Persons and Family Relations Cheat Sheet (DRAFT) by jurisprudencia

Republic Act No. 6809
AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES

EFFECT ON CONTRACTS
ARTICLE 1327 NCC. The following cannot give consent to a contract:
(1) Uneman­cipated minors;
(2) Insane or demented persons, and deaf-mutes who do not know how to write. (1263a)

ARTICLE 1390 NCC. The following contracts are voidable or annull­able, even though there may have been no damage to the contra­cting parties:

(1) Those where one of the parties is incapable of giving consent to a contract;

ARTICLE 1397 NCC. The action for the annulment of contracts may be instituted by all who are thereby obliged princi­pally or subsid­iarily. However, persons who are capable cannot allege the incapacity of those with whom they contra­cted; nor can those who exerted intimi­dation, violence, or undue influence, or employed fraud, or caused mistake base their action upon these flaws of the contract. (1302a)

ARTICLE 1398 NCC An obligation having been annulled, the contra­cting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits, and the price with its interest, except in cases provided by law.

In obliga­tions to render service, the value thereof shall be the basis for damages. (1303a)

ARTICLE 1399 NCC. When the defect of the contract consists in the incapacity of one of the parties, the incapa­citated person is not obliged to make any restit­ution except insofar as he has been benefited by the thing or price received by him. (1304)

ARTICLE 1403 NCC. The following contracts are unenfo­rce­able, unless they are ratified:
(3) Those where both parties are incapable of giving consent to a contract.

ARTICLE 1426.NCC When a minor between eighteen and twenty-one years of age who has entered into a contract without the consent of the parent or guardian, after the annulment of the contract volunt­arily returns the whole thing or price received, notwit­hst­anding the fact that he has not been benefited thereby, there is no right to demand the thing or price thus returned.

ARTICLE 1427.NCC When a minor between eighteen and twenty-one years of age, who has entered into a contract without the consent of the parent or guardian, volunt­arily pays a sum of money or delivers a fungible thing in fulfil­lment of the obliga­tion, there shall be no right to recover the same from the obligee who has spent or consumed it in good faith. (1160a)

ARTICLE 1489 NCC. All persons who are authorized in this Code to obligate themse­lves, may enter into a contract of sale, saving the modifi­cations contained in the following articles.
Where necess­aries are sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor. Necess­aries are those referred to in article 290. (1457a)

EFFECT ON MARRIAGE
Art. 5. FC Any male or female of the age of eighteen years or upwards not under any of the impedi­­ments mentioned in Articles 37 and 38, may contract marriage. (54a)C­­ha­n­R­ob­­les­­Vi­r­tuala

Art. 35.FC The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) 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;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contra­­cting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.

EFFECT ON CRIMES
Art. 12. Circum­stances which exempt from criminal liability. — the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interv­al.c­ha­nrobles virtual law library
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confin­ement in one of the hospitals or asylums establ­ished for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.
2. A person under nine years of age.ch­anr­obles virtual law library
3. A person over nine years of age and under fifteen, unless he has acted with discer­nment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.
When such minor is adjudged to be criminally irresp­ons­ible, the court, in confor­mably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his survei­llance and education otherwise, he shall be committed to the care of some instit­ution or person mentioned in said Art. 80.
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
5. Any person who act under the compulsion of irresi­stible force.c­ha­nrobles virtual law library
6. Any person who acts under the impulse of an uncont­rol­lable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful insupe­rable cause.c­ha­nrobles virtual law library

Art. 13. Mitigating circum­sta­nces. — The following are mitigating circum­sta­nces;
2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discer­nment, a discre­tionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period.

Art. 80. Suspension of sentence of minor delinq­uents. — Whenever a minor of either sex, under sixteen years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the evidence in the proper procee­dings, instead of pronou­ncing judgment of convic­tion, shall suspend all further procee­dings and shall commit such minor to the custody or care of a public or private, benevolent or charitable instit­ution, establ­ished under the law of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the custody or care of any other respon­sible person in any other place subject to visitation and superv­ision by the Director of Public Welfare or any of his agents or repres­ent­atives, if there be any, or otherwise by the superi­nte­ndent of public schools or his repres­ent­atives, subject to such conditions as are prescribed herein­below until such minor shall have reached his majority age or for such less period as the court may deem proper.
The court, in committing said minor as provided above, shall take into consid­eration the religion of such minor, his parents or next of kin, in order to avoid his commitment to any private instit­ution not under the control and superv­ision of the religious sect or denomi­nation to which they belong.
The Director of Public Welfare or his duly authorized repres­ent­atives or agents, the superi­nte­ndent of public schools or his repres­ent­atives, or the person to whose custody or care the minor has been committed, shall submit to the court every four months and as often as required in special cases, a written report on the good or bad conduct of said minor and the moral and intell­ectual progress made by him.
The suspension of the procee­dings against a minor may be extended or shortened by the court on the recomm­end­ation of the Director of Public Welfare or his authorized repres­ent­ative or agents, or the superi­nte­ndent of public schools or his repres­ent­atives, according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall not, however, be affected by those contained herein.
If the minor has been committed to the custody or care of any of the instit­utions mentioned in the first paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a respon­sible person.ch­anr­obles virtual law library
If the minor has behaved properly and has complied with the conditions imposed upon him during his confin­ement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may order his final release.
In case the minor fails to behave properly or to comply with the regula­tions of the instit­ution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a respon­sible person, or in case he should be found incorr­igible or his continued stay in such instit­ution should be inadvi­sable, he shall be returned to the court in order that the same may render the judgment corres­ponding to the crime committed by him.
The expenses for the mainte­nance of a minor delinquent confined in the instit­ution to which he has been committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the munici­pality in which the offense was committed shall pay one-third of said expenses; the province to which the munici­pality belongs shall pay one-third; and the remaining one-third shall be borne by the National Govern­ment: Provided, however, That whenever the Secretary of Finance certifies that a munici­pality is not able to pay its share in the expenses above mentioned, such share which is not paid by said munici­pality shall be borne by the National Govern­ment. Chartered cities shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebt­edness in accordance with section five hundred and eighty­-eight of the Admini­str­ative Code.

Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal liability establ­ished in subdiv­isions 1, 2, 3, 5 and 6 of Article 12 and in subdiv­ision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules:
First. In cases of subdiv­isions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discer­nment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority, legal guardi­anship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law.
Second. In cases falling within subdiv­ision 4 of Article 11, the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in sound discre­tion, the propor­tionate amount for which each one shall be liable.
When the respective shares cannot be equitably determ­ined, even approx­ima­tely, or when the liability also attaches to the Govern­ment, or to the majority of the inhabi­tants of the town, and, in all events, whenever the damages have been caused with the consent of the author­ities or their agents, indemn­ifi­cation shall be made in the manner prescribed by special laws or regula­tions.
Third. In cases falling within subdiv­isions 5 and 6 of Article 12, the persons using violence or causing the fears shall be primarily liable and second­arily, or, if there be no such persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution.

REPUBLIC ACT NO. 9344. AN ACT ESTABL­ISHING A COMPRE­HENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROP­RIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

EFFECT ON QUAS-D­ELICT