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📚 COMPLETE TEACHING GUIDE: Pages 205-443

Paternity, Filiation, Mental Disorders, Alcoholism, Poisoning & Criminal Liability

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🗂️ TABLE OF CONTENTS

1. PATERNITY & FILIATION (pp. 205-224)
2. ARTIFICIAL INSEMINATION (pp. 225-230)
3. SEXUAL DYSFUNCTION & IMPOTENCE (pp. 237-255)
4. CONTRACEPTION (pp. 256)
5. ANNULMENT & LEGAL SEPARATION (pp. 257-261)
6. MENTAL DISORDERS & INSANITY (pp. 262-290)
7. ALCOHOLISM (pp. 291-325)
8. POISONING (pp. 326-375)
9. CRIMINAL LIABILITY (pp. 396-443)

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PART 1: PATERNITY & FILIATION (Pages 205-224)

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WHY DOES PATERNITY MATTER IN LAW?

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THE TWO BIG DEFINITIONS

• Think: "Paternity = Papa's status"

• Think: "Filiation = the child's family connection"

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KINDS OF CHILDREN - THE BIG PICTURE

CHILDREN
├── A. LEGITIMATE
│   ├── 1. Proper (born in lawful wedlock)
│   ├── 2. Legitimated (parents married after birth)
│   └── 3. Adopted
└── B. ILLEGITIMATE
    ├── NATURAL
    │   ├── Proper
    │   ├── By presumption
    │   └── By legal fiction
    └── SPURIOUS
        ├── Adulterous
        ├── Incestuous
        ├── Manceres (from prostitutes)
        └── Sacrilegious

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A.1. LEGITIMATE CHILDREN - PROPER

• Born AFTER 180 days following the wedding = prima facie legitimate
• Born WITHIN 300 days after marriage dissolution = presumed legitimate

1. There must be a valid marriage
2. Child born before 180 days following marriage AND within 300 days after dissolution
3. No "physical impossibility" within 120 days of the 300-day period after dissolution

• Husband was impotent
• Couple was living separately
• Husband had a serious illness

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EXAMPLE (Page 209):

Mark (husband) dies. 230 days after his death, a child is born.

• 230 days is LESS than 300 days → Presumed LEGITIMATE child of Mark ✓

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CIVIL CODE ARTICLE 258 - The 180-Day Rule:

1. Husband knew of the pregnancy before marriage
2. Husband consented to putting his surname on the child's birth record
3. Husband recognized the child as his own

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CIVIL CODE ARTICLE 256 - Protecting the Child

Even if the MOTHER declares against the child's legitimacy, or even if the MOTHER was found guilty of adultery - the child is still presumed LEGITIMATE.

• The child's status cannot be left at the mercy of the parents' bad acts
• Parents (husband and wife) might connive to declare a child illegitimate for corrupt reasons
• The child must not be punished for the wrongful acts of its parents

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PRESUMPTION OF ILLEGITIMACY - ETHNIC REASON

Don and Mela are both white and legally married. During conception, Mela had an affair with Tyron, an African-American. The child born has dark skin, wiry curly hair, thick lips - with NO African-American ancestor in Don or Mela's family. → Child is prima facie presumed ILLEGITIMATE.

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WIDOW REMARRYING WITHIN 300 DAYS (Page 212)

• A widow must wait 300 days before remarrying
• No marriage license shall be issued to a widow until after 300 days from husband's death
• Penalty for premature marriage: arresto mayor + fine not exceeding 500 pesos
• Exception: If the deceased husband was proven impotent or sterile - no criminal liability

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DUTY WHEN PREGNANT AFTER ANNULMENT (Page 214)

• Notify the former husband or his heirs that she is pregnant
• Do this within 30 days from when she became aware of the pregnancy
• Why? To prevent simulation of birth (fake birth records)

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SIMULATION OF BIRTH / SUBSTITUTION (Page 215)

• Any person who intends to cause the child to lose its civil status
• Any physician, surgeon, or public officer who cooperates
• Additional penalty: temporary special disqualification

• Penalty: Prison mayor (if done to defraud the offended party or heirs)
• Otherwise: Prison correccional in medium and maximum periods

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CHILD BORN AFTER 300 DAYS (Page 216)

• No presumption of legitimacy OR illegitimacy
• Whoever claims legitimacy or illegitimacy must PROVE it

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A.2. LEGITIMATED CHILDREN (Page 217)

