Sunday, December 6, 2015

Persons of interest

I am a fan of the tv series Person of Interest. The wikipedia defines a person of interest in this entry.

But what does the Civil Code of the Philippines mean by "two or more persons who do not have the same interest?"


I wrestled with this enigma since Oblicon 101 under Prof. Breech Largo but somehow failed to shoot him the question. Prof. Largo's recommended text was De Leon's Comments and Cases on Obligations and Contracts. The newest edition back then was the  2010 Edition. On page 77 here's how the authors discussed the 3rd paragraph of Art. 1165:


That does not enlighten us one bit. Neither does Vitug nor Jurado; they just quote the phrase as is.

But I think Paras tried - but failed to educate me - on page  117 of Civil Code of the Philippines, Vol. IV, 2008 Edition:

So let's do a Harold Finch (you've got to watch Person of Interest to know him) and piece a few things together.

Most of the provisions of the New Civil Code of the Philippines were lifted from the Spanish Codigo Civil. (Check a previous entry here referring to the Codigo Civil). Either they were translated directly or amended during the translation.

Article 1165 is supposed to be a direct translation, not an amended one, from Articulo 1096. Which is why there is the number 1096 enclosed in parentheses at the end of Art. 1165. Were it an amendment translation there should have been (1096a) instead of (1096).

But Articulo 1096 reads like this:


And the 2009 English edition of the Spanish Civil Code reads thus:


Harold would say that there is no cause for interest here.

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