When Does Civil Personality End in the Philippines?
Civil personality ends at death; property, obligations and succession consequences are then governed by law, contract and the person’s will.
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Rights of a Conceived Child Under Philippine Law
A conceived child may receive legally favorable rights in inheritance, donations and related civil matters if the Civil Code conditions are satisfied.
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When Does Civil Personality Begin in the Philippines?
Civil personality generally begins at birth, while a conceived child is treated as born for purposes favorable to the child subject to Civil Code conditions.
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Juridical Capacity vs Capacity to Act: What Is the Difference?
Juridical capacity is the fitness to hold rights and duties; capacity to act is the power to exercise rights through legally effective acts.
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Prescription of Contract Actions: How Long Do You Have to File?
Quick answer: An action based on a written contract generally must be filed within 10 years from the time the right of action accrues under Article 1144 of the Civil Code. But not every contract-related claim has the same prescriptive period, and the starting date is not necessarily the date the contract was signed. What…
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Acceleration Clauses: Can the Entire Loan Become Due Immediately?
Quick answer: A valid acceleration clause may make the remaining loan balance due after the specified default. Enforcement depends on the clause’s wording, the occurrence of the trigger, required notice or demand under Civil Code Articles 1159 and 1169, and waiver through prior conduct, and the lawful computation of principal, interest, penalties, and credits. Governing…
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Attorney’s Fees in the Philippines: Article 2208 and Fee Clauses
Recovering attorney’s fees after a breach of contract in the Philippines: how attorney’s-fee clauses work, when courts reduce them, and why a breach alone is not bad faith.
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Duty to Mitigate Damages After a Contract Breach
Quick answer: An injured party must take reasonable steps to reduce avoidable loss after learning of a breach. The mitigation rule in Civil Code Article 2203 does not require extraordinary expense or unreasonable risk, but damages may be reduced when the claimant’s own failure to act aggravated the loss. Governing rule The duty to mitigate…
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Liquidated Damages vs Penalty Clauses
Quick answer: Both clauses fix financial consequences in advance, but their function and wording matter. Liquidated damages estimate compensation for breach, while a penalty clause principally secures performance. Courts examine substance rather than labels and may reduce an iniquitous or unconscionable amount. G.R. No. 249247 also explains how stipulated forfeiture or liquidated damages may operate…
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Temperate Damages When the Exact Loss Cannot Be Proven
Quick answer: Temperate or moderate damages may be awarded when the court is satisfied that a pecuniary loss occurred but the exact amount cannot be proved with certainty. They are more than nominal damages but less than fully proved compensatory damages. Governing rule Temperate damages are one of the six kinds of damages listed in…