• Born of parents who, at the time of conception, were NOT disqualified from marrying each other

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A.3. ADOPTED CHILDREN (Pages 218-221)

• Minors not otherwise qualified by law
• Illegitimate child of adopter's spouse, to make legitimate
• Person of legal age IF the adopter is at least 16 years older

• A married person without written consent of the other spouse
• An alien whose government has broken diplomatic relations with the Philippines
• A person already adopted before

• Every person of legal age in full possession of civil rights

• Those who already have legitimate, legitimated, or acknowledged natural children
• Guardian, with respect to the ward (before final approval of accounts)
• Married person without spouse's consent
• Non-resident aliens
• Resident aliens whose government broke diplomatic relations with Philippines
• Anyone convicted of a crime involving moral turpitude with penalty of 6+ months imprisonment

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B. ILLEGITIMATE CHILDREN (Pages 222-223)

• Void marriages, OR
• Voidable marriages after the decree of annulment

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EVIDENCE OF PATERNITY AND FILIATION (Page 224)

1. Parental Likeness - physical resemblance
2. Blood Grouping Test - ABO, Rh typing
3. Evidences from the Mother - pregnancy, delivery records
4. Evidences from the Father - cohabitation, physical exams

1. Record of birth in the Civil Registrar or an authentic document or final judgment
2. Continuous possession of the status of a legitimate child
3. Any other evidence allowed by Rules of Court and special laws

1. Indemnify the offended woman
2. Acknowledge the offspring (unless the law prevents it)
3. In every case, support the offspring

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PART 2: ARTIFICIAL INSEMINATION (Pages 225-230)

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TYPES OF ARTIFICIAL INSEMINATION

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INDICATIONS FOR EACH TYPE

• Impotence, premature ejaculation, hypospadias
• Hostile cervical mucus
• Husband's inability to deposit semen in vagina

• Absolute male sterility (Azoospermia) - no sperm at all
• Oligospermia - fewer than 10-15 million sperm/cc with long-duration infertility
• Hereditary diseases in the husband
• Rh blood incompatibility

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SELECTING A SPERM DONOR (Page 227)

1. Proper genetic screening (check for hereditary/genetic defects)
2. Blood type must be compatible with the wife's ABO and Rh genotype
3. Anonymity must be maintained - donor's identity must NOT be known to the couple and vice versa
4. Complete physical exam + standard tests for syphilis and gonorrhea - done one week before semen collection

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PRECAUTIONS FOR THE PHYSICIAN (Page 228)

1. Confirm the procedure is medically indicated for the couple
2. Ensure the couple is emotionally stable and psychologically suited
3. Screen donors thoroughly to exclude transmissible undesirable traits
4. Maintain strict confidentiality (except by court order)
5. Use freshly donated or properly stored frozen semen with source identified
6. Follow currently accepted techniques
7. Obtain full written informed consent from ALL parties involved

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LEGAL STATUS OF THE CHILD (Page 229)

• NO. Adultery requires "sexual intercourse with a man not her husband."
• There is NO sexual intercourse in artificial insemination.
• Therefore, no crime of adultery is committed.

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CONSENT REQUIREMENTS FOR A.I.D. (Page 230)

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PART 3: SEXUAL DYSFUNCTION (Pages 237-255)

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IMPOTENCE

• Relative impotence - cannot perform with a specific person but can with others
• Absolute impotence - cannot perform with anyone

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CAUSES OF SEXUAL DYSFUNCTION IN WOMEN (Page 255)

1. Fear of pregnancy or venereal disease
2. Adverse physical conditions (discomfort, pain)
3. Anxiety over economic security
4. Manual clitoral stimulation preferred (psychological conditioning)
5. Too frequent pregnancy
6. Lack of privacy
7. Husband's preference for perversion
8. Cultural-aesthetic inequalities
9. Faulty attitude of husband and wife toward normal intimacies

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PART 4: CONTRACEPTION (Page 256)

CLASSIFICATION OF CONTRACEPTIVE METHODS

• Condom, Coitus interruptus, Abstinence, Lactation, Safe period

• Condoms with jelly/suppository/douche
• Coitus interruptus with douche

• Douche (alone or combined with other methods)
• Vaginal diaphragm, Cervical type pessary, Stem pessary
• Jelly (alone or combined)
• Suppository with douche

