or Principles of;
 Generality – means that Philippine Criminal Law applies to all who live or
sojourn in the Philippines
 Territoriality – acts or omissions done within Philippine territory are punishable
by Philippine Criminal Law
 Exceptions (CAPON)
 Counterfeiting of Philippine currency or coins or introduction
thereof into the country,
 Acts related to such counterfeiting or introduction of counterfeit
Philippine currency or coins,
 Philippine Ships, Airships, Vessels registered in and with the
Philippines,
 Official Acts related or done in performance of official duty by
Philippine public officials,
 Acts or omissions done against the National Security or the Law
of Nations.
 Prospectivity
 Generally, Philippine Criminal Law applies only to acts or omissions done
after the effectivity of said law.
 Exception is when there be a provision or effect in the law which would be
beneficial to the accused, in which case retroactivity of application shall
be allowed.
 Exception to the exception:
 When a person is a habitual delinquent.
» A person shall be deemed to be habitually delinquent, if
within a period of ten (10) years from the date of his release
or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto estafa or falsification, he is
found guilty of any of said crimes a third time or oftener.
(Revised Penal Code, Art. 62(5), as amended by Rep. Act
No. 7659, Sec. 23)
o Construction / Interpretation of Penal Laws
 Penal Laws are strictly construed against the State; they are construed liberally in
favor of the accused.
 The Spanish text of the RPC prevails over the English translation.
 Penal Laws shall have retroactive application if they are favorable to the accused.
 Read on the effects of repeal/amendment of penal law.
o Felonies
 How are felonies committed?
 Presumption of intent – when an act is done with malice, it is presumed
that there was intent in doing that act.
 Compare Intent v. Motive
  Intent is an essential requisite of intentional felonies, or felonies
committed with malice. It is the purpose to use a particular means
to effect such result.
 Motive is the moving power which impels one to action for a
definite result and need not be proved in order to convict someone,
except when there is doubt as to the identity of the offender
 How is criminal liability incurred?
 By any person committing a felony under the Articles of Book 2 of
the Revised Penal Code.
 By any person committing a felony (delito) although the wrongful
act done is different from that which he intended.
 By any person performing an act which would be an offense
against persons or property, were it not for the inherent
impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means. (Article 4,
Revised Penal Code)
 Who are criminally liable?
 For grave and less grave felonies: Principles, accomplices, and
accessories
 Exception: Generally, the punishment for accessories shall not be
imposed upon those who are accessories with respect to their
spouses, ascendants, descendants, brothers and sisters, or relatives
by affinity within the same degrees
 For light felonies: Principles and accomplices
 What is a principal?
 The following are principals:
» Those who take a direct part in the execution of the act
(principal by direct participation),
» Those who directly force or induce others to commit it
(principal by inducement),
» Those who cooperate in the commission of the offense by
another act without which it would not have been
accomplished (principal by indispensable cooperation),
» Punished by the penalty prescribed by law.
 What is an accomplice?
 Anyone who does not fall under the definition of a principal, and
knowingly and intentionally cooperates in the execution of the
offense by prior or simultaneous acts.
 One can be an accomplice even if he did not know of the actual
crime intended by the principal, provided he was aware that it was
an illicit act.
 Punished by the penalty one degree lower than that prescribed for
the principal.
 What is an accessory?
  Accessories are those who, having knowledge of the commission
of the crime, take part after the crime is committed through any of
the following means:
» By profiling themselves or assisting the offender to profit
by the effects of the crime.
» By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its
discovery.
» By harboring, concealing, or assisting in the escape of the
principals of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the
crime is guilty of treason, parricide, murder, or an attempt
to take the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
» Punished by the penalty two degrees lower than that
prescribed for the principal.
 Can criminal liability be affected?
 Yes, by:
» Justifying circumstances,
» Exempting circumstances,
» Mitigating circumstances,
» Aggravating circumstances,
» Alternative circumstances.
 What are Justifying Circumstances?
 The act done is lawful under the circumstances and the person is
free from criminal and civil liability. They are:
» Self-defense,
» Defense of relatives,
» Defense of stranger,
» Avoidance of greater evil or injury,
» Fulfillment of duty or lawful exercise of right or office,
» Obedience to an order issued for some lawful purpose,
» Battered woman syndrome. (Article 11, Revised Penal
Code)
 What are Exempting Circumstances?
 Under these circumstances, there is a crime, but the person who
committed the act is not subjected to criminal liability. They are:
» Imbecility or insanity,
» Minority (below the age of 15),
» Accident,
» Compulsion or irresistible force,
» Impulse of uncontrollable fear,
» Insuperable or lawful cause. (Article 12, Revised Penal
Code)
 What are Mitigating Circumstances?
  Those which do not free the actor from criminal liability, but
reduce the penalty. They are:
» Incomplete Justifying or Exempting Circumstances,
» Over 15 and under 18 years old and acting with
discernment, or above 70 years old,
» No intention to commit so grave a wrong,
» Sufficient provocation or threat,
» Immediate vindication of a grave offense,
» Passion or obfuscation,
» Voluntary surrender,
» Voluntary plea of guilt,
» Plea to a lower offense,
» Physical defect,
» Illness,
» Analogous circumstances. (Article 13, Revised Penal Code)
 What are Aggravating Circumstances?
 Those which increase the penalty imposed to the maximum period
provided by law for the offense, or change the nature of the crime.
They are:
» Taking advantage of public office,
» Insult to public authorities,
» Lack of regard due to offended party by reason of rank,
age, or sex,
» Abuse of confidence,
» Crime in the Palace or in the presence of the President,
» Nighttime, uninhabited place, or with a band,
» During a calamity,
» Aid of armed men or means to insure impunity,
» Recidivism,
» Habituality,
» Price, reward or promise,
» Inundation, fire, poison,
» Evident premeditation,
» Craft, fraud, or disguise,
» Superior strength or means to weaken defense,
» Treachery,
» Ignominy,
» Unlawful entry,
» Breaking wall, floor, roof,
» With aid of persons under 15 by motor vehicle,
» Cruelty. (Article 14, Revised Penal Code)
 What are Alternative Circumstances?
 Those which can be either aggravating or mitigating, according to
the nature of the crime and the other conditions of its commission.
They are:
» Relationship,
» Intoxication,
» Degree of education of the offender.