2012 Civil Law, Q1

a) Roberto was in Nikko Hotel when he bumped into a friend who was then on her way to a wedding reception being held in said hotel. Roberto alleged that he was then invited by his friend to join her at the wedding reception and carried the basket full of fruits which she was bringing to the affair. At the reception, the wedding coordinator of the hotel noticed him and asked him, allegedly in a loud voice, to leave as he was not in the guest list. He retorted that he had been invited to the affair by his friend, who however denied doing so. Deeply embarrassed by the incident, Roberto then sued the hotel for damages under Articles 19 and 21 of the Civil Code. Will Roberto’s action prosper? Explain. (5%)
b) Ricky donated P 1 Million to the unborn child of his pregnant girlfriend, which she accepted. After six (6) months of pregnancy, the fetus was born and baptized as Angela. However, Angela died 20 hours after birth. Ricky sought to recover the P 1 Million. Is Ricky entitled to recover? Explain. (5%)

Quick check

Under Article 19 of the Civil Code, what element is essential to hold a party liable for damages under the abuse of rights doctrine?

What legal principle applies when a hotel coordinator politely asks an uninvited guest to leave a private function without bad faith?

Under Article 40 of the Civil Code, when is a conceived child considered born for all purposes favorable to it?

Under Article 41 of the Civil Code, what is the survival requirement for a fetus with an intra-uterine life of less than seven months to acquire civil personality?

Why is Ricky legally entitled to recover the P1 Million donation made to the unborn child Angela?

Learn more about these topics

1. Abuse of Rights
Under Article 19 of the Civil Code, every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. To warrant an award of damages under Articles 19 and 21, the plaintiff must establish that the defendant acted in bad faith, with malice, or with deliberate intent to cause harm. The proper exercise of a legal right without malice does not give rise to civil liability under the principle of damnum absque injuria.

2. Fetal Civil Personality
Under Article 40 of the Civil Code, birth determines personality, but a conceived child is considered born for all purposes that are favorable to it, provided it is born later with the conditions specified in Article 41. This provisional personality enables a fetus to be a donee of a donation. However, the legal capacity of the conceived child remains subject to the condition that it is delivered alive and satisfies the statutory survival requirements prescribed by law.

3. Intrauterine Survival Requirement
Under Article 41 of the Civil Code, if a fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete separation from the maternal womb. If the infant fails to survive the mandatory twenty-four hour period, its provisional civil personality is extinguished ab initio. Consequently, any donation made in favor of the unborn child produces no legal effect, allowing the donor to recover the donated property.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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