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PART 5: ANNULMENT & LEGAL SEPARATION (Pages 257-261)

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GROUNDS FOR ANNULMENT - ART. 85 CIVIL CODE (Pages 257-258)

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WHAT CONSTITUTES FRAUD? - ART. 86 CIVIL CODE (Page 259)

• Concealment by wife of the fact that at the time of marriage, she was pregnant by another man

• Physician may be asked to determine the ages of contracting parties (if ground is age)
• Physician may be asked to examine mentality to determine if a party was of unsound mind at the time of marriage

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LEGAL SEPARATION - ART. 97 CIVIL CODE (Page 260)

1. Adultery on the part of the WIFE
2. Concubinage on the part of the HUSBAND
3. An attempt by one spouse against the life of the other

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PART 6: MENTAL DISORDERS & INSANITY (Pages 262-290)

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DISORDERS OF CONSCIOUSNESS (Page 278)

• Anterograde Amnesia - Loss of memory of recent events (cannot form new memories)
• Retrograde Amnesia - Loss of memory of past events - observed in head trauma

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DISORDERS OF CONTENT OF THOUGHT - DELUSIONS (Page 280)

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DISORDERS OF TREND OF THOUGHT (Page 281)

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DISORDERS OF EMOTION (Page 282)

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DISORDERS OF VOLITION - IMPULSION (Page 283)

• Pyromania - Compulsion to start fires
• Kleptomania - Compulsion to steal
• Mutilomania - Compulsion to mutilate
• Homicidal Impulse - Compulsion to kill
• Dipsomania - Compulsion to drink alcohol
• Sex Impulse - Uncontrollable sexual urges
• Suicidal Impulse - Compulsion to end one's life

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INSANITY & CRIMINAL RESPONSIBILITY (Pages 285-290)

1. A SANE person is assumed wholly responsible for the consequences of their criminal act
2. A person who commits a criminal act is presumed SANE
3. The crime is always considered in the context of mental state

• An imbecile or an insane person (UNLESS they acted during a LUCID INTERVAL)
• Persons under 9 years of age
• Persons over 9 but under 15 (UNLESS they acted with discernment)

• For crimes under the Revised Penal Code: criminal intent is necessary
• For other statutory crimes: intent is immaterial - the prohibited act itself is enough

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PART 7: ALCOHOLISM (Pages 291-325)

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KEY DEFINITIONS

• Dangerous to himself and others, OR
• A cause of harm/serious annoyance to his family, OR
• Unable to manage his affairs or maintain ordinary proper conduct

• It lessens individual resistance to evil thoughts and undermines willpower

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ALCOHOL - WHAT IT IS (Page 301)

• Consist of organic acids, esters, and other types of alcohol
• Congeners impart the "odor of alcohol" that we smell and taste in drinkers

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THE LAW ON ALCOHOLISM (Pages 305-307)

• Any person who causes a disturbance or scandal in public places while intoxicated:
• Penalty: Arresto menor OR fine not exceeding 200 pesos

• Contracts entered into during a lucid interval = VALID
• Contracts during drunkenness or hypnotic spell = VOIDABLE

• Art. 264, Civil Code (Administering injurious substances) - the law penalizing unlicensed liquor manufacture is valid

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METHODS OF DETECTING ALCOHOL (Pages 322-323)

• Alcolyzer = Uses chromate salt in acid; color changes from Orange-Yellow to Green when alcohol is present
• Alco-sensor = Uses a fuel cell; light shows "Warn" or "Fail"

1. Chemical Method - Sample distilled and reacted with chromate (oxidizing agent); measures unreacted chromate to determine alcohol amount
2. Enzymatic Method - Uses purified alcohol + coenzyme NAD (Nicotinamide Adenine Dinucleotide); alcohol is oxidized to aldehyde, then measured colorimetrically or spectrophotometrically. Dipstick method is based on this principle.
3. Gas Chromatographic Method - Specimen injected directly into the apparatus
4. Infrared Absorption Method - Alcohol vapor absorbs specific infrared wavelengths; decrease in infrared energy intensity is measured

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SOCIETAL RESPONSES TO ALCOHOLISM (Pages 324-325)

• Manufacturing liquor only up to a certain percentage of alcohol
• Restricting time and place of drinking
• Random alcohol screening tests for drivers
• If positive on screening: quantitative determination follows
• If blood alcohol exceeds the tolerable limit: driver can be arrested

• Education in schools and churches to encourage moderation or abstinence

• Introduce substitute forms of tension relief
• Remove the cause of tension
• Divert attention to something else
• Combine medicine with psychiatry, psychology, and social casework
• Alcoholics Anonymous
• Pastoral counseling in churches
• Halfway houses - bridge between penal institutions and community

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PART 8: POISONING (Pages 326-375)

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WHAT IS A POISON? (Page 327)

• Chemical action on the tissues of the living body, OR
• Physiological action after absorption into the living system

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WHY NOT LIMIT TOXICOLOGICAL ANALYSIS TO THE STOMACH? (Page 328)

1. The GIT (gastrointestinal tract) is only ONE of the means of entry of poison into the body
2. Even if the poison was taken orally, it may have already been absorbed and redistributed elsewhere in the body

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LAWS ON POISON

• Arsenic and arsenical solutions
• Phosphorus
• Corrosive sublimate
• Cyanide of potassium and other cyanides
• Atropine, cocaine, morphine, strychnine (and their salts)
• All poisonous vegetable alkaloids and their salts
• Hydrocyanic acid (prussic acid)
• Oil of bitter almonds containing hydrocyanic acid
• Oil of mirbane (nitro-benzene)
• Opium and its preparations (except paregoric and those with less than 450 mg/100 cc)

1. Must record in a book: date of sale, name and address of purchaser, name and quantity of poison, purpose claimed
2. Must verify the buyer is aware of the poisonous nature AND the poison is for a legitimate purpose
3. Must affix a RED LABEL with large black letters "POISON" and a skull and crossbones vignette
4. Books of poison sales must be preserved for at least 5 years after the last entry
5. Books must be open for inspection by the Board of Pharmaceutical Examiners and health/law officers

• Violent poisons must be kept in a locked cabinet in every pharmacy, kept securely locked when not in use

• Same labeling requirements (red label, skull and crossbones)
• Same record-keeping requirements (5-year preservation, open to inspection)

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REPUBLIC ACT NO. 6969 - Toxic Substances and Hazardous and Nuclear Wastes (Page 365)

• Regulation of toxic chemicals
• Hazardous and nuclear waste management
• Protection of public health and the environment

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PART 9: CRIMINAL LIABILITY (Pages 396-443)

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WHO HAS CRIMINAL RESPONSIBILITY? (Pages 396-401)

1. An imbecile or insane person (UNLESS acted during a lucid interval)
2. Persons under 9 years of age
3. Persons over 9 but under 15 (UNLESS acted with discernment)

• Revised Penal Code felonies: criminal INTENT is necessary
• Statutory crimes: intent is IMMATERIAL - just committing the prohibited act is enough

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WHEN IS CRIMINAL LIABILITY INCURRED? (Art. 4, RPC - Pages 401-403)

• A person is responsible for ALL natural and logical consequences of their felonious act
• Even if the actual result differs from the intended result

1. A felony was committed
2. The wrongful act done is a direct and natural consequence of the crime committed

1. When injury is due to some cause or accident foreign to the facts constituting the felony
   • Example: Offender inflicted slight injuries, but the victim later died because the doctor made a medical error while treating those injuries - the offender may not be fully liable for the death

• Inherent impossibility - the very nature of the act makes it impossible to consummate
• Inadequate or ineffectual means - the method chosen cannot produce the desired effect

• Stabbing a person with intent to kill who has already been dead for a long time (inherent impossibility)
• Trying to kill someone by putting arsenic in their water, but accidentally using table salt instead (inadequate means)

• Depends on the social danger and degree of criminality
• Penalty: Arresto mayor OR fine ranging from 200 to 500 pesos

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FELONY WITH DIFFERENT RESULT THAN INTENDED (Pages 404-405)

1. A felony was committed
2. The wrongful act done to the victim is a direct and natural consequence of the committed crime

1. When the injury is due to some cause or accident foreign to the facts of the felony
2. Example: Offender inflicts slight injuries, then the victim is in the hospital and gets hit by a falling piece of the hospital ceiling - the offender is NOT liable for the death from the ceiling fall

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QUICK REVIEW SUMMARY TABLE

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HOW TO REMEMBER EVERYTHING - MASTER MNEMONICS

For Kinds of Children:

For Annulment Grounds:

For Precautions in AI:

For Criminal Liability Exemptions:

For Alcohol Detection Methods:

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